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HomeMy WebLinkAboutTERRA-CAL CONSTUCTION INC/ - 2001-02-05 (2) I�J Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder WHEN RECORDED MAIL TO: IIIIIIIIIIIII IIII 'IIIIIIIIIIIIII:� IIIIIII IINO FEE CITY OF HUNTINGTON BEACH Office of the City Clerk 2O010761620 08:20am 10129101 200 48 N12 1 P.O. Box 190—2000 Main St. 200 8 o 1 o.00 o.00 o.00 o.00 o.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Terra-Cai Construction, Inc. who was the company thereon for doing the foliowing work to-wit: i CC-1143—BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT I . This project includes landscaping approximately two miles of the median along the commercial corridor of Beach Boulevard from Adams Avenue to Talbert Avenue. Consists of new planting, irrigation and hardscape. i That said work was completed October 15, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 15, 2001. That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 22"d day of October, 2001. G� E,����v�✓ City Clerk and ex-officio Cf rk 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 22"d day of October, 2001. City Clerk ex-officio Clerk�/ of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 22, 2001 Gary Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, 4�� 69� ;�- Connie Brockway, CIVIC City Clerk CB:jh Enclosure: Notice of Completion—CC-1143—Beach Blvd. Median Improvements—Terra-Cal Construction, Inc. 1 Telephone:714-536-5227) f WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Terra-Cal Construction, Inc. who was the company thereon for doing the following work to-wit: CC-1143—BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT This project includes landscaping approximately two miles of the median along the commercial corridor of Beach Boulevard from Adams Avenue to Talbert Avenue. Consists of new planting, irrigation and hardscape. That said work was completed October 15, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 15,2001. That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 22"d day of October, 2001. City Clerk and ex-officio CArk 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 22"d day of October,2001. City Clerk ex-officio Clerk�r of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 RECEIVED BY: • • CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes(ext.6260) (Name) after signing/dating 3 -- IS - 01 (Date) 10A >Yt4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN1:44t Jim Slobojan, Deputy City Treasurer FROM: �,I. S DATE: 4 2-71— °1 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. "IWI Labor and Material Bond No. Monument Bond No. Maintenance Bond No. to Re: Tract No. CC No. M3 MSC No. Approved �Z_ 05 - I Agenda Item No. _y (Council Approval Date) City Clerk Vault No. TF U-10 g:/jah/bondletter,doc W—NRDs&,11 Pf V� CITY OF HUNTINGTON BEACH - D_\kWaW) MN MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PW-01-122 Council/Agency Meeting Held: k 1> Deferred/Continued to: XAp roved ❑ Condi nally Approved ❑ Denied P*4 ity erk' Si nature Council Meeting Date: October 15, 2001 Department ID Number: PW-01-122 o c o � CITY OF HUNTINGTON BEACH REQUEST FOR ACTION off= mor - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS D > f G = SUBMITTED BY: RAY SILVER, City Administrators o J PREPARED BY: 4P)ROBERT F. BEARDSLEY, Director of Public Works UBJECT: ACCEPT THE BEACH BOULEVARD MEDIAN IMPROVEMENTS CC-1143 AND FILE THE NOTICE OF COMPLETION. Statement fissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council accept the Terra-Cal Construction, Incorporated contract as complete for the construction of Beach Boulevard Median Improvements Project, CC-1143? Funding Source: Federal Transportation Enhancement Activities (TEA) Grant, and Measure M funds were authorized for this project. Recommended Action: Motion to: Accept the Beach Boulevard Median Improvements CC-1143 at a final cost of $913,603.00 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On February 5, 2001, the City Council awarded a contract to Terra-Cal Construction, Incorporated and authorized a construction budget of $859,800 for the improvements to Beach Boulevard Medians Project, CC-1143. The adopted project budget also included $85,980 to cover potential change orders and $10,220 for supplemental expenses, for a total of $956,000. The improvements have been completed on schedule and under project budget per the approved plans and specifications. L� _ 1 01-122 Oct 15 Verone(Beach Medians Landscape) -2- 10/1101 11:03 AM REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PW-01-122 Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $859,800.00 $859,800.00 2. Change orders: 85,980.00 53,803.00 Subtotal: $945,780.00 $913,603.00 3. Supplemental Expenses: 10,220.00 5,000.00 Total: $956,000.00 $918,603.00 Attachment(s): City Clerk's Page Number . Description RCA Author: Verone:jm 01-122 Oct 15 Verone(Beach Medians Landscape) -3- 10/2/01 3:20 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: ACCEPT THE BEACH BOULEVARD MEDIAN IMPROVEMENTS CC-1143 AND FILE THE NOTICE OF COMPLETION COUNCIL MEETING DATE: October 15, 2001 RCA ATTACHMENTS STATUS;: Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS: .. _........... _ . ........ REVIEWED RETURNED FORWARDED'` ... Administrative Staff Assistant City Administrator Initial ) ( ) City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM - Only)(Below Space For City Clerk's Use RCA Author: Verone CALIFORNIA PRELIMINARY NOTICE FOR OFFICIAL_USE ONLY YOUR ATTENTION I ME DIRECTED TO SECTION 3097.3098 AND 3111,CALIFORNIA CIVIL CODE WHICH REQI:,ES US TO O 0 O }. NOTIFY YOU'THAT IF BILLS E NOT PAID IN FULLFOR LABOR.SERVICES.EQUIPMENT OR MATERIALS FURNIS ED.OR TO BE o FURNISHE17%THE IMPROVED PROPERTY(WHICH IS DESCRIBED HEREON)MAY BE SUBJECT TO MECHANICS'UENS."(THIS STATEMENT IS APPLICABLE TO PRIVATE WORK ONLY.) -F� THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. a�.��r-+v, T"i boa)0 Instructions: A, Fill out form Completely and legibly.Use typewriter if possb!e V B. Assessor's parcel number may be obtained from the County Assessor. \a 1 1 C. Top,odynal siggnature ccpy maybe filed with the County Recorder's Office pursuant to California CivifCode Section 3097(0). - DATE 4/9/01 ASSESSOR'S PARCEL NO. YOU ARE HEREBY NOTIFIED: THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR,SERVICES,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION (�iONTE COLLINS BACKHOE & EQUIPI04T, INC. CONTRACTORS EQUIP.1ENT RENTED (NAME) (DESCRIPTION OF LABOR.SERVICES,EQUIPMENT OR MATERIAL) ("POST OFFICE BOX 697 OPERAIEDT t ON Afi INDIVIDUAL OR FIRM (CM (STATE) (ZIP) . BYI tic Ali AEiT-rnc �7 �gy iMlE(SI E) DR N --- Uri _•TR��,11N R i'CY:) #398 ILJ ITLE) "SUETT�RR S- I'I ` KAAGER17 (DATE) T�i9 BEACH THE NAME AND ADDR 9 PPf13A W N1f A E a(ftt - RQf , ESTIMATED TOTAL PRICE OF EQUIPMENT OR MATERIAL IS: SAVALA EQUIPMENT CO. , INC. LABOR,SERVICES,EQUIPMENT 10,000 + 16402"E. CONSTRUCTION CIR., IRVINE, CA 92606- (ADDRESS) NOTICE TO PROPERTY OWNER 0-3-9- If bills are not paid in full for the labor,services,equipment; CITY OF HUNTINGTON BEACH or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings, (NAME) of all or part of your property being so improved may be FREPuTED O: 200 14AIN ST. 2nd. FLOOR placed against the property even though you have paid OWNEROWNER. (ADDRESS) _ _ your Contractor In full.You may Wish to protect yourself OR GENCY HUNTINGTON BEACH, CA 92648 - - against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you (CITY) <sTA-E) (ZIP) to notice before making payment to your contractor, (2) requiring your contractor to furnish a receipt to establish CERTIFIED MAIL NO.:7000 1670 0010 9393 3533 that you paid the contractor In full and recording no later than 30 days from receipt of this preliminary notice an TERRA-KCAL CONSTRUCTION, INC. affidavit that you paid the contractor in full or(3)any other method or device that is appropriate under the LREPUTED AME) circumstances. _ 14530 JOANBRIDGE ST. (ADDRESS) - - - - - _ - TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE BALDWIN PARK, CA 91706 NAME OPERATING ENGINEERS TRUST :FUNDS '!M.-...: - -- (STATE:.: ,: -- --....(LP) - _ - CERTIFIED i�iAIL 10 .7OOr 1670QOlfl° 93g 352`b; ADDRESS PO 80- 7064 PIaCSADERAD ''CA 41109 contained RM,TIM kND;COMPANY NAME t. ;.cr ;.,.LV;V��c , pease contact the undeitzigned CONSTRUCTION 1100 EL CENTRO ST. - - - � ADDRESS - LIEORER (ADDRESS) - - lT•L 56'1 ��i1'J/I S - REPUTED CONSTRUCTION SOUTH PASADENA. CA 91031 (CITY) (STATE) (ZIP) _ ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1,CALIFORNIA CIVIL CODE) I, SUE HARRIS declare that I served copies of the above PRELIMINARY NOTICE(check appropriate box). (a)F1 By personally delivering copies to at (name(s)and title(s)of person served) (address on 20 , at .m. (date) (trme (b)XBy First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the address shown above on APRIL 9 20 Oi I declare under penalty of perjury that the foregoing is true and Signed at LOS ALAMITOS California,on 20$� . (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) i SIGNATURE 01'PERSONTMAKING SERVICE REDIFOftr7, 4P449 POLY PAK(5-0 SETS) -OWNER COPY 2100 02161 Nall- �F'1.1V17 ` Dated: 04/06/01 CA58872 Tr- 65010 Cr-' `j 4' 7114 7389 6621 0034 2516 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor 1 -You are hereby notified that Reputed Owner GA PAPAIOANU TRUCKING INC CITY OF HUNTINGTON BEACH 7430 LIBERTY AVE 200 MAIN ST 2ND FL CORONA CA 92881- 4533 HUNTINGTON BEACH CA 92648 2-Has furnished or will furnish labor, services,equipment, or materials of the following general description: TRUCKING Reputed Construction Lender or Lessee CO# BEACH BLVD MEDIAN IMPROV 3-An estimate of the total price of the BOND#BOLTON &COMPANY labor,services,equipment,or materials furnished or to be furnished is: 1100 EL CENTRO ST SOUTH PASADENA CA 91031 $6,000.00 4-The building,structure or other work of Reputed General Contractor improvement is located at: TERRA-CAL CONSTRUCTION INC BEACH BLVD MEDIAN IMPROV 14530 JOANBRIDGE ST BEACH BLVD VICINITY BALDWIN PARK CA 91706 OF GARFIELD BEACH BLVD BET TALBERT& MAIN HUNTINGTON BEACH CA UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER TERRA-CAL CONSTRUCTION INC 14530 JOANBRIDGE ST IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, BALDWIN PARK CA 91706 SERVICES, EQUIPMENT,OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHIANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY 7-Jobsite is Federal-Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed ` O Authorized Agent Construction Notice Services,Inc. 1-500-366-5660 CITY � � � � OF HUNTINGTON BEA MEETING DATE: February5, 2001 DEPARTMENT BER: PW0�012 os Council/Agency Meeting Held: 62— Deferred/Continued to: proved ❑ Conditio Ily Approved ❑ Denied P- y I rk's Signature Council Meeting Date: February 5, 2001 Department ID Number: PW01-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI ER� / SUBMITTED BY: RAY SILVER, City Administrator® IP� REPARED BY: ROBERT F. BEARDSLEY, Director of Publi SUBJECT: AUTHORIZE THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE BEACH BOULEVARD MEDIAN IMPROVEMENTS; CC-1143 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City award the construction contract to the lowest monetary and responsible bid from the list of bidders who submitted sealed bids on December 19, 2000 for the Beach Boulevard Median Improvements, CC-1143? Funding Source: Federal Transportation Enhancement Activities (TEA) Grant approved for FY 00/01, $430,000 in account 8900003.82300 (Beach Boulevard Median Landscape Project). Matching funds of$430,000 are budgeted in 21390013.82300, Measure M, Beach Boulevard Median Landscape Project . Additional funding of$96,580 is available in Park, Tree and Landscape Program, with budgeted landscape contract services(10085621.69365) and salary savings (10085601.51110). Total project construction costs $956,000. Recommended Action: 1. Accept the lowest bid submitted by Terra-Cal Construction, Inc. for the construction of the Beach Boulevard Median Improvements, CC-1143 and determine that the bid is responsible/responsive. 2. Approve and authorize the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and Terra-Cal Construction, Inc. in the amount of $859,800 for the construction of the Beach Boulevard Median Improvements, CC-1143. 3. Authorize the Director of Public Works to expend up to $956,000, which includes the contract cost of $859,800, estimated contingency of $85,980 and $10,220 in undesignated supplemental expenditures. I/y 01-012 feb 5 charlonne(Award 1143) .2- 1/25/01 4:26 PM REQUEST FOR COUNCIL ACTION MEETING DATE: February 5, 2001 DEPARTMENT ID NUMBER: AUTHORIZE THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE BEACH BOULEVARD MEDIAN IMPROVEMENTS; CC-1143 Alternative Action(s): 1. Deny award of the contract to Terra-Cal Construction., Inc. and select another responsive/responsible bidder. 2. Reject all five bids and direct staff as to how to proceed. Analysis: On August 4, 2000, City Council authorized the Director of Public Works to solicit bids for the construction of the Beach Boulevard Median Improvements, CC-1143. On December 19, 2000, bids were received and publicly opened by the City Clerk. The construction cost estimate for the project was $774,000. A total of four bids were received and are summarized below, by order of least dollar amount: Contractor Base Bid Additive Alternative Total Bid 1. Terra-Cal Construction Inc. $772,000 $87,800 $859,800 2. Los Angeles Engineering $792,000 $115,000 $907,000 3. Pima Corporation $866,470 $129,000 $995,470 4. Zondros, Inc. $1,056,650 $136,522 $1,193,172 Public Works and Community Services Commission Review : The Public Works and Community Services Commissions have reviewed and recommended approval of the project. The Public Works Commission approved the project on January 17, 2001 by a vote of 5-0-2 (Commissioners Gartland and Johnson were absent). Maintenance Impact Statement: Annual maintenance costs for the median landscaping will increase by approximately $46,500. Additional funding will be requested in FY 2001/03 budgets. Environmental Status : This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): City Clerk's . . - Number No. Description RCA Author: Charlonne:jm 01-012 feb 5 charlonne(Award 1143) -3- 1/26/01 10:30 AM RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE BEACH BOULEVARD MEDIAN IMPROVEMENTS; CC-1143 COUNCIL MEETING DATE: February 5, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS .... REVIEWED RETURNED FORWARDED Administrative Staff d — ( I/ ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM . �---a— (BelowOnly) RCA Author: Charlonne:jm TERRA-CAL CONSTRUCTION, INC. IN i SITE DEVELOPMENT . LANDSCAPE TRANSMITAL DATE: February 9, 2001 TO: City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 ATTN Eric R. Charlonne RE: Beach Blvd Median Improvements WE ARE SENDING YOU: 1. One signed contract. 2. Payment, performance&maintenance bonds. 3. Insurance certificates. REMARKS: Sincerely: TERRA-CAL CONSTRUCTION, INC. Daniel Santillan Production Coordinator CITY OF HUNTINGTON BEACH Res No.ary_(_p REQUEST FOR LEGAL SERVICES Assn To l Gail Hutton, City Attorney Date a o Date: Re ma y: Telephone: Department: 2115/01 David Ver ne 8471 Public Works INSTRUCTIONS: File request in e ity Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all me City Council. Agenda Deadline Council Meeting 2/23/01 V—iig��nature of Department Head COMMENTS: Routing: Please review and approve "As to Form" the following contract documents furnished by Terra Cal Cnstruction GCH ❑ Inc. contractor for the Beach Blvd. Median Improvement Project: CC 1143. PDA ❑ X13. ❑. 1. Payment Bond#8082667 SL ❑ 2. Performance Bond#8082667 WSA ❑ 3. Maintenance Bond #8082667M ADL 4. Certificate of Insurance SF 5. Agreement-for signature only(with attachment A) JM ❑ I ❑ ` REFERENCE R.L.S. #2001-0028 ❑ El This Request for Legal Services has been assigned to attorney , extension His/her secretary is , extension .Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorney's Office use only. 1 COPIES TO: Front Desk Engineer City Clerk LANDSCAPE MEDIAN IMPROVEMENTS ADAMS AVE TO STARK BID DATE: DEC. 19, @2:OOPM (Engineer's Estimate: $774,000.00) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Bali Construction, Inc. $ 2. Beador Construction Co, Inc. $ 3. Belaire-West Landscape $ 4. Carlson's Landscaping $ 5. Chrisp Company $ 6. C. J. Construction $ 7. EMAE $ 8. E. V. Construction $ 9. Excel Paving Company $ 10. Griffith Company $ 11. Los Angeles Engineering, Inc h $ '� Z a00 /J I b 12. Nobest Inc. $ 13. Pima Corporation $ 14. Pacific Parks Landscape $ 15. Quick Landscape Const. $ 16. R. Hilliard (Penninsula $ Landscape) G\B[D LIST 1 17. Rivera Irrigation, Inc. $ 18. Roberts Construction $ 19. S. Parker Engineering $ 20. Spectrum Landscape $ 21. Terra-Cal Construction, Inc. 22. Valley Crest 23. W. A. Rasic Construction $ qO 1 , V G\BID LIST i'111l No bid shall be con- NOTICE_INVITING sidered . unless-, is SEALED BIDS _ " prepared..on the ap- for the, proved Proposal forms LANDSCAPE I in conformance with the MEDIAN I Instructions to Bidders. The.bid must be ac- IMPROVEMENTS companied.by a certified PROOF OF PUBLICATION ON BEACH check; cashier's check, BOULEVARD- or bidder's bond made (CC-1143) 1 payable to theamoun AGE no NCY STPLER - 5 CITY OF (129) t than 10% of the amount STATE OF CALIFORNIA) ess °F HUNTINGTON: BEACH bid. The successful bid- PUBLIC-NOTICE IS — ` HEREBY -GIVEN .that der-shall be licensed in J the CITY OF HUNT- accordance with INGTON BEACH, as provisions of the busi- County of Orange , AGENCY, invites'-sealed ness and _professions bids for the above stated 'Code and shall possess project and will receive a State Contractor's such bids in the office of License Class_ at the. the City Clerk, Second time of the bid opening.. I am a Citizen of the United States and a Floor, 2000 Main Street, The successful Contrac- Huntington Beach, Cali- for and his subcon- fomia 92648, up to the tractors will be required resident of the County aforesaid; I am hour of 2:00 PM on De- to possess business cember 19, 2000. Bids licenses from the over the age of eighteen years, and not a will be publicly opened in AGENCY. the Council Chambers A mandatory pre-bid party to or interested in the below unless otherwise posted meeting will be held on Copies of the Plans, Wednesday, December entitled matter. I am a principal clerk of Specifications, and con- 13, 2000 at 8:30 am in tract documents will be City Hall Room 13-7, City the HUNTINGTON BEACH INDEPENDENT a available October 10, of Huntington Basch , 2000 from the Office of (2000 Main Street), for newspaper of general circulation, printed the Director Public the purpose reviewing b Works, 20000 •Main bid documentsis and bid- Street, Huntington der questions,as well as and pu lished in the City of Huntington Beach, CA 92648; upon visiting the sites.. - Beach, County of Orange, State of payment nonrefundable ble the $fe e f e if amendeda nt Public Corr - .picked up, or payment of .tract Code Section 3400, California, and that attached Notice is a a $75.00 nonreffundable Contractors are now re- fee if.mailed. quired to submit all true and complete copy as was printed Any Contract entered substitution requests for into pursuant to this no- equal materials or sys- tice will incorporate the tems prior to award of and published in the Huntington Beach provisions of the State the contract during a"pe- Labor Code, Pursuant to.,riod.specified in the bid and Fountain Valley issues of said the provisions the State'documents. No substitu- Labor Code of the State'..tion requests will be con newspaper to wit the issue(s) of: of California, the min- sidered after award of imum prevailing rate of. the contract. j per diem.wages for each. -..project . Description: craft, classification or The work generally in- type.of workman needed cludes. directional September 28 , 2000 to execute the contract_]horizontal boring, shall be .those- de- stamped colored_con- termined by the Directort'crete, landscape irriga- 0etober 5, 2000 of Industrial Relations of;tion, landscape planting, the State of California, and twelve (112)• months October 12 , 2000 which are on file at the of continuing main- Office of the Director of tenance. Project. in- Public Works, 2000 volves traffic control Main Street, Huntington some lane closures, pot Beach, CA 92648. holing, water meter- in- The AGENCY will de- stallation,.soil. removal/ I declare, under penalty of perjury, that ;duct a 100/6 retention for replacement and- rub- all proggress payments. berized asphalt. The the foregoing is true and correct. The Contractor- may project schedule is 95 substitute an escrow calendar days.. The holder• surety of equal Architects estimate of value to the retention it the work included in the accordance with the•contract is $774,000.00. Executed on 2000 provisions o thet Ooior. The AGENCY re- Oetober 12 serves the.right to reject Section 4590.The Con" any or.all bids, to waive at Costa Mesa, California. tractor shall.be benefi" any irregularity and to cial owner of.the surety take all bids under and shall receive any in" advisement for a terest thereon. maximum period of 60 The AGENCY hereby days. affirmatively ensure; BY 'ORDER of the that minority business CITY COUNCIL of.the enterprises will be at CITY OF HUNTINGTON forded full opportunity tc BEACH, _CALIFORNIA, submit bids in respons the 21st day. of August to this notice and will no 2000. be discriminated agains Attest: on the basis of race /St Connie•Brockway color, national origin CITY CLERK' OF THE Signature ancestry, sex, or religior CITY OF HUNTINGTON in any consideratiot BEACH leading to the.award Published' Huntington contract. Beach-Fountaid Valley Independent September 28,.October 5, 12, 2000 094-015 Io- 12�a' NOTICE INVITING SEALED BIDS for the LANDSCAPE MEDIAN IMPROVEMENTS ON BEACH BOULEVARD (CC-1143) STPLER — 5181 (129) CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HERBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on December 19, 2000. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available October 10, 2000 from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of the $50.00 nonrefundable fee if picked up, or payment of a $75.00 nonrefundable fee if mailed. Any Contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code, Pursuant to the provisions the State Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention for all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the business and professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre-bid meeting will be held on Wednesday, December 13, 2000 at 8:30 am in City Hall Room B-7, City of Huntington Beach (2000 Main Street), for the purpose of reviewing bid documents and bidder questions, as well as visiting the sites. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The work generally includes directional horizontal boring, stamped colored concrete, landscape irrigation, landscape planting, and twelve (12) months of continuing maintenance. Project involves traffic control some lane closures, pot holing, water meter installation, soil removal/replacement and rubberized asphalt. The project schedule is 95 calendar days. The Architects estimate of the work included in the contract is $774,000.00. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 21" day of August 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOP?VIENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: February 27, 2001 TO: Terra-Cal Construction, Inc. ATTENTION: Gregg Strumpf, Pres. Name 14530 Joanbridge St. DEPARTMENT: Street Baldwin Park, CA 91706 REGARDING: Construction Contract City,State,Zip cc no. 1143 - Beach Blvd. Median See Attached Action Agenda Item E-9 Date of Approval 02-05-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds X Insurance X RCA Deed Other CC: E. Charlonne DPW X X X bonds Name Department RCA Agreement Insurance Other D. Verone DPW X X X bonds Name Department RCA Agreement Insurance Other S. Freidenrich City Treas. X ' bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza X X X Risk Management Dept. Insurance (Telephone: 714-536-5227) __ FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TERRA-CAL CONSTRUCTION, INC. FOR BEACH BOULEVARD MEDIAN IMPROVEMENTS (CC NO. 1143) THIS AGREEMENT is made and entered into on this 5th day of February , 2001, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and TERRA- CAL CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Beach Boulevard median improvements (CC No. 1143) in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 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 1 01 agree/terra-cal/1/19/01 I shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 2000 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; 2 01 agree/terra-cal/I/19/01 D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Eight Hundred Fifty Nine Thousand Eight Hundred Dollars ($859,800.00) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ninety-five (95) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 01 agree/terra-cal/1/19/01 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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 4 01 agree/terra-ca I/1/19/01 to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural 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 5 01 agree/terra-cal/1/19/01 items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than 6 01 agree/terra-cal/1/19/01 1 eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and 7 01 agree/terra-cal/1/19/01 those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 8 01 agree/ten-a-cal/1/19/01 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 commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 9 01 agree/terra-cal/1/19/01 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such 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. 21. 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 10 01 agree/terra-cal/1/19/01 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. 22. 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. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 11 01 agree/terra-cal/1/19/01 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. 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 times, 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. 25. 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. 26. 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 expense. CITY shall be 12 01 agree/terra-cal/1/19/01 reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less 13 01 agree/terra-cal/1/19/01 than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject-to approval of the City Attorney evidencing.the . foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14 01 agree/terra-cal/I/19/01 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. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. 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. 15 01 agree/terra-cal/I/19/01 33. 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. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said obligation shall be provided for in the labor and 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. 35. 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. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 01 agree/terra-cal/1/19/01 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 01 agree/terra-cal/1/19/01 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 18 01 agree/terra-cal/1 i 19/01 CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 19 01 agree/tetra-cal/1/19/01 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 01 agree/terra-cal/1/19/01 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. TERRA-CAL CONST UCTION, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By. Greg tr f, ldent �� Mayor By: ATTEST: Stevrzyna, CFO e e City Clerk 02.-2-7-41 AS TO FORM: REVIEWED AND APPROVED: Qo-•� .c��-�, D �p� C,_ I tt aney City Administrator /' A D AND APP OVED: Director of Public Works 21 0 1 agreeherra-cal/1/19/01 SECTION C PROPOSAL for the BEACH BLVD NIEDUN IMPROVEMENTS from ADAMS VENUE TO STARK AVENUE CASH CONTRACT No. 1143 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNG-MGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 95 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture'to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 X ��IT If awarded the Contract, th, ,ndersiped agrees that in the event un the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BID BOND in the amount of$ 107 CF TOTAL BEWhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si n 1 12/12/00 C-2 F-TERRA-CAL CONSTRUCTION, INC. 14530 JOANBRIDGE STREET ' BALDWIN PARK,CA 91706 (626)960-3694 -FAX(626)338-9089 LANDSCAPE' ENGINEERING' BUILDING CA License No.428093 A, B. C-27 AZ License No. 106493-A During the regular meeting of the Board of Directors of Terra-Cal Construction, Inc., held December 15, 1982, the following resolution was adopted and incorporated into the by-laws of Terra-Cal Construction, Inc.: RESOLVED, Amado Deleon, Secretary/Treasurer of Terra-Cal Construction, Inc., is vested full authority to sign any and all contractual documents for the corporation, therefore, has the full authority to obligate the Corporation in all financial and contractual matters. Dated: December 15, 1982 I do hereby certify that I am the duly elected, qualified and acting secretary of the above named corporation, that the above resolution was adopted as the by-laws of the said corporation on the date set forth. Amado De on, Secretary/Treasurer BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT BID SCHEDULE CC No. 1143 STPLER-51S1 (129) C-3 PROJECT BID SCHEDULE Item Estimated Extended No, Quantity Item with unit price written in words Unit Price Amount 1 Construct Landscape Medians (Medians D) Adams to Yorktown 1a 1 Construct Landscape Median (Median D1) Lump Sum @ LSF, ,x Z�F� �--\VQ, nv�ndDollars $ 5q,SOC) $ Soo (�O Cents Per L.S. 1 b 1 _ Construct Landscape Median (Median D2) Lump Sum 9me_4noos . SVC �u c�T� • Dollars $ 600 N o Cents Per L.S. 1c 1 Construct Landscape Median (Median D3) Lump Sum @ 517C�4 WS. rem �t Lt-r)L',Dollars $ $ Iy O Cents Per L.S. 1d 1 Construct Landscape Median (Median D4) Lump Sum @ -'oc-A2:1 V:-onr Dollars $ cJ o Cents Per L.S. C-3-1 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount 2 Construct Landscape Medians (Medians E) Yorktown to Garfield 2a 1 Construct Landscape Median (Median E1) Lump Sum @ r L`l�cie� �5- ��'' �"� Dollars $ 4 I 00 $ 4914 Cents Per L.S. 2b 1 Construct Landscape Median (Median E2) Lump Sum @ c ne—46US. 'n)0-p— Dollars $ S l 1900 $ S1 9 Cents Per L.S. 2c 1 Construct Landscape Median (Median E3) Lump Sum @ S1_� ,r,— puS� Jo � �. Dollars $ No Cents Per L.S. 3 Construct Landscape Medians (Medians F) Garfield to Ellis 3a 1 Construct Landscape Median (Median F1) Lump Sum @ C�)� Q^Ae-- Dollars $ Wo $ ` c6o �a Cents Per L.S. C-3-2 PROJECT BID SCHEDULE Item Estimated Extended No. Quantity Item with unit price written in words Unit Price Amount 3b 1 Construct Landscape Median (Median 172) Lump Sum @ �Sozn,��'S-"R. Dollars $ Sr) Cc) S 5r) i L00 `fl a Cents Per L.S. 3c 1 Construct Landscape Median (Median F3) Lump Sum @ r FLye,4oL)S . S�K �u NJ. Dollars $ SLD Cents Per L.S. 3d 1 Construct Landscape Median (Median F4) Lump Sum �lbyS a—,,,cQ Dollars $ $ Cents Per L.S. 4 Construct Landscape Medians (Medians G) Ellis to Talbert 4a 1 Construct Landscape Median (Median G1) Lump Sum @ S Dollars $ $ �O Cents Per L.S. 4b 1 Construct Landscape Median (Median G2) \-,U �s Lump Sum @ aj.� -�o�l nl P Ic � Dollars $ $ g� �f1n Cents Per L.S. TOTAL IN FIGURES: $ 2 O TOTAL IN WORDS: $ �—w ra . Se E:2 41O- C-3-3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount ADDITIVE BID ITEM(S) A Construct Landscape Median (Median H) Newman to Speer Lump Sum -4bL)S. �ucJ,Dollars $ -1 320 $ 2-1 ( 3cc 7-)D Cents Per L.S. B 1 Construct Landscape Median (Median K) MacDonald to Stark \ Lump Sum @�' L�,P�J- T F\�2��lurj Dollars S lr�0 Cents Per L.S. ADDITIVE A SUBTOTAL IN FIGURES: ADDITIVE A SUBTOTAL IN WORDS: $ S erg J ADDITIVE B SUBTOTAL IN FIGURES: $ CJ� ADDITIVE B SUBTOTAL IN WORDS: $ ADDITIVE A & B TOTAL IN FIGURES: $ O� ADDITIVE A & B TOTAL IN WORDS: $ c� C-3-4 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 'TERRA-CAL 0 STRtM0N INC Bidder Name 14530 JOAN&2IDGE SI'. Business Address BALLWIN PARK, CA 91706 City, State Zip 960-3694 Telephone Number 428093 A, B, C-27 State Contractor's License No. and Class 9/30/82 Original Date Issued 9/30/02 Expiration Date The work site was inspected by of our office on, 2000. The following are persons, firms, and corporations having a principal interest in this proposal: TMRA-CAL OJIS'IR=ON,INC. GM; SIRiM T, PRESIDENT WE-IJ M L. TitLER, SENIOR V.P. AMADO DE LIDN, SIIOtETARY/'TREASURER C-10 The undersigned is prepare, satisfy the Council of the City of HL—ington Beach of its abilit)�' financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 'III2RA-CAL USTR=0N,INC. Company N e Sign e of Bidder AMAM DE LIDN, S=ARYn EASURER Printed or Typed Signature Subscribed and sworn to before me this 19TPday of, DEMvM 2000. \ i Los mc;,.1;;�runty > NOTARY PUBLIC. ��" ,1� ,�°' •,Cam% m.F r A�I C,�3 . MC);'ARTHY -NOTARY FtRIC N Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: s Name and Address of Public Agency Name and Telephone No. of Projec4 t Mana er: , L 1c L6 l 'l 1r �tkkq'\'J 1 Contract Amo t Type of Work Date Completed 2. CLA(1 Name an Address of Public Agency Name and Telephone No. of Project Manager:�� f'l � ine�axt CCL)AS ' 9ce Contracl Amount Type of Work Date Completed 3. 0 L-k-4- n JE (5�CL'� (*n I W---, Name anA Address of Public Agency Name and Telephone No. of Project Manager: I` a I 1 Q Tno.X' u 4 - 5 DOd �A 4 Contract Amount Type of Work Date Completed C-11 • Refer to Appendix I, FEDERAL LABOR STANDARDS PROVISIONS. Delete the Federal Labor Rates from Appendix I and insert the attached Federal Labor Rates (22 pages). • Mandatory pre-bid meeting. Wednesday December 13, 2000 in Room B-6 @ 8:00 AM @ the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA. NOTE: Room B-6 is on the lower level of City Hall. • Rubberized asphalt mentioned in the project description will not be required for small pothole repair. The street surface of Beach Blvd. is however rubberized asphalt. • The plant establishment period (60 days) is not a part of the 95 calendar day project schedule. • The estimated start date has been modified to February 2001, and the estimated completion date has been modified to July 2001 . • Soil Preparation -- Delete paragraph P4 on Sheet N 1 and the list of materials in the specifications, page 36, section 308-2.3.2. For bid purposes utilize the following per 1000 square fleet of planting area: 6 cu. yds nitrogen stabilized organic amendment 15 Ib's.'commercial fertilizer 16-6-8 200 Ibs agricultural gypsum 10 Ibs soil sulfur Uniformly roto-tlll the above into the top six inches of planting area All bidders shall acknowledge receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate for this project. Charles L. Davis RLA 1452 Landscape Architect Bidder Acknowledgement: UM-CAL M1STR MGN,INC. 12/12/00 Company Name By pip DE LMN, S=ARy/TMkgMDate Addendum 1, CC-1143, December 8, 2000, page 2 of Bond No. BBSU— Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21:03 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we. Terra-Cal Constrcior. �x> ----------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------ Principal. (hereinafter called the "Principal"), and, of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227. Baltimore, Maryland 21203. a corpora- tion duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto------_ CitY_of Huntington Beach --------------------------------------------------------------------------------------------as Obligee. (hereinafter called the "Obligee"), in the sum of___ten__percent the amount bid__in_______________—_____________________Dollars (5_a.Q ***t--i**), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for---Beach Blvd Median -Improvements from Adams Ave to Stark Ave NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for whicrh the Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this_________—_19th ------------------day of----December _ --------------------A.D.,X#tU 00 Terra-C 1 Constru��,io_t IACI._--- (SEAL ) ------------------ -------------- v ° - P pal ---------------------Witness -------------------Witness ------ - --- ------------------------------------ ----------------- DaMN, V.P. OF FINANCE Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By --------- (SEAL) Witness w JO I . H - ER Title Cazse-sM,5-91 273979 Attorney-In-Fact Conforms to America" Institute of Architects Document A-710. February 1970 Edition. CALIFORNIA ALL-PURPvSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On K2-- Ict- 0o before me, GERRY L. MCCARTHY - NOTARY PUBLIN Date Name andTitle of Officer(e.g..-Jane Doe,Notary Public') personally appeared ARIA-X-DE LEON Name(s)of Signer(s) LN'personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/�rk subscribed to the within instrument and acknowledged to me that he/sWtl`1h executed the same in his/W/He(r authorized capacity(ies), and that by his/Vijd/t�(r signature(s) on the instrument the person(s), GE2RYLMCCARTNY or the entity upon behalf of which the person(s) acted, _ + Commission# 121-- 1 Z executed the instrument. Notory Public-Califomla �i ! ^. ieles County WITNESS y hand and ocial seal. Signature of q0tary Public OP O AL Though the information below is not required by law, it may pro valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: •❑ Individual ❑ Individual ED Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator `- ❑ Guardian or Conservator ❑ Other: Top of thumb here f,] Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•SM Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free I.800.875-8827 CALIFORNIA ALL-PURP%-jE ACKNOWLEDGMENT e State of Cal i f o rn i s County of Los Angeles On December 19, 2000 before me, Pi l ar M. Landeta, Notary Public Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public-) personally appeared John D. Hunsinger Name(s)of Signer(s) 2 personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the personM whose name(.s4 is/2cxKsubscribed to the within instrument and acknowledged to me that he/stKaltaWexecuted the same in his/bw)tke x authorized capacity(lIe# and that by PILAR M, his/loec%xaixsignatureM on the instrument the person s§, r" LANDETA or the entity upon behalf of which the person(s) acted, d a: COMM. #1159393 I executed the instrument. 'NOTARY PU8LtC•CALIFORNIA r LOS ANOELES COUNTY MY COMM.Expires Oct.24.200, WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual • ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact CI Trustee ❑ Trustee VitiN MIA, ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-e00-878-8827 x Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C. M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint John D. Hunsinger of South Pasadena, California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,�. . . . . . . . . . .. . . . . . . . . . . . . . . . . Its true and lawtu agent and Attorney-in-Fact, to make, execute, sj, deliver, ° on its behalf as surety, and as its act and deed: any and all bonds and undertakings . . . . . . . . . . , , , , , , , , , , , , , , , , , , , , ti n e execution of such bonds or undertakings in purs f these p shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been d cuted and wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper ° This r of attorney revokes that issued on behalf of John D. Hunsinger, dat44 ovembe,� 19.91. The said Assistant Secretary does hereby certi a extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is ad force. IN WITNESS WHEREOF, the said Vice- _nt and 4t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN)�POSIT CO .° OF MARYLAND, this______8th__---- -- day of --------Au�us t---------, A.D. 19 9 �, = N FIDEAND D LITCOMPANY OF MARYLAND ATTEST: Zo SEAL BY Assfs� , Lary Vice-Presi4ent STATE OF MARYLAND COUNTY OF BALTIMORE I ss: On this 8th day of—J August A.D. 19-95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first abovew�. e —CAROL J. FADER NotaryPublic My Commission Expires ' August 1. 1996 CERTIFICATE I, the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _19th day of___Dg relutzex. 2 0 Q.Q. Assistant Secretary Lt<zsc -012-8570 IST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number r r-e By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 _ JNCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 94AD0 DEM , being first duly sworn, deposes and says that he or she is V.P. OF FD ANCF of TEZRA-CAL (U1,j'IR=0N,INC. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository; or to any member or agent thereof to effectuate a collusive or sham bid. TFRRAA-AL ODN3'IlZUCIT0N NC. Name of Bidder Signature of Bidder 9400 DEMN, V.P. CF FDMM 14530 JC)kgPIDCiE ST. M DATjN PARK, CA 91706 Address of Bidder Subscribed and sworn to before me this 19TH day of, DDM,,M 2000. GERRY L A CARTF{Y r' Cornmissio� 1213028 NcLtcry Pub iic-Cafi!ornia e s An gs1EII Cou�1y NOTARY PUBLIC Aar 10,2D03 r Y -NOrARY PUBLIC NOTARY SEAT C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTLNGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD MEDUN IMPROVEMENTS from ADAMS AVEN *E TO START: AVENL.E, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the ha=ards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. TF M-QL M'1R=0NjNC. Contractor By MZM DELMN, SECRETARY/TREASURER Title Date: 12/19/00 C-6 DIS _ JALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local goverment project because of a violation of law or a safety regulation? ❑ Yes 61 No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMP_ iSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. TMA-'AL 00IS71=0N,INC. Contractor By "M DE LBDN, S=ARY/U ARTS Title Date: 12/19/00 C-8 ACOR TE- CERTIFICATE OF LIABILITY INSURANCkIRRA-4 02/0 02/0D GO DADDIW) 8/O1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bolton & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0008309 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 6030 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91102-6030 Phone: 626-799-7000 Fax: 626-441-3233 INSURERS AFFORDING COVERAGE I INSURED 4 `) y ` _•�`' INSURER A: RLI Insurance Company ]ll I�` INSURER B: Royal Insurance Company �� N 6' INSURER C: Golden Eagle Insurance Corp.Terra-Cal Construction Inc. 14530 Joanbridge Street -fG ,�� j INSURERD: State Compensation Ins. Fund Baldwin Park CA 91706 W" INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMIDD/YY DATE MMIDD/YY GENERAL LIABILITY EACH OCCURRENCE I $ 1,000,000 A i X COMMERCIAL GENERALLIABILITY1 CGL0010972 11/01/00 11/01/01 FIRE DAMAGE(Anyone fire) $50f000 CLAIMS MADE OCCUR MED EXP(Any one person) $5,000 Fx='No deductible PERSONAL&ADV INJURY 1 $ 1,000,000 GENERAL AGGREGATE s2,000,000 �GEWL AGGREGATE LIMIT APPLIES PERT PRODUCTS-COMP/OP AGG . $ 1,000,000 POLICY[ PE°T LOC I - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 C X ANY AUTO CCP68414702 09/30/00 09/30/01 (Ea accident) ALL OWNED AUTOS I _ BODILY INJURY SCHEDULED AUTOS (Per person) $ n r, TO FORIU ' HIRED AUTOS A_��`' • �T BODILY INJURY $ NON-OWNED AUTOS , '+ (Per accident) G:= - r— G.! PROPERTY DAMAGE $ (Per accident) i GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ D City AIttC11'�1�14; -ANY AUTO OTHER THAN EA ACC $ �1 AUTO ONLY: AGG $ j EXCESS LIABILITY EACH OCCURRENCE $ 11,000,000 B iXJ OCCUR �� CLAIMS MADE PHN204688 11/01/00 11/01/01 IAGGREGATE Is 11,000,000 I $ DEDUCTIBLE $ RETENTION $ 10,000 1 $ WORKERS COMPENSATION AND X`TORY LIMITS ER D EMPLOYERS'LIABILITY 160239700 10/01/00 10/01/01 iE.L.EACH ACCIDENT - $ 1,000,000 I E.L..DISEASE-EA EMPLOYEE$ 1,000,000 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Additional insured per CGL216 4/98 as respects General Liability and GECA700 10/98 as respects Automobile Liability.Waiver of Subrogation as respects Workers Compensation will follow separately. Job:Beach Blvd. Median Improvements, Job #1143. *10 day notice for non-payment. @ CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION HUNTIN1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL EMBEAV9144"AIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main Street P 0 Box 190 Huntington Beach CA 92648 Donna Ratliff ACORD 25-S(7/97) ©ACORD COFfORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holderin lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) HUNTIN1 POLICY NUMBER: CGL0010972 INSURED: TERRA-CAL CONSTRUCTION, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form C] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers and employees (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non-contributory. Section IV., Condition 4.,of this policy is amended accordingly. All other Terms and Conditions of this Policy remain unchanged. CGL-216(04/98) Page 1 of 1 � iI , A STOCK COMPANY — ESTABLISHED 1e90 'I I C . I HOME OFFICE Of MARYLAND BALTIMORE I BOND NO.: 8082667 Premium is for the Contract term Faithful Performance Bond and is subject to adjustment based Public Work on final Contract price. (The premiu chaarged onn this bond is 6,719.00__ ___ being at 0 00 x 100,000, B t)xiou the rate of$-:7-. _gg�-gp�—pq t 42 9 the contract price) i i KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS,the_ City of Huntington Beach ---- ------— ——---—------- — — ------------ State of California, entered into a contract — ----19--------- with Terra-Cal Construction, Inc. --_ _hereinafter designated as the "Principal," for the work described as follows: Beach Boulevard Median Improvements (CC_No._1143) - — i --- -- - - --- ------- --- - - -- ---- - - - - and WHEREAS,the said Principal is required under the terms of said contract to furnish a bond for the faithful `• performance of said contract. 1 . NOW,THEREFORE,We,the Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation IlkI orgainzed and existing under the laws of the State of Maryland,and duly authorized to transact business under 4; the laws of the State of California, as Surety, are held and firmly bound unto-------—----- ------- IE` City of Huntington Beach EIGHT HUNDRED FIFTY NINE THOUSAND EIGHT HUNDRED 00/100***************** Dollars ($859�8Q9_00*******) to the penal sum of__—_—_ -UNDR— -----------__-- I lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF TIIIS ORI.ICATION IS SUCH, That, if the above bounden Principal, his or ils heirs, ex- ecutors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and agreements in the said contract and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the--- City of Huntington Beach � I -- -------- =- ---- ---- --- ----------------------------- ---------- ' its officers and agents, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. ! And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,altera- tion or addition to the terms of the contract or to the work to be performed thereunder or the specifications accom- panying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. I i IN WITNESS WHEREOF, We have hereunto set our hands and seals this_------51h day of February i Terra-Cal Construction, Inc. i ---—------------------------------------------ ------------------------------ APPR^PLC� ra FORD• r 'i J? �`�'! '.-•°), (;i Ly A-LtorI oy / Principal F; ry L'I Cl' AtLcVnb�y, l N'IDELITY AND DEPOSIT COMPANY OF MARYLAND By-------- - - - - ------------------------- JOHN D. HUNSINGER Attorney-in-Fact is C31731CA1—IM.II4W 22oA57 I i � � I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of LOS ANGELES On 2�7- / -� before me, GERRY L. MCCARTHY -NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared GREGG STRUMPF NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/fart)' subscribed to the within instrument and ac- knowledged to me that he/s' 090 At) /executed the same in his1hI6i',/Yh OlV authorized capacity(ies), and that by his/oje/t/Mpp V cLER2Y I_me Y signature(s) on the instrument theperson(s), Comnls.;ion# 12130 1213028 No,'aryPublic-California or the entity upon behalf of which the IasAr'gciesCouniy person(s) acted, executed the instrument. W comm.Bpkes Apr 10,2003 WITNESS my hand Oa official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 5, 2001 before me, Pi 1 ar M. Landeta , Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared John D. Hunsinger Name(s)of Signer(s) L3 personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person whose name( is/a m(subscribed to the within instrument and acknowledged to me that he/gbtatWexecuted the same in his/iowAh@tix authorized capacity(bexX and that by his/Wx&AKsignature�,4 on the instrument the persori�*, or the entity upon behalf of which the person(u) acted, ":.•i:= PILAR M. LANDETA executed the instrument. comm. #1159393 I NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY � WITNESS my hand and official seal. %Jy Comm.Expires Oct.24-2!01 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited [] General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here Ef Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF M.ARYLAND, a corporation of the State of Maryland,by C.M. PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint John D. Huns inger of South Pasadena, California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s true and iawfulagent and Attorney-in-Fact, to make, execute, s deliver, ° on its behalf as surety, and as its act and deed: any and all bonds and undertakings . . . . . . , , . , ., , , , , , , , , , , , , , , , , , , , , ti n e execution of such bonds or undertakings in purl f these p shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been d° cured and wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper This r of attorney revokes that issued on behalf of John D. Hunsinger, da ovemb 1991. The said Assistant Secretary does hereby certi a extrac on the reverse side hereof is a true copy of Article VI,Section 2, of the By-Laws of said Company, and is force. `i IN WITNESS WHEREOF, the said Vice- nt and s t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN�POSIT CO�OF MARYLAND, this—____8th day of -- August----------- A.D. 19 9 °„'°'r FIDE AND D TT COMPANY OF MARYLAND � ATTEST: SEAL 3) ��MT�C By Assis a tary Vice-Pres' ent STATE OF MARYr.AVD COUNTY OF BALTLmoRE ss' On this_$thy—_day of_---August------------- A.D. 19.95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above/written. PUBUL CAROL J. FADER Notary Public cam' My Commission Expires ----- Augnst_1 1996---____— CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _5th day of-__—_February----—-------_ 2 Q 01 Assistant Secretary L142k —012-8570 A STOCK COMPANY — ESTABLISHED 1890 CD HOME OFFICE 0 MARYLAN D BALTIMORE Premium is for the Contract term BOND NO. : 8082667 and is subject to adjustment based Payment Bond on final Contract price. (Section 3247, Civil Code) (Premium included in faithful performance bond) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS City of H--u-n tiac t•o n..-Be a.c h--•-----•---•---•------•----•-•-•--•......-----•................... Terraa Cton_,___Inc.has awarded to......................................................... as Contractor, a contract for the work described as follows:...Beach Boulevard Median Improvements ---- . (CC NO. 1143) -•----•------------------•-----.........--------------•---------•-•----------••-•-----------......---------------••-------•-------••-----•------•---••-------•---------•-----•-•--• AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract,to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the _______•_ECYiGt�H'To•Hf HUNDRED n FIFTY BN-e aI-Nc-•Eh ---T•HO-USAND----------------------•-----•---------•---- in the amount required by law, the sum of EIGHT HUNDRED- 0Q1100********__dollars ($859,_800.00**� for I which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment 1 Insurance Act with respect to work or labor performed by any such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. f I This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a I right of action to such persons or their assigns in any suit brought upon this bond. i TT IN WITNESS WHEREOF, We have hereunto set our hands and seals this....5th day of....February------•-•-••----•-----•---AV--2001_ <i Terr - al structior, Inc. - I _ " -! -------------------•---•------------- ------ ---------•-------------•-••------•----- ------------------------------------------------------------------------------------------------ Contractor i a; FIDELITY AND DEPOSIT COMPANY OF i-1 _ _YLAND- JOH�D. GER. Attorney-in-Fact ] I'- 01771CA1-200. 12-88 224371 iFormoly CAL3I77f i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of LOS ANGELES On 1�7 e�/ before me, GERRY L. MCCARTHY -NOTARY PUBLIC DATE NAME,TITLE OF OFFICER.E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared GREGG STRUMPF NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is//orb' subscribed to the within instrument and ac- knowledged to me that he/sVOO"/executed the same in hisIhAt/MOU authorized capacity(ies), and that by his/ojer/yt; o' V GERRYLMCCAM signature(s) on the instrument the person(s), is Commission#1213028 Notary Pubi y up or the entity on behalf of which the <:�::r c-Cafifomia g LOS AngeL-sCounfy person(s) acted, executed the instrument. My C0mm.�Apr 10,XM WITNES y hand an offs al seal. � l� SIGNATURE OF NOTARY OP /ONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal ifornia County of Los Angeles On February 5, 2001 before me, Pi 1 ar M. Landeta, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") personally appeared John D. Hunsinger Name(s)of Signer(s) IN personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the personM whose name(so is/aowtsubscribed to the within instrument and acknowledged to me that he/gbcecdhWexecuted the same in his/toe Ahaixauthorized capacity(bexX and that by his/becAbIadxsignatureQ4 on the instrument the person:*, or the entity upon behalf of which the person(s) acted, ,�= .,.. ,. PiLAR M. LANDETA executed the instrument. 1r' S Z X � ;� COMM. #1159393 d="-w' 'NOTARY PUBLIC•CALWORNIA �f = LOS ANGELES COUNTY WITNESS my hand and official seal. _ :`' My Comm.Expires Oct.24,2001 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E. Individual ❑ Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—❑ Limited E. General ❑ Partner—❑ Limited ❑ General G Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ Guardian or Conservator OWHR ❑ Guardian or Conservator Other: Top of thumb here ! I Other: Tep of thumb mere I Signer Is Representing: Signer Is Representing: I 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint John D. Hunsinger of South Pasadena, California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . t s rue and lawfulagent and Attorney-in-Fact,to make,execute,s deliver, ° on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . , . . , . .. . . . . . . . . . . . . . . . . . . n e execution of such bonds or undertakings in purs f these p shall be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been d uted and wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper ° This r of attorney revokes that issued on behalf of John D. Hunsinger, da ovembe,� 1991. The said Assistant Secretary does hereby certi a extrac on the reverse side hereof is a true copy of Article VI,Section 2, of the By-Laws of said Company, and is force. � IN WITNESS WHEREOF, the said Vice- nt and s t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN2MFPOSIT CO OF MARYLAND, this—__—------ th_________—_____._.__-_—__________day of ---Aupus t-----— , A.D. 19.9 J FIDE) AND DE9WIT COMPANY OF MARYLAND ATTEST: `3 SEAL ~� BY Assisla� tart' Vice-Pres' rst STATE OF MARII,AN'D COLTYrY OF BALTrsioRE ss: On this__$th_____day of_---Augus t--_-_----__ A.D. 19_95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. TARVCF9 ----------- ------------ ----_ -------- PU3:;^ � - CA^ ROL J---. FADER / Norary Public My Commission Expires-------------------August-ls_1996_______------ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN,TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _5th _ day of------F e h r u a ry---------------------, 2001- ----------------- - l —= ------------- J Assistant Secretary• u»zsc —012-8570 Fidelityan Companyd Deposit HOME OFFICE OF MARYLAND BALTIMORE, M.D. 2.1203 BOND NO. : 8082667M Maintenance Bond KNOW ALL MEN BY THESE PRESENTS- That------- Terra-Cal Construction, Inc. - --------- ----- as Principal,and the FIDELITY AND DEPOSIT COMP_kNT OF MARYL,AND, a corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the_ City_of Huntington Beach in the sum of EIGHT_HUNDRED FIFTY NINE THOUSAND EIGHT HUNDRED 00/100********* Dollars, lawful money of the United States of America, for the payment of which Aum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this------5th-_ --__-day of__February------------w 2001 WHEREAS, on the------------------ _day of------------- -----19---- the said__Terra_Cal Construction, Inc. ------------------- --------------- as contractor, entered into a contract for the.Bach_ BQu�e_v_ard Median Improvements _(CC NO. 1143) ------------- ------- Beach Boulevard Median Improvements work required in the construction of the-___________________________.._-__--__--__-_______-_-_-____, for the sum of $_859:800_00 _ and WHEREAS, under the ternis of the specifications for said work, the said_________________________ Terra-Cal Construction, Inc. ___is required to give a bond equal to.100--_ -- - - --- per cent of the amount of the contract to protect the__ City of Huntington Beach against the result of faulty materials or workmanship for a period of----one_Year_____________________ from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said---------------- Construction__Inc._--__-_---__ shall for a period of__one_year--__-__ -from and after the date of the completion and acceptance of same by said__city_of Huntington Beach -- replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. Terra_Cal Con ction, Inc. _(SL-AL) �� -- -----------------(SEAL) FIDELITY AND DEPOSIT OMP Y O LA:' -- By---- _ =------ ---- ---------------- J HN D. HU Attorney-ins-Fact noy Attest: -------------------------- Agent C6049ccN-400.10-7e 206SO6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of LOS ANGELES .� cl/� GERRY L. MCCARTHY -NOTARY PUBLIC On before me, , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared GREGG STRUMPF NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isWlrtb subscribed to the within instrument and ac- knowledged to me that he/s't7(OA Al /executed the same in hislMAh/IIXOR authorized capacity(ies), and that by his/oje/r/pjorV signature(s) on the instrument the person(s), :..,,. GERRY L MC CAR1'HY L�, �:,- Commission# 12)30� or the entity upon behalf of which the L �::_._ NctcryPubric-carfomio person(s) acted, executed the instrument. Los Angeles county Comm.50es Apr 10,2M3 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTiTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal ifornia County of Los Angeles On February 5, 2001 before me, Pi 1 ar Id. Landeta, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared John D. Hunsinger Name(s)of Signer(s) IN personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the personM whose name(a) is/awsubscribed to the within instrument and acknowledged to me that he/xI:KaVA9Vexecuted the same in his/,faet0aixauthorized capacity(inX and that by his/hex/b xsignatureQ4' on the instrument the personZ*, -_ or the entity upon behalf of which the person(r.) acted, P1LA i M. LANDETA executed the instrument. NOTAR uauC•CALIFpRN!A WITNESS m hand and official seal. w + LOS ANGELE6 COUNTY Y My Comm.Expires Oct.24,2001 {fiy( Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual =i Individual G Corporate Officer E. Corporate Officer Title(s): Title(s): '-:1 Partner— Limited C General - Partner—El Limited General C Attorney-in-Fact G Attorney-in-Fact El Trustee Trustee E. Guardian or Conservator k:10 = Guardian or Conservator " I Other: Too of inumb hete _ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmei Ave.,P.O.Sox 7194•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-B76-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, . . . . . . . . . .constitute and appoint John D. Huns inger of South Pasadena, California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . its true and lawfulagent and Attorney-in-Fact, to make, execute, s deliver, ° on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . ./ . . . . , .� . . . . . . . . . . . . . . . . . . e execution of such bonds or undertakings in purs f the p , shall be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been d cuted and wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper ° This r of attorney revokes that issued on behalf of John D. Hunsinger, da ovembe 1991. The said Assistant Secretary does hereby certi a extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is stb force. IN WITNESS WHEREOF, the said Vice- nt and S t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN POSIT CO�OF MARYLAND, this--_�8th day of _ August — _— A.D. 19 9 � SOA FIDEZAND D ITCOMPANY OF DZARYLAND ATTEST: .4ssu� Lary By Vice-Pres' ent STATE OF 1VIARYLAND COL1'rY OF BALTmoRE SS: On this_$_h___day of____Augus t ________, A.D. 19.45, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT,JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .1 PU3JC CAROL J. FADER Notary Public My Commission CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." LN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Companv, this day of------F e h r u a ry---------------- 2 0 01. 4 ( � Assistant Secreran• -012-8570 J CITY OF HUNTINGTON BEAC MEETING DATE: 8/21/00 DEPARTMENT ID NUMBER: PW 00-070 Council/Agency Meeting Held: Deferred/Continued to: VNIroved ❑ onditionally Approved ❑ Denied P? it le 's ignature n.ouncil Meeting Date: 8/21/00 Department ID Number: PW 00-070 s CITY OF HUNTINGTON BEACH a © ._..A REQUEST FOR COUNCIL ACTION Cn = =- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM ERS-- r_ SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: ROBERT F. BEARDSLEY Director of Public Works "- SUBJECT: AUTHORIZE ADVERTISEMENT OF THE BEACH BOULEVARD MEDIAN LANDSCAPE IMPROVEMENTS, CC 1143 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Beach Boulevard Median Landscape Improvements, CC-1143 and upon approval by the Director of Public Works and authorization from the Federal Highway Administration (FHWA), the project will be ready for bid. Funding Source: No funds required for advertisement. Construction funds: Federal Transportation Enhancement Activities (TEA) Grant approved for FY 00/01, $430,000. Matching funds, Measure M, Beach Blvd Landscape Medians Project budgeted for FY 00/01, $430,000. Recommended Action: Motion to: 1. Approve plans and specifications, and authorize the Director of Public Works to request bids for the Beach Boulevard Median Landscape Improvements, CC-1143, contingent upon FHWA authorization of the project; and 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder. Alternative Action(s): Deny approval of the Beach Boulevard Median Landscape Improvements thus, foregoing the Federal Grant funding through the Transportation Enhancement Activities Program. J / I d" Analysis: On September 3, 1999, staff submitted a funding application to Orange County Transportation Authority (OCTA), requesting federal matching funds under the Transportation Enhancement Activities (TEA), Program. The TEA application designated median improvements between Adams Avenue to Talbert Avenue. Currently, staff is working in conjunction with Caltrans to obtain project authorization from the Federal Highway Administration (FHWA), per the Federal Grant Guidelines. FHWA authorization is required prior to project advertisement. We expect this authorization by month's end. The proposed project will visually enhance Beach Boulevard, a major state arterial highway and designated State Route (State Route 39) within the City of Huntington Beach. This project will consist of landscaping the median of approximately two miles along the commercial corridor of Beach Boulevard from Adams Avenue to Talbert Avenue. The proposed median enhancements will consist of the removal of existing asphalt concrete, and addition of new planting, irrigation and hardscape. The engineer's estimate for this project is: $774,000 Public Works Commission Review: This project will be presented to the Public Works Commission prior to the award of contract and is presently scheduled for the meeting of September 20, 2000. Environmental Status: These projects are Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): NumberCity Clerk's Page Description 1. Location Map 2. Sample contract RCA Author: LT: RCA to Advertise(CC-1143) Bch Blvd Lnscp Mdns -- 08/04/00 2:59 PM ATTACHMENT # 1 PROJECT: BEACH BOULEVARD MEDIAN LANDSCAPE IMPROVEMENTS (ADAMS AVENUE TO STARK AVENUE) CC No. 1143 S TPL ER 5181 (129) �� o-a s9ti 0, BOLSA AVE. Mc FADDEN AVE. vi EDINGER AVE. 8 W u HEIL I AVE. Z �oS i N m v y toWARNER AVE. c� N SLATER AVE. In 405 �+ TALKER AVE. l ELLIS AVE. GARFIELD AVE. 2 to m ORKTOWN AVE. 5� = i H y m ADAMS AVE. � N9 INDIANAPOLIS AVE. J r O N Z ATLANTA AVE. 0 zHAMILTON AVE. A BANNING A l '1- Nn� CITY OF HUNTINGTON BEACH VICINITY M A P DEPARTMENT OF PUBLIC WORKS FILE: G:\ACAD\TAITE\MASTER\PRJCT-MP ATTACHMENT #2 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BEACH BOULEVARD MEDIAN IMPROVEMENTS (CC NO. 1143) TABLE OF CONTENTS Pape No. 1. STATEMENT OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 5 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW- PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW- PENALTY 7 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 32 NON-ASSIGNABILITY 15 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION; MINORITIES,ALIENS 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND "ANTI-KICKBACK"ACT 18 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18 43. CLEAN AIR ACT AND FEDERAL WATER-POLLUTION CONTROL ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 48. ENTIRETY 21 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR BEACH BOULEVARD MEDIAN IMPROVEMENTS (CC NO. 1143) THIS AGREEMENT is made and entered into on this day of , 2000, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Beach Boulevard median improvements (CC No. 1143) in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 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 1 agree/forms/fedfund/07/1 1/00 SAMPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 2000 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; 2 agree/forms/fed fund/07/I I/00 SAMPLE D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 agree/forms/fed fu nd/07/1 1/00 SAMPLE 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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 4 agree/forms/fed fiord/07/1 1/00 SAMPLE to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural 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 5 agree/forms/fed fund/07/11/00 SAMPLE items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than 6 agree/forms/fed fun d/07/11/00 SAMPLE eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and 7 agree/forms/fed fund/07/11/00 SAMPLE those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 8 agree/forms/fedfund/07/11/00 SAMPLE 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 commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 9 agree/forms/fed fund/07/11/00 SAMPLE 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such 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. 21. 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 10 agree/forms/fedfund/07/11/00 SAMPLE 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. 22. 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. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 11 agree/forms/fed fun d/07/11/00 SAMPLE 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. 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 times, 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. 25. 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. 26. 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 expense. CITY shall be 12 agree/forms/fed fund/07/1 1/00 SAMPLE reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less 13 agree/forms/fedfund/07/11/00 SAMPLE than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14 agree/forms/fed fund/07/1 1/00 SAMPLE 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. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. 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. 15 agree/forms%fed I and/07/1 l/00 SAMPLE 33. 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. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said obligation shall be provided for in the labor and 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. 35. 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. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 agree/forms/fedfund/07/1 1/00 SAMPLE 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 agree/forms%fed fund;071 1/00 SAMPLE CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 18 agree/forms/fed fund/07/11/00 SAMPLE CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 19 agree/forms/fed fund/07/1 1/00 SAMPLE (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 agree/forms/fedfund/07/1 1/00 SAMPLE 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works 21 agree/forms/fedfund/07/1 1/00 SAMPLE O iL l t7 RCA ROUTING SHEE INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE BEACH BOULEVARD MEDIAN LANDSCAPE IMPROVEMENTS, CC 1143 COUNCIL MEETING DATE: August 21 , 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEYVED RETURNED FORWARDED Administrative Staff y / ( ) Assistant City Administrator (Initial) ( ) City Administrator (Initial) ( ) ) City Clerk ( ) --EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: TAITE J > 4 CITY OF HUNTI NGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date: Meeting Date: Agenda item:_ Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B On Agreement C Other � ~� 2. Attachments A Missing B Not identified C Other 3. Exhibits \ A Missing B Not identified C Other th 4. Insurance Certificate(Proof Of Insurance) A Not attached toy I B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insura eCcertificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA Q-y& ✓ C Othpf Z,� a 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G-agendalm isdreaf orm Terra-Cal Construction, Inc. 14530 Joanbridge St. Baldwin Park, CA 91706 "SFKJM MV' FOR EF"HYD. MODIAM DFROVEMEM FRCM ADAM AVE. TO STARK AVE. IN TIIE CM OF 1I1hTTIlVG1LW BEAM DD NN OM WM RBUM MAIL" %-KCE OF THE CITY CLERK CITY C F HUNTTr'GION BEACH 2000 MATH SF. 2ND FLOOR HUNTINGION REACH, CA 92648 y g S f ' r f , SECTION C PROPOSAL for the BEACH BLN'D i\IEDL-kN I11PRON'E3IENTS from ADAMS AVE N. t E TO STARK AVENL"E CASH CONTRACT No. 1143 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE 'NIAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 95 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 ( If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BID �(XVD in the amount of$ 107. C' MFAL BlRvhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Sign 1 12/12/00 i C-2 F-TERRA-CAL CONSTRUCTION, INC. 14530 JOANBRIDGE STREET ' BALDWIN PARK,CA 91706 (626)960-3694 `FAX(626)338-9089 LANDSCAPE'ENGINEERING.BUILDING CA License No.428093 A,B.C-27 AZ License No.106493-A During the regular meeting of the Board of Directors of Terra-Cal Construction, Inc., held December 15, 1982, the following resolution was adopted and incorporated into the by-laws of Terra-Cal Construction, Inc.: RESOLVED, Arnado Deleon, Secretary/Treasurer of Terra-Cal Construction, Inc., is vested full authority to sign any and all contractual documents for the corporation, therefore, has the full authority to obligate the Corporation in all financial and contractual matters. Dated: December 15, 1982 I do hereby certify that I am the duly elected, qualified and acting secretary of the above named corporation, that the above resolution was adopted as the by-laws of the said corporation on the date set forth. Amado De on, Secretary/Treasurer I 1 BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT BID SCHEDULE CC No. 1143 STPLER-5181 (129) l C-3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount Construct Landscape Medians (Medians D) 1 Adams to Yorktown I I 1a 1 Construct Landscape Median (Median D1) Lump Sum @ L_t 5\)C �-�0 � F-\ve., by rjDollars $ SOO $-St. Soo NO Cents Per L.S. I lb 1 Construct Landscape Median (Median D2) Lump Sum 07�k(-6 w-w—4,ouS . 5\X Dollars $ 3 00 $ 31 +(e 06 N o Cents Per L.S. 1 c 1 Construct Landscape Median (Median D3) Lump Sum @ LA-nkrr &Dollars $ $ 00 1 N o Cents Per L.S. 1 d 1 Construct Landscape Median (Median D4) Lump Sum @ Dollars $ wo $ (x)b cJ o Cents Per L.S. i C-3-1 r PROJECT BID SCHEDULE Item Estimated Extended No. Quantity Item with unit price written in words Unit Price Amount Construct Landscape Medians (Medians E)2 i Yorktown to Garfield I 2a 1 Construct Landscape Median (Median E1) Lump Sum @ %r4" MrtQ-11rn�� OUS. VDU r R"� . Dollars $4 I $ `-i 1 ,'-4bg Cents Per L.S. 2b 1 Construct Landscape Median (Median E2) I I Lump Sum @ FLA \�� ceneJ 46US- -ni� ti `e, t"WrIA.Dollars $ 19 t $ st �9 �a Cents Per L.S. 2c 1 Construct Landscape Median ((Median E3) Lump Sum @ Sk) —tom &,-VWa hWrJ. Dollars $ No Cents Per L.S. 3 Construct Landscape Medians (Medians F) Garfield to Ellis 3a 1 Construct Landscape 11 Median (Median F1) Kl2 - Lump Sum @ Se�e�r�.1 O ' hDUS Dollars $ r) WC) a Cents Per L.S. C-3-2 PROJECT BID SCHEDULE Item. Estimated Extended No. Quantity Item with unit price written In words Unit Price Amount 3b 1 Construct Landscape Median (Median F2) i 1 ' ( Lump Sum @ ���,-�wl7S."tl. Dollars $ co $ S q9 lW `nf) Cents Per L.S. 3c 1 Construct Landscape Median (Median F3) Lump Sum @ S 6C �u 4• Dollars $ cJ r 5lD Cents Per L.S. 3d 1 Construct Landscape Median (Median 174) Lump Sum @ 1 h � .ram— tOUS c--S Dollars $ j OOC $ d� t'I a Cents Per L.S. 4 Construct Landscape Medians (Medians G) Ellis to Talbert i 4a 1 Construct Landscape Median (Median G1) VC r -�Lump Sum @ 5 '605. ehu .Dollars $ $ �� 1�b Cents Per L.S. 4b 1 Construct Landscape Median (Median G2) hU Lump Sum @ �..n T:& 12 P tc Dollars $ $ ff n Cents Per L.S. TOTAL IN FIGURES: $ Don TOTAL IN WORDS: $ S2 e-, �—w n4 _ 5-e L -Aq c) r,,u . a_.. S 0- C-3-3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount ADDITIVE BID ITEM(S) A 1 Construct Landscape Median (Median H) Newman to Speer Lump Sum @a� ►�t..b4b0S-�1('-t� �uC',Dollars $ �- 3� $ Z-Z 3� a Cents Per L.S. B 1 Construct Landscape Median (Median K) MacDonald to Stark n Lump Sum @ u-= , el F\�-N �urtCX Dollars $ b C �10 Cents Per L.S. ADDITIVE A SUBTOTAL IN FIGURES: $ ZZ� 3O� ADDITIVE A SUBTOTAL IN WORDS: $ ADDITIVE B SUBTOTAL IN FIGURES: $ CJ ADDITIVE B SUBTOTAL IN WORDS: $ V ADDITIVE A& B TOTAL IN FIGURES: $ S 9 ADDITIVE A& B TOTAL IN WORDS: C-3-4 Bond No.__BBSU Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, --------Terra-Cal_Constr.V_gtioL1,---.Tztc--------------------------------------------------------------------------------------------•----- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------• Principal. (hereinafter called the "Principal"), and, of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227. Baltimore, Maryland 21203, a corpora- tion duly organized under the laws of the State of Maryland, as Surety; (hereinafter called the "Surety") are held and firmly bound unto________ City of Huntington Beach -------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------as Obligee. (hereinafter called the "Obligee"), in the sum of..ten_percent the amount_bid in -------------------------Dollars ($_I Q ***********) 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------Beach Blvd Median Improvements from ------------------ Adams Ave to Stark Ave --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this -- - - 19th - -- day of December -------------------------------A.D.,X19.2000 Terra-C _1ConstructAn' Iz1c a.____(SEAL) ----- � --- -��-----------------------�---- ----------- P pal Witness -- -- -- -- ------------------------------------- ------------------- DaBON, V.P. OF FINANCE 7ltle FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety _- ----------------------- BY - - - -- -- (SEAL) gritness JOH D. HU GER Title C325c-5M,5.91 233978 Attorney-In-Fact Conforms to American Institute of Architects Document A-310. February 1970 Edition. FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICES: BALTIMORE BID BOND dP U O H 0 fA En O O 4-) W l4 tr 4-1 O � p O � U � x ] U 44 Er as ro w �4 U U z H " PLEASE' READ YOUR BOND CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On `12- IQ— 00 before me, GERRY L. MCCARTHY - NOTARY PUBLIQ Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared ANIAA-W DE LEON Name(s)of Signer(s) L personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/4rk subscribed to the within instrument and acknowledged to me that he/sWthhk executed the same in his/I<iA11H4r authorized capacity(ies), and that by his/Nd/t Ir signature(s)on the instrument the person(s), GHZRYLMCCARM or the entity upon behalf of which the persons) acted, Commisslon#1213028 Z executed the instrument. <p:*: Notary Public-Carfomia !gar jelesCouniy WITNESS y hand and o al seal. G ` Vres A,,r 10,2M3. i Signature of Notary Public OP O �ble Though the information below is not required by law,it may pro val to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date:_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact Trustee ❑ Trustee ElVICUGuardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer is Representing: Signer Is Representing: 01994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of —California County of Los Angeles On December 19, 2000 before me, Pi 1 ar M. Landeta, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared John D. Hunsinger , Name(s)of Signer(s) ®personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the personM whose name(so is/amsubscribed to the within instrument and acknowledged to me that he/skaft9ixexecuted the same in his/bwAb(&authorized capacity(ksxX and that by his/bvectlxodxsignature�4 on the instrument the person(, PiLAR iVf. �•kNlJ_ET__A1 or the entity upon behalf of which the person(s) acted, Q 1 C �115939a I executed the instrument. COMM.NOTAFr puaLtC = LOS ANGELES COUNTY � My COMM'Exptrespm,aa,9001 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN 13Y THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint John D. Hunsinger of South Pasadena, California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i s rue an law agent and Attorney-in-Fact,to make,execute,s deliver, on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . ., . . . . . . . . . . . . . . . . . . . n e execution of such bonds or undertakings in purs f these p shall be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been d cuted and wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper ° This r of attorney revokes that issued on behalf of John D. Hunsinger, da ovemb 1991. The said Assistant Secretary does hereby certi a extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is force. IN WITNESS WHEREOF, the said Vice- nt and s t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN)�POSIT CO�OF MARYLAND, this_____________8t ____________________day of ----------�'upus t ----------- A.D. 19 9 � FIDE4NAND D IT COMPANY OF MARYLAND ATTEST: W SEAL� B Assista� tary y Vice-Pres' ent STATE OF MARYLAND COLNTY OF BALTIMORE SS: On this_$th______day of----Augus t______-__--, A.D. 19.95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR.,Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above/written. NOTARY F9 / PU3UC CAROL J. FADER Notary Public My Commission Expires__________________August_1_1996_____-_-___ CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this --19th day of_.....D_e C ember---------------------2 0 0 0—. Assistant Secretary L1428c —012-8570 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements,deeds, and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o Work Number re_ i r 064 C l By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange AMAM DEM , being first duly sworn, deposes and says that he or she is V.P. OF FINANCE of TEM--(AL (MTRUCT MINC, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository; or to any member or agent thereof to effectuate a collusive or sham bid. TIIM-CAL CM7RUG'I ON,INC. Name of Bidder Signature of Bidder AMADO DELIDN, V.P. CF FINANCE 14530 JOMMIDGE ST. HALdJ N PARK, CA 91706 Address of Bidder Subscribed and sworn to before me this 19TH day of, DEMM 2000. GERRY L MC CARTHY _ Commission# i2i3o2s Nofcry Pubic-Cal.f z Ali"s .fi IOml4 S� Los An County A NOTARY PUBLIC ''comm.E io,2003 Y R1Il —NQTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD NIEDLkN INIPROVENIENTS from ADA�IS AVENt-E TO STARK AVE NI`E, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. MRA-AL 0M'IR MON,INC. Contractor By AM M DELEON, SEC REWY/MEARRIl2 Title Date: 12/19/00 C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Goverment Code Section 14310.5,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? I ❑ Yes Cl No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 r COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer.to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. i TERRA-'AL CrWTR=0N,TNC. Contractor By WDO DE LIDN, SDQtL'TARY/T[M0JRER i Title Date: 12/19/00 C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: TH —CAL 0MTR MON.INC. Bidder Name 14530 JOMMM ST. Business Address BALd7U PARK, CA 91706 City, State Zip 626 ) 960-3694 Telephone Number 428093 A, B, C-27 State Contractor's License No. and Class 9/30/82 Original Date Issued 9/30/02 Expiration Date The work site was inspected by of our office on, 2000. The following are persons, firms, and corporations having a principal interest in this proposal: THM—CAL CUSTRtM0N,INC. MM MM Y, PRESIDENT WILLIAM L. TYLER,. SENIOR V.P. "DO DE LDN, SflCRETARY/TREASURER C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. MM-CAL MNSTRtMON,BIC. Company N e Signk6 ieofBidder AAW DE LK)N, S=ARY/TREASURER Printed or Typed Signature Subscribed and sworn to before me this 29ITJday of, DEMCIlZ 2000. Las M-OCi County - ,�:,;r NOTARY PUBLIC ► ,Comm.BVr"c Apr 10,M . MOCAm -NOTARY PUBLIC Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. Name and Address of Public Agency a, L PA Name and Telephone No. of Project Mana er:. L&A- 4,1 q - i l( `j�\V . It 51() .00I Contract Amolint Type of Work Date Completed 2. 0-A-) Name an Address of Public Agency Name and Telephone No. of Project Manager�c�(-in L S Contrad Amount Type of Work Date Completed 3. �Aq- qJF (5�cLxT" Name an&Address of Public Agency coo Name and Telephone No. of Project Manager: qQ L I no-c u ( 1 1 A) nA S �rOt�k-�ur'S'� �• �-1-L� Contract Amount Type of Work Date Completed C-11 • Refer to Appendix I, FEDERAL LABOR STANDARDS PROVISIONS. Delete the Federal Labor Rates from Appendix I and insert the attached Federal Labor Rates (22 pages). • Mandatory pre-bid meeting. Wednesday December 13,2000 in Room B-6 @ 8:00 AM @ the City of Huntington Beach,2000 Main Street, Huntington Beach, CA. NOTE: Room B-6 is on the lower level of City Hall. • Rubberized asphalt mentioned in the project description will not be required for small pothole repair. The street surface of Beach Blvd. is however rubberized asphalt. • The plant establishment period (60 days) is not a part of the 95 calendar day project schedule. • The estimated start date has been modified to February 2001, and the estimated completion date has been modified to July 2001. _- • Soil Preparation.. Delete paragraph P4 on Sheet N 1 and the list of materials in the specifications, page 36, section 308-2.3.2. For bid purposes utilize the following per 1000 square feet of planting area: 6 cu. yds nitrogen stabilized organic amendment 15 16s. commercial fertilizer 16-6-8 200 lbs agricultural gypsum 10 Ibs soil sulfur Uniformly roto-till the above into the top six inches of planting area "-J zM x_ All bidders shall acknowledge receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate for this project. ; Charles L. Davis RLA 1452 Landscape Architect Bidder Acknowledgement: Ir TRZRA-C'AL 00 IR MON,INC. 12/12/00 Company Name By *pW DE LH)N, S=ARY/MEAaMDate Addendum 1, CC-1143, December 8, 2000, page 2 of arb r _dam 1 w l.j,"j@ CITY OF HUNTINGTON BEACH ejj 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 28 , 2001 To: Zondiros Corp. 2517 W. 237th, Suite A Torrance, CA 90505 Enclosed please find your original bid bond issued by xL Specialty Insurance Co. for Beach Blvd. Median Improvements (1143) Connie Brockway, CIVIC City Clerk Enclosure . g Jfol lowup/cash con/returnb id bond.doc (Telephone:714-536-5227) 4 �rXL Specialty Insurance Company w� 1450 East American Lane •20th Floor Schaumburg, Illinois 60173-5458 XLA SURETY 1-800-394-3924 XLSB-01321 BOND NO. PUBLIC WORKS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the principal below) hereinafter referred to Zondiros Corporation r as Principal, 2517 W. 237th Street,Torrance, CA 90505 and XL Specialty Insurance Company, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California , are held and firmly bound unto (Insert the full name and address of the obligee below) hereinafter referred to CITY OF HUNTINGTON BEACH as obligee, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 in the penal sum of (10%) of the amount of the Bid, not to exceed Ten Percent (10%) of The Attached Bid----- Dollars (5 -----10%----- I lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for (Insert project description and location below) BEACH BLVD MEDIAN IMPROVEMENTS FROM ADAMS AVENUE TO STARK AVENUE; CASH CONTRACT NO. 1143 Location :HUNTINGTON BEACH,California NOW,THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof be n the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with a other rty to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full f rce and a fect. Signed, sea ed and da d this 19th day of De rembq�/r 2000 (Seat if applicable) i Zo di os cor oration Pri or ype name of principal) By: (Witness) (Signature of authorized representative) �mmmwraa .9'yNBU (Type name and title) p r'ryn?a+�rF j� XL eciaity Insurance ompany / 4unoe /Vc, By (Witnes ) (Attorney-in-fact) Julia B. Leonard (Name typed) XHBBL-4(3/00) a -- s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On DEC 19 2000 before me, DANNA BAKER, NOTARY PUBLIC Name and Title of Officer(e.g."Jane Doe, Notary Public) personally appeared JULIA B. LEONARD, ATTORNEY IN FACT , Name(s)of Signer(s) ®personally known to me - OR - ❑proved to me on the basis of satisfactory evidence to be the person(s) whose nameW is/efe subscribed to the within Instrument and acknowledged to me that he/she/tfiey executed the same in his/her/theif authorized capacity(ies),and that by his/hers/th&signature(sr)on the instrument the person(s),or DANNA BAKER the entity upon behalf of which the person(-s).acted,executed rn COMM.#1202129 the instrument. NOTARY PUBLIC-CALIFORNIA Cnn RIVERSIDE COUNTY WITNESS my hand and official seal. My Comm.Expires Nov.17,2002 Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIA B. LEONARD Signer's Name: ❑Individual ❑Individual ❑Corporate Officer ❑Corporate Officer Title(s): Title(s): ❑Partner---❑Limited ❑General ❑Partner---❑Limited ❑General ®Attorney-in-Fact ❑Attorney-in-Fact ❑Trustot/Trustee ❑Trustor/Trustee ❑Guardian or Conservator ❑Guardian or Conservator ❑Other: ❑Other: Signer is Representing: Signer is Representing: "�- S PECI ALTY I Bona a X L,S B-1D 1 3 2 b AN XL CAPITAL COMPANY IIIIII IIII IIII I�II�IIII IIII IIII) IIII(IIII III)IIII LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois("Company"or"Corporation"),does hereby nominate,constitute and appoint Julia B. Leonard its true and lawful Attorney(s)-in-fact to make,execute,attest,seal,and deliver for and on its behalf, as surety,and as its act and deed, where required, any and all bonds,undertakings. recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed$5,000,000.00 as required by Surety Obligees. Such bonds and Undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED,That the President,or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship,and that any Secretary or any Assistant Secretary of the Company 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 the Company. FURTHER RESOLVED,That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7, 1997. "RESOLVED,That the signature of Stanley A.Galanski,as President of this Corporation,and the seal of this Corporation may he affixed or printed on any and all bonds,undertakings,recognizances,or other written obligations thereof,on any revocation of any Power of Attorney,or on any certificate relating thereto,by facsimile,and any Power of Attorney,any revocation of any Power of Attorney,bonds, undertakings,recognizances,certificate or other written obligation,bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of January,2000. XL SPECIALTY INSURANCE COMPANY m• �L J a`:g`PO=a'F'E: PRESIDENT f ku�A , aww,mnw ATTEST: SECRETARY STATE OF ILLINOIS COUNTY OF COOK SS. On this 3t day of January,2000,before me personally came Stanley A.Galanski to me known,who,being duly sworn,did depose and say:that he is President of the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority: QFFICIAL :12M)l JOETTE R C �J NOTARY PU841C,STATgS C ' Y COMMISSpN EXPIRESA3 NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Dlinois,do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company,at the City of Schaumburg,this 19th day of December 2000 �uiio� SECRETARY ZONDIROS CORP. j 2517 W. 237th Suite A �` r Torrance CA 90505 , L +u r , c. t \ F r" 1.. y W 7 SECTION C PROPOSAL for the BEACH BLVD MEDIAN INIPROVENIENTS from ADA1iS AVENL:E TO STARK AVENUE CASH CONTRACT No. 1143 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE NIAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 95 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the.AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and 1 void. 2 Accom an in this proposal sal of bid, find r�--w� in the amount of$ / /a which ( . P Y g P 1 said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice. Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). I Bidder shall signify receipt of all Addenda here,if y: Addenda No. Date Received B' d s Signature f I C-2 i BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT BID SCHEDULE CC No. 1143 STPLER-5181 (129) C-3 f PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price j No. Quantity Amount i 1 . Construct Landscape Medians (Medians D) Adams to Yorktown I la 1 Construct Landscape Median (Median D1) Lump Sum @ Dollars $ Cents Per L.S. lb 1 Construct Landscape Median (Me LianD2) >-ov:> Lump Sum @�'� �crr� tK Dollars $ $ s`1 Cents Per L.S. 1c 1 Construct Landscape Median (Median D3) i Lump Sum @ ��-�2 1 .� Dollars $ 1'3, � $ �'3,o��^ Cents Per L.S. 1d 1 Construct Landscape Median (Median D4) j Lump Sum @ �� �'�� ` Dollars $ S3rc � $ 5'3F axe Cents Per L.S. i C-3-1 PROJECT BID SCHEDULE Item Estimated Item with unit price written in words Unit Price Extended No. Quantity Amount 2 Construct Landscape Medians(Medians E) Yorktown to Garfield 2a 1 Construct Landscape Median (Median E1) c LIP Lump Sum (M 1 Dollars $ &'i OcaO $ Cents Per L.S. 2b 1 Construct Landscape Median (Median E2) Y� Lump Sum (��� a,., \ x Dollars $ 7 $ Cents Per L.S. 2c 1 Co�nstr_,act La r scQape (MO-ondi$n E3) Lump Sum Dollars Cents Per L.S. 3 Construct Landscape Medians(Medians F) Garfield to Ellis 3a 1 Construct Landscape Me 'an Median F1) 4it Cap— Coe Lump Sum (8� I '� AV—z�, Dollars $ 3_ $ i 32•L t— Cents Per L.S. C-3-2 PROJECT BID SCHEDULE Item Estimated kern with unit price written in words Unit Price Extended No. Quantity Amount 3b 1 , Construct Landscape Median (Median F2) Lump Sum 0 �'In= CTV Dollars $ $ Cents Per L.S. 3c 1 Construct Landscape Median (Median F3) Ce Lump Sum ems— ' Dollars $ %77— � Cents Per L.S. 3d 1 Construct Landscape Median (Median F4) Lump Sum Dollars $ $ C7 —D Cents Per L.S. 4 Construct Landscape Medians (Medians G) Ellis to Talbert 4a 1Construct andscape Median (Median G1) d / `'@ .� Lump Sum " oliars $ ! $ Cents Per L.S. 4b 1 Construct andscape Medi (Median G2) t `$ �q qe Lump Sum Dollars $ /'90 $ 7 Cents Per L.S. TOTAL IN FIGURES: $ TOTAL IN WOR S: $ C C-3-3 PROJECT BID SCHEDULE Item Estimated Extended No. Quantity Item with unit price written in words Unit Price Amount ADDITIVE BID ITEM(S). A 1 Construct Landscape Median(Median H) Newman to Speer Lump Sum @ t� —' Wrs ZZ $ S(;�Z Cents Per L.S. B 1 Construct Landscape Median (Median K) MacDonald to Stark I cf— c+o Lump Sum @ ` Dollars $ /y Lnc:,7 $ Cents Per L.S. ADDITIVE A SUBTOTAL IN FIGURES: $ 3(e3"ZZ,c9� ADDITIVE A SUBTOTAL IN W DS: $ er-.tz 1 ►tz.vc �$_ ADDITIVE B SUBTOTAL IN FIGURES: $ Lc�C�� csex'� ADDITIVE B SUBTOTAL IN WORDS: $ ADDITIVE A& B TOTAL IN FIGURES: $ 3 L �-SR-z � ADDITIVE A& B TOTAL IN WORDS: $ C-3-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of i the work to be done by such subcontractor. Portion Name and Address o Subcontractor State License Class s of Work Number h-q, C' ?-I JV CIL /Jr:RC%Db 7 � C,4 D'+►�• � L�✓ Ctt�i if-- �� 7v� Ito o — � 4Y?— c By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County being first duly sworn, deposes and says that he or*16-is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidd ' Signature of idder ZONDIROS CORP. 2511 W. 23111 Suite Address of Awfance CA 90505 Subscribed and sworn to be ore me this day of, 2000. Ea�'9l��3'uwo�Nn kuno7 swow son z olwo;lloo-:)Uqnd AWN gZMZ I #uoRwwoo (lll'j nAor NOTARY PUBLIC - -_% NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD NIEDLkN INIPROVENIENTS from ADA�IS AVENI'E TO STARK AVENU�E, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that maybe retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: k'Z- -� C-6 l o : DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? I ❑ Yes /No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 r COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor B Title Date: C-s UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this.form is completed and.returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: 12 k V,—� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ZONDIROS CORP. Bidder Name 2517 IVY. ou Torrance CA 90505 Business Address City, State Zip 2t cowc> Telephone Number —166—z© g State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on, vl—L 2000. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of, 2000. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 , ZOND/ROS CaRPORdT/�N I it t-ncP :aZ667nA-A 2517 W. 2371h ST. Torrance, CA 90505 • Phone 310-210-0705 FAX 310-326-4504 REFERENCES David McBride Senior Engineer Storm Drain 36" RCP City of Rancho Palos Verdes Project value $214,000 310-541-6500 Completed 12/98 Miguel Hernandez Engineer Slope Repair project City of West Covina Project value $80,000 626-814-8425 Completed 11/98 Greg Weiss Senior Inspector 626-458-3122 Robotic Pipe Repair Ben Oroomchi Senior Civil Engineer 818-896-0594 Project value $339,000 L. A. County Dept. of Public Works Completed 5/99 David Wu Earth Drainage channel Engineer Project value $19,000 City of Palmdale Completed 11/98 805-267-8425 Jeff Winner Treatment plant Improvements District Manager Project value $ 82,000 Lake Arrowhead Community Services District Completed 12/98 909-337-8555 Lake Arrowhead Community Services District Sewer Rehab 8" C-900 Jeff Winner District Manager Project value $150,000 909-337-8555 Completed 9/99 Lake Arrowhead Community Service District A.C. Storage Site Jeff Winner District Manager Project value $110,000 909-337-8555 Completed 10/99 John Reagan Senior Inspector Various channel repair Los Angeles County Dept. of Public Works Project value $310,000 626-358-3122 Complete 1/2000 Orange County Flood Control Concrete channel Vince Gonzales Senior Inspector Project Value $98,000 661-274-0753 Completed 9/99 Los Angeles County Dept. of Public Works Robotic Pipe Repair Callabasas Project Project Value $ 100,000 Ben Oroomchi 818-896-0594 Completed 12/99 Iggy Ruiz 562-861-0316 Page 1 REFERENCES City of Rolling Hills Estates 12" Storm Drain Sam Wise 62 Strawberry Lane 310-377-1577 Project Value $ 40,000 Completed 12/99 City of Simi Valley 4" Drain Line Terry Curson Casarin Ave Well Drain 805-583-6804 Project Value $60,000 Completed 2/2000 City of Rolling Hills Estates Median Landscape Andy Clark Project value $525,000 310-377-1577 Completed 10/2000 JV with Peninsula Landscaping City of San Diego Robotic pipe repair Mike Bedard Project value $450,000 619-654-4154 In progress City of Culver City 8" Sewer Main Alan Bratvedt CDM Consulting Project Value $192,000 310-329-0102 Completed 10/2000 City of Rancho Palos Verdes 36" Storm Drain Begin February 1, 2001 $ 235,000 City of Compton Bus Shelters Design/Build $ 206,000 In Progress Kern Water Agency 54" Storm Drain Martin Varga Project Engineer 20 FT Deep 661-6341400 In Progress Page 2 s CITY OF HUIVTIIVGTOIV BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 28 , 2001 + To: Pima Corp. dba Advanced Const. 2001 S. Barrington Avenue, Suite 201-B Los Angeles, CA 90025 Enclosed please find your original bid bond issued by Fidelity and Deposit Co. of Maryland for Beach Blvd. Median Improvement (1143) e�%Ox .�i a"�Y— Connie Brockway, CIVIC City Clerk Enclosure . g Jfollowup/cashcon/retu rn bid bond.doc (Telephone:714-536-5227 Bond No.N./A....................... Fidelityd Deposit Company an HOME OFFICE OF MARYLAND BALTIAfORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we................P.IMA...CORP.f,P.Ii4A...CORPORA-T.I.C)N...DBA..AaYANCEa...CDNSTi:LUJCMION............................................. ----.....--•---.......--•.............................•--.................................--------......--•-••--•---.....-•---...----•--•--.........--•---...----.....-••--•.......-•--........... ..................................................................................... as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto...............................•••--•-• -•.............................................---....................-- ...-------•......•--------CITY---OF...H.UN.TZN CT.ON...BEA.CE....--••----...-----•--------------•--•-----•---........---------•--••-•--......................-•--- ..........•-•-• •---••--•-••............................•--•--•••••....................•-•••--••...•-••••---......as Obligee, (hereinafter called the "Obligee"), in the sum of.......TEN PERCENT -OF AMOUNT--•BID•--•-.----..•...............................Dollars (W.%..O '...BIDr 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. NO 1143 WHEREAS, the Principal has submitted a bid for................................................................................................. ..•-•-•......•--•••..............................••...............-•---••••---••--••-•---........................-•--•--••-............--•----•-•-•••-••--•--...........•-••-----•..........•••... BEACH BLVD. MEDIAN IMPROVEMENTS ---------------------------------•--•----••-••-•-•---•--•--•••---•-•--••-••..........-•---....•••--•......-••-----........•-•-•-••-•---•.......•-••-----••-••--•.........---••••---............... •-•-•--•...--•---•---••-••........---•-••-•-•.....---•-•-•••--•.......•--•--•.........••---••-•-••••••--••-•-••••---•................•••••--•••---•.......................--•-•................... ----•--•--------••-------------•--....--•------•---•---•------------------------.......------------...--------------......----••-----...........-----.........................................-•-- NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such-bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this..................L&T.H................................day of.....NOOVEMB.Ea.........................A.D. W4...2©Gv PIMA CORPORATION (SEAL) rznca al - ll1 Wit s ..�jl�G4�l---�-�-1'.Ll.u.Z....�re�1.�:���..T�J...1..� --;• ---- 1 VIC FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By................ ... Witness V Title KELLY A. SAITMAN, ATTORNEY-IN-FACT C325d-15034. APProved by The American Institute of Architects. A.I.A. Document No.A-310 February 1970 Edition. CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S . S . COUNTY OF SAN BERNARDINO ) On N_ 042ER 16, 2(= before me, Janet L. Miller, Notary Public personally appeared Kelly A. Saitman personally known to me; X or proved to me on the basis of satisfactory evidence to .be the person, —whose name (.e�- is/arT subscribed to the within instrument and acknowledged to me that (Jze-/she/they) executed the same in ]axe/her/tb�e� authorized capacity Lie-st, and . that the entity upon behalf of which the person (.e}- acted, executed the instrument . WITNESS my hand and official seal . (SEAL) _ w. Siglature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document . Individual (s) Corporate Of-ficer (s) Titles and Partner (s) Limited General X Attorney-in-Fact Trustee (s) Guardian/Conservator Other. Signer is representing: ATTENTION NOTARY: Although the information requested below is optional , it could prevent fraudulent attachment of this certificate. to unauthorized document . Title of type of document : Number of pages : Date of document : Signer (s) other than named above : THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189637 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Janet L. MILLER, of Ontario, California, its true and lawful a nt andAttorney-in-Fact,to make, execute, seal and deliver,for, and on its behalf as surety,and as its act d: any a o bonds and undertakings and the execution of such bonds or undertakings in pursuance of these pres all be g upon said Company, as fully and amply,to all intents and purposes, as if they had been duly e d and a edged by the regularly elected officers of the Company at its office in Baltimore,Md., in their o r person o The said Assistant Secretary does hereby certify extract s on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is o force. IN WITNESS WHEREOF, the said Vice- ent and t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said ITY AIEFOSi i' COMPANY OF MARYLAND, this 19th day of September,A.D.2000. �v ATTEST: FIDELI D DEP!R.�' IT'COMPANY OF MARYLAND 0 By: T. E. Smith As t Secretary M.J.Anderson Vice President O State of Maryland) County of Baltimore f ss: On this 19th day of September, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 012-7170C PIMA CORP. tbg ADVANCED CONST. 90M S.BARRINGTON AVE. SUITE 201-8 LA.CA 90025 l r SECTION A NOTICE INVITING SEALED BIDS for the BEACH BLVD %IEDLa\ LNIPROVE-NIE\TS from ADAMS AVENUE TO STARK AVENUE CASH CONTRACT No. 1143 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on DECEMBER 19, 2000. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a S50.00 non-refundable fee if picked up, or payment of a S75.00 non-refundable fee if mailed. This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the-Director.of Public Works, 2000 Main Street, Huntington Beach, California 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 C The laid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 21"T. day of AUGUST 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH I A-2 r r SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms i Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. . All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized i representative, and that it is filed with the AGENCY. i, Note: All associated work, labor and materials to construct the Beach Boulevard Median Improvements, Cash Contract No. 1143 as depicted on the plans and/or specifications shall be included within the contractor's contract total bid amount and no additional compensation will be allowed. Contractor is responsible for paying Cal Trans Double Permit fees as a part of this contract. An initial deposit of $3,500.00 is required, payable to Cal Trans for this permit. The total fee is based upon a$70.00 per hour rate. The total fee will be determined at the end of the project and could exceed the initial deposit. Contractor is responsible for horizontal directional boring, research, plan development, obtaining a Cal Trans permit, soil removal, grading, pit filling and compaction, asphalt repair and patching and traffic control, and other related work, complete. Costs for said work shall be included in the lump sum price bid for each median group per the bid format. Agency will share it's information on utility locations which it has direct or indirect knowledge of with the contractor. With the involvement of Federal funds supplementing the construction phase of this project, the contractor shall provide a lump sum cost breakdown for all involved medians, including the additive bid medians H and K (see sheets C-34). The lump sum median bid items of work are shown within the project bid schedule sheets C-3-1 through C-34. The sum of the lump sum median bid items of work (la through 4b), shall be the project total bid amount and the basis of award. The project total bid amount shall be the figure displayed at the bottom of sheet C-3-3 of the project bid schedule and shall be the contractor's project total bid amount. B-1 The'lump sum cost breakdown of medians H and K(see sheet C-34), will be used as an additive alternate bid item(s). The City reserves the right to add either or both of the additive bid item(s) to the contractor's project bid amount. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made b a corporation, the name of the corporation shall be signed b � g� Y rP 1P l� Y its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-2 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for 1 LO TSBEACH BLVD MEDL \ � I from I ADAMS AVENUE TO STARK AVENUE in the CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAEL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax,Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 7.Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so,may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. B-3 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing Of Subcontractors i Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no B-4 event will'an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and.the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 24, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work.to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-5 SECTION C PROPOSAL for the BEACH BLVD IIEDLaN IMPROVEINIEWS from ADAMS AVENUE TO STARK AVENI'E I CASH CONTRACT No. 1143 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: iIn compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 95 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 r . If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and i void. Accompanying this proposal of bid, find o 2in the amount of S which j said amount is not less than 10% of the aggregate of the total bid price, as required by.the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). I Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received RiddeT's Sign atu I C-2 r BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT BID SCHEDULE CC No. 1143 STPLER-5181 (129) C-3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount Construct Landscape Medians (Medians D) Adams to Yorktown ] I 1a 1 Construct Landscape Median (Median D1) Lump Sum ° ars $ $ `�` 2A Cents f � Per L.S. lb 1 Construct Landscape Median (Median D2) y� Lump Sum @ s $ $ 1 YZ --�— ents Per L.S. 1c 1 Construct Landscape Median (Median D3) 7 �o Lump Sum @ Dollars $ $ � • s Per L.S. 1d 1 Construct Landscape Median (Median D4) C� Lump Sum @ oUars $ Per L.S. i C-3-1 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount ( 2 Construct Landscape Medians (Medians E) Yorktown to Garfield. I I 2a 1 Construct Landscape Median (Median E1) Lump Sum @ E�,Do $ /?� r nts Per L.S. 2b 1 Construct Landscape Median (Median E2) c� I. Lump Sum @ o $ $ � ents er L.S. 2c 1 Construct Landscape Median (Median E3) Lump Sum @ rs $ Ce is 3 Construct Landscape Medians (Medians F) Garfield to Ellis 3a 1 Construct Landscape Median (Median F1) Lump Sum @ �� $�� 3 —�Cents Per L.S. C-3-2 PROJECT BID SCHEDULE Item. Estimated Extended No. Quantity Item with unit price written In words Unit Price Amount 3b 1 . Construct Landscape Median (Median F2) Lump Sum @ $ $ Cents Per L.S. f 3c 1 Construct Landscape Median (Median F3) Lump Sum @ soars $ $ ' nts Per L.S. 3d 1 Construct Landscape Median (Median 174) i Lump Sum @ Dollars $ $ Cents Per L.S. 4 Construct Landscape Medians (Medians G) i Ellis to Talbert 4a 1 Construct Landscape Median (Median G1) / �q Lump Sum @t!/ z2 i/( - ��'?-- Dollars $ er 4b 1 Construct Landscape Median (Median G2) Lump Sum @ t 1� � �—c�✓ Dollars $ $ � Z Cents TOTAL IN FIGURES: $ TOTAL IN WORDS: C-3-3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount ADDITIVE BID ITEM(S) A 1 Construct Landscape Median (Median H) Newman to Speer Lump Sum @ � '2. e-z gzi-- rlFars $ $ Cents Per L.S. B 1 Construct Landscape Median (Median K) MacDonald to Stark Lump Sum @ D Ilars $ $ �� Cents Per L.S. ADDITIVE A SUBTOTAL IN FIGURES: $ ADDITIVE A SUBTOTAL IN WORDS: $ , ADDITIVE B SUBTOTAL IN FIGURES: $ c� �7_0_•0 ADDITIVE B SUBTOTAL IN WORDS: $ ADDITIVE A& B TOTAL IN FIGURES: $ �2 ADDITIVE A & B TOTA IN WORDS: $ C-3-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number I Demo �e TErkvawdo 2 4' SS— 02- C zl By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange bed first duly sworn, deposes and says that he or she is of t'I A - .7m Adya4 rod Qowf'j the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. A-n/ ?roU Nao of Bidder Sign Bid er 2bo .Ca, ooZs Address of idde Subscribed and sworn to before me this day of, �C� �` 2000. r7ZIammmlon ISOU RANI-AHMAD #1255= Notary PUblIC-Callfomia Los Angeles County mh'comm,F�.r'• t Mar31,2t�4 NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD NIEDLkN I-NIPROVE-NIENTS from ADANIS AN'ENI'E TO STARK AVENVVE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor Li VO U'Z y I yes ide,4f Title Date: /Z—d—OC> C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5,the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE i Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government proje7No use of a violation of law or a safety regulation? I ❑ Yes If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions .of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By ?yes vtt Title Date: 12_1 C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and.retumed to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor �1) 02 BY Title Date: f 2— f q D O Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request.. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r7� /� r ti Mk Com - IBA- AG(VQytm.d Ceppis4 Ar P1 Bidder Name 2eo f S' Business Address ML - A . QaT2�s— City, State Zip (�10 ) 23I --70 a Telephone Number State Contractor's License No. and Class Nov- ?� Original Date Issued NO V - ZOO Z Expiration Date The work site was inspected by 10�N 7w`h BOO of our office on, 12 4. --00 2000_ The following arp persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name X i Si i er n , rYn Print or Typed Signature Subscribed and sworn to before me this day of, Q\ 2000. GISOU SAW-AHMAD Commission#1255523 Notary Public-California Loe Angeles County NOTARY PUBLIC 11WMVCornm.E)0-,-.swcr31,M1 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: 1bf Vl wCk L3/0-) -S-B• RS 33 2 ao, 000 /�r.�'1t 'c� /titer©cC�Ke�'� �Z— / O O Contract Amount Type of Work Date Completed 2. � 44 -- Name And Address of Public k9ency /7 Name and Telephone No. of Project Manager: SS�D w Ai SE 03 3 -000 t'toulkca n Contract Amount Type ofWork Date Completed 3. Name and Address of ublic Agency Name and Telephone No. of Project Manager: l'h OP kaAtt.; ?71F) 9iX 1ZZ y Z/00- 000 -iF, /aPaAi°� ��crzo��ctt A/4U �q Contract Amount Type of Work Date Completed C-11 t i, te CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 28, 2001 To: Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Enclosed please find your original bid bond issued by CGU Insurance Co. for Beach Blvd. Median - cc no. 1143 C� Connie Brockway, CIVIC City Clerk Enclosure gJfollowup/cashcon/ret urn bid bon d.doc (Telephone: 714-536-5227) __ CGLI Bid I N S U R A N C E Bond Surety Bond ® CGU Insurance Company ❑ General Accident Insurance Company Know all men by these presents,that we Los Angeles Engineering,Inc. as Principal, hereinafter called the Principal, and CGU Insurance Company a corporation duly organized under the laws of the Commonwealth of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollar($ 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 Beach Boulevard Median Improvements from Adams Avenue to Stark Avenue, Cash Contract No. 1143 in the City of Huntington Beach Now, Therefore, If the Obligee shall accept the bid of the Principal within the period specified therein, or if no period be specified, within sixty (60)days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the penalty here of,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of December 20 00 Los Angeles Engineering, Inc. (Principal) rk Brien, President (Seal) (Witness) By CGU nsurance Company (Sur ty)� (Seel) I Lao (witness) By Candy M. oo s, Attorney-in-Fact _ Se-0103 2.92 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles 12/19/00 On before me, Candy M. Coons, Notary PublicTKj, Date Name and Title of officer(e.g.,"Jane Doe,Notary Public") �S personally appeared Angus O'Brien , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence s41l1s0gs0l1sseseeeeselesee==eaeeeees ° CANDY M. COOIS c o to be the person(s) whose name(s) is/are v COMM. #119563 R s i : n.- J=.RY PUBLIC•CAL,= = = S subscribed to the within instrument and 2 t P LOS.ANGELES COUN 2 e I...Comm.Expires Sept a acknowledged to me that he/she/they executed sssseseesoes�e•eesssesssas...assase. 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. WI ESS my hand and official seal. Place N=ary Seal Above Sig attire of Notary is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. hh �S Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ' Ca acit Ies Claimed b Signer P Y(• ) Y ; Signer's Name: ❑ Individual Top of thumb Here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 C4 S=Ave..P.O.Box 2402-Cztr�-n.CA 91313-2402•—natlonalnolary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876.6827 1 t ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On December 19, 2000,before me,Mark E. Shreckengast,Notary Public,personally appeared Candy M.Coons ..................................... :.:t.:.. MARK E.SHRECKENGAST Personally known to me to be the person whose name is subscribed to the A COMM.#1269139 R within instrument and acknowledged to me that she executed the same S NOTARY PUBLIC-CALIFORNIA S in her authorized capacity,and that by her signature on the instrument the 2 LOS ANGELES COUNTY 2 • M y Comm.Expires July 24,2M4 person,or the entity upon behalf of which the person acted, executed the i••••••••i•�• iTtii�i• instrument. WITNESS my hand and off . I seal. Signature of NotarykPublic Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Individual Corporate Officer-Title(s): Partner--Limited-General X Attorney in Fact _Trustee _Guardian or Conservator Other: Signer is Representing: CG L N u K A . Attorney GA02034 KNOW ALL MEN BY THESE PRESENTS,that the CGU INSURANCE COMPANY,a corporation duly organized and existing under the laws of the Commonweatth of Pennsylvania,and having its principal office.in the City of Boston,Massachusetts,hath made,constituted and appointed,and does by these presents make and constitute and appoint:Mark E Shreckengast,Candy M.Coons,Amy Pratt,Joseph E.Cochran,all of the City of Los Angeles,State of CALIFORNIA each of them its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf as surety any and all bonds or undertakings;provided that no bond or undertaking executed under this authority shall exceed In amount the sum of: Twenty-Five Million DOLLARS----------------------------------------------_-----------------------------"-($25,000,000.00) and the execution of such bonds or undertakings in pursuance of these presents,shall be binding upon said Company,as fully and amply;'to all intents and purposes,as if such bonds were signed by the President,sealed with the corporate seal of the Company,arid duly attested by its:Assistant Secretary,hereby ratifying and confirming all the acts of said Attomey-In-Fact pursuant to the power herein given This:Power.of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the CGU INSURANCE COMPANY at a:�Meeting duly called and held on-the second:day of November,1998: "Resolved:That the President,or any Vice-President,or any Assistant Vice-President may execute for and in behalf of the company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary;and that the President,or any Vice-President,or Assistant Vice-President, may appoint and authorize.an Attorney-ln-Fact to.execute.on behalf of the company any and all such instruments and to affix the seal of the company thereto;and that the President,or:any Vice-President or any:Assistant Vice-President,may at anytime..remove,any such Attomey-in-Fact and revoke all - power and;authdrity given to any such Attorney in=Fact "Resolved: That the Attomeys In-Fact may given full power and authority to execute for and In the name and on behalf of the company any and all.bonds,recognizances contracts,:of indemnity,and all other writings obligatory in the nature thereof, and any such Instrument executed by any such Attomey-in-Fact shall be as binding:upon the company as'if signed by the President and sealed and attested by the Secretary,and,further,Attomeys-in- Fact are hereby authorized to verifyany affidavit.required.to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and are also authorized and"empowered to certify to'a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds,.recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in-Fad This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the CGU INSURANCE COMPANY at a meeting duly called and held on the second day of November,1998: "Resolved:That the signature of the President,or any Vice-President, or any Assistant Vice-Presldent,and the signature;of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney,orto any certificate'retating thereto appointing Attomeey-n- Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof;and any such signature and seal where so used,being hereby adopted by the company as their original signature of such officer and the original seal of the company,to be valid and binding upon the company with the same force and effect as though manually affixed." IN.WITNESS WHEREOF,the CGU INSURANCE:COMPA.NY,has caused these presents to be signed by its Senior Vice-President and its corporate seal to be hereto affixed,duly attested by its Assistant Secretary on the 8th day of May,2000. CGU INSURANCE COMPANY �J.......... Attests' i:g,1956�� , By &04Uo4- amesE.Carroll—AssistantSecretary DennisS.Parlor—SenlorVlcePresldent COMM LTH OF PENNSYLVANIA PHILADELPHIA COUNTY On this 8th day of May,2000,before me personally came Dennis S.Porter,Senior Vice-President and James E.Carroll,Assistant Secretary of the CGU INSURANCE COMPANY,to me personally known to be the individuals and officers described in and who;executed the preceding instrument,and they acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth..and sayeth that they are the said.officers of the Company aforesaid,and that the seat affixed to the preceding instrument is the corporate sealof said Company and that the said.corporate seal and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority at direction of the said Company. NOTARIAL L J.Jo��w 9`c� LINDA MUZA,Notary Pubtb City d Ril~Ak m*&Car+b f. ° OF. _, Comnl••bn E irM sa t.3,2001 Linda Miller—Notary Public �• ,,..+' +? :CERTIFICATE (My Commission expires September 3,2001) I,the undersigned,Assistant Secretary of the.CGU INSURANCE COMPANY,a Pennsylvania Corporation,do hereby certify that the foregoing power of attorney is infull force and has:not been revoked,and furthermore that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. .:; Signed and sealed. Dated 19th day of December 2000 ,•x�CF� - -- - _ . _ _ [�;• I James E [LAssistant Secretary This Power of Attorney may not he usad to execute any bond with an inception date after _May'O8,2004 • • •• • •• • • • For verification or the authen:ici:v of this Power of Attornev you may call, 1-800-288-2360 and ask for the Power or Attorney supervisor. Please refer to the Power of Attorney number,the abo%e r r-.ed indi�idualis and details of the bond to xyhich the po�%er is attached. In Pennsylvania, Dial 115-625-3037. S13-0027 3.92 Los Angeles Engineering Inca 4134 Temple City Blvd Rosemead Ca,91770 r c.� City Of Huntington Beach 2000 Main Street, Huntington Beach Ca,92648 i SEALED Bid-,Beach Blvd Median Improvements Cash Contract No.1143 SECTION C PROPOSAL for the BEACH BLN'D '1%1EDL4,N IMPRON'EINIENTS from ADA IS AN'ENI-E TO STARK AN'ENI'E CASH CONTRACT No. 1143 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 95 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 I£awarded the 'Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find .b'� � in the amount of$ L,) ° which . said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). I Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature lZ o 0 i f f C_2 i' BEACH BOULEVARD MEDIAN IMPROVEMENTS PROJECT BID SCHEDULE CC No. 1143 STPLER-5181 (129) l C-3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount Construct Landscape Medians (Medians D) 1 Adams to Yorktown 1 I 1a 1 Construct Landscape Median (Median D1) Lump Sum @ tL` try Dollars $ Cents Per L.S. lb 1 Construct Landscape Median (Median D2) % �,Lump Sum Dollars $ �i $ Cents Per L.S. 1 c 1 Construct Landscape Me ian (Median D3) LumpW' � Dollars $ �0� Sum , $ @ � Cents Per L.S. 1d 1 Construct Landscape Median (Median D4) Q� L'-r j Lump Sum @ Dollars $ $ Cents Per L.S. W. C-3-1 r . PROJECT BID SCHEDULE Item Estimated Extended No. Quantity Item with unit price written in words Unit Price Amount 2 Construct Landscape Medians (Medians E) Yorktown to Garfield I 2a 1 Construct Land ape Median (Median E1) Lump Sum @ L t 1 Dollars $ $ S 000! Cents Per L.S. 2b 1 Construct Landscape Me an (Median E2) `\� (( ( O I. Lump Sum @ �l 1 " Dollars $ � Cents Per L.S. 2c 1 Construct Landscape Median (Median E3) Lump Sum @ �"�— VW Yf Dollars " �P�✓ U Cents er L.S. 3 Construct Landscape Medians (Medians F) Garfield to Ellis 3a 1 Construct Landscape M than (Median F1) AA'' Lump Sum @ � l N 9 Dollars $ $ Cents Per L.S. C-3-2 PROJECT BID SCHEDULE Item. Estimated Extended No. Quantity Item with unit pri ritten in words Unit Price Amount 3b 1 . Construct Land c an (Median F2) I C� Lump Sum @ �� Dollars $ `w Q� $ Cents Per L.S. 3c 1 Construct Landscape Median (Median F3) Lump Sum @ tV i LO Dollars $ 000, $37,6Q10'. Cents Per L.S. 3d 1 Construct Landscape Median (Median F4) Lump Sum @ Dollars $ Cent! Per L.S. 4 Construct Landscape Medians (Medians G) Ellis to Talbert 4a 1 Construct Landscape Median (Median G1) 1 l 9 Lump �Sum te-, 44 f Dollars $ Cents Per L.S. 4b 1 Cons uct Lan scape Median (Median G2) Lump Sum @ &'t "` �"" Dollars $ (910do $ O ,----Cbnts Per L.S. TOTAL IN FIGURES: $ TOTAL IN WORDS: $ I 3 PROJECT BID SCHEDULE Item Estimated Extended Item with unit price written in words Unit Price No. Quantity Amount ADDITIVE BID ITEM(S) A 1 Construct Landscape Median (Median.H) Newman to Speer P Sum @ Lump 0 L ' L Dollars $ Cents Per L.S. B 1 Construct Landscape Median (Median K) MacDonald(ZoStark Lump Sum @ ( "Sollars $ ko o $ k, Cents Per L.S. ADDITIVE A SUBTOTAL IN FIGURES: $ 9 p Po ADDITIVE A SUBTOTAL IN WORDS: $ ADDITIVE B SUBTOTAL IN FIGURES: $ Q ADDITIVE B SUBTOTAL IN WORDS: $ /}q ADDITIVE A& B TOTAL IN FIGURES: $ l ADDITIVE A& B TOTAL IN WORDS: $ C-3-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Al Up ti IM T� a� By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Angus OBrien , being first dul sworn de osesand says that he or she is Frestdent of Los An�eles Engineering the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Los Angeles Engineering Tne. Name f Bidder hL. OBrien, President Signature of Bidder 4134 Temple City Blvd, Rosemead Ca,91770 Address of Bidder Subscribed and sworn to before me this 19 day of, December 2000. NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles 12/19/00 On before me, Candy M. Coons, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") personally appeared Angus O'Brien Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence I� „m,o„o..,�.,.o.o........,,�oo....e, to be the person(s) whose name(s) is/are CANDY M. COONS subscribed to the within instrument and H � j COMM. #1195631 R acknowledged to me that he/she/they executed fi cr S Il" ` - ll NOTARY PUBLIC-CALIFORNIA S the same in his/her/their authorized 2 .a .' LOS ANGELES COUNTY 2 iN 9 My Comm Expires Sept.5,2002 S capacity(ies), and that by his/her/their ryl maaeeee9s����eess��o�����oe��aa��aoo signature(s) on the instrument the person(s), or r the entity upon behalf of which the person(s) acted, executed the instrument. WIT ly hand and officia eal. Place Notary Seal Above Si ure o Notary Public h OPTIONAL ?' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: R Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here C1 Corporate Officer—Title(s): 5 I ❑ Partner—❑ Limited ❑ General i6 ❑ Attorney in Fact ❑ Trustee 2; ❑ Guardian or Conservator �I ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD NIEDL-kN INIPROVEINIENTS from ADA IS AVENt-E TO START: AVENUE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Los Angeles Engineering Tnc. Contractor Angus OBrien By President Title 12/19/00 Date: C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? I ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 r- COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Los Angeles Engineering Inc. Contractor Angus OBrien C By President Title Date: 12/19/00 C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Los Angeles Engineering Inc. Contractor Angus ORrien By President Title Date: 12/19/00 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Los Angeles Engineering Inc. Bidder Name 4134 Temple City Blvd, Ros.emead Ca,91770 Business Address City, State Zip 626 ) 454-5222 Telephone Number #591176 Class A C10 HAZ State Contractor's License No. and Class 3/26/90 Original Date Issued 03/31/2002 Expiration Date The work site was inspected by Aaron OBrien of our office on, 12/11/00 2000_ The following are persons, firms, and corporations having a principal interest in this proposal: Los Angeles Engineering Inc. Angus OBrien C-10 'The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Los Angeles Engineering Inc. Comp yName Angus OBrien, President Signature of 19dder Printed or Typed Signature Subscribed and sworn to before me this19 day of, December 2000. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City Of Glendale, 633 E. Broadway, Glendale Ca,91206 Name and Address of Public Agency Bobby Supan (818) 548-3945 Name and Telephone No. of Project Manager: Annuel Gutter 1,378,736. Street Resurfacing 12/99 Contract Amount Type of Work Date Completed 2. City Of Newport Beach, 3300 Newport Blvd, Newport Beach Ca,92658 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mark Puglisi (949) 644-3331 Balboa Blvd Reconstruction 2/99 574,564. 10 Asphalt Paving,Gurb Gutter Contract Amount Type of Work Date Completed City Of Laguna Hills, 25201 Paseo De Alicia #150, Laguna Hills Ca,92653 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Ken Rosenfield 949-707-2600 1,466,530.90 Asphalt Paving, Curb Gutter 3/99 Strom Drain Pipe Contract Amount Type of Work Date Completed C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c State of California ss. County of Los Angeles I i On iZ-0-00 before me, Candy M. Coons, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Angus O'Brien ' Name(s)of Signer(s) .j $ personally known to me S ❑ proved to me on the basis of satisfactory evidence ;•®°••O?90000•°••••••••°°° °°°°°°m to be the person(s) whose name(s) is/are - CANDY M. COONS G subscribed to the within instrument and R v : COMM. #1195631 R acknowledged to me that he/she/they executed S = NOTARY PUBLIC-CALIFORNIA S 2 .Zo.> LOSANGELESCOUNTY 2 the same in his/her/their authorized ° My Comm.Expires Sept.5,2002 S 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. WITN S my hand and officials I. I A- ��, Como C�? Place Notary Seal Above Signfjof Notary Public ��i'•SI I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document r and could prevent fraudulent removal and reattachment of this form to another document. 2 Description of Attached Document V Title or Type of Document: Document Date: Number of Pages: ?1 Signer(s) Other Than Named Above: N Capacity(ies) Claimed by Signer I Signer's Name: _ ❑ Individual 3 ❑ Corporate Officer—Title(s): Top mb Here of rhu ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Trustee l ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313.2402•v .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-8D0-876-6827 12I11/2000 10:14 PAX. 001/002 CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 California 02648 Robert F. Beardsley, P.E. Department of Public Works Director (714)536-5431 ADDENDUM' NUMBER ONE for Beach Blvd Median Improvements CC-1143 STPLER-5181_(129) December 8,2000 Notice to all Bidders: This addendum is hereby made a part of the contract documents to the some extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications and plans: • Sheet NL Note P16. Remove the top 18" of existing soil where planting occurs. Dispose off site. Replace with approved topsoil. Finish grade shall be 4" below the top of new or existing stamped concrete,sloping 2%to the center of the median. The depth of imported soil at th&median center would be approximately 13 W. • Sheet N 1, Note P14. Palms are called out by the desired trunk heights, not the container size. All are to be container grown with the desired trunk heights accommodated by whatever container size is required to achieve the trunk height. • Lateral pipe eQing. All lateral pipe is Schedule 40 PVC and sized as per the following GPM demand: 0-8 GPM 'A 9-14 GPM 1 of 15-20 GPM 1 '/a' 21-30 GPM 31-50 GPM 2" There is no 'A" pipe. • Clarification The distance between the water meters and the median is diagrammatic on the plans. Verify exact distance on site. Addendum 1, CC-1143, December 8,2000, page 1 of 2 12/12/2000 10:15 FAX.- IM002/002 • Refer-to Appendix I, FEDERAL-LABOR STANDARDS PROVISIONS. Delete the.Federal'. Labor Rates from Appendix I and insert the attached Federal Labor Rates (22 pages). • Mandatory pre-bid meeting. Wednesday December 13,2000 in Room B-6 @ 8:00 AM @ the City of Huntington Beach,2000 Main Street, Huntington Beach,CA. NOTE: Room B-6 is on the lower level of City Hall. • Rubberized asphalt mentioned in the project description will not be required for small pothole repair. The street surface of Beach Blvd.is however rubberized asphalt. • The plant establishment period (60 days) is not a part of the 95 calendar day project schedule. • The estimated start date has been modified to February 2001, and the estimated completion date has been modified to July 2001. • Soil Preparation Delete paragraph P4 on Sheet N1 and the list of materials in the specifications, page 36, section 308-2.3.2. For bid purposes utilize the following per 1000 square feet of planting area: 6 cu.yds nitrogen stabilized organic amendment 15 Ids.-commercial fertilizer 16-6-8 200 Ibs agricultural gypsum 10 Ibs soil sulfur Uniformly roto-till the above into the top six inches of planting area All bidders shall acknowledge receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate for this project. Charles L. Davis RLA 1452 Landscape Architect Bidder Acknowledgement: Company NaFne By UDate Addendum 1, CC-1143, December 8, 2000, page 2 of 2