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TRAUTWEIN CONSTRUCTION - 1993-03-15
CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETENTION PAYMENT Date er,wsc. O© The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. ,k ~DAN T. VILLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: -y"5 A LOUIS F. SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond _has been filed. Date: CONNIE BROCKWAY City Clerk I-certify that there are no outstanding invoices on file. Date: -- DONALD WATSON City Treasurer 05741 RECOROrNG REQUESTED BY AND MAIL TO WHEN RECORDED MAIL TO: City of Huntington Beach TI � A ,�� Office of the City Clerk 2, — �6E —s _� y �, P. 0. Box 190 Huntington Beach, CA 92648 G'urnrA6A it A'f4iriz! E:n,-nrAe ,.,.. ...... .. _ '< Lee A. Eranr-h, caun,'y Recarder Pa3e i of I Fees= ter, Ta„� NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the p City of Huntington Beach, California to Trautwein Construction, 7445 Klusman Avenue, Rancho Cucamonga, CA 91730 who was the company thereon for doing the following work to-wit: Meter Box Replacement project: Water Service Contract No. 008. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: various locations throughout the City of Huntington Beach Nature of Interest: Easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of 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 Tuesday, July 6, 1993. That upon said contract the Indemnity Company of California was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 7th day of July, 1993. City Clerk and ex-officio erk of the City Council of W 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 7th day of July, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- __' plated under Government Code City Clerk _a:idT�ex-offic' Clerk Sec. 6103 and should be recorded of the City Council of e City free of charge. of Huntington Beach, California 1154K/1488K I have receivedc for �� �.��.cle<�J 7 �� � a-t-- on behalf of the Treasurer's Office. Dated By: : `T7— 7 The tnsco/D*cry Group ENW MAINTENANCE BOND BOND NO: 123654P PRF.MJ(JM: $ NIL INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, TRAUTWEIN CONSTRUCTION , as Principal, and INDEAINITY COAIPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 50/100 as Obligee, in the sum of TWO THOUSAND EIGHT HUNDRED TWENTY—FIVE 2,825.50 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) WHEMEAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective>inaterials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNF SS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly this day of AUGUST , 19 uthorized Attorney-in-Fact loth 93 INDE ITY CO Y CAMFORNIA•, TRAUTWEIN CONSTRUCTION Principal I H D. O gttorne`-]p-Fact r•_- Y _ , 333 Wilshi 6 Ave. Anaheim A 92801 � ~' (714)9994471 FORM 1CC-:1o6 RF.v.11i�/e,>�,;yy�,� City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on WSC-008 METER BOX REPLACEMENTS AT VARIOUS LOCATIONS Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . i Signature and Title h� ._ RECEIVED DEPT. OF PUBLIC WORKS JUL. 8 199 3 DECLARATION OF SATISFACTION OF CLAIMS WATER DIVISION HUNTINGTON BEACH, CA state: (Name of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the Public Works Contract entitled - p and dated f�Orc /��?'3 Bc�c f& -e t 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (If none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at IZaNe�Ao on this day of 7- . , 19 `3 U w R-0- (Si ture of Contractor) pe, & WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk THE ORILGINAL OF THIS DOCUMF-NT P. 0. Box 190 WAS RECORDm n1l i7-im_iatn Huntington Beach, CA 92648 DOCUMENT NUINID"ER 973-04195033. LEE A. BRANCH. COUNTY RFC.Op. ORANGE COUNTY REP RDER'S OFFICC V It � us i 4;1� NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Trautwein Construction, 7445 Klusman Avenue, Rancho Cucamonga, CA 91730 who was the company thereon for doing the following work to-wit: Meter Box Replacement project: Water Service Contract No. 008. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: various locations throughout the City of Huntington Beach Nature of Interest: Easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of 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 Tuesday, July 6, 1993. That upon said contract the Indemnity Company of California was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 7th day of July, 1993. City- Clerk and_ex-officio.,Q�erk of the City Council of W 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 7th day of July, 1993. This document is solely for the - official business of the City of Huntington Beach, as contem- let— plated under Government Code City Clerk and ex-officWClerk Sec. 6103 and should be recorded of the City Council of City free of charge. of Huntington Beach, California 1154K/1488K j,"je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 7, 1993 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, Post Office Box 190, Huntington Beach, California 92648 . Enclosed also is a copy of the Notice of Completion. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB:cc Enclosure - Trautweim Construction, WSC No. 008 1556K/1557K (Telephone:714-536-52271 r WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Trautwein Construction, 7445 Klusman Avenue, Rancho Cucamonga, CA 91730 who was the company thereon for doing the following work to-wit: Meter Box Replacement project: Water Service Contract No. 008. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: various locations throughout the City of Huntington Beach Nature of Interest: Easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of 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 Tuesday, July 6, 1993. That upon said contract the Indemnity Company of California was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 7th day of July, 1993. City Clerk and ex-officio erk of the City Council of tK 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 7th day of July, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- na plated under Government Code City Clerk and ex-offic' Clerk Sec. 6103 and should be recorded of the City Council of e City free of charge. of Huntington Beach, California 1154K/1488K REQUEST FOR CITY COUNCIL ACTION p Date July 6, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: ZLouis F. Sandoval, Director of Public Works li Subject: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS; WSC008 Consistent with Council Policy? [XI Yes [ l New Policy or Exception APPROVED BY CITY COU Statement of Issue, Recommended Action, Analysis, Funding Source, Alt native Actions, Attachment _Z- 6 - - CrFy CLERK Statement of Issue: Trautwein Construction has completed the Meter Box Replacement project: Water Service Contract No. 008 (WSC008) . Recommended Action: Accept the improvements and authorize the City Clerk to file the Notice of Completion. Analysis: On March 15, 1993, the City Council awarded a contract to Trautwein Construction for the replacement of meter boxes at various locations throughout the City. The construction of these improvements is now complete. Therefore, the Director of Public Works recommends the acceptance of the project and requests a Notice of Completion to be filed by the City Clerk. The following is a summary of the contract costs: Council Approved Actual Expenditures Contract Amount $ 25, 625. 00 $ 25, 625. 00 Construction Change Orders $ 2, 600. 00 $ 205. 00* Project Supplemental Costs $ 1, 500. 00 $ 0 TOTAL: $ 29, 725. 00 $ 25,830. 00 * One change order was issued for this project: Change Order Number 1; install two additional meter boxes at $102 .50 each, total $205. 00. July 6, 1993 Meter Box Replacements at Various Locations; WSCO08 Page 2 Funding Source: Sufficient revenues were authorized for this project in Account Number E-EW-PW-924-3-90-00. Alternative Actions: 1. Do not accept the improvements and direct staff on how to proceed. This will delay the normal lien process and may prompt legal action from the contractor. 2. Accept the improvements but do not authorize the filing of the Notice of Completion. This will extend the period that any subcontractors or suppliers may file liens on the project. Attachments: None LFS:JRR:DF:bb 1— TA4^ REQUEST FOR CITY COUNCIL ACTT N i- -opo y Date March 15, 1993 Submitted to: Honorable Mayor and City Council ° Submitted by: Michael T. Uberuaga, City Administrato Prepared by: F-4fouis F. Sandoval, Director of Public Works jNt Subject: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - WSC-008 APPROVED BY CITY COUNCIL Consistent with Council Policy? [X1 Yes [ ] New Policy or Exception 19,V Statement of Issue, Recommendation,Analysis, Funding Source,Alternative A ions, ac men s. Statement of Issue: Pursuant to Council authorization on December 7, 1992, bids were received on February 23, 1993, for the replacement of water meter boxes at various locations throughout the City of Huntington Beach. Recommendation Action: 1. Accept the low bid submitted by Trautwein Construction for Meter Box Replacements at various locations, WSC-008, and authorize the Mayor and City Clerk to execute the attached contract in the amount of $25, 625. 2. Authorize the Director of Finance to encumber $1,500 for anticipated supplemental expenses. 3. Authorize the encumbrance of an additional $2, 600 for anticipated change orders. Analysis: On December 7, 1992, the City Council approved the contract documents for the Meter Box Replacement Project Water Service Contract WSC-008, and authorized staff to solicit construction bids. The project involves the replacement of 250 deteriorated concrete water meter boxes. This is the third year of a five-year program. Replacing the damaged meter boxes will eliminate tripping hazards, thus reducing the City's potential for liability claims. Bids as summarized below were received and opened on February 23, 1993 . CONTRACTOR BID 1. Trautwein Construction $ 25, 625. 00 2 . Amick Construction $ 29, 000. 00 3 . Coral Pipeline $ 31, 250.00 l P10 5/85 March 15, 1993 Meter Box Replacements at Various Locations: WSC-008 Page two 4. D W M Construction $ 36,250. 00 5. L G T Enterprises $ 37,475. 00 6. Wick Helmandollar Construction $ 40,225. 00 7. Metro Building & Engineering Group $ 43,500. 00 8. F A V $ 43,750. 00 9. Atlas Allied $ 45,250. 00 10. Ryco Construction $ 47,750. 00 11. National Electric Contractors $ 49,760. 00 12. Tomar Engineering $ 52,500. 00 13. DEWCO General Contractors $ 59, 250. 00 14. Excel Paving $ 59,500. 00 15. Wakeham-Baker, Incorporated $ 73,500. 00 Engineer's Estimate $ 50, 000. 00 Staff has reviewed the bids and recommends the acceptance of the Trautwein Construction bid. Additionally, because staff is not authorized to encumber funds for incidentals without Council approval, the Director of Public Works recommends that the Director of Finance be authorized to encumber $1,500 for the anticipated project incidentals. Finally, to cover unforeseen changes in the work construction, staff recommends that the City Council authorize an additional $2 , 600 (10% of the bid price) to cover these instances. Funding Source: Contract Amount $ 25, 625. 00 Anticipated Change Orders $ 2, 600. 00 Supplemental Expenses $ 1, 500. 00 Total Project Budget $ 29,725. 00 Project Account: E-EW-PW-924-3-90-00 Sufficient unencumbered revenues are available in the above account to cover project costs. Alternative Actions: Reject all bids and direct staff on how to proceed. Attachments: Previous Council action December 7, 1992 . LFS:JRR:DFF:bb CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRAUTWEIN CONSTRUCTION FOR METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) THIS AGREEMENT is made and entered into on this 6th day of April 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and TRAUTWEIN CONSTRUCTION, a sole proprietorship, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the installation of the meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from 21:AJFk 1 any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s . ) 2 . ACCEPTANCE OF CONDITIONS OF WORK• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. 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 21:AJFk 2 said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything 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 21:AJFk 3 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 of Twenty Eight Thousand Two Hundred Fifty-Five Dollars and no/100 ($28,255) , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within forty-five (45) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement . 21:AJFk 4 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by 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 21:AJFk 5 condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the 21:AJFk 6 contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent ($100) of the contract 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 workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability 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. 21:AJFk 7 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 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 Two Hundred Fifty and No/100 Dollars ($250. 00) per day for each and every working day' s delay in completing the work in excess of the number of calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the 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 . 21:AJFk 8 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 claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 21:AJFk 9 12 . DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the 21:AJFk 10 bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as 21:AJFk 11 determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this Agreement. 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering 21:AJFk 12 disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §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 21:AJFk 13 comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance 21:AJFk 14 shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. 21:AJFk 15 The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a 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. 21:AJFk 16 23 . DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. 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 21:AJFk 17 excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. §1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City 21:AJFk 18 Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. TRAUTWEIN CONSTRUCTION, a sole CITY OF HUNTINGTON BEACH proprietorship a municipal corporation of the State of California Mark Trautwein, Owner Mayor ATTE , APPROVED AS TO FORM:''//>> City Clerk ' t At ney' � -�-.� l s ZEWEDAND ITI TE PP VED: Administrator Direc or of Public Works 21:AJFk 19 I have received Performance & Payment Bonds for Trautwein Construction, Meter Box Replacements at Various Locations, WSC-008 on behalf of the Treasurer's Office. Dated By: I n S C -IC-0 PERFORMANCE BOND — PUBLIC WORK Bond No. 123654P $706.00 premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, TRAUTWEIN CONSTRUCTION As Principal,and INDEMNITY COMPANY of CALIFORNIA,a corporation duly authorized underthe laws of the State of California to become surety on bonds and undertakings, as Surety,are held and firmly bound unto e P 1 eg TO FOP,1 CITY OF HUNTINGTON BEACH G.".TL HUTTv2i CI Y nTTOIiEY DePli ' �YAttOrOM�bligee In the I and just sum of TWENTY-EIGHT THOUSAND TWO HUNDRED FIFTY-FIVE AND NO/100Dollars, ($ 28,255.00 - - - - - - - - ) lawful money of the United States of America,to be paid to the said Obligee,successors or assigns;for which payment,well and trulyto be made,we bind ourselves,our heirs,executors,successors,administrators and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such that:whereas the above bounden Principal has entered into a contract,dated March 17, 119 93,with the Obligee to do and perform the following work, to-wit: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) as is more specifically set forth in said contract,to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 29th day of MARCH 19 93 TRAUTWEIN CONSTRUCTION INDEMNITY COMPANY of CALIFORNIA Principal BY M CHAEL D.� STO Attorney-in-Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 ID 026 Rev.7/92(CAUFORNIA) PAYMENT BOND — PUBLIC WORK Bond No. 123654P Premium included in Performance bond. KNOW ALL MEN BY THESE PRESENTS,That TRAUTWEIN CONSTRUCTION as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized Afansacj a"general�siiifldy business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH ` Tawas Obligee in the sum of TWENTY-EIGHT THOUSAND TWO HUNDRED FIFTY-FIVE AND NO/l0Ct)ollars($28,255.00 - - - - - - - ) for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a contract, dated MARCH 17, 19 93 ,with the obligee to do the following work,to wit: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) Now,therefore,if the above bounded Principal,contractor,person,company or corporation,or his or its sub-contractor,fails to pay any claimant named in Section 3181 of the Civil Code of the State of California,or amounts due under the Unemployment Insurance Code,with respect to work or labor performed by any such claimant,that the Surety on this bond will pay the same,in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a -I reasonable attorney's fee,which shall be awarded by the court to the prevailing party in said suit,and attorney's fees to be taxed # as costs in said suit. i This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a ! right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code,Sections 3247-3252 inclusive,and all amendements thereto. Signed and Sealed this 29th day of MARCH 19 93 TRAUTWEIN CONSTRUCTION INDEMNITY COMPANY of JCALIFORNIA Principal Qw rum By MI HAEL D. STO G, Attorney-in-Fact 0 17780 Fitch Irvine, California 92714 (714) 263-3300 1D 028 Rev.2/91 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 128062 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 i ,tr rnty herer grar,a.'s^al!„ anv eve.t termirate on trip 31st day n'kla,cr 199' Cr 4itnr,Iey:s void if altar_.. ., [snv port,:n;s erased r A,ttcrney.s voie unless ire seal is reacabie.tha rent is in brown ink the sig,1--i r?s are n blue ink and this notices,n red,nK Fower of arorriey sroulo not be rarurneo'o the Artorneyf si-in-Fact.but should remain a permanent oar*of the obligee's records KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly.hereby make,constitute and appoint ***Michael D. Stong*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500.000) in any single undertaking,giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary.requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attornev do not extend to any of the following bonds.undertakings or contracts of suretyship- Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,sett-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by'the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the Corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed_ by their respec- tive Presidents and attested by their respective Secretaries this list day of April,1992. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY r , By r By r Da F.Vincenti,Jr. _ DaMA F.Vincenti,Jr. If President �p AN Y President xN su,94 �O40pPOR,Ir�'O 4'PO gtFOg4r'1O ATTEST a OCT.5. ATTEST W NAR.27 °c fQ0.���',r By A4*1,t.,dez By A 14 fA Zo IeZ Walter Crowell Walter rowel) :. Secretary - Secretary STATE OF CALIFORNIA) - - SS. COUNTY OF ORANGE ) _ On April 1,1992,before me,Tlresa Taatua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose names)IWare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their autfto capacMies),and that by his/her/their signature(s)on the instrument the persorift or the entity upon behatt of which the persons)acted executed the Instrument. WITNESS my hand and seal.ffi i 1 o c a HMM O�MMee4e-- r y -OFFIC AL SMA - Signature �a` e-7` f _.`, N . ' . �F ESA TAAFUA NOTARY PUBLIC•CALIFORNIA, „ .� 4 0RMICPALOFFICE W :� .. My Cannnsion Exp.Aug.4.INS CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY Of CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hieni4 certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate Is executed in the C of Irvine,California,this 9 f+ , KY ?day MAR[:H ,199�3. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �Gfs r4 ANY tN SUq By \S i OCT.5, w Sy //_!<� o. MAR.21. o L. .Fiebi er 19T9 e L.C.Fiebiger 186t o s 9 Senior Vice President rFQ 4��\sa Senior Vice President e ' if 0 ID-310 REV.11/92 j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY April 6, 1993 CITY CLERK Trautwein Construction 7445 Klusman Avenue Rancho Cucamonga, California 91730 RE: Construction of Meter Box Replacements at Various Locations PROJECT WSC-008 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . 6XOCs a4R Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone:714-536-5227) r t . f� r 1 ISSUE DAIS(MM/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SCHRIMMER INSURANCE AGENCY INC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 120 E I.A HABRA BLVD SUITE 101 POLICIES BELOW. P O BOX 788 COMPANIES AFFORDING COVERAGE LA HABRA,CA 90631 �R Y A CNA DJC COMPANY 9 INSURED LETTER Trautwein Construction COMP C 7445 Klusman Avenue Rancho Cucamonga,CA 91730 �R Y D COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECINE POLICY EXPIRATION L WITS TR DATE(MM/DD/YY) DATE(MMIDONY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPtOP AGG. $ 1,000,000 A ctAm+mADE[X OCCUR 507825092 12/01/92 12/01/93 PERSONAL aADv.INJURY $ 1,000,000 X OWNERS&CONTRACTORS PROT EACH OCCURRENCE E 1,000,000 FIRE DAMAGE (Any one Are) t 50,000 MED.EXPENSE(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE X ANY AUTO LIMIT t 1,000,000 X ALL OWNED AUTOS BODILY INJURY A X scmmuLED AUTOS 307825093 12/01/92 12/01/93 (P-Pe _ feO") X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS ApFR j E) AS TO F. P.M (PereCdent) GARAGE LIABILITY Or;II. 'r_J .'.Y. - L ttorney PROPERTY OHMAGE $ EXCESS LIABl �� 0 EACH OCCURRENCE $ AGGREGATE s OTHER THAN UMBRELLA FORM :•::ri:E::;:':::;::•::::• WORKERS COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 A AND WC21^939^32 12,/Ol/92 12!t►?/93 DISEASE—POLICY LIMIT $ 1,000,000 EMPLOYERS' LL48LFTY DISEASE—EACH EMPLOYEE E 1,000,000 OTHER DESCRIPTION OF OPERATIONSA.00ATKONS/VEHICLM/SPECUIL ITEMS JOB:METERBOX REPLACEMENT#WSC-008 ,..:: W. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ADDITIONAL INSURED: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AN 0SAVMxzo CITY OF HUNTINGTON BEACH f• MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET ;• LEFT, XMPWPr=M=M=KX=9=5XZl x x" HUNTINGTON BEACH,CA 92648 ATTN: DAVID FIKE f ! RED REPRESENTA :..• : • Issue DATE(MM�/YY) ' 04/Ol/93 INER PRODUCEN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SCHRIMMER INSURANCE AGENCY INC POLLS NOT ES BL AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 120 E LA HABRA BLVD SUITE 101 P O BOX 788 COMPANIES AFFORDING COVERAGE LA HABRA,CA 90631 �R""A CNA DJC COMPANY B LETTER INSURED COMPANY C Trautwein Construction LETTER 7445 IGusman Avenue AN Rancho Cucamonga,CA 91730 � D COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF NSUR/II10E POLICY NUMBERDATE POLICYEFFECTIVE TE � UNITS L7RREHERAL LIABSJTY GENERAL AGGREGATE f 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS4X)MPA)PAGG. f-- 1,000,000 A CLNMS MADEa OCCUR. 507825092 12/01/92 12/01/93 PERSONA.&ADV.INJURY f 1,000,000 X OWNERS A CONTRACTOR'S PRO EACH OCCURRENCE f 1,0009000 RRE DAMAGE(Any ons") f 50,000 MED.EXPENSE(ANY one pwwr4 f 5,000 AUTOMOBIJ[LMBLM COMBINED SINGLE X ANY AM LIMIT 1,000,000 f X ALL OWNED AUTO BODILY INJURY f A X sa mxED Aurae 307825093 12/01/92 12/01/93 (P-P-sO") X mwo AUTOS 8001LY INJURY X NONOW ra NED AUTOS gppFOV01? AS i0 F PH:. (P-accid 4) f GARAGE LIABILITY v+-_,r j,ttorney G 4I TI. PROPERTY DAMAGE f ( :T torneY IXCESS 11ABILTTY U O e� EACH OCCURRENCE f I^ 1-7 AGGREGATE i OTHER THAN UMBRELLA FORM i \sC:: •t:r.t::::< :�:%'��� ��%::#•ko..: }'' ..�.: ...>.•:v:;:;{:::�......... :nf�:ii:{wry iti>.•4:ti?tivi:•: STATUTORY U�TS <:{:•'••.:c: 'r:'xz::o:s:::::::;::< IIY'ORKER d COYPENISATgN ..^•..�t>%<%�:::::'rf'i:: : EACH ACCIDENT f 1000 000 A AND WC11^939^32 1Z/Ql,/92 1?/Q1/93 DISEASE-POUCYLIMIT f 1,000,000 EMPLOYERS'L4IBILNTY 1,000,000 aSEASE—EACH EMPLOYEE f 1,000,000 OTHER DESCRIPTION OF OPEM'nO"&A.00ATIONSNEHICLES SPECIAL ITEMS JOB:METERBOX UirPl ACEMENT#WSC-008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ADDITIONAL INSURED: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ]Bh tX]w CITY OF HUNTINGTON BEACH MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET LEFT, xM=MwNxwwffx5w= xw HUNTINGTON BEACH, CA 92648 '� " °` �"��`�'� 7°�' � ATTN: DAVID FIKE FIZED REPRESENTA REQUEST FOR CITY COUNCIL ACTT [- -oPu) v Date March 15, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato �. T Prepared by: 0420f-ouis F. Sandoval, Director of Public Works Subject: METER BOB REPLACEMENTS AT VARIOUS LOCATIONS - WSC-008 APPROVED BY CITY COUNCI; 3- IS Consistent with Council Policy? [XI Yes [ ] New Policy or Exception 19A Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Ackions, ttac men Statement of Issue: Pursuant to Council authorization on December 7, 1992, bids were received on February 23, 1993, for the replacement of water meter boxes at various locations throughout the City of Huntington Beach. Recommendation Action: 1. Accept the low bid submitted by Trautwein Construction for Meter Box Replacements at various locations, WSC-008, and authorize the Mayor and City Clerk to execute the attached contract in the amount of $25,625. 2 . Authorize the Director of Finance to encumber $1,500 for anticipated supplemental expenses. 3 . Authorize the encumbrance of an additional $2, 600 for anticipated change orders. Analysis: On December 7, 1992, the City Council approved the contract documents for the Meter Box Replacement Project Water Service Contract WSC-008, and authorized staff to solicit construction bids. The project involves the replacement of 250 deteriorated concrete water meter boxes. This is the third year of a five-year program. Replacing the damaged meter boxes will eliminate tripping hazards, thus reducing the City's potential for liability claims. Bids as summarized below were received and opened on February 23, 1993. CONTRACTOR BID 1. Trautwein Construction $ 25, 625. 00 2 . Amick Construction $ 29, 000. 00 3 . Coral Pipeline $ 31, 250. 00 P10 5/85 March 15, 1993 Meter Box Replacements at Various Locations: WSC-008 Page two 4. D W M Construction $ 36,250.00 5. L G T Enterprises $ 37,475.00 6. Wick Helmandollar Construction $ 40, 225. 00 7. Metro Building & Engineering Group $ 43,500.00 8. F A V $ 43,750.00 9. Atlas Allied $ 45,250. 00 10. Ryco Construction $ 47,750.00 11. National Electric Contractors $ 49,760.00 12. Tomar Engineering $ 52,500.00 13. DEWCO General Contractors $ 59,250.00 14. Excel Paving $ 59,500.00 15. Wakeham-Baker, Incorporated $ 73,500.00 Engineer's Estimate $ 50, 000.00 Staff has reviewed the bids and recommends the acceptance of the Trautwein Construction bid. Additionally, because staff is not authorized to encumber funds for incidentals without Council approval, the Director of Public Works recommends that the Director of Finance be authorized to encumber $1,500 for the anticipated project incidentals. Finally, to cover unforeseen changes in the work construction, staff recommends that the City Council authorize an additional $2, 600 (10$ of the bid price) to cover these instances. Funding Source: Contract Amount $ 25, 625. 00 Anticipated Change Orders $ 2, 600. 00 Supplemental Expenses $ 1, 500.00 Total Project Budget $ 29, 725. 00 Project Account: E-EW-PW-924-3-90-00 Sufficient unencumbered revenues are available in the above account to cover project costs. Alternative Actions: Reject all bids and direct staff on how to proceed. Attachments: Previous Council action December 7, 1992 . LFS:JRR:DFF:bb RECEIVED BY r t urer's Office/Date T f DATE: Tuesday, February�3, 1993 ENGINEER'S ESTIMATE: I PROJECT ENGINEER: Gene -Venn JOB AND CC NUMBER Meter Box Replacement/Various Locations; WSC-008 BIDDERS NAME TOTAL BID AMOUNT ! Accurate Construction 2. Amick Construction 0120 3. Atlas Allied AIS 10 9250 4. Coastline Construction S. Coral Pipeline 3 0 6. D W M Construction 7. DEWCO General Contractors 8. Dial Construction 9. Diamond Construction 10. Encino Engineering 11. Excel Pavin 12. F A V Y.31250 13. Gerald Gallo 14. Haitbrink Asphalt Paving 15. R. G. Helmer 16. L .G T Enterprises 4175 17. Liquid Flow 18. Metro Building and Engineering Group 19. National Electric Contractors 20. Ryco Construction 21. Tesco Controls 22. Tomar Engineering 23. Tri-Star Electric 24. Trautwein Construction �5 25. Verne's Plumbing 26. Wakeham-Baker, Inco orated '7 0 0 27. Western Industry Maintenance 28. Wick Helmandollar Construction 1 � Maria, Larry Chiechi, President, Coral Pipeline, has requested the release of this check for $3,125 given in place of a bid bond on the Meter Box Replacement/Various Locations, W66-008. I have chhcked with the City Attorney's Office and you are authorized to release the check. Maybrice L. Johnson Deputy City Clerk 3/23/93 f� - -. � — Liberty Nat`iona1Ban� 100076 One Pacific Plaza.7777 Center kve.•Huntington Beach,CA 926-7•(714)895-2929 90-3914 a Coral Pipeline, Inc. Febuary' 22 - 19 93 Re_??utter Pay to tfee Order of ****The- City of Huntington Beach**** **3,125.00** !2 0 0 ts- Cash�er's C 'c —LCX-NQa . AU wrr.rdSigy a re 11' 10007611, 1: 1222391L.LX 001 98000911' CHECK RECEIVED BY: �/� C�/% ✓�U Treasurer's Office/Date T J Liberty 1 National BtWk 1010076 r One Pacific Plaza,7777 Center Ave.•Huntington Beach,CA 92647•(714)895-2929 - 90-397aa Rie7tht7 Coral Pipeline, Inc. Febuary 22 19 93 ��22 ****The City of Huntington Beach**** $**3,125.00** Pay to the order of ? `�t i ter} wN i:+;. ? i Cashier's check 400 u!: , qudwri:ds!9natuse Ila 10007611' 1: 12 2 239 L441: 00 1 913000911' CHECK RECEIVED BY: Treasurer's Office/Date r F 1 EXPLORER INSURANCE COMPANY P.O. Box 85563 San Diego, CA 92138 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, AMICK CONSTRUCTION CO. , INC. (hereinafter called the Principal) , and EXPLORER INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of ARIZONA as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT BID *** Dollars ($ ***********) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, Whereas the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 2/23/93 for METER BOX REPLACEMENTS AT VARIOUS LOCATIONS in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be duly signed and sealed this 22ND day of FEBRUARY, 1993 AMICK CONSTRUCTION CO. INC. By: - EXPLORER NSURANCE COMPANY By G M DON C.• HILL ATTORNEY IN FACT • Explorer Insurance Company HOME OFFICE:SAN DIEGO,CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duty authorized and existing under the laws of the State of ARIZONA and having its principal office In the City of San Diego,California,does hereby nominate,constitute and appoint: GORDON C. HILL its true and lawful Attorneys(s)min-Fact,with full power and authority hereby conferred in its name,place and steed,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY.1985.which said Resolution has not been amended or rescinded and of which the following is a true,full,and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in- Fact and revoke the Power of Attorney given him or her:and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorneyin- Fact shalt be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duty authorized officers this 18th day of June, 1986. ✓�Liic Uq9� EXPLORER INSURANCE COMPANY SEAL o� a. �2 �Nr �tyv.L r President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this June 18, 1986 before the subscriber,a Notary Public of the State of California,in and for the County of San Diego, duly commissioned and qualified, came D.E. Rodri.Cks, Jr. of EXPLORER INSURANCE CQMPANYto me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the some.and being by me duly swom,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of San Diego,the day and year first above written. 1°w m-m-e OFFWK SEAL NANCY A. FAIRCHILD _ 10: ROTARY PUBLIC-CALIFORNIA �-PRUIWAL 01MICE WSAN DIEGO V"Jftiy Notary Public Mr Commissim 61a.lugs 26. 1987STATE OF CALIFORNI �S � J COUNTY OF SAN DIEGO I,the undersigned, James W. Austin III, Secretary of the EXPLORER INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect,and has not been revoked. IN WITNESS R F, f have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this ofC<L EXPLORER INSURANCE COMPANY -4 n; cR�rP n �iiL S E��L a� y 2. / Secretary • f California: 23172 Plaza Pointe Drive CBIC '* ' BID BOND Suite185 Laguna Hills,CA 92653 CONTRACTORS BONDING (800)274-9733 AND INSURANCE COMPANY (771144) 770-9805 FAX BondNo. CA1717 Premium included in Bid Bond Service Undertaking KNOW ALL MEN BY THESE PRESENTS: That we, ATLAS ALLIED, INC, as Principal,(hereinafter called the"Principal"),and Contractors Bonding and Insurance Company of Seattle,Washington,a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"), in the sum of TEN PER CENT OF AMOUNT BID not toexceed EIGHT THOUSAND TWO HUNDRED FIFTY & NO/100---------------------------------— Dollars ($8,250.00 ), 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 abid for METER BOX REPLACEMENT AT VARIOUS LOCATIONS IN HUNTINGTON BEACH, WSC-008 CD DATE: 2/23/93 OW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in :cordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good id sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution ereof,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 e Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the bligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, herwise to remain in full force and effect. gned and sealed this 19TH day of FEBRUARY A.D.19 93 ATLAS ALLIED, INC. (Seal) Principal Witness Eva Siciliani — Sec./Treas. Title Surety:Contractors Bonding an ance pany By Witness BARBARA THIEL, Attorney-in-Fact Sd-100M,8-75 198717 ted in cooperation with the American Institute of Architects(AIA)by Contractors ding and Insurance Company.The language in this document conforms exactly to the uage used in AIA Document A-310,February 1970 Edition BndLHB 1.02-CA01 1993 D r I IC Home Office: I Limited 1213 Valley Street P.O.Box 9271 CONTRACTORS BONDING Power of Attorney Seattle,WA 98109-0271 AND INSURANCE COMPANY (206)622-7053 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of Washington,and having its principal office in Seattle,King County,Washington,does by these presents make,constitute and appoint BARBARA THIEL,of Laguna Hills,California,its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:(1)SBA guaranteed performance and payment bonds not exceeding the penal sum of$1 250,ODO;(2)bid bonds for jobs where,ff the contract is awarded,the SBA guaranteed performance and/or payment bond(s)will not exceed$1,250,000;(3)all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity,Forgery and Surety Bonds(including future amendments thereto)as Judicial,Contract(excluding bid bonds),Miscellaneous,License and Pemdt,and Federal rot exceeding the penal sum of$2,D00,0D0;(4)bid bonds for jobs written pursuant to the authority in clause(3)above where,0 the contract is awarded,the performance and/or payment bond(s)will not exceed$2,000,DD0;and (5)all other bonds not exceeding the penal sum of$5D0,DD0.Provided,however,that BARBARA THIEL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount tt equal to the around of any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond;and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary;hereby ratifying and confirming all that the said attorney-in- fact may do in the premises.Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on January 15,1991: RESOLVED that the President is authorized to appoint as attorney-in-tact of the Company BARBARA THIEL with power and authority to sign on behaff of the Company:(1)SBA guaranteed performance and payment bonds not exceeding the penal sum of$1,250,D00;(2)bid bonds for jobs where,it the contract is awarded,the SBA guaranteed performance ardlor payment bonds) will not exceed$1,250,000;(3)all other bonds coded and classified by the SuretyAssodation ofAmerica in its Rate Manual of Fidelity,Forgery and Surety Bonds(including future amendments thereto)as Judicial,Contract(excluding bid bonds),Miscellaneous,License and Permit,and Federal not exceeding the penal sum of$2,000,0D0;(4)bid bonds for jobs written pursuant to the authority in clause(3)above where,ff the contract is awarded,the performance and/or payment bond(s)will not exceed$2,000,000;and(5)all other bonds not exceeding the penal sum of$500,000. RESOLVED FURTHER that BARBARA THIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER thatthe authority ofthe Secretaryof the Companytocertify the authenticity and effectiveness of theforegoinng tworesolutionsinany Limited PowerotAtlomeyfs hereby delegated to the following persons,the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as ff signed by the Secretary of the Company:Donald Sirkin,R.L.Thiel,Charles J.Falskow,Steven A.Gaines and Janet K.Lorraine. RESOLVED FURTHER that the signatures(including certification that the Power of Attorney is still in force and effect)of the President,Notary Public and person certifying authenticity and effectiveness,and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomey-in-fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF,CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 15th day of January, 1991. CONTRACTORS BONDING AND INSURANCE COMPANY OZ%DING d N►1tt i s ` r pQS04iP0Rgj G9 rri 04 ZSEAL IN B ���: :� I Steven A.Gaines,President STATE OF WASHINGTON—COUNTY OF KING tty�SH 1 N G"N On this 15th day of January,1991,personally appeared STEVEN A.GAINES,to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the tree and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. _ FQ PN DAB07 yoN Notary Public in and for the State of Washington,residing at Seattle The undersigned,acting u e Board of Directors of CONTRACTORS BONDING AND INSURANCE s,as or in heu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY,tha Neabove and foregoing is a full,true and correct copy of the Original P03rEr sued by said Company,and does hereby further certify that the said Power of Attorney is s I in force and effect. GIVEN under my hand atGUNAS, A ,this 19TH day of FEBRUARY ,19 93 PoaBT01.05-US011591 G t THE AMERICAN INSTITUTE OF ARCHITECTS AIA DocurnentA310 Bid Bond Bond No. 39712-15 KNOW ALL MEN BY THESE PRESENTS, that we DWM Construction (Hcre Inscrt full cuunc and uddre"or Icgal title of Conuactor) as Principal,hereinafter called the Principal,and Contractors' Surety Company (Here Insert fuU name and address or legal title of Surety) a corporatlon•duly organized under the laws of the State of California as Surety,hereinafter called the Surety,are held and firmly bound unto City of Huntington-Beach (He(e Insert fuU name and oddness or legal title of Owner) as Obligee,hereinafter called the Obligee,In the sum of Seven.-Thousand- Five Hundred and 00/100s---------------- Dollars($ 7,500.00--), 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 asslgm.Jointly and severally,firmly by these presents. WHEREAS,the Princlpal has submitted a bid for (Fiore Insert full name,address and description of project) Meter Box Replacement 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 to(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 004gee the difference not to exceed the penalty hereof between the amount specified In sold bid and such larger amount for which the Obligoo 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 fuU force and effect. Signed and sealed this 22nd day of February 19 DWM Constructio fPr op (Seal). (Witness) (Title) Contractors' Surety Company }� Surety) (Witness) - 4fr F. e) Attorney-In-Fact ALA DOCUMENTA310•BID BOND•ALA a•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. N.W.,WASHINGTON. D.C. 20006 1 ' CONTRACTORS' SURETY COMPANY Home Office-6406 Wilshire Boulevard,Suite 850 Los Angeles,California,90048, (213)653-4058 POWER OF ATTORNEY N° 0 419 - CS j KNOWN ALL MEN BY TNFSE PRESENTS: That,CONTRACTORS'SURETY COMPANY,by Erik Rhulen,its Vice-President,in pursuance of authority granted by Resolution of its I oard of Directors by unanimous written consent,on the 15th day of November,1991,which said Resolution has not been amended or res,inded and of which the following is a true,full and complete copy: g "RESOLVED:That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company,and either the President or any Vice-President,the Board of Directors or Executive Committee may at any time remove such Attorneys in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED:That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President or any Vice-President and sealed and attested by the Secretary." does hereby nominate,constitute and appoint JPT'PRI:Y It. GRYhR ALFRED F. BANE JRANETTE A. FED►'RICO its tru and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,as surety,and as its act and deed Contract, Lice ,and Disciplinary Bonds in an amount not to exceed$650,000. IN WITNESS WHEREOF the said Vice-President has hereunto subscribed his name and affixed the corporate seal of the said CONTRACTORS'SURETY COMPANY,this 22nd day of Febniary AD., 19__23 CONTRACTORS'SURETY COMPANY izt=ALLY 2601 } BY Erik Rhulen,Vice-President i STA�F CALIFORNIA ) CO OF LOS ANGELES) On this 22nd day of hrilax:y AD., 19 93,before the subscriber, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified, came the above named Vice-President,of CONTRACTORS'SURETY COMPANY,to me personalty known to be the individual and officer described herein and who q'xecuted the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. y IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of Los Angeles,the day and year first above, OFFICIAL SEAL PILAR M. LANDETA NOTARY PUBLIC.CALIFORNIA S -) PRINCIPAL OFFICE IN Los AN6ELE8 COUNTY BY •(�.W L My Commission Expires July 23,1993 Notary Public I,the undersigned,Marvin L.Tepper,Secretary of CONTRACTORS'SURETY COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. z IN WITNESS WHEREOF,I have hereunto subscribed my name as Marvin L.Tepper,Secretary,and affixed the Corporate Seal of the Corporation this 22nd day of February 19 93 r,' PF09 COc :U: 19T t c+(IFpPl' � a FM 19-5002-CS(3/92) Manin L.Tepper,Secretary>ary 3 4(- C �n inen,tal lnsouratnce. BID BOND KNOW ALL MEN BY THESE PRESENTS: That, ........_. . ........DEWCO GENERAL CONTRACTORS & DEVELOPERS ............................................................................................................................................... ...................................................................................................................................... ................................................. of .................... .... ..........A..N.A1EIM.................................. ........................... . State of.............CALIFORNIA........................... ......... .. hereinafter called the Principal, and_......,.FIREMEN' ... FIREMEN'S INSURANCE COMPANY OF.NEWARK. NEW JERSEY *...................................................................... .............. ................................... hereinafter called the Surety, are held and firmly bound unto..............I.......................................................................... ..........I............................................UTY..U..RUNTINUMAigA.C.15............................................................................. ............. ................ .......I.......... ...................................................................................................................................... of .......HjjNTINGTON BE ............C.............R........................ AQlj State of ALIFONIA hereinafter called the Obligee, in the sum of.........TEN"P,E,RCENT"0,F THE. ,TOTAL*LAMOUNT,U,N,T BID --------------10%---------------- ..............Dollars; ............................................................................................................................................................ for the payment whereof to the Obligee..........the Principal binds.....ITS......................................heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these presents. Signed, sealed and dated this ..... 18TH FEBRUARY 93............................ day of........................................... 1 19 ......... Whereas the Principal is herewith submitting the accompanying bid dated .......f:E�RUARY 2,3 1,993 for...........METER..BOX..REPLACEMENT.S..AT..VARIOUS..L.O.C.ATION.S..... ...................................................................... ................W.S.C..008....I....................... ...............I............................................................ ............................................... Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties,as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. DEWCO GENERAL CQNTfRGA010RS--&—__D`E OPERS ............... f...... .. ............... .................... (Seal) Principal David E. Walser By: ..................................................... FI....ME.N.'.S..INSURANCE..COMP*ANY..OF-NEWARK.,_NEW.JERSEY /11u�re�y BY: ..... ........................................... .... D. J. PICARD Attorney Bond 1264D Printed in U.S. Firemen's Insurance Company of Newark, New jersey GENERAL POWER OF ATTORNEY Know all mien by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSI has made,constituted and appuiriled,and by these presents does make,constitute and appoint D. J. Picard, Anaheim, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaken, and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted b the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW)ERSE Y at a meeting duly called and held on the 131h da of January, 1989: `RESOLVED.that the Chairman of the Board•the vice Chairman or the Board,the President.an Executive Vice President or a Senior Vice President or a Vice President or its Compam.be.and that each or am•of them l,ereht is.auf]tt)6zt-d io ekmufe Flowers of Anornev qualiivinR the attorney nanwd in the Riven Po.yet ni Anome%to e%rcufe in behalf c,t fli FIREto[N'S INSURANCE COMPANY OF NEWARK.NEW IFRSF 1' I>nnds,undenakings and all conitaiis or suretyship and that an Akiim,int Vice Prt•udt•ni a Secretary of an Ayw.tar Secreuri,be,and that each or anv of them hereby is.aulhunred to auest the execution of anv such Pcm er of Atiornev.and to attach thereto the seal of the Company. FURTHER RESOLVED.that the signatures of such omrcers and the seal of the Companv may be atfryed to am such PO,s er of Atiornes or to am c ertrnc an•relaf tng then Hn bs rac—111t and an,such Powet of Attorney or cennnc afe bcarmR such facsimile signatures or facsimile seal shall Lie%and and binding upon the Cnmpan%%,hen w onno-d Arid in the future.%rth re•tN•, to an%bond.undertaking or contract of suteivshrp to%%hit h it is auac hed•' In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK.NEW IERSEY has causer)its oificial seal to he hereunin ani\,ed and these presents to be signed by one of its Vice Presidents and attested b� one of its Assistant Vice Presidents this lUtl1(frtr of March 19 89 FIREMEN"S INSURANCE COMPANY OF NEWARK. NE\,%' IERSEI Attest: D.L.Banta.Assistant Vice President ���1 „r ,'� Emil B 14eyy Vice President STATE OF COIJNECTICUT COUNTY OF HARTFORD On this lOtiday of March 19 89before me personally came Emil B. Askew . to me known. who being by me duly sworn, (fill depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW IERSEY, the corporation described in and Which executed the above instrument: that he knoyy's the seal of the said corporation: that the seal affixed to file said instrument is sut h corporate seal;that it was so affixed by order of the Board of DitgTc,4 of said corporal ion td that he signed his name thelelo by like orclt•r. DA SfLP �c 41, � ` Gloria D. eekins i ' �t13llc ? Notary Public My Cornrnission Expires March 31 , 1993 k1l" CERTIFICATE I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New )erse,, corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is novti' in force. Signed and sealed at the town of Farmington,in the State of C `� Gtf;ilted the 18TH ay of FEBRUARY 1993 a � _ C,Otnnis lane.Anistam Vitt President is cnr.nattet CHUBB GROUP OF INSURANCE COMPANIES CHUBB 15 Mountain View Road, P. 0. Box 1615, Warren, New Jersey 07061-1615 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ 1 Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), -Fay: as Principal,and the FEDERAL INSURANCE COMPANY,Warren, New Jersey,a corporation duly organized under -` the laws of the State of Indiana, hereinafter called the( Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 8 day of February , A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid, dated February 23 19 93 for Huntington Beach Meter Boxes Various Locations Project No. CA-WSC-008 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the-faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Paving Company Principal By: `3 - ��44, C.P. Brown President 'FEDERAL INSURANCE COMPANY By: A'.,& a �'q ', Do as A. Rla p Attorney in Fact PRI(TED rm 15-02.0002(Rev.4.90) M-24706 CM) u.S 11 r� a POWER OF ATTORNEY Know all Men by thesd Present, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California---------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village,Board or other body or organization,public or private;bonds to Transportation Companies,Lost Instrument bonds;Lease bonds;Workers'Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public,Sheriffs, Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors in connection with bids, proposals or contracts. - In Whineas whereof,the said FEDERAL INSURANCE COMPANY has.pursuant to Ito by-t,awa,caused these presents to be signed by its Vice President and Assistant Secretary and Its caporae aw w be fteteto this 30th day of June t9 92 Jr Z W * * FEDERAL INSURANCE COMPANY A By •ti:._ :� D.Dixon D. 'Connor vice Preskwm Asetwnt STATE OF NEW JERSEY as. A I Aunty of Somerset on Ihle 30 t h des,,d June 19 92 pe,ore me personally cams PJduvd D O•Connor lo me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE �:OIIPANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duly sworn,did depose and say that he is Assistant Secretary d th =EDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the not affixed to the foregoing Power of Attorney Is such corporate seal and was thereto affixed by authority of the By Am of sold :ompary,and that he signed sold Power of Attorney as Assistant Secretary of said Company by like authority:and that he is acquainted with James D.Dixon and knows him to be the Vice President of said Company. and that the signature of a"James D.Dixon subscribed to sold Power of Attorney is in the genuine handwriting of sold James D.Dimon and was thereto subscribed by authority of said By-laws and in deparent's preserve. Jotarial Seal �NntrrhyJ -` L4t* ; Acknowledged and S n to beloro me' qn thedete wrien.Jai 'AWCHAK Notary Public .r1 Notary Public, Stales of lee,+ /tswF� CERTIFICATION ♦ No. 2091352 STATE OF NEW JERSEY Commission Expires A*-"I MA jounty,of Somerset as. 1,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the Bylaws of the said Company as adopted by Its Board of Directors n March 2,1990 and that this Bylaw is in full lorce and~. "ARTICLE XVIII. Section 2.AN bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or in charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designstiorn,except that arty one or more officers or attorneys-intact designated in any resolution of the Board of Directors or the Executive Committee,or in arty power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section a As powers of attorney for and on behalf of the Compary may and shale be exeeulod In the ryrtr and on behalf of Itio Company,either by the CNtairnan or the V'vs Chairman or the President or a Vice Prasidsrx or an Assistant Vice president.jointly with the Seem"or an Assistant Secretary,under their respective desipnMions This signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,Vice Chairman,President.any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attorney or to any cenifieab relating thereto appointing Assistant Someone*or Arlomays-in-Fact for purposes only of executing and anestirg bonds and undenakings and other writings oblg"in the nature thered,and ary such power of attonriey or eenifices bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." 1 further oertify,that said FEDERAL INSURANCE COMPANY is duty licensed to transom fidelity and surety bus'is In each of the States of the United States of America.District of Columbia,Puerto Rico,and each of the rwAnces of Canada with the exception of Prince Edward Island;and Is also duty licensed to become sole surety on bonds,undertakings,etc.,permitted or required bylaw. I,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren,N.J.,this 8 day of February ,9 93 o� qL R n r/C Asslstont acreteiry u.� # ,t D{AME` PRINTED win1S-ID-01 ev 4-90)GENERAL(FORMERLY 21•,D-0333) USA BOND #50261-29 • I)1U 130111) l'r i I 1 c i pa 1 , a rnl INDEMNITY COMPANY OF CALIFORNIA a r, S►ire! y, Iniof1y and nevera11y, bled ourselven our heirs, i opronent:at- Ives , Huccennors and assigns, as set- forth herein, t n t-ho ' CITY OF IIUNTING'1'011 BEACH (herein called owner) for payment of the penal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID---------------------------------------- ------------------------------- Dollars ($ 10% OF BID------------------ ) r 1 iwfiiFmoney 0f t_l1e- UnI red States. Pr1ncIpal llas eiibm ed LI►e accompanying bid for the construction of "METER BOX REPLACEMENT AT VARIOUS LOCATIONS, PROJECT #WSC-008" If the Principat In awarded the contract and enters into a written contract, in the form prescribed by the owner, at the price denlynated by his bid, and files two bonds with the Owner, of- substitute security in lieu thereof, one to guarantee payment: for labor and materials and the other to quarantee faitlifcil performance, in the time and manner specified by the Owner. , and carries all Insurance in type and amount which conforms to the contract, documents and furnishes required certificates and endorsements thereof, then this obligation shall be Trull and volcll otherwise it shall remain in full force and effect. Forfeiture of this bond, or airy deposit made in lieu thereof, •slwill not prectude the Owner from seeking all ' other remedies provided by law to cover losses sustained as a result of the Principal ' s failure to do any of the foregoing. C y . of 11unt- inclton 1101ch (W- 1110-200-01 cmU )Ao 111d lloncl - I cif 2 pr i IIc, i pa 1 and Su ret-y agree that i f the Ow►ier. is • reyu i red t.<> the sArvicos of an attorney in cut►r►PCt-1011 with them Enforcement of this bond, each shall lay owner's reasonable attorney ' s fees incurred with or without suit. Fxecuted on FEBRUARY 19 ^, 19_93 FAV ENGINEERING - PRINCI PAI, (Sez i If C'orporat i nn) By -------- Title 4h'� (Attach Acknowledgment of Authorized Representative of Principal ) Any claims under this bond may be addressed to: INDEMNITY COMPANY OF CALIFQRN2A (name and address of Surety) 1425 W. FOOTHILL BLVD,,_SUITE 12n UPLAND, CA 91786 STONG/QUIGLEY INSURANCE SERVICES, INC. (name ar►d address of Surety 's agent for service of process in 101 COLUMBIA, SUITE 170 califorr►ia, if different from --- -------------------------- above) ALISO VIEJO, CA 92656 (714)362-9208 (telephone number urety Is ----�--- -- agent in Ca ka) (Attach Acknowledgment) IN OF C ORNIA SURETY 8y - (A torney �i Fac^ MICHAEL A. 0 LEY 11 O'1'i C:E: NO substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. ' c'ity of Hunt ir►gtoil Beach (W-1110-200-01 t' 1 1 2 0 1 AC 111 d 11bnd 2 of 2 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA N2 099818 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1993. 2. This Power of Attorney is void if altered or if any portion is erased 3. This Power of Attorney is void unless the seal Is readable,the text is in brown ink,the signatures are in blue ink and this notice Is In red ink. 4. This Power of Attorney Should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***MICHAEL A. QUIGLEY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the atorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this list day of April,1992. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 0,�J, ��gyr By 7 Dent F.Vincenti,Jr. Dante .Vincenti,Jr. resident Mp AMY resident \N s uR � �Pspp F 0 R4,�o 'A.t e^ i a � MAR 2T, " 17 ATTEST OCT� w ATTEST ,,, ; ISO o 1978 � By B Ci V '��/� �n'(,rO p♦\+\� (/I/✓'i` o n'(1r0aN\'T y Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. %PNTY OF ORANGE ) On April 1, 1992, before me,the undersigned,a Notary Public in and for said State, personally appeared Dante F. Vincenti,Jr.and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Companv of California and as President and Secretary on behalf of Developers Insurance Company.the Corporations therein named.and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. ♦ OFFICIAL SEAL _ TIRESA TAAFUA Signature— — — - -- — -------- • '♦ =^ NOTARY PUBLIC•CALIFORNIA _ Notary Public � PRINCIPAL OFFICE IN ORANGE COUNTY s My Commission Exp.Aug.4,1%5 2 Nt• CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore.that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed In the City of Irvine.California,this 19TH day of FEBRUARY 1 199 3 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ,AP ANY �NSUq By z OCT S, T gy ---------✓�f w MAR 27, p L.C.Fiebiger ,�,i 19C7 o L C.Fiebiger �— 1879 i Senior Vice President y�+t7r0A♦`+? Senior Vice President o +7irpa♦'? ID-310 REV.3/92 4, AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA � BOND N0. 002002990 PREMIUM Premium included in bid bond service BID DATE 2/23/93 PUBLIC WORKS BID BOND Know all men by these presents: That we, L G T ENTERPRISES (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of Ten percent(10% )of the bid amount, but in no event to exceed Five Thousand and 00/100 Dollars ($ 5,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, 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 METER BOX REPLACEMENTS AT VARIOUS LOCATIONS HUNTINGTON BEACH, CALIFORNIA NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sufficient proof by Obligee of acceptable financing for the project, and the Principal has, within such time as may be specified, (but in no event later than 60 days after such award), 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 between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void;otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 18th DAY OF February, 1993. L G T ENTERPRISES P6nc i p a Name .IY INS W► B �•'��Cl� f Signature b CO _� � fv AMWEW SU INSURANCE COMPANY ��uFwew� By. -- THEODORE HER Attorney-ii -Fact UN-A3017 9/92 VIR HBO BEER NOMMMUMM-Mu BEEN Room ®anl�®®If3V®OEM gum®®ILY®� FaFa JIIq�F�llr�if a��F1F"�� �F711Ga FillpnlM1"1Fapl��•rJl� .STFaR'T IOIIP�TIG�ILi�h7lnnn BEEEEARRR® HEARRRRRRR99ARR®9911 BOND NUMBER POWER NUMBER N C T V A L I C F CR BOND 002002990 0 d 0 1 ra i o - ci -E5 EXECUTED ON OP. AFT 12-16-93 PFWALSUM This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company,a California corporation (the "Company"), does hereby make, constitute and appoint: THEODORE HERTZ AS AN EMPLOYEE OF AM-WEST SURETY INSURANCE CCMPANY its true and lawful Attorney-in-Fact,with limited power and authority for and on behalf of the Company as surety, r to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: ® - Bid Bonds up to $''M1 ,000 ,000 . 00 ® ® Contract (Performance & Payment ) , Court, Subdivision $-_*1, 000,000.0_ ® License & Permit Bonds up to $;=M1,000, 000 . 00 ® ® !"isceiLaneous Bonds up to $**1,000,000 .00 ®®No SmaLL Business Administration Guaranteed Bonds up to $*--1,250,000 .0 try®®® no ® . ®NE ® Bid Bond M®®®© and to bind the Company thcreb�. This appountn-ient is mace under and by y� authority- of the By-Laws of the ®=R©� Company, which are now in full force and effect. � �C GFff�`F ®o CERTIFIC ATE 1, the undersigned sC�rctar}' of Arny�cst SurEty Insurance Company, a California corporation, R®®aR ED DO HEREBY CERTIFY that this Poi:cr of.AttornCV remains i;: full force and effect and has not been revokcd 9�A�� and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant R®®® provisions of the By-Laws of the Company, arc no%v, in full force and effect. ` nag� ® Signed and sealed at Los Angeles this 18th day of February I993 ® 00��� 00 0019732Z - 55 5is�f_�sj;. �}�®® }:arch t, Lhen, tiecrctar� M :� �.��✓yVl �_:� - :�f.3^_r �e' v�.•.+.e.�.e.+v��.nw_.c_:.'"`,, ' .., �,�_;s.: ®®n Bug FINE Resolutions of the Board of Directors °���.Y � This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Co—_pany at a mec:lrig duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds-, and said officers may remove any such attomey-in- fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required)by any Secretary or Assistant Secretary; or 00 when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or OR)when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of December, 1990. 1 N S LI ..... . �•�2� O 2 �J.;�pP Rq�•�F�% o= —N W: �,�y .•�/FORS.•`r�'�` John E SX,age resident Karen G. Cohen, Secretary STATE OF CALIFORNLA, COUNTY OF LOS ANGELES On this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the individuals and officers of Amwest Surety Insurance Cornpan-y, w•ho executed the above instrument, and they have acknowledged the execution of the same,and bean,by me duly sworn, did se\-erally depose and sa that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the cc---cr1,, n- and that said corporate seal and their signatures as such officers %were duly affixed and subscribed to the said instrument by :..e au:lioriiy of the Board of Directors of said corporation. OFFiClAL SEAL yNotcry Pubbc-Cotfomia � LUS F,NGcLES COi1hiY k';•Corl�lx Ex�''a October 22, 1993 425 Ai� -1na & .nu�l,,�-5ols, Aotarl Pt:b'.tc Restrictions and Endorsements AMERICAN MOTORISTS INSURANCE COMPANY KEMPER I I.�V1�..C• BID BOND Bond: 13SM 763 785 00 KNOW ALL MEN BY THESE PRESENTS : That We , Metro Builders & EngineersGroup Ltd. as Principal , and the AMERICAN MOTORISTS INSURANCE COMPANY , a corporation organized and existing under the laws of the State of Illinois , and authorized to do business in the State of California as Surety , are held and firmly bound unto t h e City of Huntington Beach as Obligee , in t h e s u m of 10% of the Bid .Amount Not to Exceed Six Thousand & NO/100ths ($6,000.00) DOLLARS , lawful money of the United State of America , to the payment of which sum well and truly to be made , the said Principal and Surety bind themselves , their and each of their heirs , executors , administrators , successors and assigns , jointly and severally by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH , that , if the Obligee shall make any award to the Principal for : WSC 008, Installation of City furnished meter boxes in existing sidewalks at various locations according to the terms of the proposal or bid made by the Principal therefor , and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof , with the American Motorists Insurance Company as Surety or with other Surety or Sureties approved by the Obligee ; or if the Principal shall , in case of failure so to do , pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond , then this obligation shall be null and void ; otherwise it shall be and remain in full force a n d effect . Metro Builders & Engineers Group Ltd. Signed , Sealed and Dated this By February 19, 1993 PLEASE DIRECT ALL CORRESPONDENCE TO: AMERICAN MOTORISTS INSURANCE COMPANY LOU JONES & ASSOCIATES 1855 W. KATELLA, SUITE 325 BY ' ORANGE. CA 92667 Doug Lane Attorney in-Fact AMER.ICAN MOTORISTS INSURANCE COMPANYnviona e Office: ,Long Grove, IL 60049 MSURan �nsuaance POWER OF ATTORNEY comvanes Know All Men By� These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakin exceeds ONE MILLION DOLLARS ($1,000,000.00, EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. . This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance.Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23; 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY F.C.McCullough, Secretary by J.S.Kemper,III,Senior Vice President (OVER.) STATE OF ILLINOIS SS COUNTY OF LAKE I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before as this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 4-9-96 ����.►�•������, Her y L. Riley, Notary Public 4 "OFFICIAL SEAL" 4 Marilyn L. Riley 4 Notary Public, State of Illinois My Commission Expires 419196 ► CERTIFICATION I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated July 1, 1992 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effact since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this F E B 1 9 1993 day of , 19 N.J.Zarsda, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term THE AMERICAN INSTITUTE OF ARCHITECTS Ia Bond No. FB 0265 B150 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe National Electrical Contractors, Inc. (Here Insert full name and address or legal title of Contractor) 5461 Tampa Ave. , Tarzana, CA 91356 as Principal, hereinafter called the Principal, and Pacific Casualty Insurance Company, Ltd. (Here insert full name and address or legal title of Surety) c/o Pacific Coast E&S Insurance Services, Inc. 910 Calle Negocio, Ste. 350, San Clemente, CA 92672 as Surety, hereinafter called the Surety, are held and firmly bound unto Xiry od Hunrington Beach, (Here insert full name and address or legal title of Owner) Dept. of Public Works, 2000 Main St. , Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Six Thousand Five Hundred Dollars and 00/100 Dollars ($ 6,500.00 ), 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 Meter Box Replacement at various Locations (Here insert full name,address and description of project) in the City of Huntington Beach, CA 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 such Contract and give such bond or bonds, if the Principal shall pay to the Obligie 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 22nd day of February 19 93 National Electrical Contractors, Inc. (Princi at) (Seal) (Witness) RJ (Title) Paci is Casuaktq Insurance Company, Ltd. (Surety) (Seal) (Witness) Jo ce L. Urban It e) ttorney—In—Fact AIA DOCUMENT A310• 131D BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 POWER OF ATTORNEY OF ` * INDEMNITY COMPANY OF CALIFORNIA N2 033344 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1993. 2. This Power of Attorney is void if altered or if any portion is erased 3. This Power of Attorney is void unless the seal Is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney is for bid bonds and bid undertakings only. 5. This Power of Attorney should not be returned to the Attorney(s)-Jn-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint a ***JOHN D. HUNSINGER, T. L. O'LOUGHLIN, WILLIAM C. VAN ROOY, MARY BYRNE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Seventy-Five Thousand Dollars($75,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. / IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- S tive Presidents and attested by their respective Secretaries this 1st day of April,1992. ` INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY .' By VJ ` By V�tAA�XUr r Dart F.Vincentl,Jr. Dant .Vincenti,Jr. rV President ,,f,ANy resident \N S uq L �G`OPP0R4,, C) Q 4, W0R,lyO t^ ATTEST 0CT S. ATTEST WAR 27, o d 1967 a 1979 0 By G�G�rt/ 4in4riroa+xy.? By Walter Crowell °n�yirpaH�r� IV/ (% j IV/Walter Crowell Secretary Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) Qn Apni 1 1007 t - -e he N —fl S. (or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Ineemnt,Company of California and as President and Secretary on behalf of Developers Insurance Company.the Corporations the,ein named,and acknowledged to me that the corcoratbons executed it. WITNESS my hand and official seal OFFICIAL SEAL TIRESATAAFUA Signature _ �/ Y�—�� ~G_ - �' NUTARY PUBLIC-CALIFORNIA Notary Public / • �c_ ' PRINCIPAL OFFICE IN 2 ORANGE COUNTY CERTIFICATE ii ;p' My Commission Exp.Aug.4,1995 The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and SenrOr Vice Presicent o'DEVELOPERS INSURANCE COMPANY,does he,eh; certify that the foregoing and attached Power of Attorney remains in Lull force and has not been redoked and furthermore it-at the prov,s�ons of the�escd,!,ons of the respeclyde Boards of Directors of sa,d corporations set forth in the Power Of Attorney are in force as If the-ate of th,s Ce,t1I,Cate This Certificate is executed in the City of Irvine California this 23rd day of February 199 3 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By--- G!! - Z OCT a By � l I WAR r. W �L C F,eh,ger �',� 19GT L C P�eb,ger i9tg t;/ Senor Vice President y 7/10, ?1 Servo-V;ce Preb,deT,t a IBB-2 REV 3,192 American Bonding COMP- ny BID BOND BOND #9312183 (Public Works) ,<NOW ALL MZEN BY TuESF PRESENTS, tzar we TOMAR ENGINERING, INC. hereinafter called the Principal, and AMERICAN BONDING COMfPANY hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called Obligee in the amount of SIX THOUSAND AND N0/100------- Dollars ( $ 6,000.00---------------4 for the payment of which ?rincipal and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, fi my by these presents . WEBREAS, the Principal has submitted a bid for: INSTALLATION OF CITY FURNISHED METER BOXES IN EXISTING SIDEWALKS. CONTRACT #WSC-008. 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 bond or bonds which may be specified in the bidding or contract documents within such time as may be specif led (but in no event later than 60 days after such award) with good and sufficient surety for the =aithful performance of such contract and for the prompt payment for labor and materials 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 difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for whics he Obligee may in good faith contract with another party to perform the. work overed by said bid, then this obligation shall be null and void, otherwise to emain in full force and effect. GVED AND SEALED -EIS 18TH day of FEBRUARY 19 93 TOMAR ENGINEERING, INC. !�� Principal Seal BY. e 6 ZIERI N Br COMPANY ( 8-90 ) BY- ttorney-in-Fact Sea! _ JAY P. FREEMAN " FB 0265 B150 THIS ENDORSEMENT CHANGES THE BOND. PLEASE READ IT CAREFULLY. NOTICE OF SERVICE OF SUIT It is agreed that in the event of the failure of the Surety hereon to pay any amount claimed to be due hereunder, the Surety hereon, at the request of the Obligee, will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon: IMPERIAL MANAGEMENT, INC. 910 Calle Negocio - Suite 350 San Clemente, CA 92672 and that in any suit instituted against any one of them upon this contract, the Surety will abide by the final decision of iuch Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Surety in any such suit and/or upon the request of the Obligee to give a written undertaking to the Obligee that it or they will enter a general appearance upon the Surety's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States of America, which makes provisions therefor, the Surety hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Obligee or any beneficiary hereunder arising out of this Bond, and hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. All other terms and conditions of said Bond remain unchanged. PCB 003(09-92) BOND NO. ER 0265 B 150 POWER OF ATTORNEY PACIFIC CASUALTY INSURANCL COMPANY, LTD. KNOW ALL MEN BY THESE PRESENTS, That Pacific Casualty Insurance Company, Ltd. does hereby, make, constitute and appoint as its true and lawful attomey(s)-In-Fact, with full power and authority for and on behalf of the Company to execute and deliver and affix the seal of the Company thereto if a seal is required, bonds, surplus lines coverage insurance, excess coverage insurance, undertakings, recognizance or other written obligations in the nature thereof as follows: Joyce L. Urban Ruth E. Gearing All written instruments, and to bind Pacific Casualty Insurance, LTD.thereby, and all of the acts of said attorney(s)-in- fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the Company, which are now in full force and effect. The Board of Directors shall have the management of the business of the Company, and in addition to the powers and authorities by these By-Laws expressly conferred upon them, shall exercise all such powers and do all such acts and things, as may be exercised or done by the corporation. The Board of Directors may appoint additional officers and agents to perform such duties. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Pacific Casualty Insurance Company, LTD. at a meeting duly held on December 1, 1992. RESOLVED that the president, or secretary may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, insurance policies, binders, undertakings, recognizance, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. r RESOLVED FURTHER that any bond, insurance policy and binder, recognizance, or suretyship obligation shall be valid and binding upon the Company(i)when signed and sealed by the President, or Secretary, or (ii) when duty executed and sealed (if a seal is required) by one or more attorneys-in-fact or agents evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officers and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, insurance policies and binders, undertaking, recognizance or suretyship obligation to the Company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS whereby Pacific Casualty Insurance Company, LTD. has caused these presents to be signed by its proper officer, and its corporate seal be affixed this the 14 day of December, 1992. Pacific Casualty Insurance Company, LTD. _ JANE PPI,\iCE COMM.d 97?u 4 Z Notary Public— C=`prn o ` By: ORANGEv ccuNr y Milton R. Polland, President STATE IF CALIFORNIA t My Comm Ezp:res NCv 6. 1 46 COUNTY OF On this 14 day of December. 1992, before me a Notary Public, personalty appeared the above-named officer of Pacific Casualty Insurance Company, LTD., a corporation, known to me to be the person and officer who executed the Power of Attorney on Behalf of the corporation and ackno es the corporation and acknowledges the corporation voluntarily executed the same. Notary Public I, the undersigned, Secretary of Pacific Casualty Insurance Company, LTD. CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked and furthermore that the provisions of the By-Laws of Pacific Casualty Insurance Company, LTD. and the Resolutions of the Board of Directors set forth in the Power of Attorney are now in force. SIGNED AND SEALED THIS 22nd DAY OF Febr ary 3 documenupoalrm Donald P. Dizon, Secretary INDEMNITY COMPANY of CALIFORNIA BID BOND BOND NO. 20555 PREMIUM: INCLUDED IN BID BOND SERVICE KNOW ALL MEN BY THESE PRESENTS, That we, Ryco Construction, Inc. as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety,are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of ten percent the amount bid in lOg************* Dollars, (S � for the payment whereof in lawful money of the United States, we bind ourselves,our heirs, administrators,executors,successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Meter Box Replacemenst at Various Locations (WSC008) NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall,within such time as may be specified, enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful per- formance of the said contract,then this obligation shall be void;otherwise to remain in full force and effect. d Signed and Sealed this 23 r day of February 19 S'1 _ INDEMNITY COMPANY of CALIFORNIA Ryco Constructio Inc. tz U�4 A Principal JOHN ID. � INGER Attorney-in-Fact ;j ICC 307 REV 4-85 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thAreto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall- only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS bide By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub- contractor for this project. P-5 AMERICAN BONDING COMPANY 9312183 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint JAY P. FREEMAN OF RIVERSIDE, CALIFORNIA its true and lawful attorney-in-fact,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 15th Day of January, 1993. Attest: AMERICAN BONDING COMPANY fnByAj O William R.McKenzie,Assistant Vice President John C. h r,Vice President STATE OF ARIZONA ss.: COUNTY OF PIMA On this 15thday of January 19 R3before me personally came John C.Fisher,to me known,who being by me duly sworn,did depose and say that he is a Vice President of AMERICAN BONDING COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. +s� OFFICIAL SEAL CHRISTIE TURLEY NOTARY PUBLIC CHRISTIE TU NOTARY PUBLIC LIC My Commission Expires My Commission Expires March 10,1995 March 10, 1995 CERTIF I, the undersigned,an Assistant Secretary of AMERICAN BONDING COMPANY,an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Tucson, In the State of Arizona. Dated the 18TH day of FEBRUARY 19 93- 1'pO NQ �. ii7/f�/ / 4� SEA Florence E.Robert,Assistant Secretary � 1930 t BID BOND BOND NO. 50234-19 KNOW ALL MEN BY THESE PRESENTS, That we, TRAUTWEIN CONSTRUCTION as Principal,and INDEMNITY COMPANY of CALIFORNIA,a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars,($ 10% OF BID )for the payment whereof in lawful money of the United States,we bind ourselves, our heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for HUNTINGTON BEACH METER BOXES #WSC-008 NOW,THEREFORE,if the said contract be timely awarded to the Principal and the Principal shall,within such time as may specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful performance of e said contract,then this obligation shall be void; otherwise to remain in full force and effect. igned and Sealed this 18th day of FEBRUARY 9 93 TRAUTWEIN CONSTRUCTION INDEMNITY COMPANY f C IFORNIA By: Principal MI L D. 0 Attorney-in-Fact , ICC 307 REV.291 t POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY NQ 128002 P.O. BOX 19725, IRVINE.CA 92713 • (714)263-3300 NOTICE: 1 All power and authority herein granted shall in any event terminate on the 31st day of March,1993, 2. This Power of Attorney is void if altered or if any portion is erased 3. This Power of Attorney is void unless the seal is readable,the text is in brown Ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***Michael D. Stong*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney. qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1992. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By L r ' By r Dan F,Vincenti,Jr. 4Dan .Vincenti,Jr. President p AIi esident S,Nsup4 CIO`ppPOR4!'� Q� OµPOR�!c\ ATTEST i s OCT S T ATTEST MAR 2T, I979 o G/ V �/� / /I FO RH\''� /FOR't���? ,�/N/ By f3 y `-E Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1992,before me.Tiresa Taafua personally appeared Dante F Vincenti Jr and Walter Crowell,nersonanv knnwr to me for provided 10 me on the basis o`Fat,sfac-c• evidence)to be the persons)whose name(s) is/are subscribed to the within instrument ano acknowledged to me that he/srle/they executed the same in his/her/their authonz-. capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted.executed the instrument WITNESS my hand and official seal. OFFICIAL SEAL ,: TIRESA TAAFUA Signature Y� _ ~� NOTARYPUBLIC-CALIFORNIA ALI T PRINCfPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.a,1995 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does here certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked,and furthermore, that the provisions of the resolutions of the respectrr= Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate This Certificate is executed in the City of Irvine.California,this 18th_ day of.—_—FZBRUARY-_-- __ ___ '99 3___ INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY SOP 10,,, P �41 AN G pPcR BY o — — z CC1 S it By -- — WAR 27, Fii " W ��o L Fiebiger i91B L.C. eb9eir 1967 �i Senior Vice President , "r/vop+j+� Senior V,ce President o°/ c ahvrw ID-310 REV 11/92 INSURANCE COMPANY OF THE WEST P. 0. BOX 85563 •SAN DIEGO, CALIFORNIA 92138.5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, WAKEHAM—BAKER, INC. (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business a;der and by virtue of the laws of the State of California, and duly licensed for the purpose of making,guaranteeing or becoming scie surly upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF BID Dollars ($ 10% OF BID ) lawful money of the United States of America, for the payment of which,well and truly to be made,we hereby bind ourselves and our and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS, the above bounden principal as aforesaid,is about to hand in and submit to the obligee a bid or proposal dated 2-23-93 for METER BOX REPLACEMENTS AT VARIOUS LOCATIONS in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law,then this obligation to be null and void,otherwise to be and remain in full force and effect. IN WITNESS WHEREOF,said principal and said Surety have caused these presents to be duly signed and sealed this 3rd day of FEBRUARY ,19 93 WAKEHAM—BAKER INC r INSURAN E CC PA Y O TH EST By_ MICHD. STp 6to rney-i n-Fact ICW CAL 120 F INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO,CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: MICHAEL D. STONG its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 21ST DAY OF OCTOBER 1986 tLpµPANp, INSURANCE COMPANY THE WEST N y 1,t1r C�UFORt1�' President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 21ST DAY OF OCTOBER 'Wore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. . ��1�•l��l�U i L i 77 V 7 OPFIC:AL SEAL POZTER w ,:"n;:n D.eYoCa:ntf Notary Public . r•gI,S,nII f 1P.Jan.8,1988 IV1tt' STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 3rd day of February 19 .93 PAM��F, s tM 1.���' : S!Ofary C�l/FpPN�' ICW CAL 37 (REV. 5/82) ,THE, AMERICAN INSTITUTE OF ARCHITECTS Bond No. 97985 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Wick Helmandollar Construction (Here insert full name and address or legal title of Contractor) 851 N. Walnut St. , #6, La Habra, CA 90631 as Principal, hereinafter called the Principal, and American Diversified Insurance Company (Here insert full name and address or legal title of Surety) 19200 Von Karman, Suite 690, Irvine, CA 92715 as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 200 Main St. , Huntington Beach, CA as Obligee, hereinafter called the Obligee, in the sum of Seven Thousand Dollars and 00/100 Dollars ($ 7,000.00 � 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 Meter box replacements at various (Here insert full name, address and description of project) locations in the City of Huntington Beach 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 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 22nd day of February 19 93 Wick Helmandollar Construction (Prin 41) (Seal) (Witness) (Title) American Dive sifj.4-d Insurance Company (Surety) (Seal) (Witness) (Title) Tho J: Ashley, Attorney-In-Fact AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 � .. BOND NO. 97985 POWER OF ATTORNEY AMERICAN DIVERSIFIED INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,That American Diversified Insurance Company does hereby,make,constitute and appoint as its true and lawful Attomey(s)-In-Fact, with full power and authority for and on behalf of the Company to execute and deliver and affix the seal of the Company thereto if a seal is required,bonds,surplus lines coverage insurance, excess coverage insurance,undertakings,recognizance or other written obligations in the nature thereof as follows: Thomas J.Ashley All written instruments, and to bind American Diversified Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents,are hereby ratified and confirmed.This appointment is made under and by authority of the following provisions of the By-Laws of the Company,which are now in full force and effect. The Board of Directors shall have the management of the business of the Company,and in addition to the powers and authorities by these By-Laws expressly conferred upon them,shall exercise all such powers and do all such acts and things,as may be exercised or done by the corporation.The Board of Directors may appoint additional officers and agents to perform such duties.This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of American Diversified Insurance Company at a meeting duly held on July 20,1992. RESOLVED that the President,and Vice-President,or Assistant Vice-President,in conjunction with the Secretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds,insurance policies,binders,undertakings,recognizance,and suretyship obligations of all kinds,and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond,insurance policy and binder,recognizance,or suretyship obligation shall be valid and binding upon the Company(i)when signed and sealed by the President,any Vice-President,or Assistant Vice-President, or(ii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officers and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,insurance policies and binders,undertaking,recognizance or suretyship obligation to the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS whereby American Diversified Insurance Company has caused these presents to be signed by its proper officer,and its corporate seal be affixed this the 20th day of July,1992. AMERICAN DIVERSIFIED INSURANCE COMPANY By. W.W.Cooper,President STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS: I, the undersigned, Notary Public CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation,and furthermore,that the provisions of the By-Laws of American Diversified Insurance Companv and the Resolutions of the Board of Directors set forth in the Power of Attornev are now in force. SIGNED AND SEALED THIS 22nd DAY OF February ,1993 J.A.BRIJNNING.JR. COMM.0836M9 Notory PubficCalltO ric- A.. nning,Jr.,Notary Pu i b ORANGE CC`UNTY _. 'Jv Commisxlc.,Expnes - - AilY G. -)3 f RECEIVED RECEIVED cfrY Ci-ERK CITY CLERK C'TY CITY OF HUNTINCM HUNTINGTO4 REACH, '-'ALIF. FEs 23 2 PH '93 DES B 2 ol FM '93 00 7, "v- lio 1,3 111 Ili n H - 3c Ajl^ 1,411313 ;JJ3 03h1333)-' STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or PUBLIC NOTICE All bids will be compared' NOTICE NVITING on the basis of the Director T I interested in the below entitled matter. I am a I�i.E AIDS of Public Works estimate of the quantities 4f work to be. principal clerk of the HUNTINGTON BEACH WSC 008 done. Notice is hereby given' No bids will be accepted INDEPENDENT, a news a @r Qf eneral ithat the City Council of the from a contractor who,is P P 9 City of Huntington Beach, not licensed in accordance circulation printed and published in the City of California will "receive with the law, California , sealed bids for the Meter Business and Professions BoxHuntington Beach County of Orange, State of ous Replacements at Vary- Code,Contractors, or Chapter gt • ty 9 • ous Locations, in the City�i 9,Contractors,or to whom' California and that attached Notice is a true and fo Huntington Beath, Cali- a proposal form has not forma in accordance with been issued by the City of the plans andr specifica- Huntington Beach. complete copy as was printed and published in tions and special provi- Substitution of securities sions on file in the office of for any monies withheld by the Huntington Beach and Fountain Valley the Director of Public the City to ensure perform- Works. Documents will be ace shall be permitted in issues of said newspaper to wit the issue(s)of: available on January 25, accordance with provisions 1993. A ,charge of $5.00, of the California Govern- not refundable, will be re- meet Code,Section 4590. quired for each set of Each bid shall be made specifications and ac- out on a form 1�pp be ob- companying drawings. tained at the ofWte of the DIRECTOR OF PUBLIC Director of Public Works, WORKS ESTIMATE Development Wing, 2000 WORK ITEM 1• Installation Main Street, Huntington of City-furnished meter Beach,California;and shall boxes in existing side- be, sealed and filed with walks:QUANTITY 250. the City Clerk at the Civic In accordance with the Center, Second Floor, Ad- January 28, 1993 provisions of Section 1773 ministration Building, 2000 of the Labor Code of the Main Street, Huntington State of California, the Di- Beach,California,on or be- February 4 , 11 , 1993 rector of the Department of fore 2:00 pm on February Industrial Relations shall 23, 1993, and shall be determine the general pre- opened bV committee com- vailing rate of wages ap- posed df.tt#City Clerk,the plicable to the work to be City Attorney and Director done. Copies of the latest of Public Works, or their, general wage rate determi- authorized representative.) nations are on file at the of- The results of said,bidding, fice of the City Clerk and will be reported to the City, the office of the Director of Council of said City of Hun Public Works of the City of tington Beach at their regu Huntington Beach, Call- Iar meeting to be held on forma. Monday, March 15, 1993, Plans and specifications, at the hour of 7:00 pm in together with proposal ,the City Council Chambers form, may be obtained at in the Civic Center of said I declare, under penalty of perjury, that the the office of the Director of City of Huntington Beach, Public Works, City Halt, and shall be acted upon'by foregoing is true and correct. Huntington Beach, Cali- said City Council at the fomia. regular meeting of March No bid will be.received 15,1993. February b ru a ry 11 9 3 unless it is made on a The City of Huntington Executed on , �99 93 blank form furnished by the Beach, California reserves Director of Public Works. the right to reject any or all at Costa Mesa, California The special attention of bids,and to accept the bid / prospective bidders is deemed for the best inter- called to the proposal re- est of the City of Hunting- quirements, which are set ton Beach, California. By ✓ i f t _^ forth in the specifications, order of the City Council of, for full directions as to the the City of Huntington, bidding. Beach, California, this De f Signature The foregoing quantityes� cember 7,1992. are approximate only, Attest: being given as a basis for Connie Brockway,' the comparison of bids, City Clerk and the City of Huntington Published Huntington Beach does not express or! by implications agree that Beach-Fountain Valley In-'i the actual amount of work dependent January 28, WIN,IC�pond therewith February 4,11,1993. but s the right to In- 01488911 crease or djecrease the — PROOF OF PUBLICATION d y e be or ex- milyd t by,it Director of Public s�;._ NOTICE INVITING SEALED BIDS WSC 008 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Meter Box Replacements at Various Locations, in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on January 25, 1993 . A charge of $5.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1 . Installation of City furnished 250 meter boxes in existing sidewalks In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the Director of the Department of Industrial Relations shall determine the general prevailing rate of wages applicable to the work to be done. Copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, which are set forth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. N-1 Notice Inviting Sealed Bids Page two No bids will be accepted from a contractor who is not licensed in accordance with the law, California Business and Professions Code, Division 3, Chapter 9, Contractors, or to whom a proposal form has not been issued by the City of Huntington Beach. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590 . Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; and shall be sealed and filed with the City Clerk at the Civic Center, Second Floor, Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2: 00 p.m. on February 23, 1993, and shall be opened by committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative. The results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, March 15, 1993, at the hour of 7 : 00 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of March 15, 1993 . The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California, this December 7 . 1992. Attest: Connie Brockway City Clerk N-2 REQUEST FOR CITY COUNCIL ACTIO - VX0--=, Date December 7, 1992 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City AdministratorQRIJ Prepared by: Louis F. Sandoval, Director of Public Works Subject: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - WSC-008 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Altem tkwAe ,DAlhl ts: Statement of Issue: -. CITY CLE" Council authorization is needed to solicit bids for the replacement of meter boxes at various locations throughout the City of Huntington Beach. Recommendations: 1. Approve the Contract Documents and authorize the Director of Public Works and the City Clerk to solicit bids. 2. Approve the attached contract, subject to Council's award of contract to the lowest responsible bidder. Analysis: This program involves the replacement of 250 concrete meter boxes with new Polymer style meter boxes within existing sidewalks. This is the continuation of a planned, five-year, Meter Box Replacement Program, and is identified in the 92/93 Budget. The new Polymer style meter boxes offer longer life -and durability compared to the concrete boxes. The existing meter boxes need replacing because they have deteriorated from aging and/or heavy sidewalk traffic. The resulting hazardous condition must be corrected as soon as possible. The Water Division has opted to contract this work out due to limited manpower available. Also, the Water Division feels this type of contract work can be financially competitive with City forces. Staff has completed the contract bid documents for this project. Therefore, the Director of Public Works requests that Council approve the contract bid documents and authorize the solicitation of bids for construction. 100, Pio 5/85 i 1J Meter Box Replacements at Various Locations: WSC-008 December 7, 1992 Page two Funding Source: Sufficient revenues were budgeted and are available in Fiscal Year 92/93 Account No. E-EW-924-3-90-00. The Engineer's estimate is $50, 000. Alternative Actions: 1. Deny request and direct staff on how to proceed. This option would delay the Water Division's goal for this program. 2. Deny request and have City forces do the work. _ This .,option would require Water Division crews to be reassigned from scheduled work in process and would further impact 92/93 Water Division goals as other scheduled work would not be accomplished. 3 . Forego the project. This option may impact the City due to claims for damages being made because of injury caused by deteriorating meter boxes. Attachments: Sample Construction Contract. LFS/JRR/DF:bb DEPT."OF PUBLIC WORKS WATER DiVISION HUNTINGTON BEACH, CA SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) Table of Contents Section Page 1 STATEMENT OF WORK; ACCEPTANCE OF RISK . . . . . . . 1 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . . 2 3 COMPENSATION . . . . . . . . . . . . . . . . . . . . 4 4 COMMENCEMENT OF PROJECT . . . . . . . . . . . . . . 4 5 TIME OF THE ESSENCE . . . . . . . . . . . . . . 4 6 CHANGES . . . . . . . . . . . . . . . . . . . . . . 5 7 NOTICE TO PROCEED . . . . . . . . . . . . . . . . . 6 8 BONDS . . . . . . . . . . . . . . . . . . . . . . . 6 9 WARRANTIES . . . . . . . . . . . . . . . . . . . . . 6 10 INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . . 7 11 LIQUIDATED DAMAGES/DELAYS . . . . . . . . . . . . . 7 12 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . 9 13 VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . . . 9 14 PROGRESS PAYMENTS . . . . . . . . . . . . . . . 10 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES . . . . . . . . . . . . 11 16 AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . . . 11 17 WAIVER OF CLAIMS . . . . . . . . . . . . . . . . 12 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS . . . . . . 12 19 WORKERS' COMPENSATION INSURANCE . . . . . . . . . . 12 20 INSURANCE . . . . . . . . . . . . . . . . 13 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT . . . . . . . . . . . . . . . . 14 22 DEFAULT AND TERMINATION . . . . . . . . . . . . . . 15 23 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . . . . . . . . . . . . . . . . . . 15 24 NON-ASSIGNABILITY . . . . . . . . . . . . . . . 16 25 CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . . 16 26 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS . . . 16 27 IMMIGRATION . . . . . . . . . . . . . . . . . . . . 17 28 NOTICES . . . . . . . . . . . . . . . . . . . . . . 17 29 CAPTIONS . . . . . . . . . . . . . . . . . . . . 17 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED . . . . . . 17 31 ENTIRETY . . . . . . . . . . . . . . . . . . . . . . 18 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) THIS AGREEMENT is made and entered into on this day of , 1992, 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 has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the installation of the meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be 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 11/12/92: sg -1- SAMPLE ONLY or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and 11/12/92 :sg -2- SAMPLE ONLY special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything 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 11/12/92 ; sg -3- SAMPLE ONLY an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ($ ) , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the 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 11/12/92 :sg -4- SAMPLE ONLY facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 11/12/92 :sg -5- SAMPLE ONLY 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BOND CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 11/12/92 :sg -6- SAMPLE ONLY 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 11/12/92 :sg -7- SAMPLE ONLY 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. 11/12/92 : sg -8- SAMPLE ONLY No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern 11/12/92: sg -9- SAMPLE ONLY final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of 11/12/92 :sg -10- SAMPLE ONLY the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit 11/12/92: sg -11- SAMPLE ONLY stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, 11/12/92 :sg -12- SAMPLE ONLY CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, 11/12/92 :sg -13- SAMPLE ONLY product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000,000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not 11/12/92: sg -14- SAMPLE ONLY derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be 11/12/92 : sg -15- SAMPLE ONLY performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 11/12/92 :sg -16- SAMPLE ONLY 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 11/12/92:sg -17- SAMPLE ONLY 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: (Signature) Name (type or print) Mayor Title (type or print) By: (Signature) Name (type or print) Title (type or print) ATTEST: APPROVED AS TO FORM: City Clerk 460,04"e-Zity Attorney REVIEWED AND APPROVED: L ATEDN D APPROVED: City Administrator Di lector of Public Works 11/12/92 : sg -18- SAMPLE ONLY S P E C I F I C A T I O N S AND S P E C I A L P R O V I S I O N S FOR METER BOX REPLACEMENTS AT VARIOUS LOCATIONS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA WSC-008 Prepared by The City of Huntington Beach Department of Public Works LOUIS F. SANDOVAL DIRECTOR OF PUBLIC WORKS JANUARY 1993 $5.00 NON-REFUNDABLE s t TABLE OF CONTENTS Page Notice Inviting Sealed Bids N-1 - N-2 Proposal P-1 - P-5 Contract (Sample) C-1 - C-18 Standard Specifications 1 PART 1 General Special Provisions 1 . 2 . 1 Definitions 1 1 . 3 . 1 Abbreviations 2 2-1 . 1 Award of Contract 2 2-1 .2 Execution of Contract 2 2-1 . 3 Failure to Execute Contract 2 2-4. 1 Return of Bid Bond 2 2-4.2 Guarantee 3 2-5. 1 . 1 Plans and Specifications 3 2-5. 1 .2 Competency of Bidders and Payment for Plans and Specifications 4 2-6. 1 Removal of Defective and Unauthorized Work 4 2-7 . 1 Soil Conditions 4 2-9. 1 Permanent Survey Markers 4 2-10 . 1 Authority of Board and Inspection 4 2-10.2 Requirement for Work Within Other Agencies' Right-of-Way 5 2-10. 3 Final Inspection 6 4-1 .4. 1 Test of Materials 6 6-1 . 1 Construction Schedule and Commencement of Work 6 6-2. 1 Progress Schedule 6 6-8. 1 Acceptance 6 6-9 Liquidated Damages 7 7-2. 3 General Prevailing Wage Rates 7 7-2. 3. 1 General Prevailing Wage Rates 7 7-2.4 Payroll Records 7 7-3. 1 Public Liability and Property Damage Insurance 8 7-5. 1 Permits and Licenses 9 7-6. 1 The Contractor' s Representative 9 7-6. 2 Superintendence 9 7-8. 1 Cleanup and Dust Control 9 7-8. 5. 1 Use of City Water System 10 7-8.7 Noise Control 10 7-8.8 Flow and Acceptance of Water 10 7-8.9 Erosion Control 10 7-8. 10 California Regional Water Quality Control Board Permit 11 Table of Contents - p. 2 7-10. 1 . 1 Traffic and Safety 11 7-10 . 1 . 2 Traffic Control 12, 13 7-10. 2 Remove Traffic Stripes, Pavement Markings 14 7-10 . 3 Barricades 15 7-10 .5 Water Main Shut Down 15 7-15 Registration of Contractor 15 9-3 . 1 . 2 Payment General 15 9-3.2 . 1 Progress Payments 16 9-3 .2.2 Final Payment 16 Section 10 Proposal Requirements 17 10-1 Examinations of Plans, Specifications, Special Provisions and Site of Work 17 10-2 Proposal Form 17 10-3 Proposal Bid Bond 17 10-4 Withdrawal of Proposals 17 10-5 Public opening of Proposals 18 10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities 18 10-7 Disqualification of Bidders 18 Special Provisions PART 2 Construction Materials 201 -2. 2 Reinforcing Steel 19 PART 3 Construction Methods A. General Description of Work 20 B. Additions to Standard Specifications 20 300-1 .2 Preservation of Property 20 300-1 . 3 . 1 Removal and Disposal of Materials (General) 20 300-1 .3. 1a Hauling of Materials 20 300-1 . 3. 2(a) Hauling of Materials 20 303-5 Portland Cement Concrete 20 312 ` Warning Signs 21 312-4 Landscaping and Irrigation 21 312-5 Water Valve Boxes 22 312-6 Laboratory 22 Standard Plans Attachment A Locations/Address of Replacements Attachment B NOTICE INVITING SEALED BIDS WSC 008 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Meter Box Replacements at Various Locations, in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on January 25, 1993. A charge of $5 .00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1 . Installation of City furnished 250 meter boxes in existing sidewalks In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the Director of the Department of Industrial Relations shall determine the general prevailing rate of wages applicable to the work to be done. Copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, which are set forth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. N-1 Notice Inviting Sealed Bids Page two No bids will be accepted from a contractor who is not licensed in accordance with the law, California Business and Professions Code, Division 3, Chapter 9, Contractors, or to whom a proposal form has not been issued by the City of Huntington Beach. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590 . Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; and shall be sealed and filed with the City Clerk at the Civic Center, Second Floor, Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2 : 00 p.m, on February 23, 1993, and shall be opened by committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative. The results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, March 15, 1993, at the hour of 7:00 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of March 15, 1993 . The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California, this December 7 . 1992. Attest: Connie Brockway City Clerk N-2 BID PROPOSAL FROM I ►�Cl'CC /L�e�/�i (v.(J�/.� ��'�C.[�� Firm Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the meter box replacements at various locations in the City of Huntington Beach. WSC-008 I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or material-an through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material-an which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE Install city furnished meter ox in7 existing sidewalk Q,lyk,u 1 250 each 4flals 4- r7lz per each. / /aa,5'ca 25.4,X�' Total: Addition/Subtraction Install city furnished meter box in 1 each existing idewalk Q�4e_,✓.� per each. P-1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 45 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. p Accompanying this proposal is D� (s ) , NOTICE: Insert the words "Cash," "Certified Check;' or -Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. in accordance with an act providing for the registration of contract License No. 6bLsi 7Y'VY *'4aslydo Aa-e_ S24jftature of Bidder Business Address kau ek o e*4 91720 Place of Residence ? HSa,ii�,,. �'w, 917jy Dated this Z3' lt day ofOlaL� , 19 ,72 Bidder shall signify receipt of all Addenda here, if any: `Addendum No. Date Received Bidder's Signature P-2 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1 . Firm Name• �- 2 . Address: kaae/k�o a, _6. 9r7.3o 3 . TelephoneL�� 4. Type of firm-individual, partnership, or corporation: 5 . Corporation organized under the laws of the State of: 6. Contractor' s License Number: 600S 61-�p X-Expiration Date:la ply (NOTE: REPRESENTATION MADE THEREIN ARE MADE UNDER PENALTY OF P RJURY) 7 . List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER �Q�/ Ctl o of SW't r t.ra A �--i t471 a td t'NCrt�r o9 .387 v 1 cB"Arrv+�e l 4� [K �Y r//e"s r7v9 Z� ��✓ $1 Cot Tt Q 4v-A` tfj/o La .R6r�c 6r.-�[.. B�to,.r��oira 2!� 9057`77G40 T/��l az�ird �oI 988— l/ 10 . List the n me of. ,t a person w o.inspec ed the site of the proposed work for your firm: Date of Inspection: 11 . If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-3 ALL-PURPOSE ACKNOWLEDGMENT No.5179 State of CA 12AJ r A CAPACITY CLAIMED BY SIGNER County of SA GCE#2,u A ao ❑ INDIVIDUAL 3 (S t—,° Q 1( L� A � ❑ CORPORATE On before me, Tl OFFICER(S) DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,490TARY PUBLIC I TITLE(S) ❑ PARTNER(S) ❑ LIMITED personally appeared �1/I A Q-k _FkA tkT tj� A) ❑ GENERAL NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑personally known to me-OR ed to me on the basis of satisfactory evidence ❑TRUSTEEY-I to be the person(s) whose name(s) is/are subscribed to the within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that he/she/they ❑OTHER: executed the same in his/her/their authorized capacity(ies), and that by ?: xg OFFICIAL SEAL � his/her/their signature(s) on the instrument p � ,�Rzsrtc M. aRcu.�T the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: :.x OTAav PU€11 -C�LIr ��a� NAME OF PERSON(S)OR ENTITY(IES) '" Sarx which the person(s) acted, executed the f3ERNARDINO Ct.�WD o C014i, EXP. JULY 12,15(", instrument. Witness my hand and offi ial seal. SIGNATURE OF NOTARY ATTENTION NOTARY:Although the information requested bel is OPTIONAL,it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above ©1992 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91304-7184 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Gt 4< being first duly sworn, deposes and says: r C40 1 . That he or she is f wn-eA' of ` (L1 t.l,�t- 1 rn the party making the foregoing bid; 2 . That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3 . That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; S. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder, or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested .in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any F corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive t or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. i P-4 • • DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Secitions 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall. only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK fSUM)NTRACTOR'S NAME AND ADDRESS NUMBER CLASS V 'v By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-corrtracts entered into and bonds furnished by sub- contractor for this project. P-5 UEF'I. ut t'UlitA, vvuItrW WATER DNISIOIV HUNTINGTON BEACH, CA SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) Table of Contents Section Page. 1 STATEMENT OF WORK; ACCEPTANCE OF RISK . . . . . . . 1 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . . 2 3 COMPENSATION . . . . . . . . . . . . . . . . . . . . 4 4 COMMENCEMENT OF PROJECT . . . . . . . . . . . . . . 4 5 TIME OF THE ESSENCE . . . . . . . . . . . . . . . . 4 6 CHANGES . . . . . . . . . . . . . . . . . . . . . . 5 7 NOTICE TO PROCEED . . . . . . . . . . . . . . . . . 6 8 BONDS . . . . . . . . . . . . . . . . . . . . . . . 6 9 WARRANTIES . . . . . . . . . . . . . . . . . . . . . 6 10 INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . . 7 11 LIQUIDATED DAMAGES/DELAYS . . . . . . . . . . . . . 7 12 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . 9 13 VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . . . 9 14 PROGRESS PAYMENTS . . . . . . . . . . . . . . . 10 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES . . . . . . . . . . . . 11 16 AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . . . 11 17 WAIVER OF CLAIMS . . . . . . . . . . . . . . . . 12 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS . . . . . . 12 19 WORKERS' COMPENSATION INSURANCE . . . . . . . . . . 12 20 INSURANCE . . . . . . . . . . . . . . . . . . . . . 13 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT . . . . . . . . . . . . . . . . 14 22 DEFAULT AND TERMINATION . . . . . . . . . . . . . . 15 23 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . . . . . . . . . . . . . . . . . . 15 24 NON-ASSIGNABILITY . . . . . . . . . . . . . . . 16 25 CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . . 16 26 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS . . . 16 27 IMMIGRATION . . . . . . . . . . . . . . . . . . . . 17 28 NOTICES . . . . . . . . . . . . . . . . . . . . . . 17 29 CAPTIONS . . . . . . . . . . . . . . . . . . . . . . 17 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED . . . . . . 17 31 ENTIRETY . . . . . . . . . . . . . . . . . . . . . . 18 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-008) THIS AGREEMENT is made and entered into on this day of , 1992, 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 has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the installation of the meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be 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 11/12/92: sg -1- SAMPLE ONLY or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and 11/12/92 : sg -2- SAMPLE ONLY special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything 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 11/12/92 : sg -3- SAMPLE ONLY an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ($ ) , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement . 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the 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 11/12/92 : sg -4- SAMPLE ONLY facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated -by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 11/12/92 : sg -5- SAMPLE ONLY 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BOND CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY' S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 11/12/92 : sg -6- SAMPLE ONLY 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 11/12/92: sg -7- SAMPLE ONLY 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. 11/12/92 : sg -8- SAMPLE ONLY No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern 11/12/92 : sg -9- SAMPLE ONLY final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall a$certain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of 11/12/92 : sg -10- SAMPLE ONLY the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit 11/12/92 :sg -11- SAMPLE ONLY stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, 11/12/92 : sg -12- SAMPLE ONLY CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, 11/12/92 : sg -13- SAMPLE ONLY product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not 11/12/92 : sg -14- SAMPLE ONLY derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be 11/12/92 :sg -15- SAMPLE ONLY performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26 . STOP NOTICES ' RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 11/12/92 : sg -16- SAMPLE ONLY Y 27 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter S 309 , the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 11/12/92 :sg -17- SAMPLE ONLY 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: (Signature) Name (type or print) Mayor Title (type or print) By: (Signature) Name (type or print) Title (type or print) ATTEST: APPROVED AS TO FORM: City Clerk Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works 11/12/92 : sg -18- SAMPLE ONLY STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest Edition of the "Standard Specifications for Public Works Construction" (Green Book) published by Building News, Inc. 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" for this project and shall be considered as a part of these Special Provisions. Where specified, the specified editions of "Standard Specifications" and "Standard Plans" of the State of California, Business and Transportation Agency, Department of Transportation, shall apply. If no date of publication is specified, the most recent edition, as of the date of publication of the Notice Inviting Bids for this contract, shall apply. PART 1 GENERAL SPECIAL PROVISIONS The following additions are made to the "Standard Specifications." If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. 1-2.1 Definitions (a) AGENCY The City of Huntington Beach, California also hereinafter called "CITY". (b) BOARD The City Council of the City of Huntington Beach, California. (c) CONTRACT Documents including but not limited to the proposal DOCUMENT forms p-1 through p-5, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all addenda setting forth any modifications of the documents. (d) ENGINEER The administrating officer of the City of Huntington Beach or his authorized representative. (e) BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f) LEGAL ADDRESS The legal address of the Contractor shall be the OF CONTRACTOR address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. -1- (h) SPECIAL PROVISIONS The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions. (i) STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the Government Code. The provisions of this act and other applicable laws, form and constitute a part of the provisions of this contract to the same extent as is set forth herein in full. 1-3.1 Abbreviations O.C.E.M.A. Orange County Environmental Management Agency. 2-1.1 Award of Contract The City reserves the right to reject any and all Proposals. The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose Proposal complies with all the requirements prescribed by the City. 2-1.2 Execution of Contract The contract shall be signed by the successful Bidder within ten (10) working days after award, and be returned together with the contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the date specified in the "Notice to Proceed" issued by the City. 2-1.3 Failure to Execute Contract Failure to execute a contract and file acceptable bonds as provided herein within the time specified for the applicable contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. 2-4.1 Return of Bid Bond Within ten (10) days after the award of the contract, the City of Huntington Beach will return the bid bonds accompanying the proposals which are not to be considered in making the award. All other bid bonds will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. -2- 2-4.2 Guarantee The Contractor, by submission of a bid for this project, expressly agrees to the herein stipulated guarantee of materials, products, workmanship, and installations incorporated into this project. All work performed in accordance with these plans, standard specifications, and special provisions, including, but not limited to, workmanship, installation, fabrications, material and structural, mechanical, or electrical facilities shall be guaranteed for a period of one year, commencing with the filing of the notice of completion and acceptance of the contract by the City, unless specific areas are to be guaranteed longer as provided in Special Provisions. Security of this guarantee shall be furnished to the City and may be included as part of the Faithful Performance Bond. There shall be express wording in the Performance Bond, if such bond includes the guarantee or warranty of the Labor and Materials for one year period, commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee or warranty period. It is recommended that the Performance Bond include the guarantee and warranty requirements. The Contractor, by agreeing to this latent defect guarantee, also agrees that within 10 days after notification of a failure or deterioration of a facility or work covered under this contract, he will repair, replace or show reasonable cause as to reason for further delay. Refusal or failure to commence repair or replacement will cause the City to file claim against the bond. Excepted from the guarantee of labor and materials will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 2-5.1.1 Plans and Specifications The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. The request by the Contractor and the Engineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. -3- 2-5.1.2 Competency of Bidders and Payment for Plans and Specifications Plans, Special Provisions and Proposal forms will be issued only to those contractors who can qualify as competent bidders. A charge will be required for the taking out of plans, none of which will be refunded to any bidder. 2-6.1 Removal of Defective and Unauthorized Work All work which is defective in its construction or does not meet all of the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to comply forthwith with any order of the Director made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, oil removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to become due the Contractor. 2-7.1 Soil Conditions The Contractor shall inspect the soil conditions himself before submitting a bid. By submitting a bid, the Contractor acknowledges that he has satisfied himself as to the quality of the work including but not restricted to the conditions affecting, handling and storage of materials, disposal of excess materials, the soil conditions, and level and amount of groundwater. 2-9.1 Permanent Survey Markers Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and bench marks located within the limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, do so at his own expense. Such work shall then be reviewed and approved by the Engineer prior to final acceptance of the project. 2-10.1 Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice when he or his Subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs/day or more than 40 hrs/week, Saturday, Sunday, or City holidays, he shall arrange with the Engineer for the required inspection service and pay the special inspection fees which will be charged at the following rates: 4 hrs. or less/day $200.00 4 hrs. to 8 hrs/day $400.00 -4- When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. If the Contractor is directed by the City to work under this contract more than 8 hrs/day or more than 40 hrs/week, the Special Inspection fee requirements will be waived. Any work performed in conflict with said advance notice, without the presence or approval of the Engineer, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved Plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decisions is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. 2-10.2 Requirements for Work Within Other Agencies' Right-of-Wa The Contractor shall prosecute work on other agencies' right-of-way only in the presence of the inspector representing the agency and any work done in the absence of said inspector will be subject to rejection. The Contractor shall make the appropriate notification according to the instruction given on the permit for all inspections, and shall post all bonds and certifications required by the permit. The permit shall be acquired by the City. However, the Contractor may also be required to secure additional permits under his own name, which permits shall be processed at the Contractor's expense. The Contractor shall pay for all testing and inspections required by the permit. -5- 2-10.3 Final Inspection Whenever the work provided for and contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. 4-1.4.1 Test of Materials All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Standard Specifications. No materials shall be used until they have been approved by the Engineer. The Contractor shall, at his expense, furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. The City of Huntington Beach will pay for the initial soil and material tests. Any subsequent soil and materials tests deemed necessary due to the failure of initial tests will be at the Contractor's expense. 6-1.1 Construction Schedule and Commencement of Work Prior to the start of work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The contract time shall commence on the date shown on the "Notice to Proceed", which will be issued by the City. 6-2.1 Progress Schedule When, in the judgment of the City, it becomes necessary to accelerate the work, the Contractor, when ordered, shall cease work at any particular point and concentrate his forces at such other point or points as directed; and execute such portions of his work as may be required to enable others to hasten and properly engage and carry on their work. 6-8.1 Acceptance Should it become necessary, due to developed conditions, to occupy any portion of the work before contract is fully completed, such occupancy shall not constitute acceptance. -6- 6=9 Liquidated Damages Section 6-9 of the Standard Specifications for Public Works Construction shall be modified with respect to the dollar amount of damages per day. The daily sum due per day for each consecutive calendar day in excess of the time specified for completion of the work shall be as follows: Contract Amount Daily Sum Due Per Day Contracts up to $250,000 $250 Contracts $250,001 to $500,000 $300 Contracts $500,001 to $1,000,000 $400 Contracts $1,000,001 to $1,500,000 $500 Contracts $1,500,001 and over $650 7-2.3 General Prevailing Wage Rates In accordance with the provisions of Section 1773 of the Labor Code, the State of California Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk, and the office of the Director of Public Works of the City of Huntington Beach, California. 7-2. .1. General Prevailing Wage Rate This contract requires that the Labor Laws of the Federal Government be enforced by the City of Huntington Beach. Minimum wage rates for this project as predetermined by the U.S. Secretary of Labor are set forth in the Special Provisions. If there is a difference between the minimum wage rates predetermined by the U.S. Secretary of Labor and the prevailing wage rates determined by the State for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the higherr wage rate. 7-2.4 Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and Section 1777.5 (Apprentices) (Stats. 1978, Ch. 1249). The Contractor shall be responsible for compliance with these provisions by his subcontractors. a. Each contractor and subcontractor shall keep an 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, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. -7- 2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. L C. Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual,'s name, address and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. In the event of noncompliance with the requirements of this section, the contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 7-3.1 Public Liability and Property Damage Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Damage Including Products Liability $1,000,000 combined single limit per occurrence. -8- Note: If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra Work", should such work become necessary. Prior to the commencement of work under the contract, evidence of insurance shall be furnished on a standard Acord form as provided by the Insurance Industry. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than 30 days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Workers' Compensation and Employers' Liability coverage meeting the Citys' required limits of not less than $S00,000 bodily injury by accident, each accident: $1,000,000 bodily injury by disease, policy limit, and $S00,000 bodily injury by disease, each employee. 7-5.1 Permits and Licenses Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. 7-6.1 The Contractor's Representative Contractor shall also file with the Engineer, the address and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at .the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. 7-6.2 Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Director in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. 7=8.1 Cleanup and Dust Control All surplus materials shall be removed from the site immediately after completion of the work causing the surplus materials. -9- Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration is incomplete. 7-8.5.1 Use of City Water System Construction water meters are required on all projects within the City. The Water Division will furnish and set the meter with eddy valve. The deposit for the water meter is $700.00. 7-8.7 Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting from construction equipment used. In addition, working hours shall be restricted to between the hours of 7:00 AM to 6:00 PM. 7-8.8 Flow and Acceptance of Water Storm, surface and possibly ground or other water may be encountered at various times and locations during the work. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and/or public property by flooding or lateral erosion if not properly controlled by the Contractor and the Contractor acknowledges that his bid was prepared accordingly. The Contractor, by submitting a bid, assumes all of said risk. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruction along existing street and drainage courses. Drainage of water from existing catch basins shall be maintained at all times. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the Engineer, are not subject to the probability of damage. The Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water will be permitted by the Engineer. In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. The City has received a permit for discharging from the California Regional Water Quality Control Board. 7-8.9 Erosion Control The Contractor shall submit a written plan specifying methods to control erosion due to the construction activities of the project. This plan shall be submitted for approval to the Director no later than five (5) days after the opening of bids. -10- 7-8.10 California Regional Water Quality Control Board Permit The City has received a permit for discharge from the California Regional Water Quality Control Board. No water quality problems are anticipated as a result of groundwater dewatering discharge. However if problems develop and it is necessary to aerate, oxidize, detail or otherwise treat the discharge, said treatment will be considered as "extra work" and shall be carried on by the Contractor. All monitoring and reporting required by the permit will be done by the City; however, this does not relieve the Contractor from compliance with other conditions, provisions and requirements of the permit. Applicable sections of said permit are reproduced and are available for your inspection at the Department of Public Works. Z 10.1.1 Traffic and Safety The Contractor shall provide for and maintain provisions for public traffic through the construction area at all times. Unless otherwise specified in these Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through 7-1.09 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, Construction Safety Orders. One lane in each direction shall remain open at all times. No closures at existing driveways shall be permitted. Flashing arrow signs shall be required on all arterial streets during construction. Safety precautions shall conform to Section 86-1.07 of State Standard Specifications and these Special Provisions. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. The Inspector may require additional devices as traffic and construction conditions require. The inspector may stop work at the job site until the required safety and traffic control devices are put in place by the Contractor. The cost for additional safety and traffic control devices shall be included in the unit price or lump sum prices bid for the job and no additional compensation will be allowed therefore. Questions pertaining to construction, warning signs and devices shall be directed to the Engineer. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. .-Il- Prior to the beginning of work, the Contractor shall provide the City a stage construction traffic control plan to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. Any relocation of travel lanes which will last longer than three calendar days shall be delineated by removing the existing striping and legends on the pavement by sandblasting and placing new striping and legends as may be appropriate to accommodate the relocation of travel lanes. Upon completion of the work and the restoration of the road surface to its final condition, the temporary striping shall be removed by sandblasting by the Contractor. Cost for removal and replacement of temporary striping shall be included in bid item, Signing and Striping and no additional compensation will be allowed therefor. Preparation of the traffic control plan(s) shall be included in the traffic control bid item and no additional compensation shall be allowed therefor. 10.1_2 Traffic Control City of Huntington Beach Traffic Signal Maintenance Group must be contacted a minimum of 48 hours prior to start of construction activities within any signalized intersection (Bill Smith - (714)536-5526). Tapers shall be designed for the posted speeds on the effected streets, or the City Traffic Engineer's recommendation. Portable delineators or cones shall be spaced 50' on center in tangents and 25' on center in curves and tapers. Tapers shall be designed in accordance with Figure 6-11, Notes 1 and 2, of the current Caltrans Traffic Manual. The traffic control plans must be prepared on 24" x 36" City of Huntington Beach Title Block (ink on starched linen or mylar) at a scale of 1" - 40'. Plans shall be prepared under the supervision of and signed by a professional civil engineer registered in California. Existing striping must be shown on the traffic control plans and modifications to lane directional arrows, pavement legends, signing, etc. shall be shown on the traffic control plans. The traffic control plans shall be prepared to the satisfaction of City Traffic Engineer. In order to expedite approval of the required construction traffic control plans, the City suggests that the contractor retain the services of a traffic engineering firm to prepare the traffic control plans. The cost of this work shall be included in bid item "Traffic Control" and no additional compensation will be given. Construction Traffic Control Plan General Notes are a part of these specifications (See Attachment ). Maintaining traffic shall conform to the requirements in Subsection 7-10, "Public Convenience and Safety," of the Standard Specifications for Public Works Construction (SSPWC) except where conflicting with the Standard Specifications sections quoted in the previous section, which will superceed requirements set forth in the SSPWC, Section 7-10. -12- The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all iri accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and Standard Specifications (dated January, 1988). Portable delineators shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 50 feet. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, from any cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty are assigned to give warning to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen" of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Agency may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor, at his expense. Should the Agency point out the inadequacy of warning and protective measure, such action on the part of the Agency shall not relieve the Contractor from responsibility for public safety or abrogate his obligation or furnish and pay for these devices. The Contractor shall conduct his operations so as to provide reasonable access to the adjacent properties and have no greater length or quantity or work under construction than he can properly prosecute with a minimum of inconvenience to the public and other contractors engaged on adjacent or related work. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. All existing stop signs and street signs shall be maintained in visible locations during construction and permanently relocated or removed as directed by the Agency. Signs which need not be maintained during construction or permanently relocated shall be removed or salvaged as determined by Agency. -13- When closing lane(s) on an arterial street, the Contractor shall use Flashing Arrow Signals (FAS). The Type (A, II, I) shall be approved by the City Traffic Engineer. Lane closures on arterial streets will be limited to non-peak traffic hours (9:00 A.M. to 4:00 P.M.) and shall be approved by City Traffic Engineer. Short term lane closures shall generally conform to the State of California Department of Transportation Standard Plans (dated January, 1988) T10, Tll, T 12, or T 13. Full compensation for conforming to this article and maintaining traffic shall be considered as included in the bid price for "Traffic Control' and no additional compensation will be allowed therefore. 7-10.2 Remove Traffic Stripes. Pavement Markings. and Raised Pavement Markers Traffic stripes, pavement markings, and raised pavement markers (RPMs) shall be removed from the existing pavement as shown on the plans or as directed by the Agency. Traffic stripes shall be removed before any change is made in the traffic pattern, and before painting new stripes, markings, and installing new RPMs. Traffic stripes, pavement markings and raised pavement markers shall be removed to the fullest extent possible from the pavement by any method that does not materially damage the surface or texture of the pavement or surfacing. Sand or other material deposited on the pavement or sidewalks as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Where blast cleaning is used for the removal of traffic stripes and pavement markings or for removal of objectional material, and such removal operations is being performed within ten feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operations. Pavement surface shall be "Fog-Sealed" after striping removal and/or replacement. Grinding shall not be permitted. Contractor will not be required to use a vacuum attachment under the following conditions: 1. When approved by Agency. 2. When the blasting sand will be confined by mechanical means to a small area. 3. When a sweeper (preferably a vacuum-type) will immediately follow the blasting operation or when traffic can be safely routed around the sand until it is swept up. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Subsection 7-10, "Public Convenience and Safety," of the Standard Specifications for Public Works Construction. -14- Removal of traffic stripes and pavement markings will be paid for as a lump sum bid price included within the bid item "Signing and Striping", and such price shall constitute full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in removing the traffic stripes and pavement markings and no additional compensation will be allowed therefore. Removal of raised pavement markings conflicting with new striping will be included in bid price for striping removal. No adjustment in the price bid for "Signing and Striping" shall be made due to a change in quantity regardless of the reason for such change. 7-10.3 Barricades All barricading shall comply with the provisions of the current State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. 7-10.5 Water Main Shut Down When a City water main or service is to be shut down, the affected residents shall be notified by the Contractor at least 24 hours in advance of the shut down. The Contractor shall proceed with the water facilities work in an expedient manner until the water lines are in service. If water service to residents is disrupted for more than 4 hours, the Contractor shall provide temporary water service to the residents. The cost shall be included in the other items bid. 7-15 Registration of Contractor Prior to the award of contract, the Contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progressions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providing a method of obtaining licenses to engage in the business of contracting and fixing the fees for such licenses; and prescribing the punishment for violation of provisions thereof, as amended. 9-3.1.2 Payment General Payment for the furnishing of all labor, materials and equipment necessary to perform all work indicated on the plans and described in these specification and Special Provisions shall be included in the contract unit prices bid for the items listed on the Proposal, and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in the prices bid for listed items. Non-listed items to be included in the unit prices bid for various items listed on the proposal consist of, but are not limited to, the following: I. Watering and dewatering. 2. Backfill, compaction an disposal of surplus material. 3. Maintaining public utility facilities. 4. Miscellaneous removals. 5. Trench resurfacing. 6. General finishing and clean-up. 7. Barricading, traffic control, and temporary striping. 8. Restoring private property improvements. 9. Potholing utilities. -15- 9-3.2.1 Progress Payments The City shall, once in each;month, cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor to the job site and not used as of the time of such estimate and the value thereof. The City shall retain money in the amount of ten percent (10%) of the progress payment unless approval of Engineer for greater percent of such estimated value of the work done is obtained. The City shall retain money in the amount of fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, provided the materials were fabricated specifically for the project. No payment will be made for standard stock items that have not been incorporated in the work. The City shall monthly pay to the Contractor while performing the work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be required to be made when in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contractor when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). At the request and expense of the contractor, substitution of securities for any monies withheld by the City to insure performance under the contract shall be permitted in accordance with provisions of the California Government Code, Section 4590. 9-3.2.2 Final Payment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty-five (35) days from the date of recording a Notice of Completion. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate of final payment, shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. -16- Section 10 Proposal Requirements 1-1 Examination of Plans. Standard Specifications, Special Provisions and Site of Work The bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the general and local conditions to be encountered; as to the character, quality and quantities of the work to be performed and materials to be furnished; as to the character of equipment and facilities needed preliminary to and during the prosecution of the Work; and as to the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 10-_2 Proposal Form All Proposals must be made upon blank forms to be obtained from the office of the Director of Public Works at the Civic Center, Huntington Beach, California. The Bidder shall submit his Proposal on the form furnished him. Proposals submitted on forms other than the one issued to the Bidder will be disregarded. All Proposals must give the prices proposed both in words and numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. If the Proposal is made by an individual, firm or partnership, name, post office address and telephone number must be shown. If made by a corporation, the Proposal must show the name of the state under whose laws the corporation was formed, and the names, title, and business addresses and telephone numbers of the President, Secretary and Treasurer. 10-3 Proposal Bid Bond All bids shall be presented under sealed cover and shall be accompanied by cash, a cashier's check, certified check, or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 10-4 Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the Notice To Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. -17- 10-5 Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice To Contractors. Bidders or their authorized agents are invited to be present. 10-6 Rejection of Proposals Containing Alterations. Erasures or Irregularities Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. 10_7 Disqualification of Bidders More than one proposal from an individual, a firm, a partnership, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collusion exists among any or all bidders, any or all Proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. -18- SPECIAL PROVISIONS The following additions are made to Parts 2, 3 and 4 of the Standard Specifications. If there is, a conflict between these additions and the Standard Specifications, these additions shall have precedence. PART 2 CONSTRUCTION MATERIALS Where applicable, alternative materials specified in Part 4 of the Standard Specifications, shall be used. 2 1-2.2 ReinforcingSteel teel Reinforcing Steel shall be Grade 40 steel conforming to ASTM A615. -19- Part 3 CONSTRUCTION METHODS A. General Descrigtion of Work The work to be done, in general consists of: Removal of concrete sidewalks, the installation of City furnished meter boxes, replacement of concrete sidewalks to match existing grades and furnishing all labor, materials, tools, equipment and incidentals necessary to perform the said work. All work shall be completed to the satisfaction of the Engineer. B. Additions to Standard Specifications 300-1.2 Preservation of Property The Contractor shall protect in place (as possible) any shrub, bush, or tree adjacent to or directly threatened by intended construction. Should removal seem necessary, the Contractor shall first contact the Engineer so that a qualified inspector can judge its possible protection, salvage, and/or relocation. 300-1.3.1 Removal and Disposal of Materials (General) No burning will be permitted. 300-1.3.1a Hauling of Materials In order to protect the City streets from deterioration due to hauling of materials, the Contractor shall submit (prior to pre-job meeting) for approval, a proposed route for the hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route only, unless written permission is obtained to change the route. 300-1.3.2(a) Hauling of Materials In order to protect the City streets from deterioration due to hauling of materials, the Contractor shall submit (prior to pre-job meeting) for approval, a proposed route for the hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route only, unless written permission is obtained to change the route. 303-5 Portland Cement Concrete Portland Cement concrete shall meet the requirements of Section 400 and these Special Provisions. For 2500 class concrete, a prequalified mix design may be used in accordance with the provisions of ACI 318-71, Section 4.2.2.1, in which fc = 2500 psi. The sodium sulphate loss requirement and the gradation X-value submittal required of Section 400-1.3.1 may be waived by the Engineer. The cement type requirement, Section 201-1.2.1, shall be Type II or Type V as determined by the Engineer. Type II or Type V cement shall conform to ASTM C 150 and the low alkali requirements of Table IA therein. -20- • The Cleanness Value requirement of Section 200-1.4 shall be replaced with the following: Tests Test Method No. Requirements Cleanness Value California 227 Individual Test 70 Min.* Moving Average 75 Min.* The Sand Equivalent requirement of Section 200-1.5.3 shall be replaced with the following: Tests Test Method No. Requirements Sand Equivalent California 217 Individual Test 70 Min.* Moving Average 75 Min.* * For 2500 or less class concrete, except concrete pavement, a minimum 65 Individual Test Result and a minimum 70 Moving Average will be acceptable if 2500 psi 28-day strength criteria of Section 201- 1.1.4 are met, at a 6-inch slump or greater. Evaluation of Sand Equivalent and Cleanness Value results shall conform to the provisions of Subsection 400-1.4. 12 Warning Signs Adequate warning signs for pedestrians shall be placed and maintained throughout all applicable phases of the work loose gravel, fresh oil, open trench, etc. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all sidewalks approzching or entering the work zone. In the absence of a specific bid items for "warning signs" the cost of this work shall be included in the other related items of work and no additional compensation will be given. 312-4 Landscaping and Irrigation For landscaping and irrigation, the City's Arboricultural and Landscape Standards and Specifications apply. Costs for all landscaping and irrigation such as, but not limited to, water meters, water service, backflow prevention, conduits for irrigation and electrical lines, excavation, select import soil and stamped concrete shall be included in the Lump Sum bid for landscaping and irrigation. Payment for landscaping and irrigation shall be based on a lump sum price and shall include full compensation for furnishing all labor, materials, tools and equipment and performing all work necessary to complete and maintain the landscape and irrigation work per landscape and irrigation plans and specifications. -21- The sixty day plant establishment period will begin after all planting is installed and accepted. M-5 Water Valve Boxes Existing water valve boxes will be brought to grade by the Contractor. Prior to construction, the Contractor shall be responsible to contact the City Water Division and under their supervision to tie out all water valve boxes. Also prior to construction, the Contractor should arrange with the Engineer to inspect the existing valve covers and sleeves as to their condition. 312- 6 Laboratory Testing shall be performed by the O.C.E.M.A. Material Laboratory or a City retained testing laboratory. 0473G -22- t i ATTACHMENTS ATTACt tM _3�MIN 4� 31 (MIN.) 0.17' I r-/w - . o � IL SAW z < CUT OR 3 EXIST JOINT sL 6" MIN. - - 6" MIN.- SAW ' CUT OR EXIST. JOINT. i w tT6" MIN. • ' 6-tJT'f V K I VIEW O CONCRETE SIDEWALK, A MIN. OF 3 FEET 'F (r-rP� IN WIDTH, SHALL BE SAW CUT PERPENDICULAR K�W TO CURB FACE AND REMOVED. O #4 REINFORCING STEEL SHALL BE INSTALLED v(7Yr) 71 NEVER UTILITY BOX OCCUPIES MORE THAN OF SIDEWALK DIMENSION �D1 3 o LOCATION OF UTILITY BOXES SHALL BE %'" i} 1•`� - ADJACENT TO CURB UNLESS OTHERWISE a•� •• �ti�r 4 i APPROVED ON PLANS. BOX AND LOCATION III I SHALL BE DETAILED. PEDESTALS AND OTHER ABOVE GRADE OBJECTS SHALL BE SHOWN AND �VTED BY DIMENSIONS TO THE NEAREST FOOT. 0 IF REMAINILG SECTION OF SIDEWALK IS ✓�GT. ON A-A LESS THAN 3 FEET, IT SHALL BE REMOVED i�2 -1�v AND REPLACED WITH REQUIRED SECTION. i O REFER TO GENERAL NOTES STANDARD PLAN 100. i ATTACHMENT "A" DEPARTMENT of Puwc W01t" UT I L I BOX INSIkIAT ON CITY OF HUNTI NGTON BEACH APPamo: _ 81- CALIFOR14IA sT NDARD 4 RIVMION GATE: PLAN AL218 i DISTRICT 445 DISTRICT 446 20452 Tideland Ln 20452 Whitetree Cr 9192 Strathcona Dr 20472 Whitetree Cr 9202 Strathcona Dr 20471 Alisa Ln 9342 Cliffwood Dr 20432 Alisa Ln 9392 Cliffwood Dr 20321 Colonial Cr 9452 Coastland Dr 20331 Colonial Cr 9392 Cloudhaven Dr 20322 Colonial Cr 20381 Harbor Isle Ln 20242 Colonial Cr 20382 Harbor Isle Ln 9661 Olympic Dr 20401 Harbor Isle Ln 9531 Olympic Dr 20402 Kelvigrove Ln 9581 Olympic Dr 9702 Olympic Dr DISTRICT 446 9692 Olympic Dr 9731 Olympic Dr 20312 Morristown Cr 9791 Olympic Dr 20281 Morristown Cr 9792 Olympic Dr 20261 Morristown Cr 9742 Olympic Dr 20322 Morristown Cr 20461 Clearwood Cr 20222 Morristown Cr 20441 Clearwood Cr 9891 Mammoth Dr 20301 Running Springs 9901 Mammoth Dr Ln 9821 Mammoth Dr 20241 Running Springs 9951 Mammoth Dr Ln 20402 Everglades Ln 20371 Running Springs 20262 Everglades Ln Ln 20282 Everglades Ln 20202 Running Springs 20441 Everglades Ln Ln 20371 Everglades Ln 20312 Running Springs 20332 Everglades Ln Ln 20241 Wind Cave Ln 20192 Running Springs 20251 Wind Cave Ln Ln 20222 Wind Cave Ln 20162 Running Springs 20101 Crater Cr Ln 20091 Crater Cr 9872 Kings Canyon Dr 20111 Crater Cr 9782 Kings Canyon Dr 9581 Lassen Cr 9951 Kings Canyon Dr 9601 Lassen Cr 9911 Kings Canyon Dr 9592 Lassen Cr 9901 Kings Canyon Dr 20201 Interior Ln 9741 Kings Canyon Dr 20232 Interior Ln 9841 Kings Canyon Dr 20221 Interior Ln 9801 Cathay Cr 20151 Interior Ln 9781 Cathay Cr 20121 Interior Ln 9791 Cathay Cr 9862 Vicksburg Dr 9792 Cathay Cr 9842 Vicksburg Dr 20131 Mc Kinley Ln 9792 Vicksburg Dr 20191 Mc Kinley Ln 9851 Vicksburg Dr 20132 Mc Kinley Ln 9902 Vicksburg Dr 20222 Mc Kinley Ln 9882 Vicksburg Dr 20232 Mc Kinley Ln 20442 Whitetree Cr 20161 Mc Kinley Ln ATTACHMENT "B" DISTRICT 446 DISTRICT 456 9792 Rainier Cr 9682 Scotstoun Dr 9781 Rainier Cr 9622 Scotstoun Dr 20041 Big Bend Ln 9702 Scotstoun Dr 20162 Big Bend Ln 9692 Scotstoun Dr 9671 Bay Meadow Dr 9612 Scotstoun Dr 9641 Rocky Mountain Dr 20522 Pierview Ln 20132 Glacier Cr 20141 Glacier Cr DISTRICT 466 20091 Glacier Cr 9611 Yellow Stone Dr 9601 Orient Dr 9651 Yellow Stone Dr 21082 Chubasco Ln 9542 Yellow Stone Dr 21022 Cocobana Ln 21032 Shackleford Cr DISTRICT 455 21042 Strathmoor Ln 9551 Panacea Dr 9291 Fireside Dr 21082 Inferno Ln 9301 Fireside Dr 21111 Red Jacket Cr 9371 Fireside Dr 9382 Fireside Dr DISTRICT 476 9431 Fireside Dr 9432 Fireside Dr 21902 Oceanview Ln 9442 Fireside Dr 21681 Saluda Cr 9411 Fireside Dr 21721 Saluda Cr 20511 Callie Burn Cr 21831 Windsong Cr 9312 Westcliff Dr 21821 Windsong Cr 9302 Westcliff Dr 21791 Windsong Cr 9292 Westcliff Dr 21841 Windsong Cr 9382 Westcliff Dr 21752 Windsong Cr 9342 Westcliff Dr 21771 Windsong Cr 21781 Windsong Cr DISTRICT 456 9691 Landfall Dr 9541 Rock Point Dr 9822 Dragon Cr 9842 Dragon Cr DISTRICT 149 9851 Dragon Cr 9882 Dragon Cr 15571 Wild Cherry Cr 20801 Sparkman Ln 15531 Wild Cherry Cr 9831 Chance Cr 6532 Red Coach Dr 9841 Chance Cr 6531 Red Coach Dr 9821 Lapworth Cr 6581 Red Coach Dr 9872 Lapworth Cr 6601 Red Coach Dr 9902 Lapworth Cr 6621 Red Coach Dr 20821 Glencairn Ln 6631 Red Coach Dr 20872 Glencairn Ln 6731 Red Coach Dr 20842 Glencairn Ln 15651 Whiteoak Ln 20931 Skimmer Ln 15611 Whiteoak Ln 20812 Skimmer Ln 15551 Whiteoak Ln 20881 Skimmer Ln 15581 Sunburst Ln 20941 Hunter Ln 15571 Sunburst Ln 20782 Hunter Ln 15531 Sunburst Ln 9562 Scotstoun Dr 15572 Sunburst Ln 9642 Scotstoun Dr 15622 Sunburst Ln ATTACHMENT "B" DISTRICT 149 DISTRICT 463 15632 Sunburst Ln 21332 Ashburton Ln 15621 Sunflower Ln 15681 Sunflower Ln DISTRICT 434 15671 Sunflower Ln 6531 Vesper Cr 8652 Doremere 15592 Dawson Ln 8541 Bellmead Dr 6862 Glen Dr 6852 Glen Dr DISTRICT 465 6752 Glen Dr 6811 Glen Dr 21442 Fleet Ln 6862 Sunview Dr 21392 Dockside Cr 6852 Sunview Dr 6812 Sunview Dr DISTRICT 436 6852 Skyview Dr 6832 Skyview Dr 9902 Moore Cr 6822 Skyview Dr 9951 Moore Cr 6802 Skyview Dr 6782 Skyview Dr 1" METER BOXES 6772 Skyview Dr 6771 Skyview Dr DISTRICT 426 15581 Oak Shire Ln 9951 Yorktown Av. DISTRICT 271 9941 Yorktown Av. 9935 Yorktown Av. 17471 Duello Ln 9931 Yorktown Av. 17461 Duello Ln 9925 Yorktown Av. 17451 Duello Ln 9921 Yorktown Av. 17462 Duello Ln 9911 Yorktown Av. 17452 Mashie Cr 9901 Yorktown Av. 7071 Nimrod Dr 9891 Yorktown Av. 7101 Nimrod Dr 19455 Brookhurst St. 7131 Nimrod Dr 19461 Brookhurst St. 7141 Nimrod Dr 19465 Brookhurst St. 7161 Nimrod Dr 7142 Nimrod Dr 7132 Nimrod Dr DISTRICT 412 7122 Nimrod Dr 17442 Lucero Ln 18881 Beach Blvd. 7101 Slater Ave 7121 Slater Ave DISTRICT 476 7131 Slater Ave 7141 Slater Ave 9552 Hamilton St. 9602 Hamilton St. DISTRICT 453 DISTRICT 477 8351 Reilly Dr 21662 Brookhurst St. DISTRICT 464 21602 Brookhurst St. 21211 Shaw Ln DISTRICT 425 7312 Garfield Ave. ATTACHMENT "B" DISTRICT 165 16642 Dolores St. 1 -- 1 /2" METER BOXES DISTRICT 457 20932 Brookhurst St. 2" METER BOXES DISTRICT 165 16884 Sims DISTRICT 411 18912 Goldenwest DISTRICT 139 6886 Bolsa ATTACHMENT "B" NFCEIVFG 11a �xT F. ,r H f FEa [3 i ;zWir varivvs (cxa+lvA-S 610 ORT� i 6io7Aa ZQm