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HomeMy WebLinkAboutTRAUTWEIN CONSTRUCTION - 1994-02-28 s a - t gDx, t 7 t, PU _ F IS PUBLIC N0710ES PU13>.�C NOTE$ } "iTICES NOTICE INVITING SEALED BIDS WSC 010 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 December 20, 1993. A charge bf $5.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Rem Quantity 1. Installation of City furnished 250 meter boxes in existing sidewalks In accordance with the provisions of Section 1773 o>,the Labor Code bf 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. No bids will be accepted from a contractor who is not licensed in accordance with the law, Califomia 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 Govemment 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 tie 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 January 19, 1994, 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, February 22,1994, 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 February 22,1994 The City of Huntington Beach, Califomia 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 6,1993. Attest: Connie Brockway City Clerk Published Huntington Beach-Fountain Valley Independent December 30, 1993,January 6, 1994 125-604 CIT# 3F WYNTINGM, ALIF. 2 oo cr) tr w > %tj C"i PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and -not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: c i December 30, 1993 January 6, 1994 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 6 1994 at Costa Mesa, California. igna ure IS) /- REQUEST FOR CITY COUNCIL ACTION Date December 6 . 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat Prepared by: �ouis F. Sandoval, Director of Public Works Subject: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS; WSC-010 APPROVED BY CITY COUNCIL Consistent with Council Policy? [XI Yes [ ] New Policy or Exception /.?— G 19V? Statement of Issue, Recommended Action, Analysis, Funding Source, Alte n ive Actio ttachments: W Statement of Issue: Council authorization is needed to solicit bids for Water Service Contract (WSC) 010, for the replacement of meter boxes at various locations throughout the City of Huntington Beach. Recommended Action: 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 prograwqinvolves the replacement of 250 concrete meter boxes with new Poly*r style meter boxes within existing sidewalks. This is the continuation of a planned, five-year, Meter Box Replacement Program, and is identified in the 93/94 Budget. The new Polymer style meter boxes offer longer life and durability compared to the existing 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. METER BOX REPLACEMENTS AT VARIOUS LOCATIONS; WSC-010 December 6, 1993 Page 2 Environmental Status: The Meter Box Replacement at Various Locations; WSC-010; has been determined to be categorically exempt pursuant to Class I, Section 15301 of the California Environmental Quality Act. Funding Source: Sufficient revenues were budgeted and are available in Fiscal Year 93/94 Account No. E-EW-PW-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 93/94 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 for Meter Box Replacements at Various Locations; WSC-010. LFS:JRR:DF:bb CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) THIS AGREEMENT is made and entered into on this day of , 1994, 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 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 some 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 I 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to 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 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works NOTICE INVITING SEALED BIDS WSC 010 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 December 20, 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 January 19 , 1994 , 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, February 22 , 1994 , 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 February 22 , 1994 . 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 6 , 1993 . Attest: Connie Brockway City Clerk N-2 �/Bid Bonds Received By: Date: DATE: January 19, 1994 -ENGINEER'S ESTIMATE: 5OK PROJECT ENGINEER David Fike JOB TITLE AND CC# Meter Box Replacements/various loci ; WSC-010 BIDDER'S NAME TOTAL BID AMOUNT 1 . Attlas-Allied Incorporated ��C P33 0- 2. B and D Electric A10 Bid 3. Jon Fiola No BSA 4. Kershaw Construction ¢y1 3'00 5. R. F. Paulus Incorporated NO ;d 6. T. A. Rivard Incorporated 7 3 Coo 7. S i l-ver l .Construction tq6 A 8. Stanford Construction � O gid 4. /WAie)' r Aurw,&# i, All.30 California: 23172 Plaza Pointe Drive 185 k,DIC AID BOND Suite ll 1� 1! Laguna Hills,CA 92653 CONTRACTORS BONDING (714)274-9733 AND INSURANCE COMPANY (814)770-9805 FAX BondNo. CA1717 Premium included in Bid Bond Service Undertaking KNOW ALL MEN BY THESE PRESENTS: That we, AT1,AS-AT j.TFT1, 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 PERCENT OF AMOUNT BID nottoexceed SIXTEEN THOUSAND FIVE HUNDRED AND N0/100 Dollars ,.l ($ 16,500.00 ), 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 INSTALLATION OF CITY FURNISHED METER BOXES IN EXISTING SIDEWALKS WSC-010 BID DATE- 1/19/94 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 in the prosecution thereof,or in the event of the failure of the Principal to enter into such contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14TH day of JANUARY -_ A.D.19 94 ATLAS-ALLIED, INC. (Seal) Principal Witness Eva Siciliani - Sec./Treas. Title Surety::Contractors Bonding and Insurance Company By. Witness BARBS THIM, Attorney-la-Fact C325d-100M.8-75 198717 Printed in cooperation with the American Institute of Architects(AIA)by Contractors Bonding and Insurance Company.The language in this document conforms exactly to the language used in AIA Document A-310,February 1970 Edition BndLHB 1.02-CA01 If ' I140 - CB IC Home Office: 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 duty 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 BARBARATHIEL,of Laguna Hills,California,its true and lawful attomey-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$1,250,000;(2)bid bonds for jobs where,if the contract is awarded,the SBA guaranteed performance and/or payment bond(s)will not exceed$1,250,0D0;(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 Permit,and Federal not exceeding the penal sum of$2,250,000;(4)bid bonds for jobs written pursuant to the authority in clause(3)above where,if the contract is awarded,the performance and/or payment bond(s)will not exceed$2,250,0D0;and (5)all other bonds not exceeding the penal sum of$500,000.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 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;and to bind the Company thereby as fully and to the same extent as 0 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 attomey-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 1,1993: RESOLVED that the President is authorized to appoint as attomey-in-fact of the Company BARBARATHIEL with power and authority to sign on behalf of the Company:(1)SBA guaranteed performance and payment bonds not exceeding the penal sum of$1,250,000;(2)bid bonds forjobs where,if 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 SuretyAssociation 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$2,250,000;(4)bid bonds for jobs written pursuant to the authority in clause(3)above where,if the contract is awarded,the performance and/or payment bond(s)will not exceed$2,250,000;and(5)all other bonds not exceeding the penal sum of$500,000. RESOLVED FURTHER that BARBARATHIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER thatthe authority ofthe Secretaryofthe Company to certify the authenticity and effectiveness of the foregoing two resolutions inany Limited PowerofAttomey is hereby delegated to the following persons;lhe signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company:Donald Sirkin,R.L.Thiel,Charles J.Falskow,Steven A.Gaines and Janet K.Lorraine. RESOLVED FURTHER that the signatures(including certification that the Power of Attorney is still in force and effect)of the President,Notary Public and person certifying authenticity and effectiveness,and the corporate and Notary seals appearing on any limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attomey itself and its transmission,may be by facsimile;and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomey-in-fact for CONTRACTORS BONDINGAND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF,CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 1 st day of January, 1993. CONTRACTORS BONDING AND INSURANCE COMPANY �$pNDIN6 too ;pQSGORPORq���G9f i • SEAL •�'- Steven A.Gaines,President �ih ••, 1g79,.; STATE OF WASHfNGTON—COUNTY OF KING r�r�gSy r N G�� On this 1 at day of January,1993,personalty 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 free 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. 1* �rH�.•.,, rr7i a••• Note blic in and f o Washin on,residing at Se a ��'•.;�NQTON����.•' The undersign f the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY,hereby certifies,as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AN INSURANCE COMPAN, t the above and foregoing is a full,true and correct copy of the Original Power of Attomey issued by said Company,and does hereby further certify that the said Power of Attorney is still in force and effect GIVEN under my Ian LAGMA CA this 4'Pfi day of JAAi[JARY 19 94 r PoaST01.07-US010193 ' SAFECO SAFECO INSURANCE COMPANY OF ANERICA GENERAL INSURANCE COMPANY OF ANERICA FIRST NATIONAL INSURANCE COMPANY OF ANERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, KERSHAW CONSTRUCTION CO. , INC. of FONTANA, CALIFORNIA (hereinafter called the Principal) , as Principal, and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety) , as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT BID *** ($***********)Dollars 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. 1.1 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 METERBOX REPLACEMENT NOW THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, writing such time as may be specified, enter into the contract in writing , and give bond, if bond is required, , with surety acceptable to the Obligee for the faithful performance of the said Contract then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 18TH of JANUARY 1994 KERSHAW CONSTRUCTION CO. , INC. Witness Title v SAFECO INSURANCE COMPAN OF AMERICA 1 GOItDON C. HILL Attorney in Fact J -'ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ON 01-18-94 BEFORE ME V. MARTINEZ A NOTARY PUBLIC, PERSONALLY APPEARED GORDON C. HILL PERSONALLY KNOWN TO BE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO E THAT HE EXECUTED THE SAME IN HIS C ACITY AND THAT BY HIS IGNATURE ON aaaaaaa*�rwawawwaaaaaaaa TH INSTRUMENT THE PERS9N OR ENTITY OFFICIAL SEAL UPO BEHALF OF WHICH THE PERSON V. PA.4RTINEZ INE ,y NOTARY PUBLIC-CALIFORNIA ACT D CU T STRUMENT SAN BERNARDINO COUNTY ib y try Comm, Exp.Dec.9, 1994 a:�awac:a:w�s�:actw*�w�a,�wwaw,� (seal) Signa 'of N tary 1► ATTENTION NOTARY: Although the data requested below is not equired by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL BM WA TITLE OR TYPE OF DOCUMENT CORPORATE Titles NUMBER OF PAGES 1/18/94 DATE OF DOCUMENT PARTNERS PRINCIPAL Limited General SIGNERS OTHER THAN NAMED ABOVE _X_ATTORNEY IN FACT TRUSTEE(S) SIGNER IS REPRESENTING: GUARDIAN/CONSERVATOR name of person or entity(ies) OTHER: (gh-aif.bnd) POWER SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA • " OF ATTORNEY SEATTLE, WASHINGTON 98185 a'AFECO® No. 9552 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint NNNN"""""GORDON C. HILL, Upland, Callfornlakkkkkkkkkkkkkkkkkkkkkkf(kkkkkkkkkkkkkkkkkkkkkkk its true and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4 t h day of January 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or yndertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (fill A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney *11 in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile se of said cor oration this � � da f 19 • S-13001EP 1193 Registered trademark of SAFECO Corporation. THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. SUR 15 29 61 Premium included in BBSU AIADocurrtentA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe Silveri Construction Company 1227 N. Olive S t. (Here Insert full name and address or legal title of Contractor) Anaheim CA 92801 asNncipaj,hereinafter called the Principal.and Golden Eagle Insurance Company 5385 El Cajon Blvd. (Here insert full name and address or legal title of Surety) San Die o, CA 92115-53 a corporaAbri duly organized u4er the laws of the State of California osSurety,herelnafter called the Surety,are held and firmly bound unto City of Huntington Beach (Here insert fun name and address or legal title of Owner) as Obligee,hereinafter called the Obligee,in the sum of ten percent of the amount bid*********** Dollars(S 10%******** ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for (Here insert full name,address and description of project) Meter Box Replacement At Various Locations, WSC-010 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. Sigma and sealed this 18th day of January 1994 SILVERI CONSTRUCION COMPANY cipa (Seal) (Witness) (Title) GOLDEN EAGLE INSURANCE COMPANY (Surety) (Seal) (Witness) � V K. R. ViodesTneAttorney-in-Fact ALA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTMJTE OF ARCHITECTS, 1735 N.Y. AVE,N.W.,WASHINGTON, D.C. 20006 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California - POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle insurance Company, a Corporation duty organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: ----->K.R. VIODES<----- its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship for ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-In-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any 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 binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. This 1st day of January, 1993, GOLDEN EAGLE INSURANCE COMPANY By: 7 P WILLIAM B. RIPPEE, PRESIDEN State of California ) County of -can D1egQ ss. On this 1st day of January, 1993, before me, the undersigned, a Notary Public in and for said County and State, personally appeared William B. Rippee, personalty known to me, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument t eh if of which the person(s) acted, executed the instrument. Lynette Rae McDonald Witness my hand and official sea ; COMM.#975663 H l ` a NOTARY KSX CALFORMA $ SAN DIEGO COUWY + YNN TTE RAE MCDONAL , NOTARY PUBLIC (Seat) My Comm.Evk"OctoLwr 13.199g6 I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed thrp a eai of the Corporation, this 18th day of January 19-94--- ' By: LARRY G. MABEE, Secretary THE AMERICAN INSTITUTE OF ARCHITECTS AJ DccumentA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe T.A. Rivard, Inc. 8884 Jurupa Road Rims Insert full name and addmw"tegi tltk of Conuacto4 Riverside,. CA 92509 Safeco Insurance of America as Principal.hereinafter called the Principal,and Company 17570 Brookhurst Street (Here Insert&A name and address or legal title of Surety) Fountain Valley, CA 92708 Washington a corporatlon'duly organized under the laws of the state of as Surety,hereinafter called the Surety,are held and"bound unto City of Huntington Beach (Here Insert full rams and address or legal tine of Owner) as Obligee.hereinafter called the Obligee.In the sum of Ten Percent of. Total Amount Bid --- ----------------1L---------------------------------------- Dollars(S 10%---- ). for the payment of which sum well and truly to be made.the said Principal and the sold Surety,bind ourselves, our hells.executors.administrators.successors and assigns,Jointly and severally," by these presents. WHEREAS,the Principal has submitted a bid for WSC - 010 Meter Box Replacements at Various (Here Insert full name,address and description of project) Locations NOW.THEREFORE. If the Obligee shots 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 Obliges the difference not to exceed the penalty hereof between the amount specified In sold 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 shop be null and void, otherwise to remain In full force and effect. Signed and seated this 19th day of January 19 94 __- .A. Rivard, Inc. (Rinclpai) (Seal) ,6 Oone ss , cy Safeco Insurance Company of America ty) -- .,� (Sari (Witness) (rifle) Kim R. Smith Attorney-In-Fact ALA DOCUMENTA310•BID BOND•ALAS*FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.N.W..WASHINGTON.D.C. 20006 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE.WASMINGTON a185 ta5 No. 9393 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint rereerererrerrKlM R. SMITH; San Clemente, Cal if orniaMeertieereeeeeeeeeeereereerree Mumma mass muss its true and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home of fice. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents 11 this 4th day of January , 1993 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: •Article V. Section 13. - FIDELITY AND SURETY BONDS . . . the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of suety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and suety bonds' and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted .July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and (III) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of January 19 94 S-13001EP 1193 QD Registered trademark of SAFECO Corporation. nSC- 'CO INDEMNITY COMPANY of CALIFORNIA BID BOND BOND NO. 50234-28 KNOW ALL MEN BY THESE PRESENTS, That we, TRAUTWEIN CONSTRUCTION as Principal,and INDEMNITY COMPANY of CALIFORNIA,a California 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 METER BOX REPLACEMENTS AT VARIOUS LOCATIONS 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 perfor- mance of the said contract,then this obligation shall be void;otherwise to remain in full force and effect. Signed and Sealed this 13th day of JANUARY 19 94 INDEMNITY COMPANY of CALIFORNIA 17780 Fitch TRAUTWEIN CONSTRUCTION Irvine,California 92714 (714)Risr By: pv' Principal MI HAEL DV-f6, 0 Attorney-in-Fact ICC 024 10/93 GENERAL BID BOND POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 160555 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,1996. 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 Attorneys)-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. STOW" 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 Two Million Five Hundred Thousand Dollars($2,500,000)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,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 8 .01 1:, P By ' By ` Da F.Vincenti,Jr. Dan F.Vincenti,Jr. p , President C`,0pPOR),°.ram President � P i OCT.S, MAR 27, o 0 ATTEST W n 1967 a ATTEST 0 1979 v t �/FORS\+�? By L/ V � iLl By Walter Crowell Walter Crowell�7 Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,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 name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL Signature � — ...•. TIRESA TAAFUA b NOTARYPUBLIC-CALIFORNIA •�� PRINCIPAL OFFICE IN ORANGEGOUNTV My Commission Exp.Aug.4,1995 CERTIFICATE ���•+� NM 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 13 th day of JANUARY ,199 4 INDEMNITY COMPANY OF CALIFORNIA PAN), DEVELOPERS INSURANCE COMPANY M \NSUq 0"11 OR,7,' �P opPOB4l'70 z01 c C MAR.27. p By / By / 1997 ` 1979 ; L.C.Fiebiger o� \'?� L.C.Fiebiger Senior Vice President ~i rIF0 Senior Vice President IFofl� r� ID-310 REV.4/93 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-010 Prepared by The City of Huntington Beach Department of Public Works LOUIS F. SANDOVAL DIRECTOR OF PUBLIC WORKS DECEMBER 1993 $5.00 NON-REFUNDABLE 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 � w 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 O10 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 December 20, 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 January 19, 1994, 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, February 22 , 1994, 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 February 22 , 1994. 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 6, 1993 . Attest: Connie Brockway City Clerk N-2 BID PROPOSAL FROM 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-010 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 materialman 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 materialman 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 box in existing sidewalk LSD 1 250 each .� �J„� ( � ` d�� per each. ° Total::-- Addition/Subtraction Install city furnished meter box in 1 each existing sidewalk 9 LJ Ito 2. ?) 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. Accompanying this proposal is /� 0 ) , 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. License in accordance with an act providing for the registration of contract License No. SWnature of Bidder Business Address Place of Residence Dated this 1 day of �j(JB , 19 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: gLC� IhI �'oxcl 2 . Address: Ir�cldc�G�t. GU-�/1�D 3. Telephone. 4. Type of firm-individual, partnership, or corporation:����/�`Z�/� 5. Corporation organized under the laws /of the State of: 6. Contractor's License Number: f Expiration Date:OZ7- y (NOTE: REPRESENTATION MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7 . List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in construction work: 13 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER 61/ 10. List the name of the person who inspected the site of the proposed work for your f i rm: Date of Inspection: //F 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of r�Dr2��17 OPTIONAL SECTION ((,,�� CAPACITY CLAIMED BY SIGNER County of gg2 Ve�� '�/N Though statute does not require the Notary to fill in the data below, doing so may prove On before me, '— (�t S`�'( (' i;//CT invaluable to persons relying on the document. , �U�"�T DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLI ❑INDIVIDUALC" _ ❑CORPORATE OFFICER(S) personally appeared--' " ZK NAME(S)OF SIGNER(S) TITLE(S) personally known to me-OR-❑ proved to me on the basis of satisfactory evidence PARTNER(S) ❑ LIMITED to be the person*whose named is/9 ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/yS�executed ❑TRUSTEE(S) the same in his/bt>+r authorized ❑GUARDIAN/CONSERVATOR capacity(�d , and that by his/l)4Lt06+r OTHER: OFFICIAL SEAL signature*, n the instrument the person KRISTIE M. ORCUTT or the entity upon behalf of which the i, OTARYPUBLIC-CALIFCPS ';:. person f.acted, executed the instrument. sa" EiERaARDIRO COS'``' SIGNER IS REPRESENTING: MY C". EXP. JULY 12 n " F NAME OF PERSON(S)OR ENTITY(IES) - r WITNESS my hand and official seal. I SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulertt reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being f irst duly sworn, deposes and says: 1. That he or she is �G�/�'�'`-- of 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 coliuded, conspired, connived, or agreed, with any bidder or anyone else to put in a sham ,bid, or that anyone refrain from bidding; 5. That the bidder has not in any ,manner, directly or indirectly, sought by agreement, communication, or cdnf` rence with anyone to fix the bid price of the bidder, or any other bidder, or fix any overhead, profit, -oncost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. P-4 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 thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (it) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. STATEPORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal,the contractor certifies: 1. That be is able to and wM perform the balance of all work which is covered in the above subcontractor Soft. 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 r ' •L y SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF RUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOB REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) Table of Contents Section 1 STATEMENT OF WORK; ACCEPTANCE OF RISK. . . . . . . . . . . . . . 1 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS ANDSPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 COMMENCEMENT OF PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 TIME OF THE ESSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 CHANGES. . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . o . . . . . . . 5 7 NOTICE TO PROCEED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . 6 8 BONDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 WARRANTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 INDEPENDENT CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 LIQUIDATED DAMAGES/DELAYS. . . . . . . . . . . . . . . . . . . . . . . . . 0 7 12 DIFFERING SITE CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 VARIATIONS IN ESTIMATED QUANTITIES. . . . . . . . . . . . . . . . . 9 14 PROGRESS PAYMENTS. . * . . * . . . 00 . 00 * 0 . . . . . . 0 . 0 . . . . . . . . . 10 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OFSECURITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 AFFIDAVITS OF SATISFACTION OF CLAIMS. . . . . . . . . . . . . . . 11 17 WAIVER OF CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS. . . . . . . . . . . . 12 19 WORKERSIF COMPENSATION INSURANCE. . . o . o . o . . . . o . . . . see 12 20 INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSUREDENDORSEMENT. . . . o . . . . . . . . . . . . . . 14 22 DEFAULT AND TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 DISPOSITION OF PLANS, ESTIMATES AND OTHERDOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 NON-ASSIGNABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 CITY EMPLOYEES AND OFFICIALS. . . . o . o . . . * 000e000 * e000 16 26 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS. . . . . 16 27 IMMIGRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29 CAPTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED. . . . . . . . . . . 17 31 ENTIRETY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) THIS AGREEMENT is made and entered into on this day of , 19�94, 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 some 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. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to 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) .ice: 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 I 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 S,,rCURITIES 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 r 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 '1 1 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 I 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 I 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 •r 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 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works i i 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.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 S, 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. ]-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. Z-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- 2-41 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- t s. 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 Unautbgdzed 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, or 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- 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 Ins2gction 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 Flans, 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-Wav 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. 4-1.1 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 Acce2tance 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- ¢�Q jiquidatgd 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 2- 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. 7-2.3.1. 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- f K 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. 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 ProRerty 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- 't Y 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 i limits of not less than $500,000 bodily injury by accident, each accident: $1,000,000 bodily injury by disease, policy limit, and $500,000 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. 11=U 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 Nose 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 Arcentance 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 "lily 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. 7-10.1.1 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. :-11- 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. 7-1Q.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 ). t Maintaining traffic shall conform to the requirements in Subsection 7-10, "Public Convenience and Safety," of the Standard Specifications for Public i 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. ji i i S n i s 9 -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 in 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, 1989). Portable delineators shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed SO 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, H, 1) 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, 1999) 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 haiard 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. I Contractor will not be required to use a vacuum attachment under the following conditions: E 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. i r -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. 21U 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. Coinpensation 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: 1. 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- e a 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%) bf 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- a Section 10 Proposal Requirements io-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. 1 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 02Cning 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---f Rejection of Proposals Containing Alterations. Erasures or IrMgularities 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. -1$- 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. 201-2.2 Reinforcing Steel Reinforcing Steel shall be Grade 40 steel conforming to ASTM A615. -19- Part 3 CONSTRUCTION METHODS A. General Description 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 SRecifications 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- ra ' 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. 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. -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. 1_?- 6 Laboratory Testing shall be performed by the O.C.E.M.A. Material Laboratory or a City retained testing laboratory. 0473G -22- 3' MIN.) �� I r-/w VAN IPA __-� ' ~ CUT OA - 3 EXIST JOINT —U CD fl. 6u MIN. - — 6p MIN,. i SAW CUT OR EXIST. JOI x 2 3 Cr NT��-- I w :3 6~ MIN. 6�JT`f13K - _ NOTES O CONCRETE SIDEWALK, A MIN. OF 3 FEET K/W IN WIDTH, SHALL. BE SAW CUT PERPENDICULAR TO CURB FACE AND REMOVED. OZ #4 REINFORCING STEEL SHALL BE INSTALLED Z(lyr) , MfOF R UTILITY BOX OCCUPJE� MORE THAN /U% SIDEWALK DIMENSION D '• � ?ter... Q LOCATION of UTILITY BODIES SHALL BE ADJACENT TO CURB UNLESS OTHERWISE •' .g %•• . . 4 i APPROVED ON PLANS. BOX AND LOCATION 11 SHALL BE DETAILED. PEDESTALS AND OTHER it •• • . ABOVE GRADE OBJECTS SHAH BE SHOWN AND LOCATED BY DIMENSIONS TO THE NEAREST FOOT. i O IF REMAINING— SECTION OF SIDEWALK IS S�GT Owl ,�/'�'A 20 LESS THAN S FEET, IT SHALL BE REMOVED �� I'��-- Alm REPLACED WITH REQUIRED SECTION. i QS REFER TO GENERAL NOTES STANDARD PLAN 100. s ATTACHMENT "A" m�moff lz Pulluc WORM UTILITYBOX I NST TON � CITYOF HUMINGTOM BEACH Apaoo : t- CALIFON" STAND"o ' N�10N DATE: A 218 . ATTACHMENTS Al TA4CjA 3 a i i 4 6 9 i fi i i i S 's It��l DISTRICT 138 DISTRICT 177 6062 Thor Dr 5751 Rogers Dr 6072 Thor Dr 5711 Rogers Dr 6031 Thor Dr 5591 Rogers Dr 6032 Thor Dr 5682 Rogers Dr 5752 Rogers Dr DISTRICT 159 5761 Rogers Dr 6751 Loyola Dr DISTRICT 179 16362 Redlands Ln 6751 Lafayette Dr 6612 Kilda Cr 6861 Lafayette Dr 6542 Shenlyn Dr 6751 Bridgewater Dr 6692 Cory Dr 6722 Bridgewater Dr 6632 Cory Dr 17472 Mayor Cr DISTRICT 164 17452 Mayor Cr 17441 Kurt Ln 4021 Figaro Cr 17451 Kurt Ln 6812 Spickard Dr DI RIOT 167 17372 Rob Roy Cr 17362 Rob Roy Cr 5971 Treetop Cr 6782 Baker Dr 5931 Treetop Cr 17361 Margarita Ln 5932 Treetop Cr 17341 Margarita Ln 5931 Midiron Cr 17321 Margarita Ln 17311 Margarita Ln DISTRICT 176 17361 Whetmore Ln 17441 Hillgate Ln DISTRICT 178 17452 Hillgate Ln 17442 Hillgate Ln 17132 Fraser Ln 17451 Hillgate Ln 6392 Freeborn Dr DISTRICT 177 DISTRICT 197 5731 Renoir Cr 5976 Bellfield Ln 17102 Friml Ln 5911 Bellfield Ln 17172 Friml Ln 17182 Friml Ln DISTRICT 198 5562 Kern Dr 5602 Kern Dr 18151 Ivorycrest Ln 17221 Berlin Ln 17172 Berlin Ln DISTRICT 199 17201 Berlin Ln 17151 Twain Ln 18031 Westlake Cr 17092 Twain Ln 18052 Westlake Cr 17102 Twain Ln 18062 Westlake Cr 17081 Tiffany Cr 18051 Upperlake Cr 17132 Tiffany Cr 18021 Upperlake Cr 5782 Rogers Dr 18062 Upperlake Cr 5781 Rogers Dr 18052 Upperlake Cr 5701 Rogers Dr 18022 Upperlake Cr 5702 Rogers Dr 18012 Upperlake Cr DISTRICT 199 DISTRICT 434 18011 Shoreview Cr 8682 Anchorage Dr 6581 Lakeview Dr 8681 Anchorage Dr 6591 Lakeview Dr 19551 Helena Cr 6601 Lakeview Dr DISTRICT 436 DISTRICT 262 9652 Warburton Dr 16781 Hermit Cr 9551 Telhan Dr 16761 Hermit Cr DISTRICT 443 DISTRICT 338 8421 Boothbay Cr 6542 Morning Tide Dr 8431 Boothbay Cr 8401 Boothbay Cr DISTRICT 423 8442 Cape Newbury Dr 20081 New Britain North Ln 19371 Worchester Ln 20082 New Britain North Ln 19362 Worchester Ln 20662 New Britain North Ln 19352 Worchester Ln 20061 New Britain North Ln 8191 Grant Dr 20021 New Britain North Ln 8201 Grant Dr 20042 New Britain North Ln 20252 New Britain South Ln DISTRICT 424 20241 New Britain South Ln 8302 Southport Dr 19021 Lindsay Ln 20201 Cape Cottage Ln 19041 Lindsay Ln 20101 Cape Cottage Ln 8781 Lanark Cr 20182 Cape Cottage Ln 19121 Lindsay Ln 8432 Northport Dr 8761 Luss Dr 8341 Northport Dr 8331 Northport Dr DISTRICT 425 20061 Port Greenwich Ln 20071 Port Greenwich Ln 9112 Hyde Park Dr 20091 Port Greenwich Ln DISTRICT 434 DISTRICT 444 8531 Doremere Dr 8961 Faust Cr 8542 Doremere Dr 8841 Burlcrest Cr 8721 Bellmead Dr 8551 Bellmead Dr DISTRICT 445 8721 Mossford Dr 8701 Mossford Dr 20272 Deervale Ln 8601 Mossford Dr 8641 Mossford Dr DISTRICT 446 8571 Larkport Dr 8582 Larkport Dr 20491 Graystone Ln 8602 Larkport Dr 9621 Bay Meadow Dr 8581 Lowmead Dr 9611 Bay Meadow Dr 8572 Boise Dr 9571 Bay Meadow Dr 19652 Topeka Ln 8662 Anchorage Dr 8672 Anchorage Dr DISTRICT 455 DISTRICT 486 20972 Crestview Ln 22261 Kittery Cr 20861 Crestview Ln 22271 Kittery Cr 20881 Crestview Ln 22272 Kittery Cr 20982 Crestview Ln 9742 Melinda Cr 20872 Crestview Ln 9542 Port Clyde Dr 20841 Crestview Ln 9551 Port Clyde Dr 9392 Fireside Dr 9541 Port Clyde Dr 9431 Westcliff Dr 9581 Port Clyde Dr 9681 Allison Cr DISTRICT 464 22111 Cape May Ln 22041 Cape May Ln 21341 Seaforth Ln 22202 Cape May Ln 21391 Yarmouth Dr 22092 Cape May Ln 21311 Breton Ln 9581 Onset Cr 21142 Breton Ln 9572 Onset Cr 21301 Breton Ln 9602 Onset Cr 21171 Breton Ln 9741 Melinda Cr 21361 Breton Ln 9691 Melinda Cr 21351 Breton Ln 9572 Castine Dr 21341 Breton Ln 9581 Castine Dr 8501 St Augustine Dr 9571 Castine Dr 8601 St Augustine Dr 9551 Castine Dr 8561 St Augustine Dr 9591 Castine Dr 9541 Castine Dr DISTRICT 465 22072 Rockport Ln 22032 Rockport Ln 21341 Compass Ln 22042 Rockport Ln 22061 Jonesport Ln DISTRICT 466 22081 Jonesport Ln 22081 Wood Island Ln 21102 Chubasco Ln 22091 Wood Island Ln 9611 Orient Dr 22101 Wood Island Ln 9562 Volante Dr 22111 Wood Island In 9832 Cornerbrook Dr 22121 Wood Island In 9912 Cornerbrook Dr 22161 Wood Island Ln 21062 Inferno Ln 22221 Wood Island In 21061 Red Jacket Cr 22131 Wood Island In 21101 Red Jacket Cr 22151 Wood Island Ln 21122 Indigo Cr 22212 Wood Island Ln 21112 Cocobana Ln 22202 Wood Island Ln 21102 Cocobana Ln 22182 Wood Island Ln 21081 Cocobana Ln 22132 Wood Island Ln 21002 Shackleford Cr 22092 Wood Island Ln 21062 Shackleford Cr 22172 Wood Island Ln 21021 Shackleford Cr 22162 Wood Island Ln 21051 Beckwourth Cr 1" METER BOXES DISTRICT 485 DISTRICT 165 22381 Harwich Dr 22391 Wallingford Ln 16751 Green St f3 DISTRICT 176 3m METER BOXES 5182 Dunbar Av DISTRICT 453 5042 Dunbar Av 17082 Leslie Ln 20661 Farnsworth Ln 4" METZR BOXES DISTRICT 178 DISTRICT 425 6372 Warner Av 6422 Warner Av 9131 Brabham Dr 6472 Warner Av 17072 Grove Cr DISTRICT 455 17092 Grove Cr 17072 Pinehurst Ln 9300 Indianapolis Av 17042 Pinehurst Ln 17021 Pinehurst Ln DISTRICT 272 17461 Dairyview Cr DISTRICT 292 18049 Beach Bl 18055 Beach B1 18061 Beach B1 DISTRICT 293 8151 Forelle Dr DISTRICT 412 18671 Beach B1 DISTRICT 443 20362 Beach B1 2" METER BOXES DISTRICT 159 6712 Lafayette Dr DISTRICT 413 18872 Beach B1 . .do ## 94-0518704 REQUESTED BY WHEN RECORDED MAIL TO: Recorded in Official Records CITY OF HUNTINGTON BEACH of rfr.„°e ��;u�nnty; Ca?ifcrnia Office of the City Clerk Lee Q. Franct,7 County Recorder P. O. Box 190 Past 1 of 1 Fees: # 0.00 Huntington Beach, CA 92648 Tax: S 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to TRAUTWEIN CONSTRUCTION who was the company thereon for doing the following work to-wit: Meter Box Replacements at various locations(WSC-010) 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 an adjourned regular meeting thereof held on Tuesday, August 2,1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. 1. Dated at Huntington Beach, California,this 4th day of August,1994. ZK 47City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 4th day of August,1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California ©, M1 THE ORMINAL nF THIS DOCUMENT Ot ',�� �l�p f� VAS RECORDED OR 24-AUG-1994? WHEN RECORDED MAIL TO: ,?!�` `'D C�R BOCUKENT NUMIER 94-0518704. CITY OF HUNTINGTON BEACH '' ,-j_! LEE A. BRANCH, COUNTY RECORDER Office of the City Clerk �Pi rjn � ORANGE COUNTS RECORDER'S OFFICE P. O. 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 who was the company thereon for doing the following work to-wit: Meter Box Replacements at various locations(WSC-010) 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 an adjourned regular meeting thereof held on Tuesday, August 2,1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach,California,this 4th day of August,1994. City Clerk and ex-officio Clerk 7 of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 4th day of August,1994. ji�4e-4, City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California DECLARATION OF SATISFACTION OF CLAIMS i , t r a"Tw�em Cjn S7'0 ucRcDN , 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 cent act entitled AIS-C --©/0 and dated �y,�Qy 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 o' the State of California: ( if none, state "NONE" ) I declare under penalty of perjury that the foregoing is true and correct. Exefjuted at on this 2`i 6-day of Sign ure of Contractor ) 660.1-1 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 Reler BMX a C.e#V ��'r-rous 1,p soar 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 . Signature and Title QLUY1,li(.. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 4, 1994 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, P. O. Box 190,Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date,book and page number. Sincerely yours, 2�� 41-1?A4`G Connie Brockway City Clerk CB:cc Enclosures g:ccVnscplltr (Telephone:714536-5227) LA,Me CITY OF HUNTINGTON BEACH Lo" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Connie Brockway, City Clerk From David F. Fike, Water Distribution Supervisor Date June 16, 1994 Subject TRAUTWEIN CONSTRUCTION, WSC-010 Attached is a photocopy of a fax we received of the Maintenance Bond issued to Trautwein Construction for contact work completed under WSC-010. We will provide you with a hard copy as soon as we receive same. If you have any questions, please contact me at extension 5453 . DFF: lb I TAME: 1 a 1 82460234 " a The Insco/Dico Group MAINTENANCE BOND BQNT) NO, 145159P PREMIUM; �-- INCLUTWO TN PERFn11MAiNCF.80 KNOW ALL MEN BY THF-St PRESENT& THAT we, TFAUTWEIN CONSTRUCTION and INDEMNITY COMPANY OF CALIFORNIA, a corporation orpnized and doing business under and virtue of the laws of the State of Califurnia and duly licensed tv conduct surety bueuless in the State of California, Surety, are held and firmly bound unto CITY OF HUNINCT'ON BEACH as Obligee, in the sun) of TWO THOUSAND FOUR HUNDRED NINETY FOUR---- ($ 2,494.00 DoUars, for which payment, Weil and truly to be made, we bind oux6elves. our heirs, executors and sucreeaot jointly and severally firmly by these presents. THE CONDITION OF THE OBLIOATION IS SUCH THAT: WHEREAS. the above named Principal entered into an agreement or agreenienta with stud Obligee to: MFTER BOX REPLACEMENT$ AT VARIOUS LOCATIONS (WSC-010) WHEREAS, said agreement provided that Principal shah guarantee replacement and repair of improvements a dsseribed therein for a period of one year £oilowlog final acceptance of said improvem.ent6; NOW, THEREFORE, if the above Principal skull indemnify the Obligee for Lill loss that Obligee play sustain b reason of any defective materials or workmanship which become apparent during the period of one year frUm an after acceptance of the said improvements by Obligee,then this o1 ligtition shall be vo(d,otherwiBE to remain In fu forte and effect_ IN WITNRISS WHEREOF, the seal and signature of said Principal;. xi,,'eto affixed and the corporate seal and th name of the said Surety is hereto affixed and attoitcd by its duly authorized Attornayiic-F'tact this 15th day of, JUNE , 19 94 TRAUTWEIN CONSTRUCTION INDEM NI Y C MP Y CALIFORNIA Prin�ip4] BY; ,M:r iu Fac, Wilshi AvC, Auah#g, (_ 92801 (714)999.1471 AGRM i(C-7U5 flkv, Ndh 4�Dda1rD6frw�6►�.L1�pS\.r,,nth.�.nn.r.[re��.a+n.roes.�.�,r._._�.e�.�.ee..�.c+c..�.,..,_L�.c._...,..�_....-_ .... _ ...�_.-�..-_ __ _ _� r �� / - DPIJ REQUES i FOR CITY COUNCIL ACTIO Date August 1, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato L Prepared by: Ray Silver, Acting Director of Public Works07ac��> Subject: METER BOX REPLACEMENTS AT VARIOUS L9GAAPPT ED BY CITY COUNCIL Consistent with Council Policy? [X] Yes [ I New Policy or Exceptio LOA CF['Y CCERK Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Trautwein Construction has completed the Meter Box Replacement project: Water Service Contract No. 010 (WSC010) . Recommended Action: Accept the improvements and authorize the City Clerk to file the Notice of Completion. Analysis: On February 28, 1994, 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 Acting 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 $ 24, 937. 50 $ 24,937.50 Construction Change Orders 2 , 500. 00 -0- Project Supplemental Costs 1, 500. 00 -0- TOTAL $ 28, 937 . 50 $ 24,937 . 50 Funding Source: Sufficient revenues were authorized for this project in Account Number E-EW-PW-924-3-90-00. August 1, 1994 Miter Box Replacements at Various Locations: WSCO10 Page 2 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 RS:JRR:DF: lb I have received MainjAn nno Rnud for Trautwein Construction - WSC-010 Meter Box Replacements at various locations on behalf of the Treasurer's Office. Dated By: � . Trautwein Construction 7445 Klusman Avenue Rancho Cucamonga, CA 91730 �iri ;co The Insco/Dico Group DW MAINTENANCE BOND BOND NO: 145159P PREMIUM: $NIL r INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, TRAUTWEIN CONSTRUCTION , as Principal, and INDEMNITY COMPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HUNINGTON BEACH as Obligee, in he sum of TWO THOUSAND FOUR HUNDRED NINETY FOUR------($ 2,494.00 Dollars, for wh ch 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-010) WHEREAS, 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 materials 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 WITNESS 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 authorized Attorney-in-Fact this 15th day of JUNE ' 19 94 INDEMNI Y C MP i CALIFORNIA TRAUTWEIN CONSTRUCTION Principal BY: 1�57 "1 'At L 0.-T�7 V V" ey-in-Fact 333 Wilshi Ave. Anaheim 92801 (714)999-1471 FORM ICC-305 REV.11/85 ` J POWER OF ATTORNEY OF Ih..JEMNITY COMPANY OF CALIFO...4IA AND DEVELOPERS INSURANCE COMPANY N2 160756 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,1996. 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 Attorneys)-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. STOW" 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 Two Million Five Hundred Thousand Dollars($2,500,000) 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,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By �/ ` By Da F.Vincenti,Jr. PA06 Dan F.Vincenti,Jr. President oo pPOR o� President PS\Nsuggh i r4o �rfo; o♦`oPPOR4roC,� i OCT.0. C , MAR 27. p ATTEST s IBsi o ATTEST i Iaie i FOR By Aloc� I/F00.By A140 hl N( Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,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 name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ------------------------------------- OFFICIAL SEAL Signature � — TIRESATAAFUA NOTARY PUBLIC-CALIFORNIA ♦ PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.4. 1995 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 1 S th day of JUNE ,199 4 INDEMNITY COMPANY OF CALIFORNIA o�PAMr o DEVELOPERS INSURANCE COMPANY 5\Naugq �O4�pPOR,�r n �P4"RP0R�l1'� B f SAY/ z OCT.S, �C \ MAR.27, o �`� Z '+ B /� �` w y c L.C.Fiebiger d n' Is67 \' i y L.C.Fiebiger Senior Vice President ji rrroA♦♦\? Senior Vice President ID-310 REV.4/93 f REQUEST FOR CITY COUNCIL ACTION Date February 22 , 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administratorro Prepared by: OfLouis F. Sandoval, Director of Public Works Subject: METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - WSC-010 APPROVED BY CITY COUNCIL Consistent with Council Policy? [XI Yes [ ] New Policy or Exception 02 - AL 8o 19 1-y- Statement of Issue, Recommended Action, Analysis, Funding Source, Alt rnative Actions, Atta K Statement of Issue: Pursuant to Council authorization on December 6, 1993 , bids were received on January 18, 1994, for Water Service Contract No. 010, the replacement of 250 water meter boxes at various locations throughout the City of Huntington Beach. Recommended Action: 1. Accept the low bid submitted by Trautwein Construction for WSC-010 and authorize the Mayor and City Clerk to execute the attached Contract in the amount of $24, 937. 50. 2 . Authorize the Director of Finance to encumber $1, 500. 00 for anticipated supplemental expenses. 3 . Authorize the encumbrance of an additional $2,500. 00 for anticipated change orders. Analysis: In keeping with an ongoing program of reducing the City's potential liability, on December 6, 1993, the City Council approved the contract documents for Water Service Contract No. 010, also known as the FY 94 Meter Box Replacement Project, and authorized Staff to solicit construction bids. The project involves the replacement of 250 deteriorated concrete water meter boxes. Replacing the damaged meter boxes will eliminate tripping hazards, thus reducing the City's potential for liability claims. Replacing the meter boxes will also reduce potential damage to the water meters contained within. This is the third year of a five-year program. February 22, 199, Meter Box Replacements at Various Locations: WSC-010 Page 2 Bids as summarized below were received and opened on January 18, 1994 : CONTRACTOR BID PRICE 1. Trautwein Construction $ 24,937.50 2. Silveri Construction $ 46, 125.00 3 . Kershaw Construction $ 47,500.00 4. Atlas-Allied, Incorporated $ 56,835.00 5. T. A. Rivard, Incorporated $ 73,500.00 Engineer's Estimate $ 50, 000.00 Staff has reviewed the bids and recommends the acceptance of the Trautwein Construction bid. Trautwein Construction was awarded the contract for this project last year, and is familiar with the project and its requirements. The other bidders have not performed this work for the City in the past. This would typically indicate why the low bid was significantly lower than the others. Additionally, because Staff is not authorized to encumber funds for supplemental costs without Council approval, the Director of Public Works recommends that the Director of Finance be authorized to encumber $1, 500.00 for the anticipated project supplemental expenses. Finally, to cover unforeseen changes in the work, Staff recommends that the City Council authorize the Director of Public Works to spend an additional $2,500.00 (10% of price) to cover these instances, if necessary. Funding Source: Contract Amount $ 24,937.50 Anticipated Change Orders $ 2,500. 00 Supplemental Expenses $ 1, 500. 00 Total Project Budget $ 28,937.50 Project Account: E-EW-PW-924-3-90-00 Sufficient unencumbered funds are available in the above account to cover project costs. Alternative Actions: Reject all bids and direct Staff on how to proceed. February 22, 199-_ Meter Box Replacements at Various Locations: WSC-010 Page 3 Attachments: Previous Council action of December 6, 1993 Proposed Contract with Trautwein Construction LFS:JRR:DFF: lb REQUEST FOR CITY COUNCIL ACTIOIJECFIVID DEPT. OF PIJREI.0 WORKS Date December 6 1993 EC 0 71993 Submitted to: Honorable Mayor and City Council WATER 0 - ;-yu N Submitted by: Michael T. Uberuaga, City Administrat TN Fq H Prepared by: ouis F. Sandoval, Director of Public Works Subject: �J METER BOX REPLACEMENTS AT VARIOUS LOCATIONS; WSC-010 APPROVED BY CITY COUNCIL :onsistent with Council Policy? (XI Yes [ I New Policy or Exception /..?- G I9AF Statement of Issue, Recommended Action, Analysis, Funding Source, Alte native Actic ttachments:aW Statement of Issue: Council authorization is needed to solicit bids for Water Service Contract (WSC) 010, for the replacement of meter boxes at various locations throughout the City of Huntington Beach. Recommended Action: 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 93/94 Budget. The new Polymer style meter boxes offer longer life and durability compared to the existing 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. C ~ METER BOX REPLACEh IS AT VARIOUS LOCATIONS; WSC-010 December 6, 1993 Page 2 Environmental Status: The Meter Box Replacement at Various Locations; WSC-010; has been determined to be categorically exempt pursuant to Class I, Section 15301 of the California Environmental Quality Act. Funding Source: Sufficient revenues were budgeted and are available in Fiscal Year 93/94 Account No. E-EW-PW-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 93/94 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 for Meter Box Replacements at Various Locations; WSC-010. LFS:JRR:DF:bb CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 14, 1994 Trautwein Construction 7445 Klusman Avenue Rancho Cucamonga, CA 91730 Re: Meter Box Replacements at Various Locations - WSC - 010 Dear Sir: 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 Nobel, Contracts Administrator, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1462K/1463K (Telephone:714-536-5227) a I have received the Faithful Performance- Bond and the Labor and Materials bond for Trautwein Construction. Meter Box Replacements at various locations WSC-010 on behalf of the Treasurer's Office. Dated _ By: Trautwein and on 5021 Quai ircle 311 ill IV Hu nti on Beach, CA 92649 Trautwein Construction `s �C} 7445 Klusman Avenue Rancho Cucamonga, CA 91730 I have received the Faithful Performance' Bond and the Labor and Materials bond for Trautwein Construction Meter Box Replacements at various locations WSC-010 on behalf of the Treasurer's Office. Dated__ �� 'C By: _ Trautwein and Son 5021 Quail Circle Huntington Beach, CA 92649 �Q ingcICO ��J1 p PERFORMANCE BOND — PUBLIC WORK Bond No. 145159P $ 623.00 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 COMPANYof CALIFORNIA,acorporation dulyauthorized underthe laws oftheState of California to become surety on bonds and undertakings,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH As Obligee in the full and just sum of TWENTY-FOUR THOUSAND NINE HUNDRED THIRTY-SEVEN N0/10Cbollars,($24,937.00------------------ lawful money of the United States of America,to be paid to the said Obligee,successors or assigns;for which payment,well and truly to 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 FEBRUARY_.28 _._-._ _ 9 94 ,with the Obligee to do and perform the,following work,to-wit:--- METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) APPROVED LS TO F01111 GAIL HUTTON ITY ATTNEY as is more specifically set forth in said contract,to which contract reference is hereby made;.:� Deputy City AttDMOY 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 3rd day of MARCH , 1994 TRAUTWEIN CONSTRUCTION INDEM ITY COMPANY of CALIFORNIA Principal o By MIC EL D. S ONG Attorney-in-Fact 17780 Fitch Irvine, California 92714 (714)263-3300 ID 026 Rev.7/92(CAUFORNIA) 4(n1Q inset jir PAYMENT BOND — PUBLIC WORK Bond No. 145159P Premium included in Performance bond. KNOW ALL MEN BY THESE PRESENTS,That 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 as Obligee in the sum of TWENTY-FOUR THOUSAND NINE HUNDRED THIRTY-SEVEN NO/100 Dollars($24,937.00------------------) 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 February 28 , 19 94 ,with the obligee to do the following work,to wit: APPROVED AS TO FORIb METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) GAIL RUTTON CITY ATTORNEY By: � J Now,therefore,if the above bounded Principal,contractor,person,company or corporation,or his or ids' u6 rcbnf�a1�191b 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 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. 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 3rd day of MARCH 19 94 TRAUTWEIN CONSTRUCTION INDEMNI COMPA Y f C IFORNIA Principal By M CH L D. S N , Attorney-in-Fact 17780 Fitch Irvine,California 92714 (714)263-3300 10 028 Rev.2/91 • 4POWER OF ATTORNEY OF EMNITY COMPANY OF CALIFI. ..CIA AND DEVELOPERS INSURANCE COMPANY N2 160627 + 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,1996. 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 Two Million Five Hundred Thousand Dollars($2,500,000)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 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY no P. L. By mr, �/ r By v r Darffe F.Vincenti,Jr. MPAwy Dan F.Vincenti,Jr. kNsuq President �G0ppP0R4�"� President �PSopF0R�g1p ? OCT.S. MAR.2T,r�0 00 ATTEST 1967 o ATTEST i 1679 v /FOPt���? By L/ VW4'^ � /Ll By A /N Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,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 name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. r.................. 9 OFFICIAL SEAL Signature TIRESATAAFUA NOTARY PUBLIC-CALIFORNIA ♦ PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Ezp.Aug.4,1995 CERTIFICATEN♦♦♦M♦1♦NN�♦♦frN 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 3 rd day of MARCH 199 4 INDEMNITY COMPANY OF CALIFORNIA �PAMr DEVELOPERS INSURANCE COMPANY \Nsuq �O40*P 0 Roll �P`opP O R,7ltip tit f,t o �o By z OC1.S, ) �i/ w MAR.2T, '0 p By L.C.Fiebiger �� a L.C.Fiebiger W n A, Senior Vice President �� r7F0A���? Senior Vice President ID-310 REV.4/93 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRAUTWEIN CONSTRUCTION COMPANY FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 3 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 9 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 9 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 10 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT &TERMINATION 11 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 12 25. CITY EMPLOYEES AND OFFICIALS 12 26. STOP NOTICES 12 27. NOTICES 13 28. CAPTIONS 13 29. IMMIGRATION 13 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 13 31. ENTIRETY 14 6/agree/traut/01/24/94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRAUTWEIN CONSTRUCTION COMPANY FOR THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS LOCATIONS (WSC-010) THIS AGREEMENT, made and entered into this a th I day of March , 1994, 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 installation of 250 meter box replacements at various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall 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 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 6/agree/traut/01/24/94 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 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 Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 6/agreeftut/01/24/94 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 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 Twenty Four Thousand Nine Hundred Thirty Seven Dollars and Fifty Cents ($24,937.50), 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 DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 6/agree/traut/01/24/94 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 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. 4 6/agrwAraut/01/24/94 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 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 three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent 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 and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 6/agremrauU01/2"4 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 Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 or 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 6 6/agree1rauV01/24M4 required by this Agreement to be furnished to 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. 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. 7 61agree/traut/01/24/84 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS 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 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 8 6/agree/traut/01/24/94 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 6/agrwArauV01/24M 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 fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 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 policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 6/agreMraut/01/2"4 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a 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 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 aggregate 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 ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required 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 canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 policies hereunder 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 refused 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 11 6/agreeAraut/01/24/94 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 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 reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 6/agreMrauV01/24M 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. 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. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 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 Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 6/agreeftut/01/24/94 31. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. TRAUTWEIN CONSTRUCTION: CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of MARK TRAUTWEIN, Owner California 400, 01 ,j am✓ City Clerk 4V Mayor APPROVED S TO F M: R�E,/VIE D AND APPROVED: l CL<�l - ay:��A AVGc A Attomey City Administrator INil TE A "PRVED: Director of r ublic Works 14 6/agre&tauY01/24/94 mw IS$RN GATE(MIWDD/YY) ROM 02/07/94 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 IA HABRA BLVD SUITE 101 POLICIES BELOW. P O BOX 788 COMPANIES AFFORDING COVERAGE LA HABRA,CA 90631 BARNY A CNA DJC caw'PA"Y B INSURED LETTER Trautwein Construction COMPANY C 744S Kiusman Avenue Rancho Cucamonga,CA 91730 LETTER ' D COMPANY E LETTER EM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INEUR[D 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 POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE INSURANCE POLICY NUMBER DATE 00*DD/YY) DATE(MM/DD/�'Yl LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 X OOMMERCIAL GENERAL LIABILITY PRODUCTS{:OMPpP AGG. S 1,000,000 A CLAIMS MADE rX OCCUR. 507825092 12/01/93 12/01/94 PERSONAL AAmINJURY I 19000,000 X OWNER'S A CONTRACTORS PROT EACH OCCURRENCE i 1,000,000 �{ FIRE DAMAGE (Any or*Ire) S 50,000 n:r �,.• - - N MED.EXPENSE ON one Pow $ 5,000 AUTOMOBILE LIABILITY T W•.` ` X ANY AUTO r.,. (D LIMIT ED SINGLE $ 1,000,000 i hi" X ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUDs 12/01/94 �° P° °X , 0 IRED wros X HNOH-0WNED AUTDS B4: De BODILY (P--ddIwt)RY = GARAGE UABIL17Y PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE i OTHER THAN UMBRELLA FORM WORKERS COMPENSATION STATUTORY LIMITS AND WC110939032 12/01/93 i2/01/94 EACH Ae0I?F.NT $ 1,000,000 A DISEASE—POLICY UMT $ 1,000,000 EMPLOYERS' LU►BMJiY DISEASE--EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS)LOCATIONS/VEHICLES/SPECIAL ITEMS ` Job:WSC-007 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Additional Insured: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL IBe12Itfea kX]w City of Huntington Beach MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main Street LEFT, SO =xXFl9)6=XK= ` Huntington Beach,CA 92648i70f7'0ie7°" Attu: David Fike R ATIVE C mr►�r� SG STATE P.O. BOX 807, SAN FRANCISCO,CA 94 1 0 1-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 229-94 UNIT 0003924 ISSUE DATE: 01-01-94 CERTIFICATE EXPIRES: 01-01-95 CITY OF HUNTINGTON BEACH JOB: ALL OPERATIONS RISK MANAGEMENT ATTN: JULIE FITTERY EMPLOYEES - 0 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. 1 PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/01/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. A�r?G�r n P;r TO `0R1WT Gh�i Attorney EMPLOYER LEGAL NAME TRAUTWEIN AND SON FRANK TRAUTWEIN 5021 QUAIL CIRCLE HUNTINGTON BEACH CA 92649 PRINTED: 12-27-93 P0408