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Home My WebLink AboutANRO CONSTRUCTION COMPANY, INC. - 1994-09-20Mr. Barron Our File No. 50270 November 21, 1995 1; Page 2 Re: Principal: AMO Construction Bond No.: Obligee: City of Huntington Beach Project: Town Lot and Old Town Alley Improvements Project; CC-907/CC-850 Our File No.: 50270 Ladies and Gentlemen: Vigilant Insurance Company ("Vigilant") has retained our firm to represent it in claims against the City of Huntington Beach. The name and post office address of the claimant is: VIGILANT INSURANCE COMPANY c/o Wayne Walton, Esq. 15 Mountain View Rd. P.O. Box_ 1615 Warren, NJ 07061-1615 The post office address of the person presenting the claim and where notices are to be sent is: David L. Hughes, Esq. BOOTH, MITCHEL & STRANGE 3080 Bristol Street, Suite 550 P.O. Box 5046 Costa Mesa, CA 92628-5046 The date, place and other circumstances of the occurrence or transaction which give rise to the claim asserted herein are: A) A contract between the City of Huntington Beach and ANRO Construction Company, Inc., ("ANRO") for Town Lot Alley improvements (CC 907) and Old Towne Alley improvements (CC 850) ("Project") for the: City of Huntington Beach, California. Vigilant issued Performance and Payment Bonds for ANRO with the City of Huntington Beach as obligee. B) Several payment bond claims have been made against Vigilant and Vigilant has made payment on some of those claims. It continues to adjust the balance of the claims and a total liability for Vigilant has not yet been determined. C_\FILES\DL}4\50270\BARRON.N211236] 0 ! Mr. Barron Our File No. 50270 November 21, 1995 Page 3 A general description of the indebtedness, obligation, damage and loss incurred by ANRO and, therefore, by Vigilant as surety, is outlined in the following areas: 1. Labor Estimate - $10,255.00 2. Yard Rental - $ 3,500.00 3. Bond - $13,000.00 4. Rental Equipment Unliquidated 5. Payment Bond Claimants - $ 9,424.50 5. Lost Overhead and Profit for ANRO - Unliquidated 7. ANRO Equipment - Unliquidated 8. Vigilant's Attorney's Fees - $ 1,675.02 TOTAL ESTIMATED CLAIM: $37,854.52 As further claims are adjusted and liquidated, Vigilant reserves the right to amend its claim to the City of Huntington Beach. The name or names of the public employee or employees causing injury or loss are unknown at this time. The amount claimed by ANRO and, therefore, Vigilant, exceeds $10,000. .jurisdiction over this claim would rest with the Superior Court of the State of California. We shall follow this correspondence with a more detailed analysis as issues and claims are resolved. If you have any questions or comments regarding the claim of Vigilant against the City of Huntington Beach for the Project, please feel free to call at any time. Very rul r A DAVID L. HI DLH/tc CC: Wayne Walton urg, ES C_\FILES\DLH\$0270\SARRON-N21[238] BOOTH, MITCHEL & STRANGE ATTORNVY5 3080 DRISTOL 5TREET. SuITE 550 p 0 BOX 5046 COSTA MLSA, CALIVORNIA 02628-504G 0 Connie Brockway, CMC OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 Main Street P. O. Box 190 Huntington Beach, CA 92648 . . . . . . . . . . . . . BODTH. MITCHEL & STRANGO GL=+OC C YC l OAV&7: �t� Ew W s^vns ATTORNEYS «+[+ ., r �v.••aLw Wvp L. nuO �[S �- :l T LCf+'L - •-s...L�+-[+w �VJRI Lh�[O�.•.a •LLL[• tivw� tw�>_....w. 3060 9R1570L STREET. SUf7e 550 •••Yi O nc.-OGO wOSC- , -EL— . E.-Es C. -G E G A",Ew P.O. BOX 50445 .cw .•ALLJw s+['E.. COSTA MESA, CALIFORNLA p2(328-304G ..-_s[•+*.. L►6GS TELEPHONr_ f714) 841-OZ17 FAX 1714) 957-0411 r4C [ L itW7T • c-c-c n u _a w O•+•S c_-s'c_ . G LC.•. _►• • o+soti 11con s -It. t « It R+w+O s.wr. Goss r'e "=•c-" _�Io" November 21, I995 r•L T A.v10 •. a R7vxLA Joseph C. Barron, Deputy City Attorney CITY OF HUNTINGTON BEACH P. O. Box 190 2000 Main Street Huntington Beach, CA 92648 B^TES (SOOT.. .00L19E7 ,VO RNA" P WILL+AN 10)7-100Ej COS ANGELES crrrCC 301- FLOOR • EOLl1TAOLC PLAZA 343S -IL S-IRE 00VLEVARO LOS A.ti OLLES. CALJF0RN2A 000)0.2050 TELEP-ONL f2131 738.0900 FAX f2131 380.3308 1N REPLY REP'ER TO. COSTA MESA John F. Miller, Construction Manager SENT VIA FAX TRANSMITTAL CITY OF HUNTINGTON BEACH (714) 374-1573 Public Works Department 2000 Main Street P. 0. Box 190 Huntington Beach, CA 92648 Connie Brockway, CMC OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 Main Street P. 0. Box 190 Huntington Beach, CA 92648 Auditor CITY OF HUNTINGTON BEACH 2000 Main Street P. 0. Box 190 Huntington Beach, CA 92648 Pisk Manager _'Y OF HUNTINGTON BEACH ,. 'r 0 Main Street P. 0. Box 190 Huntington Beach, CA 92648 C-\FILES\DL3i\50270\BARRON. N211238) To STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) CITY OF HUNTTINGTON BEACH Project: OLD TOWN ALLEY IMPROVEMENT :Name N 0w,e'- :.a.rc p0cy Ca1s:IAI*r II,r9 hO Ca: IkaTel 2000 MATN ST PCH AND HUNTINGTON STREET IAnliess II 01-CYC'0 a 0ati'7 sa.r-yS 00 I(W JW1 cSe a0a'e55:I aaYr 11,3 Crs VC :Add ess! HUNTTNGTON BEACH, CA 92645 HUNTINGTON BEACH IC", slate ax tip; :�:y sld:e W-C :{i+ TAKE NOTICE THAT AMERICAN COMPACTION EQUIPMENT INC. maT-e a1 Ire 0e150r W '" C'a To,.0 Te sic-C rCIKe I. Kefyed C.i',aC:U'S rx % -is- -re �-ru JICC *'1.0 Corlr3.Clor 5 Y:ense 5 Is-W[I whoseaddressis 32981 CALLS PERFECTO, SAN JUAN CAPIS'TRANO CA. 92675 (ACCreSS Cl pe'5.1.1 :.:n C'a:Twt .:.p rv1:Ce! has performed labor and furnished materials for a work of improvement described as tonows: OLD 'TOWN ALLEY IMPROVEMENT, PCH AND HUNTINGTON STREET, HUNTINGTON BEACH I.Wir one 10fdlgr 01 IV IMOICC: wtVe w[rx 0r m11tallS wr'e'.ar•S:a.1 The labor and materials furnished by claimant are of the following general kind RENTAL EQUIPMENT 11 d a lava- Serv,ces ewommt- a ru:erra!s :ur sxa a a'leta:a ce IW.Nscea vi cuylu 4) The labor and materials were furnished to or for the following party INCON EQUIPMENT COMPANY/ ANRO CONSTRUCTION 11aaTe 01 Me parry wX acmes the .rocs 0r :ruxrrasl Total value of the whole amount of labor and materials agreed to be furnished is 5 The value of the labor and materials furnished to date is ........ ..... —Claimant has been pad the sum of and there is due, owing and unpaid the sum of :..................................... - S S S 1283.55 1283.55 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: By- AMER-ICAN COMPACTION EQUIPMENT INC 1:uM 01 slop rawOe :rer or arer:l d slDp n1AKe CIWriarl mist 51;ln M-rt a'la +erriY WlOwl VERIFICATION PRESIDENT I, the undersigned, say I am the (-PreSoe'ri rag. -A ;arrwr nl' 'Owncl of' 'Agee[ 0:-- eX 1 the claimant named in the foregoing Stop Notice: I have read said Stop Notice and know the contents thereof-, the same is true of my own knowledge I declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct Executed on 4-4 19 95 at SAN JUAN C A P I S T R A N O California tua!e ns COOMMI was Srrtal iname of ulr vt seep race s") ". onal S DuLle 01 JIe rdmdia wM is Swe]rAg Mal Yee Corans o: Slop na4e are IrUC) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159.3161. or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162. please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope This information must be provided by you under Civil Code Sections 3159. 3161. or 3162- Signed IClarriar:l mw: trmw 5MI.70a'eS;eC S'aIvri "n I*eI See reverse side for additional Information WDLCGT•S'-CAM R44 57CP %Q-IICr—r+r. a 91 1p-ce class 31 x-!o:e yuj ne I as 1Mrr.. lea: it. 1,1 n ail I> jrks.:re make wt2le+er 0 &%ft a t appro.:.JT"NCESSary 10 YOU rsrrcWi c 159: WIXC07 IS. INC uafrsx" con ull a lawyer e you *XIX :'1e tam s 11',vcss la yp:l pupo5e aria use nfxco-s makes no represM:allon of wafray.y. eases or enplita, wlp: respect to pft n,e1ChM1:a0rley or Urns of Irms lorm 1p1 an raeflaea use a purpast IIII110617117117115�1�13113�1894 , ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is 10 make payments under the prime contract, or with commissioners, managers. trustees. officers, board of supervisors. board of trustees_ Civil Code §§3179-3214_ (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner Civil Code §§3156-3175_ (3) A stop nonce is good only following the filing of a preliminary notice 20 days after the claimant first furnishes worts or matenals to the lob srte. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs M'AMERICAN COMPACTION }, EQUIPMENT, INC. LW/— MONTY 1HDE l PIEsaFlll I � � 1J j V 31"1 GU plmm ii,141Um so ]am Iwo Diamond („gmu +tus (prNu1r Mfgw Tu 11441 N71 -8004NISA177 Fu 1141661.0141 r L CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE C12 6 9 6 THIS IS O A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or Reputed Construction Lender, If any. Jobslte Is federal public Work ❑ TI09 40 USE Sec 270A-270E ----------FOLD HERE ---------- OWNER or T or Reputed Owner (on private work) a Z001556383 PUBLIC AGENCY (on public work) r C CITY OF HUNTINGTON BEACH 2000 MAIN ST. 0 HUNTINGTON BEACH, CA, 92648 P Y._ L ---------- FOLD HERE---------- I AMERICAN COMPACTION EQUIP INC. 32981 CALLE PERFECTO SAN JUAN CAPISTRANO,CA, 92675 800--899-1177 has furnished or will furnish labor. services, equipment or materials of the following general description, RENTAL EQUIPMENT for the buJaing, structure or other work of improvement located at, OLD TOWN ALLEY IMPROVEMENTS, PACIFIC COAST HWY & HUNTINGTON ST., 1st THRU 6th STREETS HUNTINGTON BEACH, CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: INCON EQUIPMENT 2535 W. 237t<h ST. ##127 TORRANCE, CA, 90505 310-325-9174 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is. Trutt Funds to which Supplemental Fringe benelits are payable: NOTICE TO PROPERTY OWNER It bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the lass, through court foreclosure proceed- Z 0 015 5 6 3 8 4 ings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against ORIGINAL; CONTRACTOR or this consequence by (1) requiring your contractor to furnish Reputed Contractor, If any. a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other r -I method or device which is appropriate under the circumstances. ANRO CONSTRUCTION Dated: 12/ 6/19 ,l �,4 C� 6700 STANTON AVE. L� _�l BUENA PARK, CA, 90621 s4iou a tttlel Telephone Number (909) 593-7892 L PRELIM SYSTEMS rNC- 3139 N. GAREY AvE Su1ITE 107. POMONA. CA., g1767 ADmi Njisi 1-vF OPPICE CONSTRUCTION LABORERS TRUST FUNDS For Southern California HEALTH & WELFARE PENSION VACATION - TRAINING & RETRAINING 4401 SANTA ANITA AVENUE • EL MONTE, CALIFORNIA 91731 • TELEPHONE (818} 442-4500 MAILING AOORESS • P O BOX 8025 • EL MONTE, CALIFORNIA 91731 January 31, 1995 City of Huntington Beach 2000 Main StreeT Huntington Beach, California 92648 Re: STOP NOTICE CLAIMS Anro Construction Company, Inc. City of Huntington Beach California ewer Water Line and Alley Improvements, Old Town District— CC907 and CC850 Gentlemen: Enclosed are two 2 stop notice claims by employees of Anro Construction_ Company, Inc. General Contractor on the above referenced project. Please file and acknowledge receipt of each of the claims and mail the acknowledgement to the claimants in care of this office. Also enclosed is a request for notice pursuant to Civil Code Section 3185, and statutory fee of $2.00. Thank you for your attention and reply. Very truly yours, AMERICAN BENEFIT PLAN ADMINISTRATORS 6 f�/'A� Joseph C. Eickholt FIELD REPRESENTATIVE CC: Rubin L. Gomez, Business Manager, Laborers Local Union 652 r 28 SOUTHERN CALIFORNIA LABORER'S 12047 COLLECTION OFFICE - COST ACCOUNT 4399 SANTA ANITA AVE., STE. 200 EL MONTE. CA 91731 16-49/1220 28 JANUARY 27 95 19 PAY TO THE ORDEROF CITY OF HUNTINGTON BEACH $ 2.UU �w _ --DOLLARS Union Bank Los AnSe n Dornto" Reponal Office n= r 900 Soute Mam Stma V l.m Anyeka. CA 90015-1730 FOR ANRU _ W��_ tl'0 L 204Wm 1: 12 2000496i: L0084il1756 412 ADMINIS1RA11vE O" f iCL CONSTRUCTION LABORERS TRUST FUNDS For Southern California HEALTH & WELFARE . PENSION . VACATION . TRAINING & RETRAINING 4401 SANTA ANITA AVENVE • EL MONTE_ CALIFORNIA 91731 • TELEPHONE (818) 442.4500 MAILING ADDRESS • P O BOX 8025 • EL M.ONTE. CALIFORNIA 91731 REQUEST FOR NOTICE PURSUANT TO CIVIL CODE SECTION 3185 TO: City of Huntington Beach CERTIFIED MAIL 2000 Main Street P 394 340 314 Huntington Beach, California 92648 ATTN: LARRY J. TAITE OR HOLDER OF FUNDS Re: Anro Construction Company. Inc. City of Huntington Beach, California, Sewer, Water Line and Alley Improvements, Old Town District CC 07 and CC850 Pursuant to Civil Code Section 3185, you are requested to furnish the undersigned on behalf of these Stop Notice claimants with notice as set forth in Civil Code sec. 3185, that is: "No later than 10 days after the filing of a notice of completion or after the cessation of labor has been deemed a completion of the public work or after the acceptance of completion, whichever is later, the public entity shall give notice of the expiration of such period to each stop notice claimant by personal service, or registered or certified mail." Attached is a check in the amount of $2.00 as required by the above cited Statute. Notice should be sent to: Santiago V. Osnaya Martin Delgado 16 AMERICAN BENEFIT PLAN ADMINISTRATORS ATTN: JOSEPH C. EICKHOLT, FIELD REPRESENTATIVE 4401 Santa Anita Avenue E1 Monte, California 91731-1605 TED: January 31, 1995 - n , n /; ZOSEPH C. EICKHOLT, FIELD REPRESENTATIVE AMERICAN BENEFIT PLAN ADMINISTRATORS ON BEHALF OF CLAIMANTS cc: Rubin L. Gomez, Business Manager, Laborers Local Union 652 y� 2e STOP NOTICE NOTICE TO WITHHOLDER OF FUNDS TO: City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 ATTN: LARRY J. TAITE OR HOLDER OF FUNDS NOTICE IS HEREBY GIVEN that pursuant to California Civil Code section 3110 and section 3181, the worker listed in Exhibit "A" hereto, files the instant stop notice on the public entity described below, and recites that: 1. Claimant, Santiago V. Osnaya, whose address is c/o American Benefit Plan Administrators, 4401 Santa Anita Avenue, E1 Monte, California 91731-1605 was employed by Anro Construction Company, ("Employer") and performed labor on the public works project described below. 2. The employer was contractually obligated by a collective bargaining agreement with the Southern California District Council of Laborers to pay wages and additional compensation to the claimant at the regular hourly rate and overtime rate provided for in that contract. 3. The Employer failed in the contract for work due and owing the amount wages and additional cam after deducting all just the legal rate per annum least November 29, 1994. to pay claimant the full compensation specified performed at this public work, so that there is s stated in Exhibit "A" totaling $340.96 for pensation. This sum is the demand of claimant, credits. Interest on the claim is accruing at from the date compensation became due or from at 4. The work was performed on the Sewer Water Line and Alley Improve- ments, Old ,Town District, Public work Contracts number CC850 and CC907 under contract with the City of Huntington Beach, California, hereinafter referred to as "PROJECT". S. The claimant performed work as a laborer upon this work of improve- ment for the hours specified in Exhibit "A". This labor was necessary for the construction, alteration or repair of buildings, improvements or structures upon the above described work of improvement. 6. The City of Huntington Beach. California contracted with Anro Construction, Inc., ("Prime Contractor"). This work was performed at the instance and request of the City of Huntington Beach, California. 7. Pursuant to California Civil Code section 3186, you are directed to withhold from the Prime Contractor sufficient funds to satisfy this claim with interest. Executed this `T h day of JANJUA P9- , 1995, at E1 Monte_, California. For Claimant By: STATE OF CALIFORNIA } ) ss. COUNTY OF LOS ANGELES ) On this ` -M day of JANtAtZ , 1995, before me, ]VONNE 14 a Notary Public, personally appeared, ,SAIVTIA&V V. 65AAYA proved to me on the basis of satisfac- tory evidence) to be the person OCJ whose name X) is/alesubscribed to the within instrument and acknowledged to me that he/*fq'b/tWy executed the same in his/h)d/th Tr authorized capacity(i�o), and that by his/her/0,44ar-ir signature on the instrument the person(X) or the entity upon behalf of which the person(' acted, executed the instrument. WITNESS my hand �,a(nddofficial seal. �Vh-)L. .L �! l r 1T IYVONNE H. HGA Y N1JiF rr1 , Notary Public COWAI1033237 9W1 Hday PkMC - C 4famb LOS ANGELES COUNTY Comm. Expire AIL 27.1998 STOP NOTICE NOTICE TO WITHHOLDER OF FUNDS TO: City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 ATTN: LARRY J. TAITE OR HOLDER OF FUNDS NOTICE IS HEREBY GIVEN that pursuant to California Civil Code section 3110 and section 3181, the worker listed in Exhibit "A" hereto, files the instant stop notice on the public entity described below, and recites that: 1. Claimant, Martin Delgado, whose address is c/o American Benefit Plan Administrators, 4401 Santa Anita Avenue, El Monte, California 91731-1605 was employed by Anro Construction Company, ("Employer") and performed labor on the public works project described below. 2. The employer was contractually obligated by a collective bargaining agreement with the Southern California District Council of Laborers to pay wages and additional compensation to the claimant at the regular hourly rate and overtime rate provided for in that contract. 3. The Employer failed to pay claimant the full compensation specified in the contract for work performed at this public work, so that there is due and owing the amounts stated in Exhibit "A" totaling $410.32 for wages and additional compensation. This sum is the demand of claimant, after deducting all just credits. Interest on the claim is accruing at the legal rate per annum from the date compensation became due or from at least November 29, 1994. 4. The work was performed on the Sewer, Water Line and Alley _Improve- ments, Old Town District, Public Work Contracts number CC850 and CC907 under contract with the City of Huntington Beach, California, hereinafter referred to as "PROJECT". 5. The claimant performed work as a laborer upon this work of improve- ment for the hours specified in Exhibit "A". This labor was necessary for the construction, alteration or repair of buildings, improvements or structures upon the above described work of improvement. 6. The City, of Huntington Beach, California contracted with Anro Construction, Inc_, ("Prime Contractor"). This work was performed at the instance and request of the City of Huntington Beach, California. 7. Pursuant to California Civil Code section 3186, you are directed to withhold from the Prime Contractor sufficient funds to satisfy this claim with interest. Executed this �/ day of 'Thuokz 1995, at E1 Monte-, California. For Claimant By: �i7eriy��c7 Martin Delgado STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this C�LjtT'1 day of 1A'Al(JA-k Y._, 1995, before me, Yvonne H. Higa, a Notary Public, personally appeared, Martin Delgado, 44e (or proved to me on the basis of satisfactory evidence) to be the person oC whose name X) islaXe subscribed to the within instrument and acknowledged to me that he/EWe/tWy executed the same in his/ham/thber authorized capacity ()4) , and that by his/h`&/th)idr signature M on the instrument the person X or the entity upon behalf of which the person joel acted, executed the instrument. WITNESS my hand and official seal. - -Z� vfitn'�_ d - 4�� 1 YV ne H. Higa, Nota ublic o o3 ' NO&V Pima — Caffowft LOS AP4RU COWN My COMM EJ4* s JUL 27.19" SOUTI-IFRN CALIFORNIA LABORER TRUSTS 4401 S,XNTA ANin A1'ENUL : F1. MO1'TE. CA1,11-111CNIA 91731 0u / �� Uri �t�• ;+rGa ` V City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 ATTN: LARRY J. TAITE OR HOLDER OF FUNDS CERTIFIED MAIL P 394 340 314 fI/J&oo.'?o 1 4 . "Im r4'1) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 26, 1995 Robert N. Campbell 135 Yorba Street Tustin, CA 92680 Dear Mr. Campbell: CALIFORNIA 92648 Enclosed are copies of the contract with Anro and of the payment bond. We will deduct the two dollar check you sent us. Please send an additional three dollars which will cover the cost of the copies. To date a Notice of Completion has not been authorized on this project. I am referring your letter to the City Attorney's office and the Public Works Department. These two departments will assist you in your request pursuant to civil code 3185. Connie Brockway City Clerk Evelyn Schubert Deputy City Clerk g:Wcampbell 11Te1ophone, 71453"2271 ROBERT N. CAMPBELL, ATTORNEY AT LAW 135 Yorba St. • Tustin. CA 92680 • (714) 731-3711 • fax (714) 731-3757 December 13, 1994 City of Huntington Beach 2000 Main St. I luntington Beach, CA 92648 Re: My Client: Pacific Clay Products, Inc. Contractor: Anro Construction Project: Sewer & Water Line, Alley Improvement (CC907CC850) Dear Madam or Sir: LEC rj 3 ;I An r34 RE tA'.' 79R ,1Ey 7 fUNT,':,-0:,!gfACN pe,eq 2PNI V71J-Z)W- I tA S Please be advised that my client has not been paid for the materials provided to Anro on the above project. As such, enclosed you will find a fully executed stop notice relating to that job. I trust you will fully comply with the provisions of the Stop Notice. In accordance with § 3185 of the Civil Code, I am enclosing my check in the amount of $2.00. Please comply with that statute by timely providing me with a notice of the expiration of the stop notice period at such time as there has been a notice of completion filed, the cessation of labor such that the City has deemed the cessation to be a completion of the public work, or after the acceptance of completion of the project. It would also be appreciated if you would send me a copy of the contract and the payment bond for the project. Yours truly, C' ROBERT N. CAMPBELL lh STOP NOTICE (LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS) TO: CITY OF HUNTINGTON BEACH, 2000 Main St., Iuntington Beach, CA 92648 PROJECT: Sewer & Water Line, Alley Improvement (CC907CC850), Huntington Beach, CA. TAKE NOTICE that PACIFIC CLAY PRODUCTS, INC., whose address is c/o Robert N. Campbell, Attorney at Law, 135 Yorba, Tustin, CA 92680 has performed labor and furnished materials for a work of improvement described as follow;: sewer and water line, alley improvement. The labor and materials furnished by claimant are of the following general kind: Clay Sewer Pipe. The labor and materials were furnished to or for the following party: ANRO CONSTRUCTION CO, INC. 1. Total value of the whole amount of labor and materials agreed to be furnished is: $11,635.65 2. The total value of the labor and materials furnished to date is: $11,635.65 3. Claimant has been paid the sum of: $ -0- 4. and there is due, owing and unpaid the sum of. $11,635.65 YOU are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. APPROVED AS TO FOR14:! CAIL IMTTOIi,,, City Attorney By:.Deputy City Attorney 11171gf FIRM NAME: PACIFIC CLAY PRODUCTS, INC. C c:::�' BY: ROBERT N. CAMPBEI L. AGENT VERIFICATION I, the undersigned, say: 1 am the agent for the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: December 13, 1994 C /— � Robert N. Campbell LAW Or r1Cf ROBERT N. CAMPBELL 13S YO4DA IUSTIN. CAUFORNIA 92680 II.I1011I1!,#It.flisllll;pOki III City of Hulllioaior, 2000 Main St. Hum;ngton 3eadi, CA 926,18 Sec. 3176.5 CIVII. CODE it 1 jo is found to be true, then the defendant is deemed to he a prevailing party- Leg.H. 1991 ch_ 1129. §3176.5. Bonded Stop Notice ---Calculation of Interest When Plaintiff Is Prevailing Party. If the plaintiff is the prevailing party in any action against an owner or construction lender to enforce pay- ment of a claim stated in a bonded slop notice, any amounl awarded on the claim shall include interest at the legal rate calculated from the date the bonded stop notice is served upon the owner or construction lender pursuant to Section 3172. Leg.H. 1991 ch. 1129_ CHAPTER 4 STOP NOTICE FOR PUBLIC WORK An. I_ Application of Chapter_ §3179. Art. 2. who Is Entitled to Serve a Stop Notice §3181 An. 3. Conditions to Service of Stop Notice- §43183-3187_ An. 4_ Pnonnes- §§3190-3193. An. 5. Release of Stop Notice. §§3196-3205- Art. 6- Enforcement of Rights Arising From Stop Notice - §§3210-3214 ARTICLE 1 Application of Chapter §3179. Applicability Only to Public Work. The provisions of this chapter apply only to a public work. Leg.H. 1969 ch. 1362. operative January I. 1971 ARTICLE 2 Who Is Entitled to Serve a Stop Notice §3181. Persons Entitled to Serve Stop Notices. Except for an original contractor. any person mentioned in Section 3110. 31 1 1. or 3112, or in Section 4107.7 of the Public Contract Code, or furnishing provisions, prov- ender, or other supplies, may serve a stop notice upon the public entity responsible for the public work in accordance with this chapter Le&H. 1969 ch. 1362. operative January 1. 1971, 1970 ch. 252, operative January i, 1971, 1971 ch- 1284. 1987 ch. 746- Ref.: Cal- Fms Pl. & Pr.. "Architects." "Public Works." ARTICLE 3 Conditions to Service of Stop Notice Cooditions for entitlement to enforce stop notice -Preliminary 20-day notice (public work) it required. §3183. Time limit for effective service of stop notice. 93184. Notice of expiration of stop notice period by public entity-S2 payment when stop notice is filed required. §318S. Duty to withhold -Amount surf dent to answer claim and litigation costs §3186. Duty to withhold -Not applicable when possession has been surrendered --Nod applicable to excess- §3187. §3I83. Conditions for Entitlement to Enforp Stop Not ice -Preliminary 20-Day Notice (Public Work) If Required. A claimant shall be entitled to enforce a stop iugt only if he has complied with each of the foil" conditions - (a) lit shall have given the preliminary 20Way Mtja (public work) in accordance with Section 3098 if ntrpCV by that section. (b) He shall have tiled his stop notice as defined, Section 3103 and in accordance with Section 31& Leg.H. 1969 ch. 1362. operative January 1. 1971. Ref.: Cal. Fms Pl. & Pr, "Public Works " §3184. Time I.imit for Effective Service of Stop Notice. To be effective. any stop notice pursuant to this chw must be served before the expiration of - (a) Thirty days after the recording of a nonceir completion (sometimes referred to in public works asn notice of acceptance) or notice of cessation. if such notia is recorded- (b) If no notice of completion or notice of cessm is recorded. 90 days after completion or cessation. Ltd 1969 ch 1362. operative January I. 1971. Ref.: Cal, Fms Pl & Pr., "Public Work; ,"..Sanimima Sewerage Disincls §3185. Notice of Expiration of Stop Notice Period by Public Entity-S2 Payment When Stop Notice Is Filed Required. No later than 10 days after the tiling of a nolad completion or after the cessation of lahor has beendeem a completion of the public work or after the acceptor of completion, whichever is later, the public entity SW give notice of the expiration of such period to each sq notice claimant by personal service. or registered c certified mail_ When service is by registered or cen15R mail. service is compleie at the time of the deposit of 0 registered or certified mail in a United States post oNhT addressed to the claimant at the address shown uponk Stop notice claim_ No such notice need be given unk' the claimant shall have paid to the public entity the sa of two dollars ($2) at the time of filing his stop noon Leg.H. 1969 ch. 1362. operative January I, 1971- §3186. Duty to Withhold --Amount Sufficied to Answer Claim and Litigation Costs. It shall be the duty of the public entity. upon recut' of a stop notice pursuant to this chapter, to withhold hffl the original contractor. or from any person acting 00 his authority, money or bonds (where bonds are tit a issued in payment for the work of improvement) duro to become duc to such contractor in an amount suffic"O to answer the claim stated in such stop notice and; provide for the reasonable cost of any litigation [tiered der. Leg.H. 1969 ch 1362, operative January [. 1g71. Ref.; Cal- Fms PI & F'r.. "Building Contracts." Work, ulg7. Duty to Withhold-Ni Wb.n possession Has Been Su Alicable to Excess. TW chapter does not prohibit (a) tOuey or bonds to the original conlr- 0*$S estop notice is on file before I m actually surrendered possession c :bondshis , or money. or (b) the pa, [Yor or assIgnee of any mom Orin amount sufficient to answer the djhns stated in stop notices on file pMent plus such interest and tour XMnably anticipated in connectio L4X 1969 ch. 1362. operative Jan Ref- Cal- Fms PI_ & Pr_. -Public Wo h ARTICLE 4 Priorities pm rau distribution or insufficient fun W recoverable in bond action. §31t F,he stop wire--Forfeilure of right& No priority given to original conlr: ..:Carnishers subordinate to stop noli. f3190. Pro Rata Distribution fonds If the money withheld pursuant to be utsufficient to pay in full all of the in such notices, the same shall be dis: stop notice claimants in the same ratio I claims bear to the aggregate of such va regard to the order of time in whit notices may have been served or their if any. commenced_ Leg.H. 1969 cl h]twary I. 1971. `Ref.: Cal Fms PI_ & Pr-. "Public Wort 93191. Deficit Recoverable in I Nothing in this article shall impair it notice claimant to recover from the sureties any deficit that may remain unl rate distribution in an action upon the by Chapter 7 (commencing with Sect, 1%9 ch. 1362, operative January I. 1 Ref.: Cal_ Fms Pl. & Pr-. "Public Wort 13192. False Slop Notice --Fore Right& Any person who willfully gives a fi Lbe public entity or who willfully inch Labor. services, equipment, or materials lde work of improvement with respe, notice Is given, forfeits all right to part nU distribution of money or bonds with] ch. 1362. operative January 1. 1971. Ref•: Cal. Fms PI. & Pr . "Public Worts- 13193. No Priority Given to Or. Contractor's Assignees ---Garnish Subordinate to Stop Notice Clain No assignment by the original contra. 'coney due or to become due to the of Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTI(:L TO _CITY OF HU;V'rT Gh' BEACH -PUBLIC WORKS DEFT (\'umr• of C onsrrurNon Lender. 11Irh(rt Hodr or Owner) ATTIL:_tARRY TATE-2QOQMAIaV_ST-IIUN-TING'lON BEACH, CA 92648 l--lrldr[•s sl (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE: SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SF.CI IONS 3179 - 3214) Prime Contractor: AARO CC) STRUCTION-6700STANTON AV._-BUENA PARK Sub Contractor (If Any) Owner or Public Bode: CITY OF_IU`NTTN ION-BEACH-2000 MAIN ST—HUNTINGTON BEACH,CA 92648 Improvement known as _CC907ICC908_.TQWX LOT/OLD TOWN. -ALLEY (.1Varne and address of pryrrr or ,rorA of rnrprorenlr'Irl) in the City- of KLf1iI'i=.N_ BEACH , County of QR_tLNGE .__ State of California. 1111KNA DARK LU11BER & HDWE,1NC. Claimant, a corporation _ (Clulntanit rCorllnrulron.'Purin(rshrp So{r Proprr('rorshrp) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is ANTPQ_C�NSTRUCTIOu l:�unrr of .tiu k'unrracror: Cirnrru[ rar.Os,'rrrr-Na,lder/ The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was —CONCRETE_RED1 PIIX,_WIRE AND VARIOUS BUILDING MATERIALS. West-rrhe :n de'lurll Total %alue of labor, service, equipment, or materials agreed to he furnished......... $ '16cal value of labor, service, equipment, or materials actually furnished is............ $ 172.67 _ Credit for materials returned, if any.............................................................. $ AMOL1nl paid on account, if any................................................................... $ Amount due after deducting all just credits and offsets ..................................... $ 172.67 YCIIJ ARE: HERF.BI' N(7TIFiEI) to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of- S 177-1- and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is nqt.. attached. (Bond required with Stop (a, is nol) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date ��.5 Name of Claimant _BUE►yL-ARK LUMBER & .HARDWARE IN.C_._.. 6586—BLACK BLVfq _ (. lading iddressl BUENA PARK CA 90621 I3y_ A. RILEY (-tirgnw rrre•I _CREDIT (()!firm{ ('apal-11.1-1 E:RIFi(:Ah10\ 1, the undersigned, state: I am the _AGES I-ilr;['nl ri1 "/'rorrlt•n! of-: 'A Partner of': "Owner o(; ['rc.l the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents (IAIll 111 iJi II9�"-iiW ll-ihilVtii lCUgC. -- --- - —--- i certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _ 1 �- , 19 a BUENA PARK State of —CALJ-FORINTA _ A. RILEY _ .S!!•natl(re pfillirnani nr Awhorized Av('rrl) REQUEST FOR NOTICE: OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code j Sections 3159, 3161 or 3162. ff!�I i Signed' .. _ - -. A. RILEY_ (Clarmani mast rnrlosr s4gfaddre(l slamped erlrelope) B CA F OHM a IrSNOn s; +,•A9. S" 2 — f,. -STD-P NOT/ CE ,UNITED -STATES POSTAL SERVICE I NRO Official Business 111111 PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $"i00 El 1 I 1 Print your name, address and ZIP Code here BUENA PARK LUMBER ' 6586 BEACH BLVD. BUENA PARK. CA 906212994 i 1 I S1NClE1904 _ 6586 Beach Boulevard Buena Park, CA 90621-2994 It CERTIFIED Z 065 950 430 ■ 0 . . ,......... 61 5-/1(a4fr7, � r PW�Tbw" bck lift lit I11111Ill III#IIIA IIIIIIIill IIII Ill IIIIll Ill 1fIll ItIIIll II 0 1 N145 DPCv /�G ,i¢w a Stop Notice CALL ORNIA CIVIL CODE SECTION 3103 NOTICE IU . City of Huntington Beach Attn : Larry Taite -(Hume of Con.,rrucr:on Lender, Puhlr( Bodv or 0,vner) 2000..Main_Street, Hunting ton-$Parh ('a-92648 _- rArlrlrecs,J (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or Kith the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file.~iih office of controller. auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract -- CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: __ Anro Construction Sub Contractor (If Anv) . Anro Con5xrmction Owner or Public Body: City of Hunt.i.n?,ton_R ach __ Improvement -known as. Paci.fjc Coas.tP,ty_�_]iuntfngton.__ 1 `anti' and uddre„ of pro)e(l or Nord of rrrrprovenrew) I I in the City of Huntitgton Beach _ _ County of Orange State of California. Owl Rock Products Claimant.a Partnership (C larrnann ICurpnrarrr+n: Purrnerslup Sole Proprrerorshrp) furnished certain labor, service, equipment or materials used in the above described work of improvement. i'he name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is _ (.\time of .Subcorrrrucror (-unrrarrOr '0,.ner-f3urlder) Anro Construction The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Asphalt and/or Rock and Sand (Describe rn delad) dotal value of labor, service, equipment, or materials agreed to be furnished......... $ - 1,133.24 -Ibial value of labor, service, equipment, or materials actually furnished is............ S 1 , 133.24 Credit for materials returned, if any.............................................................. S .- 0 Amount paid on account, if any................................................................... $ 0 Amount due after deducting all just credits and offsets ..................................... $ 1 , 133.24 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy clairnant's demand in the amount of $ 1 , 133.24 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by la" A bond (CIVIL CODE: SECTION 3083) is not attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date December 6, 1994__ Name of Claimant Owl Rock Products (f rrrrr Name) P,O._ Box 330 (.tlarlor: Address) A �a CCa 91 p 6� By —��"� (Srk nurureJ Cordon_ Gibson / Credi-t `tanager (Ulf crul C'apaca ) VERIFICATIOrN I, the undersigned, state: I am the Credit Manager of C-1Renr of': "Pre.'srdew of 'A Partner of': vn--1 the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and kno%ti the contents thereof, and I certify that the saute is true of my oa+n knuwledge.'- — I certify (or delcarc) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 6 19 94 at Arcadia State of California. (Si.knurure of Clarrnunr or Aurhorizerl Aee'n!) REQUESTFOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond ha%ing been recorded in accordance with Sections 3235 or 3162, please send native of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: -- - - (Clarnraw rnusr enclo.se ;elf addreued .,ramped envelope) t_A FC)nM 4 IF,,& (I) 7.7,-FS-q_ -,(= r * FV L OWL ROCK PRODUCTS 020 069 162 DEC 8,94 �� %� 2Id R K P � l•'. I K J14 City of Huntington Beach Attn : Larry Taite 2000 Main Street Huntington Beach Ca 92648 �=12648-2763 21 Stop Notice C-0� CALIFORNIA CIVIL CODE SECTION 3103 NOTICE: TO CITY OF HUNTINGTON BEACH F:ti'arrre of Corrsrrrrction Lender. Public Bodv or Owner) 2000 N. MAIN, HUNTING CN BEACH, CA 92648 -- -- (Address) (if Private Job — file with re-ponsible officer or person at office or branch of construction lender administering the construction funds or with the owner —• CIVIL CODE SECTIONS 3156 - 3175) (if Public job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CiVII. CODE SECTIONS 3179 - 3214) Prime Contractor ANRO CONSTRUCTION Sub Contractor (If Any) _ N/A — Owner or Public Body_ — CITY OF HUNTINGTON BEACH OLD TOWN ALLEY IMPROVEMENTS Improvement known as O _--- _ 1 ame and address of pro rrr or work nj empr-o4rmenl) CORNER OF PACIFIC COAST HIGHWAY AND HUM GPON ST., HUNTINGTON BEACH in the City of HUNTINGTON BEACH _ County of State of California. ORANGE UNDERGROUND SHORING SPMIALISTS _ , Claimant, a CORPORATION tclarmonf) (Cnrporation/)artnership/ o!e Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is ANRO CONSTRUCTION— (,tiirme r�] $rrbcnnrrac rnr:'Contruclor; Orrnpr-lhrildcrl The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was —.SHORING AND MISCELLANDOUS S1JPPLI1rS_.4 'RA=._ON A RENTAL AND SAf.RS TICKETS INCLUDING PLATES AND ALL ACCESSORIES THAT APPLY. O)etc-rrhe to derail) ibtal value of labor. service, equipment, or materials agreed to be furnished......... $ 1,346.05 EST. * Total value of labor, service, equipment, or materials actually furnished is ............ S 1,346.05 EST. * Credit for materials returned, if any.............................................................. S -- -- Amount raid on accoutit, if anv................................................................... S _ Amount duc after deduct-Ing al] Just credits and offsets ..................................... S 1,346.05 EST. YOU ARE RERM MYTIF'IED to withhold sufficient monies held by yoti on the above described project to satisfv claimant's demand in the amount of S _ 1,346.05 and in addition thereto sums sufficient to co%cr interest, court costs and reasonable costs of litigation, as provided by law. A botid (CIVIL CODE. SECTION 30931 is not _ _ attached. {Bond required with Stop (-'is not) Notice screed on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on cowner on private johs)_ DECEMBER 5, 1994 UNDERGROUND SHORING SPECIALISTS Date _ . _ . —Name of Claimant -. . - FINAL BILLING PENDING RETURN OF OWIPMF U FROM JOBSM. (trrrn Nvrne) 2861 E. CORONADO (:5lrrehnR -0drl,Pss) _ ANAHEIM, _. CA 92 By — lRrralrrrc•J . MARY J. R , PRESIDENT/CEO _ �... (()))r(ral [ apacrrr) VERIFICATION I, the undersigned, state- I am Ow PRESIDENT ANDCEO OF _ _ ("-Iient rrI'; Presrdew (T: -4 Partner n!" 7.),mer of'; etc ) the Claimant named in the foregoing Stop Notice. I have read said claim of Slop Notice and know the contents thereof, and I certifv that the s.,unc is true of my own knowledge. 'coici +rrldc'r tivitdity hi pt rjory under the iaws of tmc atate of C:alilornia that the foregoing is I1l1C and correo. E\ecuted (in 5th DAY OF DECEMBER ] 94..._ . at AN M - __-- State of .. CALIFORNIAJ ---- — — - (Srr;n ,rrr a tnrrnt nr .lorhnrt�erl ARenll kf-;QUEST FOR M1OTICF: OF ELEC,T10N (Private Works Only) If an riection is made not to withhold funds pursuant to this stop notice by reason of a payment bond having hcen recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days f .Such election in the enclosed preaddressed stamped envelope to 1 the address of the claimant Shown o%e. This information m provided by you under Civil Code 1 .Sc•ciccros 119, 3Ih1 or 102- Signed:— .lornranr snow enct se Aelj r . sm srartwed en,elope) 9:fA ;70n%4 4 IFSNOV ImPS9 UNDERGROUND SHORING SPECIALISTS 2861 Coronado • Anaheim. CA 92 M0 ADDRESS CORRECTION REQUESTED f �1)fC tr`� 7.3 a{[jI i 2 .(., 1 CITY OF HUNTING71M BEACH 2000 N. MAIN HUNTING ON BEACH CA 92648 'iLE^f4{.`=l�?•3 �� 11l113ll�k�IIIlllillllTlkk�l��lill!{111i1fill�Iktllkk!!!1IlI ;� � CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 28, 1994 Anro Construction Company, Inc. 6700 Stanton Avenue, Suite A Buena Park, CA 90621 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 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 the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB -cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copics/bonds, insurance g=cc�cas}►con {Telephone: 774536-6227) NOTICE INVITING BIDS for ' Town Lot/Old Town Alley Improvements, (CC-907 & 850) Notice is hereby given that sealed bids will be received by the Huntington Beach City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on August 23, 1994, at which time bids will. be opened publicly and read aloud. Plans, specifications, and other contract documents may be obtained starting August 1, 1994 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $35.00 if picked up or 540.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid , made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements_ Each bidder must be licensed and also prequalif ed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids_ By order of the City Council of the City of Huntington Beach, California the 18 of May, 1994_ Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 REQUEST FOR CITY COUNCIL ACTION Date: May 16, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCII Submitted by: Michael T. Uberuaga, City Administrator l9yy Prepared by: 4c Louis F_ Sandoval, Director of Public Works Crry _L•IZK Subject: TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS, CC-850 AND CC-907 Consistent with Council Policy? 1X1 Yes I j New Policy or Exception Statement or Issue, Recommended Action, Analy%is, Environmental Status, Funding Source, Alternative Action, Attac12ts: S— � 9 STATEMENT OF ISSUE: Staff has completed plans and specifications for Town Lot and Old Town Alley Improvements, CC- 850 and CC-907, and staff is now requesting City Council approval to advertise the project_ RECOMMENDED ACTION: Approve the plans and specifications for Town Lot/Old Town Alley Improvements and authorize the Director of Public Works to solicit bids for construction- ANALYSIS - Staff completed the Master Plan for Downtown Alley Pavement Reconstruction in November 1993. This project is consistent with the work scheduled for the 1993/1994 fiscal year of that Master Plan. Due to age and maintenance priority, many of the alleys in the City have deteriorated to a point where they should be removed and reconstructed_ Staff proposes to begin a program to construct concrete alleys that would be economical to build and have almost no maintenance costs. In order to minimize cutting into the new pavement, existing sewer and water lines should be reconstructed prior to paving operations Estimated cost to replace all deteriorated alleys in the City is $24 million. This cost includes the reconstruction of sewer and water lines in the alleys. On January 3, 1994, City Council approved P & D Technologies of Orange to prepare plans, specifications and cost estimate for reconstruction of I I alleys within the Town Lot Area. The plans and specifications include construction of concrete alleys, sewer mains, sewer laterals, water mains and water services at various locations throughout the project limits On February 7, 1994, City Council approved NBS Lowry to prepare plans, specifications and cost estimate for a similar project within the Old Town Area_ ENVIRONMENTAL STATUS: This project is categorically exempt per the California Environmental Quality Act , Section 15301 FUNDING SOURCE: Funds for this project are available as follows: Measure "M" Fund E-SX-PW-975-6-39-0 $432,330 Sewer Projects Fund E-SL-PC-903-6-76-00 $250,000 Sewer Projects Fund E-SL-PC-896-6-76-00 $138,011 Water Projects Fund E-EW-PW-943-6-39-00 $390,046 Total $1,210,397 Construction estimate- $966,990 20% contingency $193,397 5% change orders $50,000 Total 51,210,387 ALTERNATIVE ACTION: Deny aproval of the recommended actions and forego or delay the project ATTACHMENTS: Vicinity map Detail maps (Exhibits A and B) FJcnarne:G:CrAI'FMCA90711 i _Z4n4/,e,e,w,no1en t pu6/ls4 S1V- NOTICE INVITING BIDS for Town Lot/Old Town Alley Improvements, (CC-907 & 850) Notice is hereby/ given that sealed bids will be received by the Huntington Beach City Clerk at City Ha11, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on August 23, 1994, at which time bids will be opened publicly and read aloud Plans, specifications, and other contract documents may be obtained starting August 1, 1994 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $35.00 if picked up or $40.00 if mailed Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid , made payable to the City of Huntington Beach_ The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code_ Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law_ The City Council of the City of Huntington Beach reserves the right to reject any or all bids By order of the City Council of the City of Huntington Beach, California the 18 of May, 1994. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 No CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION N TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR SEWER FUNDING REQUIREMENT ON TOWN LOTIOLD TOWN PROJECTS, F I S 94-55 DATE: SEPTEMBER 7, 1994 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $157,444 to accommodate necessary sewer - related improvements associated with both the Town Lot and Old Town Alley Projects_ Upon approval of the City Council, the balance of the unaudited, undesignated Sewer Fund would be reduced to $: DTV: skd 0005398.01 09/07/94 2:42 PM - : y�a'z APPROVED BY CITY COUNCIL 19 REQUEST FOR CITY COUNCIL AT Mix crt-yct.txh Date: September 19, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T_ Uberuaga, City Administrator - Prepared by: 10R'ay Silver, Assistant City Administrator/Acting Director of Public Works INC. Subject: TOWN LOT / OLD TOWN ALLEY IMPROVEMENTS, CC-907 / CC-850 Consistent with Council Policy? JXJ Yes [ I New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachmen STATEMENT OF ISSUE: On May 18, 1994, City Council authorized a call for Bids on the Town Lot/Old Town Alley Improvements project. On August 23. 1994, the Citv_ received eight bids and is now readv to award the contract to the lowest responsive bidder_ RECOMMENDED ACTION: 1. Approve the attached contract subject to award of contract to Council approved lowest responsive bidder, and 2. Accept the low bid submitted by Anro Construction Company Inc., 6700 Stanton Avenue, Suite A, Buena Park, CA 90621 and authorize the Mayor and City Clerk to execute the contract for the Town Lot/Old Town Alley Improvements project, for a total bid amount of $1,037,446. and 3. Authorize the Acting Director of Public Works to expend up to $1,283,972 to cover the contract amount of $1,037,446, anticipated construction change orders of $103,745, construction inspection of $82,781 and supplemental expenditures of $60,000. ANALYSIS: The following Bids were received on August 23, 1994= 1. Anro Construction Company Inc. $1,037,446.00 2_ Peter Arturkovich and Sons $1,067,299.75 3. Mladen Buntich Construction $1,270,681.25 4_ Miramontes Construction $1,263,351.50 (corrected to $1,347,331.50) 5_ T.A. Rivard $1,379,379.00 6_ Steve Bubalo Construction $1,520,000.00 7_ Williams Supply Company. $1,638,058.25 (corrected to $1,638,062.25) 8_ Shaµmur Corporation $1,932,942.00 (corrected to $1,944,327.50) Engineer's Estimate $1,102,000 1�-3 ENVIRONMENTAL STATUS: This project is categorically exempt per the California Environmental Quality Act, Section 15301. FUNDING SOURCE: Funds for this project are available in the following expenditure accounts and unreserved, undesignated Sewer Fund Measure"M" Fund E-SX-PW-975-6-39-0 $ 429,000 Sewer Projects Fund E-SL-PC-903-6-76-00 $ 250,000 Unreserved, undcsignated Sewer Fund G-SL-3-01-01 $ 157,444 Water Projects Fund E-EW-PW-943-6-39-00 $447,528 Total $ 1,283,972 Construction amount: $ 1,037,446_ 10% anticipated change orders- $ 103,745_ Construction inspection 8% : $ 82,781. ** Supplemental expenditures Soils & Material testing (6%): 60.000. *«« Total $ 1,283,972_ Staff is requesting a 10% administrative Change Order limit of $103,745, Due to complexity of work involved and the size of this contact the $50,000 limit set by Resolution Number 4896 is inadequate. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the plans, and changed City requirements_ ** Staff is requesting an additional 8% encumbrance: for inspection in order to assist the construction inspection staff at this time. Due to the combination of numerous construction projects underway within the City and a shortage of public works inspectors, staff is required to contract for construction inspection. *** Typically, 6% encumbrance for supplemental expenditures such as soils & material testing is standard. ALTERNATIVE ACTION: Deny approval of the recommended actions and forego the project. ATTACHMENTS: FIS Construction contract Project Location Map RS-LJT:DSK-1jt CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANRO CONSTRUCTION COMPANY, INC. FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) 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 4 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 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29_ IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6/agree/tomioU09107/94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANRO CONSTRUCTION COMPANY, INC. FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this 28th day of October , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ANRO CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth Street from Walnut Avenue to Orange Avenue, and between Third Street and First Street from Walnut Avenue to Orange Avenue (CC 907),.and between Alabama Street and the prolongation of California Street from Atlanta Avenue to Chicago Avenue (CC 850), 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 61agreertownkW0=7194 expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and 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 2 6lagreeAawnV109107194 Im 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 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 One Million Thirty Seven Thousand, Four Hundred Forty -Six Dollars ($1,037,446), 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 One Hundred Thirty -Five (135) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 6lagreeRownbt U%U7l94 3 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no 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 4 61agreeltown1oV09107194 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work 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 5 6/agreeltownbUO..# V94 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 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: a. CC #907 Phase 1: Five Hundred Dollars ($500) Phases 2, 3, and 4: Three Hundred Fifty Dollars ($350) b. CQ #850 Three Hundred Fifty Dollars (8350) 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. 6 61agreMownUAW7194 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 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 7 61agreeAowrJot/M07l94 increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the 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 8 6/agreMa"IotM107194 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 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. 9 6/agreettowvnlat/09107194 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 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 of 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 10 &agr"Aown1oV09107194 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 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. 11 61agreeAa nbt/M7194 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 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 12 61agreeltownloVo9/07194 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 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 13 Vagree townlot109107194 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. 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. ANRO CONSTRUCTION COMPANY, INC., P41 /- — ) CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of TeienceV. Pa on, President California _ -- Scott" Peterson, Secretary .'?TTES f: City Clerk REVIEWED ND APPROV ity Administrator Mayor APPROVED AS TO FORM: 7 Io- Ls-11 City Attorney -7-sr INITIATED AND APPROVED: Director Public Works 14 6tagreeltownlot1OMV94 H N W Y a J EXHIBIT B FRANKFORT AVE. ELMIRA AVE. z 0 I— z H z D 2 DETROIT AVE. OLD TOWN ALLEY IMPROVEMENT PLANS CC-850 F= 0 a z ce 0 d U Amhtl�.� GTY OP 14_JNTr1GTON SAC" DC9-MTN 0W Ors VLOLiC WOQW-5 rLLI c1r.,lr[�4YjmKun.vrc VIGILANT INSURANCE COMPANY PERFORMANCE BOND 15 Mountain View Road, P. O. Box 1615 CALIFORNIA PUBLIC WORK CtiUBB Warren. New Jersey 07061-1615 Bond No. 8901 1026 it w Premium s 13 874 .00 aub)ed to adjustment upon compRition cR oonvem at applieabie rate on OM ao=&O price KNOW ALL MEN BY THESE PRESENTS that Anro Constructi on Company, I nc . as Principal, and VIGILANT INSURANCE COMPANY. a New York corporation, as Surety, are firmly bound unto City of Huntington Beach as Obligee. In the sum of One Million Thirty Seven Thousand Four Hundred Forty Six ---------------------- Dollars (S 1 ,037 , 446.00 ), for the payment al which sum we bind ourselvas, our heirs, executors, administrators, and successors, Jointly and severally. THE CONDITION OF THE FOREGOING OBUGATION IS SUCH, That WHEREAS the above -bounden Principal has entered Into a contract dated with said Obligee to do and perform the foHowing work, to wit: Town Lot and Old Town Alley Improvements Project; CC-907/CC-850 NOW, THEREFORE, 0 the above -bounden Principal shag faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain In hill force and effect. PROVIDED FURTHER THAT any suit under this bond must be Instituted before the expiratlon of two (2) years from the date of substantial completion of the work to be performed under the Contract Signed, sealed and dated October 5,1994 _ Anro Construction Company, Inc. by CT r`• . i. -z 4- VIGILANT INSURANCE COMPANY by �-. Mark E.Shr k¢ngast /4-iorney to F&O Form 15-07-0357 (En- 3.93) STATE OF CALIFORNIA S.S. COUNTY OF Los Angeles On October 5,1994 _ _ before me, Patricia A. Qnlan personally appeared Mark E_� hr �kengast X personally known to me; or proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/arxK subscribed to the within instrument and acknowledged to me that he/sce.:yx executed the same in his/kenuctke6a authorized capacity(ixm), and that by his/twxx their signature(s) on the instrument the person(I6) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL (SEAL) PATRICIA A. DOLAN KI 1<RT W But • CAUM MIA LOS ViGELES COUNTY My Commtssioe E.spim F.D. 8. IM eaginaZt�ure oNotary Public CAPACITY CLAIKED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) x n;.t;,rney-in-: act Trustee(s) Guardian/Conservator Other: Signer is representing: Surety and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE -We12n21 -pis Q/921 .N VIGILANT INSURANCE COMPANY PAYMENT BOND Id 15 Mountain View Road, P. 0. Box 1615 CALIFORNIA PUBLIC WORK KI Warren, New Jersey 07061-1615 cHuela Bond No. 8901 1026 ftwrwm Included 1n pwlo� bond KNOW ALL MEN BY THESE PRESENTS that Anro Construction Company, Inc.. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are fimnly bound unto City of Huntington Beach as Obligee, In the sum of One Million Thirty Seven Thousand Four Hundred Forty Six --- _---Dollars (S 1 03�uc er444 6 ,0o). for the paymem of which sum we hind ourselves, our heirs, executors, administrators, indy and THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS the above -bounders Principal has entered into a contract dated with said Obligee to do and perform the following work, to wwtt: Town Hot and Old Town Alley Improvements Project: CC-907/CC-850 NOW, THEREFORE, 0 the above -bounden Prtnclpal or his subcontractor shall fall to pay any of the persons named In Section 3181 of the Civil Code of the State of Caitfomla, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the coruract, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, Surety wall pay for the same. In an amount not exceeding the amount specified in this bond, and also, In case suit Is brought upon thEs bond, a reasonable attorneys fee, to be fixed by the court. This bond shall Inure to the benefit of any and all persons, companles or corporations entitled to file clairns under Section 3181 of the Ci►Po Code of the State of California, so as to give a right of action to them or their 2ssigns in any suit brought upon this bond. Signed, sealed and dated October 5, 1994 Anro Construction Company, Inc. P4'-�by l 61 VIGILANT INSURANCE COMPANY AJ by Form 1542.OIM (£Q 3-93) Mark E. etkengast 1►Wney in Fad "IRMORA• s ►M STATE OF CALIFORNIA COUNTY OF Los Angeles On October 5J994 before me, PaIricia A. Dolan personally appeared Mark E. Shrecken ast X_ personally known to me; or proved to me on the basis of satisfactory evidence to be the person(q) whose name(g) is/arxx subscribed to the within instrument and acknowledged to me that he/xkvyj trap executed the same in his/hac*xhaec= authorized capacity (im), and that by his/txxcjx)tmir signature (s) on the instrument the person (:s) or the entity upon behalf of which the person(%) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL ( SEAL) PATRICIA A. DOLAN a. NOTARY PUBLIC- CALIFORNIA LOS ANGELES COUKTY Ir1y Commas= Expires Fab. & 12% Signature o Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fall in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) x Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Surety and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Sianerfs) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE rplc-XfcmUckft0wIg(r" 121921 wpr, %(0rm\actnCr1j1rrr 12M) POWER OF ATTORNEY VIGILANT INSURANCE COMPANY • = ATTN: SURETY DEPARTMENT IS Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-200D Fax No.: (908) 903-3656 Know all 6A n by them Pm swft. Ttlat WG1LANT INSURANCE COMPANY, a Now York Corporatim has fluted and appm med, and does Hereby wrstit<tte "appoim Sovard Siskel, Richard Adair, Joseph E. Cochran, Bronwyn Murdock and !`Sark E. Shreckengast of Los Angeles, California -------------- �__�_..Y each irs kuw and iay.W Afto"w v-Wact to exbmne un0m such demg-mbon m ac raw and to aunt its corporate seal to and oe wer for and on tes be►W as su" the om or ogw wise. t7onds; or obligatmom given or ezemited to the course of its btisdsess, and COnserds for the release 01 retained pem entages ardor 11" e0fr aies. in 1MNpos YYhwaC zW VXULMfT 09ROL = COaDrf W IaL P6va was &rL&'L cume away Pfayrta W be Squad by 4 Val PwdieMa ewd Attsaara SservW y "as afrmm no tL to swam aihtaapts 15th myc*. September, is 94 :or *nM sad VOLAW MURAMM 00MV*XV bp C.wwm & mum vfo. Pt.aJa.re TXM OF NEW Jotm I W, .oaray at Somerses - On es 1 S tb my of -September , - +s 94 . 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Lftm NO ewwo lrn m to to Vice Pone*" dr aid Ommaty. ar4 Vm Ve owwwm I said Gomm G waft ui6a W m and Power a Aaanry a tf rr pMrtsr rtarlammo., d am GmWm a. mum awd a= romw awie wom by aualomy a =4 or"" are in Ommurn P"MOtow +aaatwf S0@mr-, we PWk 44 an ar *rear► Natary Pubbc, State of New Jamey .rATt of KM �r XLNo. 205b.S20 Commission Ex Octobers L rw wrdararprrad.AM Sw.dry f MOM AlfT �RANN fOWVJfY. ao nwaof CoMy f m Ve roaow+p isa twat MWO fl m rw erWmll a do Sad a to aorta OF oaKcom and am V% arum is aw %&Beat &mge FL •Af[n= xV Sllaorf 2 AA ttdnaa. lnowtaWVL ssrwaea and wnw V=%Fnara► drtar r4 n as ab" - law wad on bmW CO Vo Canrwq wNia l n agnoraad by law dr fa f hWW m aaaaaa. May WC frtal D• atala m In fti Marta No a1 DOW a 1 W fattpary sow Dy tna eftmw or Tla VC0 c:,Ttait w or trw P Dodo or a Vp Pfsa ovx poser wem rw swWw" or on Aa umm sommary. Seas mm twompm daa�taatrt♦ ampt afe any are or mme c6aws w am nvy&w~ 1Nagrtara0 nary 1saaLnton w oK Does cl Daaaora or 1Ta EmPoAe CaMMfsq. or In any power CO amm" Kasoaa0 as Pro. dad a in Secipn S Da1owhey emmft any »Jaw b a aarl I or saw abbp~ m PraflwLafP n saa+ taIaapn d Pbww d mnrry- Saarwf 3- AC 00"m a iaxwy Ow ant an b" a To Camc" away Sac sna as aaaaaae o er ra" and an boas at Vw Cone", few by re C+wrrrn Of Va Vna C;rlaomw of V a PraadW w a Vm Ptomw w anAa =mc Vied P1=vm p owy wee tra Ssawry w an Aamtara Sawowy_ War awd taaPaeDw argrmoons. The 59m1we el Kra dmasra my Da dnpa++id. PrafssI or 1rwOMftsd The P¢NLA d Sam w VA toadwfp 000Wr Cnaamdrf, Val Cheri rrn. Prraewt6 any Va, Praar W any Aaadard Vroa Praadaa. ary Seavwry any Aspowa Saarm" and eo mm d trr Canwy m" bo affaW by raanl I to any pow 4w d abom" or 1D mW dmrs ono tataafp rwwo eapo nV A&DWAn Sat,atants of Anof aya-wr*nC Ow popom " CO oxammv and altDwuds artd urtar 1 --- and altar *"wYs 00 gomy in rm nmra Vwaar. m v any a c" Pawn* of aawrwy 0, aroI , Nwrq vim taaarrfit slftr%"" a mwi, tads rwatt to vaw and w4fq mm to cwv" we any was powtw tm asmww ano +a yr " Ry Saab tatnat w wwww a am "Carl" ataf ow be +asa ate Da4'wi upon Df, CAR*" Wm m4paa so any fora a weer my 1D why. a a 0m06v t uxrwaf ovVy trfe Surd YrGflJ NT PMRAMCI COMPANY a aft lfavaad m rar=0 %**My VW mv" horma n OEM a aw Stma of rw V11fafC $ as of Amw=L Dwm+a d C4konbe and Puerto P,=. aw s an>A ,y ia.rroa m bun =a aa.y m bowm- atdartaarVL OIL Parnmfe a M06WW ty VO taws Of ow UMW Stria► Ann f alrw 0PM0y tnr V* 1W" =Pp.sr a A0mnty a n LO %m* and dllsa coo wow" of no cwnmm a wan". w-. rfa 5 th Avofar. Sant 3 7 a"0-- October is 94 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. TUILIKHJ, ]iJJUt- IfiItJ ILL_ NO. r141-t$,s5-26U6 UCt W 94 O:Od_ N.0 1 P.01 Goltra A Assoc Ins Brokers Inc 2 Park Plaza, suite 510 Irvine, CA 92714 PNWE714-833--2803 CS JS 9j3�9A— THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORKAIION ONLY AND COwFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Y10S CERTIFICATE DOES HOT AMEND, EXTEND OR ALTER IKE COVERAGE AFFORDED IT THE PM ICIiS SELON. . ••.• COMPANIES AFFORDING COVERAGE �•_...... •• ..................................................... INSURED ---•...._.-----•---•--....-----...------....-----..... COKPAWY .....----•-........ LETTER A American Int' I Specialty Lines CWANY• LETTER •B National' Union Fire• Its/AIG .. An r o construction co . Inc* luite ••.......................................................•..---.........-- Compensation Ins. Co. 6700 Stanton Avenue, A COMPANY LETTER C Fremont BuenaPark CA •....------• .............................................................. 90621-••3696 COMPANY LEITERD • •••• .•..•. ..•• .... CdS ..••• LETTER:. > COVERAGES (rlGss if .!!!!!. M..Clfisllr..CaK ass wean SZCttt.■C CR cs!!YlCC!!!!l.t.aCSiss .... l:C=s..■ O. aCo. lr!!!C slip t. at u THIS IS 10 CERTIFY THAT POLICIES OF 1NSURAWCE LISTED BELOW HAVE SEEN ISSUED 70 THE INSURED RAKED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMMSTAWD111C ANY AIDW REKENI, 1ERx OR COVDITJON OF ANY CONTRACT DR DTHER DDCUKENT WITH RESPECT 10 WHICH THIS CERTIFICATE KAY BE ISSUED OA MAY PERTAIN, THE INSURANCE AFFORDED BY .HE POLICIES DESCRIBED HEREIN IS PJBJTC1 10 ALL TERMS, EXCLUSIONS, AND COVOITIOHS OF SUCH POLICIES. LIMITS SHOUW KAY HAVE SEEN REDUCED BY PAID CLAIMS. • CO ••. TYPE OF 1NSUXANCE f• •• '!POLICY MU14BER POLICY EFF POLICY EXP LIKIIS LTR DATE DATE - GENBRAL L. IABILITY ......, .......-•---.... ............... ..._•.••• -- GENERAL AGGREGATE • 2, 000, _-_ A I$ COMEACIAL GEN LIABIL17T GL7732249 D3/10/94 03/10/95 PROD- � COMP/DPACG. 1, 0DO, - - i I CLAIMS MADE IXJ OCC. - PERS. d ADY. INJURY I, 000, �•_ I ) OVWERSIS i C04TRACTORIS 1,rF==� AS TO F0�y:1 EA" OCCURRENCE... 1, 000,.- _ PROTECTIVE ( ) CITY ai"'�''"v FIRE DAMAGE (ANY ONE FIRE:) _ De2llt7 City lttc .................. MED. EXPENSE (ANY ONE PERSON) .............. • LE .L... AUTOMOBIIi#E ........................... .........•... .............. • COISB. SINGLELIKIT .............. 1, Door _ - B EX ANTI ALIT CA1373433 03/10/94 03/10/95 ................... BODILY INJURY .............. I I ALL OWNED AUTOS (PER PERSON) t ) SCHEDULED AUTOS ................. •...........• IX HIRED AUTOS BODILY INJURY 00 NON -OWED AUTOS (PER ACCIDENT) I 1 GARAGE LIABILITY -•----...-•-----. ....----•.... ( ) PROPERTY DAMAGE . •EXC E 8 e LIABILITY .. ........................ ............. ....-----... EACH OCCURRENCE--- •10,000,000•• A 00 UMIRELIA FORK BE7732248 03/10/94 03/10/95 ................. ............. I 1 OTHER THAN UMBRELLA FORK AGGREGATE 10'r,00,DC0 . •.• .• . STATORY LIMITS .............. C WORKERS'COMP WP9410147103 06/17/94 06/17/95 EACH ACCIDENT ,-= 1, 000AND DISEASE-POL. T 1 0000—w- MPLOY RS' LIAB DISEASE -EACH EMP} 1000$ ................------ ................. .............. ........-- •• ----------- --- ••--------- ........ ...... ..... ....------•...... ... •.... ... ....... ....... .... ....... ..... ... .... ........... --...--- ..................... -_.. DESCRIPTION OF DPERAT;ONS/LDCATIOwS/VENICtES/SPkCIAL 11IMS *Ten Day Notice of Cancellation will be given for non-payment of premium* Certificate Holder its ageats, officers, & employees are named additional insureds per attacLed CG 20 10. CERTIFICATE HOLDER t.sr.... atsssess....ursx..e..P CANCELLATIOH<........ ...... ster...... r:::*.... ! SHOULD AVY OF THE ABOVE DESCRIBED POLICIES BE CAHCELLFD BEFORE THE Ex• c PIRATION DATE THEREOF, THE ISSUIR; COKPAWY WILL iw6ft*ffi.&ft'MAIL 30 ■ DOTS VRITTEN NDIlCE TO THE CERTIFICATE HOLDER FAMED 10 THE LEFT, ar► Cit of Runtington Beach 2 0 0 Hain Street ...................... ............... ................................... Huntington Beach CA r AVIHDAIIED REPRESENTAIIVE 92648 r AcoRD 25•s (7/90)_ _ staffer;! L.Goltra _. �J PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 1 am a Citizen of the United States and a resident of the County aforesaid; l am over the age of eighteen years, and not a party to or interested in the below entitled matter. ! 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: August 4, 11, 18,,1994 dec!are, under penalty of perjury, that the foregoing is true and correct. Executed on August 18 1 994 at Costa Mesa, California. Sigria ure PUBLIC NOTICE NOTICE INVITING BIDS for (Town Lot/ Old Town Alley Irnprovernsints, ICC•907 & 8501 Notice is hereby given that sealed bitty will be re- ceived by the Huntington Beach City Clerk at City Han, 2000 Main Street, Huntington Beach, CA 92649, until the hour of 2-00 PM on August 23. 1994, at which time bids will by opened publicly and read aloud. Plans, Specifications. and Other Contract documents may be obtained starting Auggust 1, 1994. at City Mal Department of Public Works upon receipt of a non-refuntlable fee of 135.00 if plCked up or $40.D0 If mailed. Each bid shall be trade on the Proposal Form pro- vided in the contract docu- rnentC and shall be ac- companied by a certified or Ca9hlor's Check or bid bond for not less than 10% Of the amount of the bid. made payable to the Clty of Huntington Beach_ The Contractor shall, in the per- IormanCe of the work and Improvements. Conlorm to the Labor Code of the State of California and other Laws of the State of California appliCabto thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereun• der are taken and which have not been superseded by the provisions of the Labor Code_ Preference to labor shall be given only in the manner provided by law. NO bid shall be cOnsld- ored unless II is made on a form furnished by the City of Huntington Beach and is mads in accordance with the provisions of the pro- posal. requirements - Each bidder must be II- consod and also prequall- tied as required by law. The City Council of the City of Huntington Beach reserves the tight 10 reject any or air bids. 13y order Of the City Coun- cil of the City of Huntington Beach, Cabiornia the 19 of May, 1994. + Connie Brockway, City Clark of the City of Huntington Beach, 2000 Main Street, 11141 53&5431 Published Huntington Beach -Fountain Valley in- dependent August 4, 11. IS. 1994_ as 1-ftos /i y 1-7.r— 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. l 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: August 4, 11, 18,,1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 18 , 199 4 at Costa Mesa, California. e _ Signature PUBLIC NOTICE NOTICE INVITING BIDS for (Town LoV Old Town Allay Improvements, (CC•907 & 85 0) Nonce Is hereby given that sealed bids will be re- ceived by the Huntington) Beach City Clerk at City Hall, 2000 Main Street. I Huntington Beach, CA i 92646, until the hour of 1 2,00 PM on August 23. r 1994, at which time bids will be opened publicly and i read aloud. Plans, specifications, and • Other contract documents • may be obtained starling r August 1. 1994, at City 1 Hall, Department or Pubric Works upon receipt of a non-refundable too of r S35-00 It picked up or I $40.00 if mailed. Each bid &hall be made on the Proposal Form pro• vidad in the Contract docu- ments. and shall be ac- companied by a candied or CilShler's check Or bid bond for not less than 10% Of the amount of the bid. made payable to the City of Huntington Beach. The Contractor shall, in the per- .ormance of the work and Improvements, conform to the Labor Code of the State of Calilornia and' other Laws of the State of California applicable thereto, with the exception ' only of such varlatlons that may bo required under the special statutes pursuant to which procoe0rngs hereun- der are taken and which have not been superseded by the provisions of the Labor Code- Preference to labor shall be given only in the manner provided by law. No bid shall be conSld• eyed unless it is made on a form furnished by the City Of Huntington Beach ancl is made In accordance with the provisions of the pro. posal requirements. Each bidder must be li. Censed and also prequali• find as required by law - The City Council Of the City of Huntington Beach reserves the right to eelect any or all bids - By order of the City Court- Cil of the City of Huntington Beech. Caliromia the iS of May. 1994. Connie Brockway, City Clerk of the City of Huntington Beach, 2000 Main Street, (714) S30.5431 Published Huntington Beath -Fountain valley IN dependent August 4, 13. 16. 1994. 0s 1.6% C Bids received by .iyyfG _ Dated: 6f - August 23, 1994 2 :00 F RU7,EC '' E l`jGIN`� . . LarT-,,, Taite I,, '• - TA. E $1,102,000 .;CE i1T AN D Cu. Old Town A11ev/'To«rn Lot CC-850 and CC-907 �1' n J.Ilj R L2kl Construction - '1_ '-f'�i r D rt 2. Teter Arturkovich % Ste�je &.fha? o Construction 0-0 5 :�1laden Buntich a� Q o. Colich and Sons k 7. - Divis Meter Supply EcoloEy Construction Excel ravi 10. Inland Concrete Enterprises 11. da mar Ergineerihg 2. :Marsd.en,-usco 1" Mira niontes Construction 14. M rr•J Como ��. - ?aulus T. A. 1Yard -7. Terra -Cal Construction 18. Ken ThoMson 1 S. F. Construction 20. Savala Construction 21 ShaK,nan Co oration 22. Sout-e^n California Under ouna 2? `al- erde Ccns` ruction 2-. wells Sunoly Co -many 2=+. ZD s - illia7rs Supply Ca-�pan, f � G0 Zaicn Construction Bond Fidelity and Deposit Company POST OFFICE BOX 1227 KNOW ALL MEN BY THESE PRESENTS: OF MARYLAND BID BOND JULITUORE, UD 2120J That we, ALL.AI�FI�L_BllbITSI~H...CA T i3�,TIONwCC}MPANY_ INC _.._.___._ RB23...FAn..._.w ._r_.i rk --9Ltrp-et.--Eunl nd . -.Cb- . 91040 as Principal, (hereinafter called the "Principal"), and the MDRLrN AND DaPOSIT COMPANY OP MARYLAND, P.O. Box 1221, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hercinrtfter called the "Surety"), are held and flrnt1y bound unto....._._.C.I_C_O L U11UTllJl=U.. B EA C ii..... ..-.._.-._�_----•----- ..__ _._.�. _tea Obligee, (hereinafter called the "Obliges"). in the sum of.-Tprt-ter= t _DE_Thal._..&mat int Ric] ....-_._,_........... ---Dollars (5........2.(lg.... _..... -_—_), for the payment of which sure well and truly to be made, the said Principal and ttie said Surety, bind ourselves, our heirs, executors, administrators, successors and Assigns, jointly and severally, firmly by these presents. WHEREAS, the principal hat submitted a bid for Sewer wa r ' e__1nprovements_„___-____- NOW, THEREFORE, if the Obligee shall accept the bid of the Principal acid 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 tht faithful performrnce of such contract and for the prompt payment of labor and material furalshed in the prosecution thereof, or In the evint 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 differtnee. not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obliget may in good faith contract with another party to perform the work covered by said bid, than this obligation shall be null and void, otherwise to remain in fill Torre and effect. Signed and scaled this___-_---_--_-r7�I1GL...r.-.-_------•--day of _...._.,..r...�u��_.------- __.._A.D., 19_4S PIDELPTY wen.= C=JL--SW. 7.43 IWU CLartra to ArMUM Wane of Md1ww Daneal,t A-M. fordw 1970 amtd. XMlaZ-Buntich Prt�1c.'pal Presi-dent Y W ---- - -'Tarts . AND DEPO T COh4 ANY10FARYLAmyI Y � Itrlr C. Michael Henley Attcrney-in-Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND nf.Lt OFfi-E- swtn.AORr. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT CO. MPANY OF MARYLAND, a corporation of the State of Marvland, by - C. M. PECOT, JR. Vice -President, and C. W. ROBBINS , Assistant Secretor}•, in pursuance of authority granted by Article VI. Section 2. of the By -Laws of said Company, which are be; forth on the reverse aide hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint C. Michael Henley of Los Astgeles, C�;ifornia...................... . L-ue an wful agent and Attorney -in -Fact, to make, execs 'it�iisl and deli `t for, and on iu behall as surety. and as its act and deed: any and all bonds and undertakings. [L�.... o ................... h nq use execution of such bonds or u*Ihndertakings aunce o�shell be as binding upon said Company, as full}• end amply, to all intents and purposes. ns ii thbeen d ' xi uteri and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Nld. it own - �per&ons.This potter of attorney revokes that issued on behalf of C. Micha�\v; nley,�'? d, March 20, 1974. The said Assistant Secretary does hereky\ _ (y that tli�xtract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Compara-, and is 6L. in force. 1N WITNESS WHEREOF, the said wPresiden�``'saisumt Secretor% have hereunto subscribed their names and affixed the Corporate Seal ^f the said FIDE ,'D DEPO OMPANY OF MARYLAND, Ltiis 3rd day of L 1 y - A.D. o FIDELITY EPOSIT COMPANY OF RIARYLAND A*I=T: A%".SEA L -��1�.[�ar secrrtarr M'ier•Prr.,dcnt STATE: or MsRYUND Cm- or B"-nmoRt: ss' On this 3rd day of July , A.D. 19 89. before the subscriber, a Bouty Public of the State of Afaryland. Ln and for the City of BaltL-store• duly commissioned e.-td qualified, came the above -named Vice -President and Assistant Sec: ets-y of the FIDE_ -_I'' * AND DEPOSIT COhfP kNY OF MARYLAND. to me pe.sonelk- known to be the indi%iduals and office-& Oesc=ed Ln and who executed the preceding Lnsut:men-. and :hey each acknowledged the execution of the same, and being by me duiL- !worn. severally- and each for himself deposeth and saint, that they are the said officer& of the Company aforesaid, ana that the seal affixed to the preceding inst_-u -tent is the Corporate Seal of said Company, and the: the said Corporate Seal and thee: si;7natwet as such 01-ice_-r were culy Lrzed and subscribed to the bald L-it:.-tz.-nen' by the authority and direerion of the said Corporation. IN TESTIMONY Wli=REOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and rear fist above written. -i Nou-v Pub4[ Commission 1 Y[6 I 1990 �sl CERTIFICATE / v I, the u-ndersigned. AsaisLant Secretary of the FIDELITY AND DEPOSIT CONIPA,NY OF MARYLAND, do hereby certify that the origLnal Pow'e- of Attorney of which the foregoing is a full. L'ue and correct copy, is in full force and effect on the date of this cer-Lricate. and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially ■utno.-Lzec by the Board of Directors to appoint any A:torney-ir.-Fact as provided in Article VI. Section 2. of :he B.-Laws of the FIDELITY AND DEPOSIT COMPANY OF NIARYLAND. Thit Certificate may be a'zned by facsimile under and by authority- of the iollowing resolution of the Board of D=ectora of the FIDELITY AND D=P05IT CO.%1PAf;Y OF MARYLAND a: a meeting duly called and 'held on the 16th day of July. 1969. RESOLVED: "T-na: the facsin—Je or meehanicagy- reproduced tip. azure of any Assistant Secretary of the Company, whether made heretofore or herealter, whe-reyer apnea,-ing upon a cemi:ied copy of any po-Ir of attorney- issued by the Company, shall be valid tad banding upon the Cornpany with the same force and effect as Lctot:gh rnanua!h- Lffixed." IN'I=_TLNfONI' 1»:Ii= REOF, I have hereunto aul -.:tad my name and aliixed the corporate seal of the said Company'. this _ da.• of Allgalat 19_-94 0 12-0204+ A..;.canr SeerrurY THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we T. A. Rivard, Inc. Mere insert full name and address or legal Mlle of Contra(torl 8884 Jurupa Rd., Riverside, CA 92509 as Principal, hereinafter called the Principal, and American National Surety Assurance Company (Here insert full name and address or legal title of Surerrl 2151 Michelson Drive, Suite 286, Irvine, CA 92715 as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach, !Here ,nserf full name and address or legal dlle of 0-met) Huntington Beach, CA as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid Amount Dollars ($ 10% of Bid ), 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 Old Town Alley improvement Project IKere insert full name, address and descr,pf,on of project) Huntington Beach, CA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for The faithful performance of such Contract and for the prompt payment of labor and material furnished ,n 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 laith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signedand sealed this 16th day of August 1994 Tnr- (Principal) (Sea/) (witness) <12 Tip /vf�ir (Title) Wri %3s✓1 ,Ank-riinan (National SuOty ASSu_railce Caltpany (S ery) (sear) (witness) (Title) Gerald S. Petrovich, Attorney -In -Fact AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMIERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N,W., wASHINGTON, D. C_ 20006 i .CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On ALx=t-_ 16, 1994 ,. before me, D A BRUNNTNG JR; NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - E G..'JANE DOE. NOTARY PUBLIC' personally appeared GERALD S. PETROW[CH NAME(S)OF SIGNERS) RR personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(* whose nameW is/w& subscribed to the within instrument and ac- knowledged to me that he/sue/tk executed the same in his/#mer/fix authorized capacity(iis), and that by his/fIw/ice D A- OIIMVN6.Jrt signature(s) on the instrument the person�a), NatWOOAI11111A,I99W3 or the entity upon behalf of which the scot person( acted, executed the instrument. �v Conwn. Dv*w AX 11,1 W c) WITNES§,my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying On the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER 17TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER; SIGNER IS REPRESENTING: .vAME OF PERSON(S) OR ENTITY(IES) American National Suret} ;assurance Co many DESCRIPTION OF ATTACHED DOCUMENT Sid Bond No. 015669 One TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES August 16, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE V 993 NATIONAL. NOTARY ASSOCIATION • 8236 Remmet Ave_. P_O- Box 7184 • Canoga Park. CA 91309.7184 .- . AMEWCAN NATIONAL SURETY ASSURANCE COMPANY IRVINE, CALIFORNIA Bond No.: 015669 POWER OF ATTORNEY Know all men by these Presents, the American National Surety Assurance Company, having its principal office in the city of Irvine, County of Orange, State of California, does hereby make, constitute and appoint Gerald S. Petrovich true and lawful Attomey-in-Fact to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed (without power of redelegation) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds Eight Million Five Hundred Thousand Dollars ($8,500,000.00). The execution of such bonds and undertakings shall be as binding upon said American National Surety Assurance Company_ as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its owners at its Principal Office in Irvine, California. This Power of Attorney is granted under and by authority of the following resolution adopted by the Partners of the American National Surety Assurance Company on the 3rd day of June, 1993_ `Resolved, that the General Partners arc hereby authorized and empowered to appoint Attomey-in-Fact of the Company, in its name and as its acts to execute and aelmowledge for and on its behalf as Surety any and ail bonds, recognizes, contracts of indemnity and all other writing obligatory in the nature therrof, with power to attach thereto the seal of the Company. Any such writing so executed by such Attorney -in -Fact shall be binding upon the company as if they had been duly acknowledged by the Partners of the Company in their own proper persons. 'tioW Therefore, the signatures of such Partners and the seal of the Company may be atlixed to any such Power of Attorney by a facsimile, and any such Po«er of Attorney bearing such facsimile signatures or seal shall be valid and binding upon the Company." In Witness Whereof, the American National Surety Assurance Company has caused these presents to be signed by its General Partners, Ibis 16th day of August 19 94 . AINIERICAN NATIONAL SURETY .a - _� 11 ,CFI I � •rJ, Genera r STATE OF CA.LIFgRNIA COUNTY OF ORANGE SS ASSURANCE COMFINY e6i Partne On this 16th day of August 19 94 before me, a Notary Public in and for the State of California_ personally came and to me known, who acknowledged execution of the preceding instrument and being by duly sworn, do depose and say, that they are the General Partners of American National Surety Assurance Company, and that the seal affixed to said instrument is the company seal of American National Surety Assurance Company; and that the said company seal is affixed and their signatures subscribed to said instrument of authority. In Testimony Whereof, I have hereunto set my hand at Irvine Califorrva, the day and year first above written. NotaNPLOc -- Calkmtfa CGONGE COIN TY 01W comm. P r. 1'clrAJt IS.1997 r. . CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT NO_$907 State of California County of Los Angeles On 8/23/94 GATE before me, Yvette C Morales, Notary Public NAME. TITLE OF OFFICER - E.G. *JANE DOE. NOTARY PUBLIC personally appeared Elco Miramontes , NA►.IE(S] OF SIGNERS) Tx personaily known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose nameM is subscribed to the within instrument and ac- knowledged to me that he/skzfth= executed the same in his authorized 1111 0 YvmnC+M oies� capacity{}, and that by his/ OTARrPUBLIC CA10:00il0 signature(j) on the instrument the person(i), IOSANGEItSCOUNrY - eo� ExalesOu41M or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL 9A CORPORATE OFFICER President nTL.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _1 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NA.Y.E CF PERSON(S) OR EN I YpES) Miramontes Const.Co.,Inc. DESCRIPTION OF ATTACHED DOCUMENT Bid Proposal TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATICNAL NOTARY ASSOCIATION • 8236 Remmet Ave_. P.O Box 7184 - Canoga Park, CA 91309.7184 MERCHANTS BONDING COMPANY DES MOINES, IOWA KNOW ALL MEN BY THESE PRESENTS, That we Miramontes Construction Co., Inc. Proposal Bond Bond no. 0629 as Principal, and the MERCHANTS BONDING COMPANY , a corporation under the laws of the State Iowa ., authorized to transact business in the State of CA, 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 (10%) for the payment whereof in Iawfu! money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Old Town Lot Alley Improvements NOW, THEREFORE, if'said contract be awarded to the Principal and the Principal shall, within such. time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that it said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect Signed and Sealed this 15th day of August 19 94 Miramontes Construction Co., Inc. _Merchants Bonding any By AgL3 6 - - Matthew R. Dobyns AJJ0eR*r4n•taC1 .CALIIRORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los An eles On 8/23/94 before me, Yvette C Morales, Notary Public DATE NAME. TITLE OF OFFICER • E G .'JANE DOE- NOTARY PUBLIC personally appeared Elco Miramontes NAME(S) OF SiGNER4$) xl personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personp whose nameM9 is subscribed to the within instrument and ac- knowledged to me that he/3Nxftb= executed the same in his authorized capacity(, and that by his,g&/ Yvette C. Morales signature(j) on the instrument the person(s), TARry UftjC "I otiNuy� or the entity upon behalf of which the LSLOSANGELESCOuNW CV=.Emlr.sOct.•-tie '6 person(l) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL X CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAMCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITYpES) Miramontes Const.Co.,Inc. DESCRIPTION OF ATTACHED DOCUMENT -- bid Bond TITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES 8/23/94 DATE OF DOCUMENT Merchants Bonding Company SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave-, P.O. Box 7184 • Canoga Park. CA 91309.7184 • CALPFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO-5901' State of California County of orange On 8-15--94 DATE before me, Mary P- Martignonl— Notary Public NAME. TITLE OF OFFICER • E G..'JAME DOE. NOTARY PUBLIC personally appeared Matthew R. nobyns NAI.IEM OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(q whose namep is subscribed to the within instrument and ac- knowledged to me that he/ executed the same in his authorized capacity(, and that by his/tmoillmtx •`•-r. ;~ Mary P, Martigrinnj� signature(a) on the instrument the person(i), � . comet C CALIF G) or the entity upon behalf of which the NOTARY PUBLCC CALIFORNIA t� ORANGE COUNTY " person(l) acted, executed the instrument. • ��Y Comm Eap,re? Au¢ t 1. 19951 WITNESS my hand and official seal. .ivy •✓,< � i SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAmE OF PER5ONfS) OR ENTrrr(iES) Merchants Bonding Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rernrnet Ave_, P_O. Box 7184 - Canoga Park. CA 91309- 7184 ;?30 92093 LESRON INSURANCE AGY INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual a corporation duty organized under the laws of the State of Iowa. and having its principal office in the City of Des Moines, County of Polk. State of Iowa. hash made. constituted and appointed, end does by these presents make, constitute and appoint >>XF.S KMTLE"MAT7AV R. D0BYN5<<< 7>X<< >>X<< of FULLERTON and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby Conferred in its name. place and stead, to sign, execute. acknowledge and deliver in its behalf as surety - >>>ONE MILLION DOLLARS($1,000t000. 00) <<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as rf such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the aCts of said Attorney. pursuant to the authority herein given, are hereby ratified and confirmed. This Power-f-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutuat� ARTICLE 2, SECTION a. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and anacri the seal of the Company thereto, bonds and undertakings, recognizances. Contracts of indemnity and oMerwritings obligatory in the nature uweof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the executiW and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mx uAI) has caused these presents to be signed by its VMS PresidMt and President, and its corporate seal to be hereto affixed, this �C31 day of KGust A.D., 19 3 Attest: MERCHANTS BONDING COMPANY (Mutual) •�7�t�4• C„rjli; •' r Oa. w�•. BY i i 5 4�; STATE OF IOWA COUNTY OF POLK u- On this 25th day of August . 19 93 .before me appeared M.J. Long and W.G- Brundage, to me personalty known, who being by me duty sworn did say that they are Vice President and Secretaryffreasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the Corporation described in the foregoing instrument, and that Me Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the acid instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors - In Testimorny Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written00 IOWA * • •' ;r�Rf A4 ••: STATE OF IOWA COUNTY OF POLK •s. Notary r.a+c. 1•at Ca•r.y. b•. Mr C�asro• E,n.•s 11-4-95 I, M-J. Long. Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby Certify VWltie above" foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said MEFf fT&iMll;DING COMPANY (Mutual), which is still in force and effect- •�av_: .- r� •' In witness Whereof, I have hereunto set my hand and affixed the seat of the Company, at FUllertEfl this 15th day of August t9. 94 ? r 19, This power of attorney expires December 31, 1995. ..... MID 96 r r CALIFORNIA ALL-PURPOSE r t' a ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF Los Angeles l On _ 8123/94 before me. Rosemary Totn.1enovic _wry Public DATE \A%*- TITLE OF 0F1=1CF.R F G - 'JAaF DOI-- NOTARY ?L R1A'- lxnonally appeared, John C. Schiller r�ersnnally kn wn to me (or proved to me on the basis of satisfactory evidence) to be the person,/ whose name/nAre ,ubsrritk-d to the within instrument and acknowledged to me that(Dhe/they executed the same i Is erltheir authorized :apacitrLie), and that F<ner/their signature/on the instrument the person or the entity upon behalf of which the ,Tvrsoll/acted. executed the instrument. it WITNESS my hand and official seal a T- Rosemary Toml*o--Vlc U Comm. #IW9215 `� TARY PUBLIC CAL1FOM ;_ _ (SEAL) LOB Oi � ei NOT AR UBLIC SIGMA RF OPTIONAL INFORMATION x TITLE' OR TYPE OF DOCUMENT DATE OF DOCU.MFNT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE - PROPOSAL BOND UFE & QNSUALTY KNOW ALL MEN BY THESE PRESENTS; That we, THE QTNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 STEVE BUBALO CONSTRUCTION CO. as Principal(s) (hereinafter called the Principal), and THE ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation of the State of Connecticut, as Surety (hereinafter called the Surety). are held and firmly bound unto THE CITY OF HUNTINGTON BEACH TEN (10%) PERCENT OF THE AMOUNT OF THE BID(hereinafter called the Obligee) in the penal sum of Dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED WITH OUR SEALS this 19th day of AUGUST 19 94 WHEREAS, said Principal is submitting herewith a bid, or proposal, for TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT. CASH CONTRACT 907 AND CASH CONTRACT 850. OW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall be awarded the .)ntract which said Principal has proposed to undertake, briefly described above, and shall, within the time allowed fter notice of such award, enter into contract pursuant to such award and give bond for the faithful performance of the ontract, then this obligation shall be null and void-, otherwise it shall be and remain in full force and effect. PROVIDED, HOWEVER, that this Bond is issued subject to the following condition: 'he Surety shall in no event be liable for a greater amount hereunder than the difference between the amount of the Prin- ipal's bid or proposal. and the lowest amount in excess of said bid, or proposal, for which said Obligee may be able to ,ward said contract within a reasonable time. STEVE BUBALO CONSTRUCTION CO. BY C--AaJL� (SEAL) �john C. Sctn:l�e.� T (SEAL) (SEAL) THE AETNA CASUALTY AND SURETY COMPANY -'S.776.JP P7 67 By THOMAS H. TYRELL, . ,Attomey in -Fact CAT. ,ZA436 VRP„YED .Y V.l.A- L -" � '61 m6r- LIFE & CASUALTY THE ATNA CASUALTY AND SURE—W CO P!;NY Hart'•ord. Ccnnecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT IC NOW ALL MEN By THESE PRESENTS. THAT THE ATNA CASUALTY AND SURETY COMPANY, a corporation duty organized under the raves of the State of Conrhettitut, and having its principal office in the Cst•f of Hartford. County of Kardotd. State of Connecticut. hath made, constittttea and appointed. and does by these presents mate. constitute and appoint Gerald J. Sullivan, John Forest Monroe, Thomas H. Tyrell, Jr. William R. Curtis, Isela Carrillo, Julie M. Mattera, Edna E. Marsden Brenda L. Grow * _ of Los Angeles,CA itstrueand iawfulAnarney(s)-in-Far.,withfull power and authorityt•.ertoyconfer rr: ,to sign. execute and acknowledge• at any place within the United Stites. or, it the following line be filled in. within the area there cesit- noted , the following insitumentlsl: by his/her sole signature and act, any and all bands, recognirances. conttata of indemnity- and other writings ob]i`atoryin the nature Old bore. recognizance. or conditional undertaking. and any and all consent$ Incidents thereto and to bind THE A TNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE RTNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorney(s),-in-Fact• pursuant to the authoriry herein given, are hereby ratified and confirmed - This appointment is made under and by authority of the following Standing Aesolutlons of said Company which Resolutions are now. in full force and effM: VOTED: That each of the following officers- Chairman. Vice Chairman, PresidenLArry Executive Vice President, Any Seniortfice President. My vice President. Any assistant Vice President, Any Secretary. Any Assistant Secretary. may from time to time appoint Resident Vice Presidenu. ResWent A43imant secretaries, Annmr".;n-F act and Agents to set tof and on bahsit of tho campanY and may give any suet Appointee such authority as his eartirtcate of authority may prescribe to sign with Ne Company's name and seat with the Company'$ seal bonds, raeagnizances, contracts of indemnity, and other wridnga ObtigatarY in the nature of s bond, recognitance, or conditional undertaking, and arty of said officersor the Board of Director, may It any time remove any such IPpointes and revo►e the power and authority given hire VOTED: That arty bond, recognizance, contract of indemnity, or writing obGgstory in the nature of a bond, recognizance. or conditional undertaking shalt be valid and binding upon the Company when (e) signed by the Chairman, the Vier Chairman. the President. an Eaaeuirve Vice President a Senior Vkis President. a Yrce President. on Assistant Vlce President of by a Resident Yres President, pursuant to the power prescribed is the certificate of authorny of such Resident Ytce President, and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary or by a Resident Assistant Secrstary. pursuant to the power prescribed in the certiffcete of suthority of such ResidentAssistant Secretary: or [b1 duly exaciated (under seal, if requ;redl by one at more Attorneys-LreFact pursuing to the power prescribed in his or their comflcste or cenfficales of outhoriry. This Power of Ariorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Rescluticn voted by the Board of Directors of THE jETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effeG: VOTED: That the signature of each of the following officers: Chairman, lace Chairman. Pres;dent. Any Executive Vice PresidenL Any Senior tree President. My Vice President. Any Assistant Vics President. Any Secretary. Ante Assistant Secretary, and the seal of the Company maybe affixed :v facsimile to airy power of attomey or to any certifleste relating thereto sppointing Resident Vice Presidents. Resident Assistant Saerataries cr Attorneys-in•Fact for purposes only of executing and attesting bonds sn4 urderakings and otherwriiings abligatoryin the nature thereof. and ar.y such power of attorney or certificate bearing such facsimile signature or faairtrle seal shall be valid and binding upon the Company and any such power to executed and cerilfed by such facsimile signature and facsimile seal shell be valid and binding upon the Company in the future wit_ respect to any bond or writ tirtaking to which It is attached IN WITNESS WHEREOF. THE &TNA CASUALTY AND SURETY COMPANY has Caused this instrument to be aIEn3 py its Assistant Vice President , and its corporate seei to be her c ■!rued this 33 h day of May .19 93 . THE / CASUALTY AND COMPANY sate ofConnsc:rcvt George . Thompson sib• Hartford Ass ice President County of Hartford On this 13 th day of May .19 93 , before me personsfly came GEORGE it . THOMPSON to me known. who, being by me duly swam, did depose and say: that he/she is Asst . Vice President of THE ATNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he/aha anew% e seal of said corporation; that the seal affix ad go" said Instrument is su61 corporate seat: and that ha/she executed tpa said instrument on Lenart of the corporation by authority of his/her office under the Standing Resoluporta Vtersof. '��•r: tar estnvftme" "plies NDvegIIbw 30, 1998 Notary Public Rosalind R. Christie CERTIFICATE I- the undenigne4. Secretary of THE ATNA CASUALTY AND SURELY COMPANY. a stock corporation of the State of Connecticut. DO HEREBY CERTIFY Nat the foregoing and artwhad Power of Attorney, end Certif ale of Autnoriry remains;" futt force Ina has not been revoked; and furthermore. that the Standing Resolutions of" Board of Directors, asset forth in the Certificate of Authority. are now 1n fare!. 19TH S;gned and Seated at lute Noma Men of the Cnmperry. In this Coy of liarford. State of ottnecticut. Dated ihlis day of AUGUST ' 79 94'F , Ayl &e -.4 r �� }; ByStepheln R. Sawyer, S etarr 1S•+47�e++eat ��b! Mtray(D W Ug s TOWN LOT AND OLD TOWN ALLEY IMPROVEMENTS PROJECj CC-907 & CC-350 ADDENDUM NUMBER I - AUGUST 22, 1994 Notice To All Bidders: The following rvvisions/corrections shall be included in the bid documents. 1) Delete bid item 0 33. "Bore 6 inch PVC C900 under existing driveway". as shown within the General Bid Package on page C-6s for cash contract No. 850. 2) The Contractor shall remove and reconstruct the eadsting driveway located between stations 0+20 to 0+30 as shown on sheet 8 of 8 for cash contract No. 850. Cost for removal of existing driveway shall be included In unit bid item to "Construct driveways per City of Huntington Beach St& Man 211" (bid item #FS, page C-1s). 3) Bid item No. 3. "Construct driveways per City of Huntington Beach Sid. Plant 211" as shown within the General Hid Package on page C-13 for cash contract No. 830 shall be Increased from 1310 S.F. to 1762 S.P. 4) The cost for removal of driveways for cash contract No., 830 shall be included within the. unit bid item No. 3, "Construct dri�cwsys per City of Huntington Reach Std. •Plan 211" (see page C-Is of the General Bid Package). All bidders shall acknowledge the receipt of this addendum with their bid proposal. Theca revisions do not change the Engineer's Estimate or the Bid Opening date/time for this project. Should you have any questions regarding this Addendum, please feel free to contact harry 1. Taile, project manager of this of e, at (714) 336-5590. City Of Huntington Beach. I have reviewed Addendum Number One dated August 22, 19%. 1_ understand that Addendum Number 1 shall be included In the bid documents. S rey2 Q.��o CIO VnS�t•..Atcw, C -T, 6�ooI3 qV Company Name By Date O T8 ' d 86Ztt WVE0 : 6 P66 T ' ZZ OnU ep% vGS B i B 01 S>RM 01-Erld:4A2U 1 CHUBB GROUP OF INSURANCE COMPANIES _J Cr"Q..]tl3tf3 if, A i"ki,l:1111 lhr , 11—I'l I' r r it(.. D.P. Vl.rrrr+rr IIr••', Irr :. • ri.iu l lrrl'. FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, Shawnan Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ t 0% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this A. D. nineteen hundred and 94 12 day of August WHEREAS, the Principal has submitted a bid, daled August 23 19 94 for Tarn Lot/Old Town Alley Improvements Projects No. 907 & 805 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. FEDERAL INSURANCE COMPANY By: / Douglas . RappAttorney Vn Fact IrI yEo form 15 02 0002 (M. 4 90) U4,17M (70d u S . ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 8/12/94 before me, Christine M. Rapp, Notary Public Date Name, Title of officer - e.g. "Jane Doe, Notary Public" personally appeared Douglas A. Rapp Nomes(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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 on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTINE M. RAP? I Comm. fi 969193 3 - NOTARY PUBLIC • CALIFORNA a Orange County Mp conrn Expires Jul. 9, 1296 i Signature of otary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Surety Bond Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) —Partner(s) x Attorney -in -Fact _Corporate _Other Officer(s) Tide(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain VW w Road. Warren, NJ 07a59 (908) 580-20o0 Knorr all Men by theca Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California -------------------_ -- each Its true and lawful Attorney -in -Fact to execute under such designation in Its name and to affix Its corporate seat to and definer for and on Its behalf as surety thereon or otherwise. bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding in any Court. or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified In such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the law% ordinances or regulations of any State, City, Town. Village, Board or other body or organization, public or private; bonds to MansporMlon Companies, Lost Instrument bonds; lease bonds. Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public. She ift Deputy Shertffs and similar public officials. 3. Bonds an behalf of contractors In connection with bide, proposals or contracts, In Wknew Whereof, the said FEDERAL INSURANCE COMPANY has. pursuant to he By -Laws, caused Owe presents to be signed by Its Vice President and AsststaM Secretary and its corporate seal to be hereto affixed this loth dayof • March 1994 Corporate Seal Kenneth C. Wendel STATE OF NEW JERSEY ss County of Somerset FEDERAL INSURANCE COMPANY BY A Gerardo G. Maufiz Woe Pmaiderrt On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by -me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney. and the said Kenneth C. Wendel being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney Is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of Bald Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney Is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal �4 ~ e�'t>~ ♦ M 7 w,I • Kteltc Acknowledged and Sworn to before me ti on the date above written. (J A. scfir PutKec �1l1'I' ,�yp� X" l►abac, strte of New Jarav No. 2066.120 C01e1�e1� Hxl,irs: 046Wr 2.1994 rNM tis,00rx fftv 0e" GENEnA4 M.smv (Sour 1 r CERTIFICATION STATE OF NEW JERSEY County of Somerset I, the undersigned, Assistant Secretary of FEDERAL. INSURANCE COMPANY, do hereby certify that the fotlaMng Is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By -Law is In full fame and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which ft is authorized by law or its charier to execute, may and shall be executed In the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomays4n fact designated in any resolution of the Swrd of birectons or the Executive Committee, or In any power of attorney executed as provided for In Section 3 below, may execute any such bond, undertaking or tither obligation as provided In such nmMution or power of attorney. Section 3 All pomrs of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a We Preskient or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designatrons. The signature of such offioers maybe engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President: any Secretary, any Assistant Secretary and the seal of the Com- pact' may be stf apd by facalml0e to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys4n-tract for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facslmIle signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached. - I further certify that said FEDERAL. INSURANCE COMPANY Is duly licensed to transact fidelity and surety business In each of the States of the United States of America. District of Columbia, Puerto Rica and each of the Provinces of Canada with the exception of Prince Edward Island. and is also duly licensed to become sole surety on bonds, undertaklr4M etc., permitted or required by law. 1. the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY. do hereby certify that the foregoing Power of Attorney Is In full force and effect. Given under my hand and the seal of said Company at Warren, N.J., this 12 day of Aurnist .19�_. 1 Corporate Seat _ 7 �� Asap ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles AUK 5199� STACY L. �n�;�SC�: " ARY PUBLIC On be ore me, Date Name. Title of Officer - e.g. "Jane Doe. Noury Public" personally appeared ThOMS S. Pack, Vice Pre$. & Sac. Nemes(s) ofSigner(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, STACY L. JACKSON COMM. #982348 A NOTARY PUBLIC • CALIFC.; .+A Z LOS ANGELES COUNTY My Comm. Expires Jan- in 1997 Sig' re ofNotary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUI[ENT DESCRIBED AT RIGHT: Title or Type of Document BIDDER'S BOND Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER —Individual(s) _L$artner(s) —Attorney-in-Fact Corporate _Other Officer(s) Tille(sl SIGNER IS REPRESENTING - Name of persons or entity{ies} SHAMAN Corporation r ti / -Continental i-f-Insurance,. BID BOND KNOT ALL MEN BY THESE PRFSENTS: That, WILLIAMS SUPPLY CO., INC. --- - ----- . . VENTURA , State of --. CALIFORNIA . • ............. ...... hereinafter called the Principal, and FIREMEN' S INSURANCE COMPANY, -OF NEWARK,.--NEW_•,JERSEY -- hereinafter called the Surety, are held and firmly bound unto.• ............................................... ...... .... .... _................... ..THE .CITY OF HUNTINGTON_..BEACH ...... . --• ......... -• - ---- - - --•• - - --•- ... ...... • ....... .. ...... ............... ...... - •----- -. o HUNTINGTON BEACH ----- , State of .CALIFORNIA- hereinafter called the Obligee, in the sum of .. ................... _-.- ........ -...... .__......... _.... -.-........... TEN PERCENT OF THE TOTAL. AMOUNT -BID ....... (------10 ----- ....................... _.••.noilars; for the payment whereof to the Obligee.. the Principal bind ........ .. ITS ....... ..........heirs, exetutors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these presents. Signed, scaled and dared this-......17TH y AUGUST . . 19 ...9A.. Whereas the Principal is herewith submitting the accompanying bid dated •AUGUST-23,,__.1.9.94................. for - TOWN„LOT--AND_.OLD._TQWI!I--ALL I Y. -IMFRO.VF.MENT.-.PRQJEC.T.,_.._.CC-9-Q7..6.-.C.C.-.85C.................... Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within tea (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such conaact, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and mrrcrial, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. WILLIAMS SUPPLY C0.1 INC. ...... (Sea11 Principal ......................... HN H. WILLIAMS, PRESIDENT FIREMWC*. 4F . NEYZA .� . IiEW..iF.3SEY By: Attorney RECEIVED AUG 1 9 1994 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA } County of ORANGE ) On 8/17/94 before me, BEATA A. ARGUELLO, NOTARY PUBLIC, personally appeared D . J . P I CARD xxx personally known tome OR pxl� to be the persons whose name(%) issubscribed to the within instrument and acknowledged to me that he/tbeoy executed the same in hisAx r authorized capacity0es), and that by hiss& signature(% on the instrument the person(w, or the entity upon behalf of which the person(S) acted, executed the instrument. N190,** '-- BEATA A. ARGUEL LO N o f CQMM. #99tsoo a Q rro rARy �+c . �oRM m 07AWE CDU*rr T V" "'� � Mr Comm. Exirrs APR.14.1997 WITNESS. my hand and official seal_ � �/ 4. Ay/'F'f Ar Signature of Notary OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the document INDIVIDUAL CORPORATE OFFICER(S) PARTNER(S) _ ATTORNEY -IN -FACT Titles LIMITED GENERAL TRUSTEE(S) GUARDIAN/CONSERVATOR xxx OTHER ATTORNEY SIGNER 1S REPRESENTING: (name of entity) FIREMEN'S INSURANCE COMPANY OF NEWARK,_NEW JERSEY THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: BID BOND NUMBER OF PAGES: 01 DATE OF DOCUMENT: 8/17/94 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint D. J. Picard of Anwheim, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to AIL obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dotlars 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 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989. "RESOLVED, that the C hawman of the Board. the Vice Charrrr= of the Board. the President, an Execuirve vice President or a Senor Vice President or a Vice President of the Company, be. and that each or any of ithern hereby is. authorized to execute Powers of Attorney quatdYrng the attorney named in the given Power of Attorney to execute in behaff of the FIREMEN'S INSURANCE CC1M PANY OF NEWARK. NEW JERSEY, bonds, undertakings and ail contracts of suretyship; and that an Assistant vice President. a Secretary or an AsSbtant Secretary be. Arid that each or arty of there hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seat of the Company- -FURTHER RESOLVED, that the v"iures of such otfhcers and The seal of the Company may be affixed to any such Power of Attorney or to arty certificate relating thereto by facsimile, and anysuch Power ofAttorney or certificate bearing such face m le signatumsor faairnde seal shall be valid and binding upon the Company whensoaffixed and,n the future ..nth respect to arty bond, undertaking or contract of suretyship to which it is atuched... In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this 6 day of Juty ,1994_ Attest FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By y 1. H Tanner. Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD Matthew Klimczak. Vice President On this 6 day of July 11994, before me personally came Matthew Klimi zak, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the FI REMEN S INSURANCE COMPANY OF NEWARK. NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Direclors of said corporation and that he signed his name thereto by like order. *tOtAA', "IAt GLORIA D- SEEKINS NOTARY PUBL�� 31 1998 a CERTIFICATE myCornmrssn Expres h' I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains to full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the 17TH day of AUGUST , 19 94 . W. w_ Cowling Assistant Secretary 5URM 5031 (11-92) ��"` "C Printed in U.S.A. SAFECO INSURANCE COMVANV OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA rtOME OFFICE_ SAFECO PLAZA SEA111E, wASMINGTON 0SISS 810 BOND Conforms with The American Institute of Arthltects, A.I.A. Document No. A-110 KNOW ALL BY THESE PRESENTS, That we, PETAR ARTUKOVICH CONSTRUCTION CO., INC. l as Principal, hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF MMERiGA. Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee. hereinafter called the Obligee, in the sum of TEN PERCENT OF BID AMOUNT NOT TO EXCEED $120,000.00— — — — — — — — — — — — — Dollars (S 1 OXNOT TO EXCEED $ } 20, 000. 00 , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, suers and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, SIDS 0 QWNER: AUGUST 23, 1994 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 sucb 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 way in good faith contract with another party to perform the Worst covered by said bid, then this obliga'ion shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of AUGUST Witness .19 94 PETAR ARTUKOVICH CONSTRUCTION Cl� Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERI Witness � By PATRICIA M. WHITE, Attorney -in -Fact ALExANDER b ALExaNI)ER "Q Req.Stwee traoemart W SAFECOCapaateVL 5-5arEP 10/90 PRIHrEO IN U.S-A. CAbIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of _CAL IFOENTA County of ORANGE On AuGuST 12, 1924 before me, JACK F L. MOREY, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E G .'JANE DOE. NOTARY PUBLIC PATRICIA M. WHITE- - - - - - - - - - - - - -- - - -- - - - - - personally appeared , NAMEtS) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(&) whose name(4) is/9M subscribed to the within instrument and ac- knowledged to me that lg/she/tjW executed the same in iAs/her/thrix authorized capacity(ias), and that by iwis/her/thW signatures on the instrument the personal, or the entity upon behalf of which the _ - — OFFICIAL SEAL- person(A) acted, executed the instrument. JACKIE L. MOREY NOTARY PUBLIC - CA COUNTY RNu oRxNCEcouNTv WITNESS my hand and official seal. My Comm_ Exprsa Mar- 20. 1995 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTTLEIS3 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) FIRST NATIONAL INSURANCE COMPANY OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT ID BOND TITLE OR TYPE OF DOCUMENT -I- NUMBER OF PAGES AUGUST 19, 1994 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave . P 0- Box 7184 • Carx)ga Park. CA 91309-7184 F 1 RST NATIONAL n INSURAMM COMPANY OF AMERICA KNOW ALL BY THESE PRESENTS: FIRST kATIONAL INSURAWA COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLJL WASHINGTON 9e105 N0. 9645 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint mmug0ummm4mu""Nmu11MMMMIru*m*MMN■■PATRICIA M. WHITE , Costs Mesa, Cal I torniamm"ONNN"Nummm"Nl ONO its true and lawful attorneytsi-In-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similr character issued by the company in do course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such instruments had been duly executed by Its regularly elected officers at its horns office, IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 22nd day of March . 1993 . CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICAk 'Article V. Section 13. - FIDBJTY 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 instrurnent making or evidencing such appoinntment the signatures may be affixed by facsimile. On any ku*m ant conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, wry 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 insew7wnt or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of tine Company setting out CI The provisions of Article V. Section 13 of the By -Laws, and Cif A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect the signature of that certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' 4 R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laves and of ■ Resolution of the Bond of Directors of thus corporatiom and of ■ Power of Attorney issued pursuant thereto, are true and correct and that both the By -Laws. Ihs Resolution and the Power of Attorney we still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sad of said corporation this 19 t h day of AUGUST . 1994 . tin l�f C, - I� r_ l U ff c'i� ':f riS•� ^�� S- l "91" 1193 VIGILANT INSURANCE COMPANY BID BOND Ic 15 Mountain View Road, P. O. Box 1615 (AIA A310) CHUBS Warren, New Jersey 07081-1B 15 KNOW ALL MEN BY THESE PRESENTS that ANRO CONSTRUCT ION COMPANY, INC. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the sum of TEN PERCENT OF THE AMOUNT BID--- Dollars ($ 10% ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, CC-907 AND CC-850 IN THE CITY OF HUNTINGTON BEACH NOW, THEREFORE, If the Obllgee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the event of the failure of the Principal to enter Into such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and vold, othewise to remain In full force and effect. Signed, sealed and dated AUGUST 18. 1994 Form 15-02-0332 (Ed- 1-93) SG-34A VED 4193 PREMIUM -NIL- VIGILANT INSURANCE COMPANY by 1U . ELKS H. HAGEN Attorney In Fact CA1.IFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of _ County of On CALIFORNIA RIVERSIDE p�; 1 8 1994 DATE personally appeared before me, LYNN HOLMES, NOTARY PUBLIC ELKS H. HAGEN NAME. TITLE OF OFFICER - E.G..'.IANE DOE. NOTARY PUBUC N"E(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(d) whose name(,§) is/dAf subscribed to the within instrument and ac- knowledged to me that hb/she/Ndi executed the same in Nib/her/tbS>b I authorized capacity(lW, and that by M/her/AWV/ LYNN HOLMES signature(,) on the instrument the person(i), V Comm. #9"708 or the entity upon behalf of which the O '• NOTARY PUBLIC CALIFORNIA^ RIVERSIDE COUNTY ,I person(b) acted, executed the instrument. . , ..+ Comm Expires Oct 31 1995 WITNESS my hand and official seal. -SINATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmIE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(I£S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE V 993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave.. P.O. Box 7184 • Canoga Park. CA 91309.7184 POWER OF ATTORNEY * Kfibw All Men by these Presents, That the VIGILANT INSURANCE COMPANY. 15 Mountain View Road. Warren. New Jersey. a New York Corpora- tion, has constituted and appointed, and does hereby constitute and appoint William R. Frlis, Hark E. Shreckengast and Elke H. Hagen ofRiverside, California ----------------------------------------------------------------------------------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety lheteon of otherwise, bonds or obligations given or executed in the course of its business. and consents for the release of retained percentages and/or final estimates. to WhriM Whorsaf, the said VIGrL.ANT INSURANCE COMPANY has. pursuant Io U By -Laws. caused Inim presents to be signed by Its Vic►Pr&sitlertt and Assistant Seast" and its corporate goal to be he,iro affixed this 19th day of t4ovember t9 92 VIGILANT INSUR CE COMPANY BY McClellan VlcrPreafd&gt STATE OF MEW JERSEY County of Somerset Ss. on ehfs 19th day at November 19 92 . Wore "penonafy came Richard D. O'Connor to me known and by me known to be Assnlam Secrnary or the VIGILANT 1N. SURANCE COMPANY. the CoePorattdh described M and ,rash exeevled the foregoing Power of Attorney. and the said Richard D. O'Conwor being by me duty awom. Od depose and say that n& a Asset m Secretary of me YIGMANT INSURANCE COMPANY and kndw7 the corporate seal th& Nf. this Rte seal affaed to the taepoing Power of Attorney is such Wrporefe seal and was UhwVo alfaed pry autho•ny, of the Bylaws of sad Conlpant/. and VW he signed sad Power of Attorney as Assistant Sewnary of sad Company by like authdrar. and that he is amuamled with George McCMean and knows nun to be the Voe-President of sad Company. and that the signature of sad George McCleean subscribed to said Power of Ahorey is in the genuine hantd.ntt,ng of sad George mcci ah and was thereto subscribed by authority of said By here and In deportenl's presMhce N04" Ss Shan ro berora nhe on Pie ate e anCERTIFICATION JANET A. SCAV ONCE STATE OF Nnr JERSEY SS Notary Niblie. State of New Jersey County of Somerset No. 2063520 COMMissi0n Expires October 2, 1994 1, rhe undenipned. Assmam Secretary of the VIGILANT INSURANCE COMPANY. oo hereby certdy that Ira following a a [rut e,cerpl from the Bylaws Of the sad Conlipany as Mooted by 4a Board of Drr&ctore on June 13. 1974 and most recemy amended March 3. ISIS and Nat M4 By -Law a in full face and effect "AAMU xV Section 2- As bonds. undertakings. Contracts and other wMeUments &her in&n u &bore for and on benall of the Company whkCh if d Authprired by few of ru tarter to aaecufe. may end than pre executed M the name " on Dehalf of the Company erlMr by Inc Chairman or time Vteinafman or the President or a Vico-PreLCenL pdRy with the Secretary or an ASti31&nt Secretary. under thou respect" tlnpnauons, except Ina! any one or more off"m or attorneys-dWaq designated in any rescllrtwn of th& Board or Directors or the E:enmre Commritse. or m any power of ananey esecvud as provided for in Seaton 3 baeow, mey execute any such bond. undert kwQ or CIIW Abrguron as prorded to Such r&soluuon or power of anbrn ry_ SeCPon 3 All parer of attorney for end on beho of the Company may and shas be executed n the ryme and on ttehO Of the Company. MtW by the Cha rrnan or the VKv4Cftelrman or the Pr&adent of a Vet&. Presdem Or an VC04409481`11 Jymy with die Sea&tary a an Assistant SeeMary, order Orr reapecf..e deeViiiii his The aglyture of such officers may be engraved. printed or ytdgtap hW The sign, we or each of the foNorrirg officers CKMMSA. Vice Chartn&n. Prn.dent. any Vic& President_ any vice Pr&srdant any Sea&tary. eery ALSat&M Secretary and the eeal of VW Company may be affixed by faG4mile to any power Of attorney or ID any cerla[ate relstug thereto appamng Assistant Secretenes or Attorn&yw�i ►Fan fa purPOS" onty a es&cuteV and &nesting bonds and undenakns and otrw wnbrgs oGgnory in the nature mefedf. and any such power Of anom&y or certd,Cal& Clearing such fACtimae a"Wie or f*CWde MY"be rand and binding upon Ihe Company and any such pews ao executed and C&rtdyd br such ISM -is glpnature &rid faC3dit4 Mal shall be v1dd and andng upon the Companywdh respect toarny bond or urdanakirrg to wtuCth n q attached I further nerdy wa said VIGILANT INSURANCE COMPANY is duty ltc&nsed to transact fidelity and srey brAnps in dte State of CALIFORNIA _ and a also day licensed o Deco" sofa Surety an bonds. undertakinp . atc_ permrbed or required by Ifht laws of the United States AndI NNW eartty that the loregong Pouf of Attorney is now in full forte and erect Grv&n urdar my hard and the teal of geld Company at warren. NJ -orporaf& Self 'o•mZt.tO-D]SSIRfv It I NSENT the 18Ti; —Gay m AUGUST. t 1 94 Asalmant Sow tary PRurTED u5A 6ACIFbRN1A ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of California County of Orange On August 23, 1994 DATE before me, Patricia M. Martinez, Notary Public , NAME. TITLE OF OFFICER • E.G..'JANE DOE. NOTARY PUBLIC' personally appeared Scott B. Peterson NME(S) OF SiGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose namets) is/ue subscribed to the within instrument and ac- knowledged to me that heist executed the same in hisihaw=" authorized ••••••••+•••••••+.....��...�.,= capacity(ies), and that by hisdwAbek PATRiCIA M. MARTINEZZ signatureM on the instrument the person(i s f COMM. t1947576 P NRYPUaLOfORNlAa or the entity upon behalf of which the it NOTARY �1ORANGE OOUNTY P :..........::. Comm ;.;;,; ;;;y 0 personal acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TME{S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S►OR ENTITY{IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Avg_, P_O- Box 7184 - Canoga Park, CA 913D9-71g4 WAWA §WpG C�Cro--rE y y- Ul w ac 4 EXHIBIT B FRANKFORT AVE. ELMIRA AVE. r z 0 0 z z 0 DETROIT AVE. _ OLD TOWN ALLEY IMPROVEMENT PLANS CC-850 r N w ce d w O CITY Oro 4Lly fr4GTpN BeAc" fl�nc7Z+ rr rw P-ftwo wow%cs nL& KiMRCtt%ot.aunAM ORANGE • VILLA PARK Client Reference # Independent Reference n Dear Advertisers: Enclosed please find clipp (?,f your ad fran the first publication, beginning If you need any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, udy Ztting Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX (T 14) 631-5902 U3TIC NOUCE INVIVRO BIOS for (Town hold Old town Alley tmprovemoott, (Cc-007 a esa) notice Is h@t42y given that WIN Dios wlti be re< Celv@d by the Huntington fleacn City Cleric at Oty Haft, 2000 Main Streel, Huntington 0#00, CA 92644. until the hour of 2:00 PM on August 23, 1994, at which time buss Wof Da Opened publicly end read atova. Plana, specifications, artd Other Contract documents may be owairtod Slatting August i, Tit, at City tiak Department of Public Works upors receipt of 0 n44-refunda01e t64 Of W.00 if piCkitd up or 'i4Q,OCt tt trlailed. Each b-id shalt be made on the prrooxef form Ora. vided In the contract doCsr plants. and mati be ac- comp4niad by a certified or Cashitt's check or bid DIM &A s man 1mc t bf the bid, rnftda psyahla to the City of Huntington Bauch. The contactor Shan, fn the p@r- tormance of the block and imoroveRtants, conform to the Labor Code cif the Stat1 of caiifoinla Ono other L4W% of " State of Celifotnia app(ictble thereto, with trio exception only of Such variations th@t may be tequifad under the spfciat starates pursuam to which ptoceedings horaum der are taken 4N which neve not Dr34n Supe W6d Dy IN provWons of the 4ibot Coda. Preference to, iAbw #half be givers Only frt the mariner pro%dood by f No Dlo rshalf be con%id- aril unlevo it I% made on a form furnished Dy the City of Huntington aeach and is Rtade In accordance With this provillohs of the pro - POW te%airements. Each bidder trust be 0- Censer( and also prequatl- flled to rewired by fawt j The City Council Of the City of Huntington Beach ire►ervt1 the right to relacl any or all bids. ey order of Me City Cowl- C$ of the City of Huntington Beach, caliloftlia the 16 of M4y, 1994, Connio Brockway, City Clerk of thin City tit Huntloatort Beach, 2004 Main S11441, (714) $36-3431 Pubtlsh@d Huntington Beach Fountain Va sy for taitlprV4WV August 4, It, J_'r7q 571CU!'1 J 1 ICI ICJ tl L c Vn , dG J110 �1 r TOWN LOT AND OLD TOWN ALLEY IMPROVEMENTS PROJECT, CC-907 & CC-850 ADDENDUM NUMBER I AUGUST 22, 1994 Notice To All Bidders: The following revisions/correctIons shall be included in the bid documents. 1) Delete bid itent N 33, "Bore 6 inch PVC C900 under existing driveway", as shown within the General Bid Package on page C-6s for cash contract No. 850. 2) The Contractor shall remove and reconstruct the existing dnveway located betwCen stations 0+20 to 0+30 as shown on sheet 8 of 8 for cash contract No. 850. Cost for removal of existing driveway shall be Includcd in unit bid item to "Construct driveways per City of Huntington Beach Std. Plan 211" (bid item 45, page C-1s). 3) Bid item No. 5, "Construct driveways per City of Huntington Beach Sid. Plan 211" as shown within the General Bid Package on page C-1 s for cash contract No. 850 shall be increased from 1310 S.F. to 1762 S.F. 4) The cost for removal of driveways for cash contract No. 850 shall be included within the unit bid item No. 5, "Construct driveways per City of Huntington Beach Sid. Plan 211" (see page C- Is of the General Bid Package). All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate or (lie Bid Opening date/time for this project. Should you have any questions regarding this Addendum, please feel free to contact Larry J. Taite, project manager of this office, at (714) 536-5590. City Of Huntington Beach, I have reviewed Addendum Number One dated August 22, 1994. 1 understand that Addendum Numbtr 1 shall be included in the bid documents. it li-�G, Company Name a rn. I nn - —r-r a�� true-- r GENERAL BID PACKAGE for the TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, CC-907 AND CC-850 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET I-FUNTINGTON BENCH, CALIFORNIA 92648 BIDS DUE: August 23, 1994 2:00 P.M., 2ND FLOOR - City Clerk's Office $35.00 NON-REFUNDABLE GENERAL IJJD NOTE If there are anv questions relative to this project, please call Larry Taite at: CITY OF 11UNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS ............................... A-1 SECTION B INSTRUCTIONS TO BIDDERS ................................. B-1 I. Proposal Forms ....................................... B-1 2. Proposal Guarantee .................................... B-1 3. Proposal Signature ..................................... B-1 4. Delivery of Proposal ................................... B-2 5. Return of Proposal Guarantee ............. ................. B-2 6.Taxes.............................................B-2 7. Disqualifications of Bidders ............................... B-2 8. Contractor's License Requirement ........................... B-2 9. References .......................................... B-3 10. Listing of Subcontractors ................................ B-3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract ........... ....................... B-4 17. Submission of Bonds and Insurance .......................... B-4 18. Addenda .......................................... B-5 19. General Bid Table .................................. .. B-5 20. Construction Management ............................... B-5 9 SECTION C PROPOSAL ...................................... I.C-1,2 General Bid Table ....................................... C-3 Bid Schedule (Town Lot, CC-907) ........................ C-Is - C-7s Bid Schedule (Old Town, CC-850) ........................ C-ls - C-6s List of Subcontractors ................................ .... C-4 Utility Agreement ....................................... C-6 Disqualification Questionnaire ................................ C-7 Compensation Insurance Certification ........................... C-8 Underground Service Alert - I.D. Number ........................ C-9 Bidder's Information .................................. C-10,11 SECTION D Sample Contract .......................................... . ffl N SECTION A NOTICE INVITING SEALED BIDS for the TOWN LOPOLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTLNGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects and will receive such bids in the offic-z the City Clerk, Second Floor. 2000 Main Street, Huntington Beach, California 92649, up to the hour of 2-00 P.M. on August 23, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans. Specifications, and contract documents are available form the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $40.00 non refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the Total Amount Bid. A-1 r The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is a%varded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1� day of May, 1994. Attest: Connie Brockway re-1 I W19210:1R:(9 ��I `[�]I�0llf 1111�LlyC�]`►�: �I:[*1 MA SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORM Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall. 2000 Main Street. Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are ;-i.;ted'to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. Z. I!ROPOSAL GUARANIEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PROPOSAL SIGNAT I If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. ME r 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for TOWN LOT/OLD TOWN ALLEY LN'IPROVEMENTS,(CC-907 & 850) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure deliver}, of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. S. RETLRN OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. DI5QUALFFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REQUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. REFEREV E All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISTING OF SUBCONTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of'bne percent of the Contractor's total bid. 11. DISCREPAN rF�.AI D MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. EQUIVALENT MATERIALS Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum B-3 prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. AWARD OF CO\'TRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. i1KATERIAL GUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. I6. EXECUTION OF CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBMISS10N OF BONDS AND INSURANCE The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company. naming the AGENCY as an additional insured. 18. ADDEN'DA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. GENERAL BID TABLE The bidder shall complete each individual bid schedule. The Amount Bid, in figures for each schedule, shall be copied to the General Bid Table. on the following page, and placed in its appropriate location. When the General Bid Table is completed, the bidder shall sum the Amount Bid column to determine the Total Amount Bid for both schedules. This Total Amount Bid will be used for the basis of award. 20. CONSTRUCTION )t'IANA_GEMENT The Contractor to whom the award is made, shall adhere to the Construction Schedule as herein provided. However, the Contractor may propose a new schedule for review by the AGENCY. If found acceptable, the AGENCY will issue a written statement of approval to the Contractor. Both alley projects shall be managed, constructed, and accounted for as individual projects adhering to all conditions and requirements as set forth by each respective project specification. M. SECTION C PROPOSAL for the TONNN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND I<•IEMBERS OF THE COU\'CIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, C-1 the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6100C 5 b� in the amount of $ 100 dr �+D ID)r-17 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dcue Received Bidder's Signature C-2 BID SCHEDULE C.C. No. PROJECT NAME AMOUNT BID C-Is i C-7s 907 TONNN LOT ALLEY eD5 338 C-Is / C-6s 850 OLD TOWN ALLEY 2Zl 1 toe TOTAL AMOUNT BID: 1 $ 1 , Q 3 711. 4- (p TOTAL AMOUNT BID IN WORDS: drW-- f'y\ILLIoIJ ` l-�1R-Tj C-3 GENERAL BID TABLE BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estirnated Item with writ price Unit Extended No. Quantity written in words Price Amount 1. L.S_ Clearing and Grubbing LS -V - Dollars $ $ Cents Lump Sum ?_ 1,917 Unclassified Excavation C.Y. r 15 i Dollars $ $1�-' Cents Per C.Y. 3. 1,684 PCC pavement C.Y. S It "�j �� Dollars $ 24%l�a ® $ Cents Per C_Y. 4. 40 Tons Deeplift asphalt Dollars $ r70 $ 2cx0 Cents Per Ton 5. 5,596 PCC alley approach S F. ® Dollars $ 2 $ I( 1ctZ Cents Per S.F. 6. 1,796 PCC Sidewalk S.F. ® Dollars $ S Cents Per S. F. 7. 169 PCC Curb and Gutter 1 L �(0qp Dollars $ $ Cents Per L.F. C-1 s CASK CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 8. 164 8' Narrow Trench Drain L_ F. O `6 � 1 !fin7 $ � iD4t70 ® Dollars $ t!400 Cents Per L_F_ 9. LS Trench Shoring Dollars LS $ $ 1D,6� Cents Lump Sum 10. 6 Each Remove Fire HydrantAssembly ,Fire ® 1 4 t "�` `- Dollars $ r�� $ CKV t% Cents Each 11. 7 Each Fire Hydrant Assembly } , yl � t `"� 2ZQ� ,( C)C,> ®Dollars $ $ Cents Each 12. 3,580 8" PVC, Class 200 L.F. � ` �a Dollars $ Z 5 1� 0 Cents Per L.F. 13. 26 6' PVC. Class 200 L_ F. I D40 ® Dollars $ Cents Per L.F. 14. 14 Each 8" Gate Valves Aso (off ® Dollars $ $ Cents Each 15. I Each 8" x 8' x 8" Tee Dollars 5 $ 7190 Cents Each C-2s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 16. 112 Each 1" Water Service with 314" Meter ® �I V �' Dollars S _5cc) S 4� Cents Each 17. 29 Each 1" Water Service with 1' Meter Q ffrr\X,-ba fiflli Dollars S 550 S D Cent_s Each 18. 1 Each 8' x 12' x 12' Tee with 2-12" Gate Valves and 2- 12" x 8' Reducers �'` ® ��—�6k y T'Doiiars S S 520 +� Cents Each 19. l Each 6- Hot Tap and 6' Gate Valvve, 1_ �� ) ��Jt� 5t � Z �Y l Dollars $ 2 500 $ 500 Cents Each 20. 10 Each 8" - 45 - EIbow ® Dollars S 2-Co S 24)0a Cents Each 21. 11 Each Plue ExistMain 150 Dollars $ 15o S 1650 LO Cents Each 22. 1 Each 8" x 12- x 12' x 8' Cross and 2 - 8" Gate Valves, 2- 12' Gate Valves with 2- 12" x 8" Reducers (g IEMTf Do) Iars S 48co S 46co Cents Each C-3s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 23. 4 Each 2" Water Service with 2' Meter ® T OT >� Dollars $ Z,� $ bDcc> � Cents Each 24. 1 Each 6' PVC Connection to 6' AC ® 7??LL�� Dollars S $ rzooL,> �-a Cents Each 25. 4 Each 8" PVC Connection to 8" AC ®� ! roz A49 Dollars $ $ e�A� Cents Each 26. 2 Each 8" PVC Connection to 6" Cast iron ® Dollars S $ 4cce> 13600 Cents Each 27. 2 Each 8" PVC Connection to 8' Cast Iron ®�11k'D(40-)r ' OA Dollars $ 2-) DD $ Zl.Z 2 ""'-" ' Cents Each 28. 26 Each New Meter Box for 314- Meter and Adjust to Grade �p ® O� ' ?, ; 6zl Dollars $ DO $ 211q9p cTO Cents Each 29. 3 Each New Meter Box for 1 ` Meter and Adjust to Grade Dollars $ S ,!� 45o Cents Each C-4s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 30. 1 Each New Meter Box for 2" Meter and Adjust to Grade Dollars $ rZ� S 2 Cew; Each 31. 2 Each 8' PVC Connection to 6" AC ®� �� Dollars $ $ 4 Cents Each 32. 9 l-:ch .Adjust Gate Valve Cover to Grade Dollars $ Cents Each 33. 3,874 8" Extra Strength VCP L.F. �• rC�y Ti4(s 1-74 OMD (a Dollars $ $ D Cents Per L.F. 34. 8 10" Extra Strength VCP L.F. -70- (a Dollars $ $ I V _ Cents Per L. F. 35. 2.178 4" VCP Lateral LF 8120 ® - — Dollars $ $ Cents Per L.F. 36. 2 Each Sewer Clean -Out [�Ot4E,Dollars $ 1000 Cents Each 37_ 5 Each Core Drill Existing Manhole th/wev Dollars $ $ Cents Each C-5s CASH CONTRACT 907 Item Estimated Item with unit price knit Extended No. Quantity written in words Price Amount 38. 2 Each Manhole ! ®-�Nf�"12 fps 26D Dollars 2 2 llfaD� $ CR S 44-&CR - Cents Each 39. 1 Each Drop Manhole ® Dollars -,29;92 ,.— Cents Each 40. 14 Each Adjust Sewer Manhole to Grade a r t S ! 5D 2 OD ® Dollars S -�—Cents Each 41. LS Fill Manhole with Concrete; Reform Base; Plug Outlet LS ? t Dollars $ $ Cents Lump Sum 42. LS Abandon Existing Sewer 4�3 k�OL�+1D Ti\C LS ® Dollars S $ Cents Lump Sum 43. LS Modify O.C.S.D. Manhole Dollars $ �' $ 2 z� O Cents Lump Sum 44. 18 Each Remodel Existing Sewer Q f*5'40"40e`66 Dollars $ GJpp $ clocc-> Cents Each 45. 2,845 L.F. Remove Existing Sewer Lines ® Dollars $ 3 $ 0535 Cents per L_F. C-6s CASH CONTRACT 907 F46. Estimated Quantity Item with unit price written in words 'nit Price Extended Amount LS Traffic Control T Dollars S 2C-F=o Cents Lump Sum TOTAL AMOUNT BED IN FIGURES: $ II TOTAL AMOUNT BID IN WORDS: 6tCj++r ifhAljkrt1a II C-7s CASH CONTRACT 907 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 850 Itcul EstiruaIcd Vern witli unit price Unit Price Extended No. Quantity written in words Amount I. LS Mobilization ® � [�� Dollars $ _(06wo Cents Per Lunip Sum 1 25,305 Remove existing AC, AB andior subgrade as SF required ^�,. `` Dollars $ $ +� Cents Per Square Foot 3. 25,305 Construct P.C-C. pavement section per typical SF Section "A" —TWO o� �Ola Dollars $ $ qfszc7 Cents Per Square Foot 4. 181 LF Remove existing curb and gutter [d 71100 Dollars Cents Per Linear Foot 5_ -t--W SF Construct driveway per City of Huntington l'llv'Z Beach Sid. Plan 211 p ,. 1 1 .�l,�e&G_ a Dollars $ S Cents Per square Foot 6. 105 LF Construct curb & gutter per City of Huntington Beach Sid. Plan 202 4 10 i 0 50 ® Dollars $ S O Cents Pcr Linear Foot C-Is CASH CONTRACT 850 Item Estimated Item wide unit price Unit Price Extended No. Quantity written in words Amount 7. 29 EA Remove existingconcretefilled pipes Ci e' t Dollars $ nD �J $ i3jL-) Cents Per Each 8. 1 EA Remove existing tree Dollars Cents Per Each 9 34 Ton Construct full depth A.C. 8' thick Dollars $ $ C)C> Cents Per Ton 10. 103 LF Construct 10" retaining club per typical Section B ® Dollars S S AD Cents Per Linear Foot 11. 618 LF Removeeexisfiing 8- VCP sewer and laterals -ex Q� ` w-fsfy- Dollars :?71;00 Cents Pcr Linear Foot 12. 616 LF Construct 8' VCP per City of Huntington Beach Std. Plan 502 hqnA T� v� Dollars Zo L Cents Per Linear foot 13. 44 EA Construct sewer lateral per City of Huntington Beach Std.507 �Pllaan 0 t `�L"~ ' "' � Dollars S $ Cents Per Each C-2s CASH CONTRACT 850 Item Estimated item with unit price Unit Price Extended No. Quantity written in words Amount 14. 2 EA Remove existing sewer clean -out &t4� Dollars Cents Per Each 15. 2 EA Construct sewer clean -out per City of Huntington Beach Sid. 508 �PPllaan 9 V ggor t ' "' "" Dollars $ $ Cents Per Each 16. 1 EA Modify existing sewer, drop manhole per City of Huntington Beach Sid. Plan 506 Qr1��t� Dollars $ � $ Cents Per Each 17. 1 EA Connect sewer pipeline to existing drop manhole I -FVL'� � Dollars $ 5 Cents Per Each 18. 4 EA Adjust eater valve box to grade per City of Huntington Beach Sid. Plan 612 15F6 HO L� Dollars $ _ .L S 1p Cents Per Each 19. 22 EA Construct 314" meter box (for traffic use) per City of Huntington Beach Std.Plan 601 and adjust to grade ® ��'% 6V6 Dollars $ —7 J 5 l �, 1�.x� Cents {Per Unit} C-3s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended NO. Quantity written in words Amount 20- 4 EA Construct I" meter box (for traffic use) per City of Huntington Beach Sid. Plan 602 and adjust to grade } DD ® . . _ Dollars Cents {Per Unit} 21. 3 EA Remove existing valve box and construct new valve box per City of Huntington Beach Sid. Plan 612 Dollars Cents Per Each 22_ 842 LF Remove existing water pipeline and appurtenances. See plans for pipe size and Dollars Cents Per Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 water pipeline Q F:E)� -292 Dollars $ �Z $ Zg�� Cents Per Linear Foot 24_ 537 LF Construct 6' PVC C900 Class 150 water pipeline �p Dollars $ 4-o $ 2 480 'O Cents Per Linear foot 25- 2 EA Construct new 6' gate valve per City of Huntington Beach Sid. Plan 6122 & 614 ® i t - r "' `:'`� Dollars $ $ -� Cents Per Each C-4s CASH CONTRACT 850 item Estimated pent with unit price Unit Price Extended No. Quantity written in words Amount 26. 1 EA Connect 6" P.V.C. pipe to existing 6' A.C.P. with ductile iron adapter per City of H.B. standard plan 614 $ $ 1 xvT who � Dollars Cents Per Each 27. 20 EA Construct 1 " water service wl 314' meter per City of Bunting on Brach Sid. Plan 601 {� Dollars 5�,.,,��,, $ � $ M� Cents Per Each 28. 4 EA Construct 1' water service wll' meter Per City of Huntington Beach Sid. Plan 602 tilt✓ 1*-A 6 Dollars r S ® � Cents Per Each 29. 5 EA Construct 2" water service w12' meter Per City of Huntincton Beach Sid. Plan 603B $l7 Dollars S Cents Per Each 30. 1 EA Connect 6' PVC C900 to existing 12" ACP with 12'x12 x6 teem q- C2-00 S CentS Per Each 31. 1 EA Remove existing 4" gate valve ®_U-5 Q Dollars $ aD 2 ' 2 Cents Per Each C-5s CASH CONTRACT 850 Item Estimated Item wide unit price Uuit Price Extended No. Quantity written in words Amount 32. 2 EA Connect 6' PVC to existing 6" gate valve with ductile iron adaptor � � Dollars $ 'D $ �� @ 4400 Cents Per Each 3_ . _ Bore 6' PVC C900 under existing driveway (� Doll ents $ Per Linear Foot 3 t_ 1 LS Traffic control .,�_[�� @ G 1� rz u" DolIars C•�-�-� CJ Cents Per Lump Sum TOTAL AMOUNT BID IN FIGURES: I $ JzZq �Q3 II TOTAL AMOLTINT BID IN WORDS: —tLW �--�� 1�1 4f:r li i�A-tom o k-j"-Czii�, v-:104r 4k)u� C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS 1n accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor and Address State License Class of Work Number By submission of this proposal, the Bidder certifies: C_4 1. That he is able to and will perform the balance of all work-%•hich is not cowered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. Im UTILITY AGREEMENT HONORABLE MAYOR AND CITY COLFNCIL CITY OF HUNTLNGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700. as follows: "Qualified Person": A person who, by reason of experience or instruction, is familiar with the operation to be perfonned and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. a - - AMC" WW'21'. C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? _, ✓ Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 1 W�� L�► r �i� C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Y Title Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: me business Address l4 ) Telephone Number State Contractor s License No. and lass w A -Vila Original ate Issued 12.3 t - "15 Expiration Date B.Posa'00 . The work site was inspected by E� - Z z - c14- _ of our office on 'C 2"Z , 19 j'. The following are persons, firms, and corporations having a principal interest in this proposal: V P (fz c-10 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed v ork and improvements -in accordance with the plans and specifications set forth. Ao2o 44-i-e6a1w CVMD" Corn p ny Na ignat re of Bidder .E 1 rited or Typed Signature rsoioo eirp�a A46- U� cA qu z t Address of Bidder Telephone Number _ - 1 Subscribed and sworn to before me this day of 19 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years - Name and Address Name and Telephone No. of Project Manager: Kati UAM" 4 &5 -* '3obo Goo WA"re- rI _C% Contract Amount Twe of Work Date amp ete. 2. [• s of P+C., T %,JEP—A Name and Address Name and Telephone No. of Project Manager: -JJr-,34 BA!�t� 10 � 8QJ -�415 U-14 , Doc A3 ontract Amount Type of Workate Complete 3. 1?-vl T&— DrSTV-tcr Name and Address Name and Telephone No. of Project Manager: O CCeTS 114 453.5� Ay cteol o EaA, Wm-- R 06 utWz_ 12-1q3 ontract Amount Type ot WorkTate CompTexe- C-1 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On August 23, 1994 DATE before me, Patricia M. Martinez, Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Scott B. Peterson NAME(S) OF SIGNER(S) ❑x personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(sX whose name is/mm subscribed to the within instrument and ac- knowledged to me that hehebErAhey executed the same in his/hmxhhai& authorized �sirr+iiirrr+rrriirrrrrrrrrriral� capacityi ), and that by his/hmxhbzk z PATRICIA M. MARTINEZz signatureft) on the instrument the person(8), COMM. #947576 g $ �" NOTARY PUBLIC-CALWORNIA or the entity upon behalf of which the P i ORANGE COUNTY P My Comm. Exp. Nov. 6, 1995 r p erson acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 SECTION D SAMPLE CONTRACT -Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMIPROVE-MIENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) 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 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 S. 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 Or CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE. HOLD HnRryiLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACT;NG PROHIBITED 14 31. ENTIRETY 15 6.'agree,1ow'nioV07j'26'94 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this day of .19 , 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 Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth Street frorn Wa!r.ut Avenue to Orange Avenue, and behveen Third Street 2nd First Street frcm Walnut Avenue to Orange Avenue (CC 907),.and between Alabama Street and the prolongation of Califomia Street from Atlanta Avenue to Chicago Avenue (CC 850), 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, 1 SAMPLE 61agreeJlownloV07176/54 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 bome 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 requirerr,ents 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 s= t 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, 2 SAMPLE 6'agreen Dwnkov07,75.'94 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 Califomia chapter of the American Public Works Association and the Southem California District Associated General Contractors of the Califomia 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 an acceptance of the terms of said bid or proposal which is in conflict herewith_ 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 3 SAMPLE 6ragrmlow,n W07r26/54 One Hundred Thirty -Five (135) working 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_ 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 incidP-i!al to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR sha!1 coordinate its work w*,Lh 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. 5 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is amhorized 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 worts. 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 4 SAMPLE 6 a9teeAownU/07r2G/34 by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY'does not warrant that the work 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 worn 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. 5 SAMPLE 6!a g r m1 owrzlo VG 7 R6r94 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 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. ;1. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto L�at in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 pericd of time prior to the date of final settlement of 6 SAMPLE 6 agreeAownloll07,76194 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 worts by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 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 %varke{s, 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 7 SAMPLE 6/a g r emi own Novo 7r265*4 Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the 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 8 SAMPLE 61agreeJtownIoVO r2654 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 perfr:.r.;zd in accordance with the terns 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 QF 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. 9 SAMPLE 6/agretAown4oV07r26r94 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 of :-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 th2t 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 (S250,000) 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 10 SAMPLE b.+a g r eel own W07r26/94 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 worts, 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 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during Vie life of this Agreement, in a amount of not less than One Million Dollars (S1,000,000) 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 subrogafion 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. 11 SAMPLE G a g ree,l ovml oV0 7/26194 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 Attomey 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 Agreemant or the contract documents, CITY may give notice in writing of its intention to terminate this agreement. Unless the vio!ation 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 12 SAMPLE 6lagrm1av 1oG07/26:y4 financial interest in this Agreement in violation of California Govemment 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 Hunrf; rd Doilars (S100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 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 13 SAMPLE 5ra9rWvwn1a o7126194 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. 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. ter- ♦ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (elyde one) Chairman/PresidenWice President By. print name ITS: (crrcie one) Secretary/Chief Financial Ot icer/Asst. Secretary - Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: o-- b City Attorney INITIATED AND APPROVED: Director of Public Works 14 SAMPLE 6.1awn1o0725 O6+W94 it ANRO CONSTRUCTION CO., INC. 6700 Stanton Ave., Suite A Buena Park, CA 90621 CITY OF HUNTINGTON BEACH OFFICE OF CITY CLERK SECOND FLOOR 2000 Main -Street Huntington Beach, CA 92648 BID PROPOSAL: TOWN LOV OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 IN THE CITY OF HUNTINGTON BEACH I V ' . TOWN LOT AND OLD TOWN ALLEY INIPROVEME"NTS PROJECT, CC-907 & CC-850 ADDENDUM NUMBER I AUGUST 22, 1994 Notico To All Bidders: The following rtvisionsleorrections shall be included in the bid documents. 1) Delete bid item # 33, "Bore 6 inch PVC C900 under existing driveway". as shown within the General Bid Package on page C-6s for cash contract No. 850_ 2) The Contractor shall remove and reconstruct the tmsting driveway located between stations 0+20 to 0+30 as shown on sheet 8 of 8 for cash contract No. 350. Cost for removal of cdsting driveway shall be included In unit bid item to "Construct driveways per City of Huntington Beach Std. Plan 211" (bid item ASS, page C-1 s). 3) Bid item No. 5, "Constrw driveways pet CiV of Huntington Beach Sid. Plan 211" " shown within the General Bid Package on page C-Is for cash contract No. 950 shall be increased from 1310 S.P. to 1762 S.F. 4) The cost for removal of driveways for cash contract No. 850 shall be included within the brit bid item No. 5, "Construct driveways per City of Huntington Beach Std. Plan 211" (ste page C-Is of the General Bid Package). All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engincefs Estimate or the Rid Opening daidtime for this project. Should you have any questions regarding this Addendum. please feel free to contact Larry J. Taite, project manager of this office, at (714) 536-5590. City Of Huntington Beach, I have reviewed Addendum Number One dated August 22, 1994. 1 understand that Addendum Number 1 shall be included in die bid documents. PETAR ARTUKOVICli CONSTRUCTION CO.. INC Company Nance By Date T0'd 60CA WUZb:6 P661 'ZZ Und 09ecEP60TC :01 5mw D l End : t ob=i X GENERAL BID PACKAGE FE$ for the TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, CC-907 AND CC-850 in the CITY OF HUNTINGTON BEACH 2000 NIAVq STREET HUNTINGTON BEACH, CALIFORNIA 92648 BrDS D August 23, 1994 2:00 P.M., 2N; -D FLOOR - City Clerk's Office $35.00 NON-REFUNDABLE GENERAL illD ?VOTE: If there are any questions relative to this project, please call Larn- Taste at: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 91648 (714) 536-5431 TABLE OF CONTENTS SECTION A ;NOTICE INVIT][NG SEALED BIDS ............................... A-1 SECTION B INNSTRUCTIONS TO BIDDERS ................................. B-1 1. Proposal Forms ....................................... B-1 2. Proposal Guarantee ........................ . . ....... . .. B-1 3. Proposal Signature ..................................... B-1 4. Delivery of Proposal ................................... B-2 5. Return of Proposal Guarantee .............................. B-2 6.Taxes.............................................B-2 7. Disqualifications of Bidders ............................... B-2 8. Contractor's License Requirement ........................... B-2 9. References ....................................... ... B-3 10. Listing of Subcontractors ................................ B-3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract .................................... B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract .................................. B-4 17. Submission of Bonds and Insurance .......................... B-4 18. Addenda .......................................... B-5 19. General Bid Table .................................... B-5 20. Construction Management ............................. . . B-5 H r SECTION C PROPOSAL .......................................C-1,2 General Bid Table ....................................... C-3 Bid Schedule (Town Lot, CC-907) ........................ C-Is - C-7s Bid Schedule (Old Town, CC-850) ........................ C-1 s - C-6s List of Subcontractors .............................. . ..... C-4 Utility Agreement ....................................... C-5 Disqualification Questionnaire ............................. . .. C-7 Compensation Insurance Certification ........................... C-8 Underground Service Alert - I.D. Number ....................... . C-9 Bidder's Information .................................. C-10,11 SECTION D Sample Contract .......................................... . ,-� SECTION A NOTICE INVITING SEALED BIDS for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on August 23, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available form the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $40.00 non refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention frorn all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check. or bidder's bond made payable to the AGENCY for an amount no less than 10 % of the Total Amount Bid. Ili The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1� day of May. 1994. Attest. - Connie A-2 -i; SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL F-O"IS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY «•ill reject any proposal not meeting these requirements. The bid shall be filed with the Citv Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PRQPOSAL SJGNATURE If the proposal is made by an individual, it shall be signed and his fall name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. Am PA 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for TOWN LOT/OLD TOWN ALLEY LN-1PROVEM.ENTS,(CC-907 & 850) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. RETURNT OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. INS -QUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REQUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section AN 1Olb4. 9. REFERENCES All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISTMG OF SUBCONTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. DISC&EPANCIES kN'D MISLNDERSTANDJNGS Bidders must satisf}, themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12.EQUIVALENT MATERL4,U Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBILIT ES All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum W prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. AWARD -OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by die AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15—MATERIAL QUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. EXECUT_IQNOF C0NJRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBMISSION OF BONDS AND INSURANCE The successful bidder will be required to furnish the necessary bonds and insurance to the .y. AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Poling Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. l$. ADDENDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. GENERAL BUD TABLE The bidder shall complete each individual bid schedule. The Amount Bid, in figures for each schedule, shall be copied to the General Bid Table, on the following page, and placed in its appropriate location. When the General Bid Table is completed, the bidder shall sum the Amount Bid column to determine the Total Amount Bid for both schedules. This Total Amount Bid will be used for the basis of award. 20. CONSTRUCTION _MANAGEMENT The Contractor to whom the award is made, shall adhere to the Construction Schedule as herein provided. However, the Contractor may propose a new schedule for review by the AGENCY. If found acceptable, the AGENCY will issue a written statement of approval to the Contractor. Both alley projects shall be managed, constructed, and accounted for as individual projects adhering to all conditions and requirements as set forth by each respective project specification. M. q SECTION C PROPOSAL for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR A_\'D NIEMBERS OF THE COUNCIL OF HL`N'TII`MGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor. material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, C-1 the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find , in the amount of 5 0 % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert die words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dare Received Bidder's Signature C-2 BID SCHEDULE C.C. No. PROJECT NAN'IE AMOUNT BID C-is; C-7s 907 TOWN LOT ALLEY v 751, pO C-Is I C-6s 850 OLD TOWN ALLEY a a ,S"�f�� 7.S TOTAL A -MOUNT BID: $ f� Q 6 7 % 9. 7 5- TOTAL AMOUNT BID IN WORDS- � _ C-3 GENERAL BID TABLE BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 1. L. S. Clearing and Grubbing ®a?: Dollars $ LS OJ Cents Lump Sure ?. 1.917 Unclassified Excavation C.Y. ® r Dollars O 0-0- S D 400 Cents Per C.Y. 3. 1,684 PCC pavement C.Y. ® DW- Dollars $ �-� r — 5 ys L6 Y n- - Cents Per C.Y. 4. 40 Tons Deeplih asphalt r Dollars $ 5a S 000 Cents Per Ton 5. 5.596 PCC alley approach S. F. 1�'�'- Dollars r- $ S Cents Per S-F_ 6. 1,796 PCC Sidewalk S. F. r ® Dollars �- $ G v S �' o ,'"'t777Cents Per S.F. 7. 169 PCC Curb and Gutter L. F. Dollars a S 3 Q o g 4 %O p Cents Per L.F. C-Is CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in Words Price Amount 8. 164 8" yarrow Trench Drain L_F. ®_ Dollars L�!� e• $ // .. f Cents Per L.F. 9. LS Trench Shoring ® �� Dollars $ LS S ,4-¢ Cents Lump Stun 10. 6 Each Remove Fire Hydrant Assembly ® of Dollars $ OO $ 00 Cents Each 11. 7 Each Fire Hydrant Assembly Dollars $ 70 5 00 Cents Each 12. 3,580 8" PVC, Class 200 L. F. 7�— ® °``7 Dollars $ $ Q 0 Cents Per L.F. 13. 26 6' PVC, Class 200 L.F. ® G� Dollars l- $ 5_6 $ -3 0 D Cents Per L.F. 14. 14 Each 8" Gate Valves 0 �v'" Dollars e $ 700 $ 9 D D -I'tep` Cents Each 15. 1 Each 8" x 8" x 8' Tee Dollars $ 3-0 D S SD 0 r Cents Each C-2s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 16. I12 Each I' Water Service with 3/4' Meter ® 0`'l'Ii_ Dollars $ 300 S 3 ADD o. Cents Each 17. 29 Each 1' Water Service with l' Meter @ c Lk a � Dollars $ .�_ S 4 D Cents Each 18_ 1 Each 8' x 12' x 12' Tee with 2-12" Gate Valves and 2- 12" x 8' Reducers 2 �?� �� @ �l�t, , .,__._ .� Dollars r S Sp0 r � $ p 4r'- Cents Each 19. 1 Each 6" Hot Tap and 6" Gate Valve Cents Each 20. 10 Each 8" - 45' Elbow r � @ , ..... _. aDollars or- S l So S 0 0 - - -cents Each 21. 11 Each Plue Exist Main r ®-i Dollars o± $ o $ Cent_S Each 22. 1 Each 8' x 12" x 12" x 8" Cross and 2 - 8' Gate Valves. 2- 12" Gate Valves with 2- 12" x 8" Reducers 0 Dollars $ s $ DOO Cents Each C-3s CASH CONTRACT 907 Item Estimated Item %vith unit price Unit Extended No. Quantity written in words Price Amount 23. 4 Each 2' Water Service with 2" Meter @ Dollars ro S g_ oa $ 00,9 4*!! ' Cents Each 24. I Each 6" PVC Connection to 6" AC @ Dollars + $ 300 $ 3,00 Ccros Each 25. 4 Each 8' PVC Connection to 8" AC ® Dollars S 3oo $4,1200 Cents Each 26. 2 Each 8" PVC Connection to 6" Cast Iron ®� Dollars $ $ L 00 .41 Cents Each 27. 2 Each 8' PVC Connection to 8" Cast Iron 34 D `00 0 010CI-C-L Dollars $ $ Cents Each 28. 26 Each New Meter Box for 3/4" Meter and Adjust to Grade Dollars S � $ 6 Soo Cents Each 29. 3 Each New Meter Box for 1" Meter and Adjust to Grade � 3 00 r o0 yaq 0 @ ,dAd fzf- Dollars $ $ .� Cents Each C-4s CASH CONTRACT 907 II Item Estimated I Item with unit price I UnitI Extended II No. Quantity written in words Price Amount 30. 1 Each New Meter Box for 2" Meter and Adjust to Grade i�q0 300 [c Dollars 5 $ Cents Each 31. 2 Each 8" PVC Connection to 6" AC �g Dollars $ 9,90 $ 00 Cents Each 32. 9 Each Adjust Gate Valve Cover to Grade 00 $ 910 f 00 $ _ Dollars Cents Each 33. 3.874 8" Extra Strength VCP L.F. Dollars o $ � '] � ' $ 3 33f lle`'g�`— Cents Per L.F. 34. 8 10" Extra Sueugth VCP �, � $ '' � �o 5 f o ® Dollars Cents Per L.F. 35. 2,178 4" VCP Lateral L.F. 30 (0 S 3 9,0 Dollars $ $ n^�-- Cents Per L.F. 36. 2 Each Sewer Clean -Out Q K Dollars � S 00 f O $ OO - Cents Each 37. 5 Each Core Drill Existing Manhole �ars .p $ O o� S OD --- Cents Each C-5s CASH CONTRACT 907 Item Estimated Item %%ith unit price Unit Extended No. Quantity written in words Price Amount 38. 2 Each Manhole ® �- Dollars $ �� S �— Cents Each 39. 1 Each Drop Manhole �� ®,?`'s Dollars • $� o0 000 Cents Each 40. 14 Each Adjust Sewer 'Manhole to Grade od oa 9 Dollars $ d O $ OO ^1*J` Cents Each 41. LS Fill Manhole with Concrete; Reform Base; Plug Outlet 1 t _ Dollars LS Q O O a $ $ Cents Lump Sum 42. LS Abandon Existing Seu-rr ® Dollars S L' S. $ �� Cents Lump Sum 43. LS Modify O.C.S.D. Manhole a. 0271vd Dollars $ L, 5, S D 00 r . CCIIIS Lump Sum 44. 18 Each Remodel Existing Sewer 42� -- — - Dollars S o� o2Do $ o0 3(00 Cents Each 45. 2.845 L.F. Remove Existing Sewer Lines Dollars $ / �'o $ p U� O1 G Cents per L.F. C-6s CASH CONTRACT 907 a - Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 46. LS Traffic Control 00 s� .e 400 ® Dollars S S -S Cems Lump Sum TOTAL AMOUNT BID IN FIGURES: $ 8 7sl �-- TOTAL AMOUNT BID IN WORDS: C-7s CASK CONTRACT 907 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. LS Mobilization a J1� �_ _ Dollars co Cents Per Lump Sum 2. 25,305 Remove existing AC. AB andlor subgrade as SF required ® qer,� Dollars $ a s sa r Cents Per Squar Foot 3_ 25.305 Construct P.C_C_ pavement section per nTical SF Section 'A' 0 Dollars $ $ enu Per Sq re Foot 4. 181 LF Remove existin¢ curb and cutter a Dollars o' Cents Per Linear Foot 5. -f-3-1B'SF Construct driveway per Cite of Huntington f %(off 5,F Beach Std. Plan 211 C� Dollars Cents Per square Foot 6. 105 LF Constrict curb & gutter per City of Huntington Beach Std. Plan 202 ® Dollars $ 1�_t! $ 1 'p I00 Cents Per Linear Fcxit C-Is CASH CONTRACT 850 liens Estimated Item uith unit price Unit Price Extended No. Quantity written in words Amount 7. 29 EA Remove existing concrete filled pipes �-i- Dollars •� `� �2� cents Per Each 8, 1 EA Rernove existing tree ms /f Dollars DO' o� � $ 0 Cents "34 Per Each 9. 34 Ton Construct full depth A.C. 8" thick ®,-� Dollars 00 S �O $ Cents Per Ton 10. 103 LF Consuuct 10' retaining curb per typical Section B oa ei ®. Dollars $ 3,9 $ Q O Cents Per Linear Foot 11. 618 LF Retnovc cxisdng 8" VCP sewer and laterals ® fDollars 00 00 Cents Per Linear Foot 12. 616 LF Construct 8' VCP per City of Huntington Beach Std- Plan `502 ® 01 9 :� `'`� — � Dollars011- o o $ • $ Cents Per Linear foot 13- 44 EA Construct sewer lateral per City of Huntington Beach Sid. Plan 507 ® Dollars $ 5� Q Cents Per Each C-2s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 14. 2 EA Remove existing sewer clean -out ®. Dollars en— $ DD 'a $ 00 CCllts Per Each 15. 2 EA Construct sewer clean -out per Ciro of Huntington Beach Sid. Plan 508 b e�' 9 Dollars /f Cents Per Each 16. 1 EA Modify existing sewer. drop manhole per City of Huntington Beach Sid. Plan 506 , o0 a 104,-e- Dollars Cents Per Each 17. 1 EA Connect sewer pipeline to existing drop manhole op Dollars $ .SQ $ Cents Per Each 18, 4 EA Adjust eater valve box to grade per City of Huntington Beach Sid- Plan 612 P sO ®- L*)zft4— Dollars $ Q $ D Ceni_s Per Each I9. 22 EA Construct 3/4' meter box (for traffic use) per City of Huntington Beach Std.Plan 601 and adjust to grade np 0 $ 3 s o Dollars Cents (Per Uru-t} C-3s CASH CONTRACT 850 pent Estimated Stem with unit price Uttrt Price Extended No. Quantity written in words Amount 20_ 4 EA Construct I" meter box (for traffic use) per City of Huntington Brach Sid. Plan 602 and adjust to grade (� Dollars Ceres {Per Urtit} 21. 3 EA Remove existing valve box and consiruct new valve box per City of Huntington Beach Std_ Plan 612 (c� Dollars Cents Per Each 22. 842 LF Remove existing water pipeline and appurtenances. See plans for pipe size and type. • a s� is s 8Y ® Dollars Cents Per Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 water pipeline � na 3o ae SD ® Dollars $ $ :f '+ Cents Per Linear Foot 24. 537 LF Construct 6" PVC C900 Class 150 water pipeline � 77 r Q? �Dollars Cho $ 30 o 0 S Cents Per Linear foot 25. 2 EA Construct new 6" gate valve per City of Huntington Beach Sid. Plan 612 & 614 oO •v p Dollars $ 4 0 S D O Cents Pcr Each C-4s CASH CONTRACT 850 Item Estimated item with unit price Unit Price Extended No. Quatuity written in words Amount 26. 1 EA Connect 6" P.V.C. pipe to existing 6" A.C.P. wldi dw:tilc iron adapter per City of H.B. standard plan 614 oe @ Dollars Cents Per Each 27. 20 EA Construct I' water service w; 3. 4" meter per Cite of Huntineton Beach td. P an 601 Qom. Dollars •O S OD � o DUO �tfi Cents Per Each 28. 4 EA Construct I" water service w, 1 " meter Per City of Huntineton Beach Sid. Plan 602 @ �- Dollars oo $ -5 O �e S D D GY`jr Cents Per Each 29. 5 FA Construct 2" water service w.,2' meter Per City of Huntington Beach Sid. Plan 603E ao Dollars S QDD Q a O S7 OF Cents Per Each 30. 1 EA Connect 6" PVC C900 to existint 12' ACP 4 with 12'x 12"x6" tee Dollars oa $ 004 -o $0 DO Cents Per Each 31. 1 EA Remove existing 4" gate valve @ Di"'e- �� Dollars -" S 00 00 S QD Cents Per Each C-5s CASH CONTRACT 850 Item Estimated Item with unit }once Unit Price Extended No. Quantity written in words Amount 32. 2 EA Connect 6' PVC to existing 6' gate valve wi e th ductile iron adaptor Op O o ® _ Dollars $ �O $ O D Cents Per Each ® -Brest:. Cents 34_ 1 LS Traffic control ® Olt--t4 Dollars $ Oo $ OD -''Ld-- Cents Per Lump Sum TOTAL AMOUNT BID IN FIGURES: 1 $ A s�, s c f r '7 TOTAL AMOUNT BID IN WORDS: C ,f� E C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS 1n accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor and Address State License Class of work; Number c c24 L Q By submission of this proposal, the Bidder certifies: C-4 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Pafa•^ Ar f�. kd v,�ti being first duly sworn, deposes and says that he or she is of7Pfcr Arhr,koy/eh CeN,sy"rlcT'llle M fy ing the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. pC�ar � oy c C'oh str u cf�o� Ca��k �. Name o Bidder ignature of Bidder ,?a7 y.3 brave- WGl tt/e r CA y D toa3 A ress of Bidder Subscribed and sworn to bef e m this a Z day of ub�`5f , 19�`� NOTARY PUBLIC NOTARY SEAL OFFICIAL SEAL C-4 tarry C. Gibson EQ. NOfAAY PUBLIC CALIFOAN!A LOS ANGE LES COUNTY VY COMM E.Wvs OCl_ 27. 1995 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (I)(we)(t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person": A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards inyoli ed. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 4 - � 3 - 9 V W Contractor 6ti1. By l-,res�`d�k Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: `� 3 1'e4a +^ c��cov.`Gli CD h SffkL�IOI� �pl,�y� C, Contractor By W 3 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: 77tis form is required for every Dig Alert Identification Number issued by U. S.A. during Me course of the Work. Additional forms nary be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r 4u k6✓,'r-A e—s h 5 )LF k C 11 on Co.. =k:c ame Business Address 310, yV7- "lof Telephone Number C2 300 GU StateContractor's License No. and Class /__/-7— 7(4 iration The work site was inspected by pe fe r A e ikko yrdpf our office on 8 ,/ Y , 19 fy. The following are persons, firms, and corporations hawing a principal interest in this proposal: hA, o v" a t* u e-` 4 C10;T-ti c I I°car Ak-fi( -�o 11,'C4 or C- 5. '44A"IP, r4v.'rGy�TreQs Mr The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. feter ,4r u,-a y rcA Coy sfrucf�oh !'o.,Z�c. CornuPy Name i nature of Bid er PefQr �}N �ukoy"� Fr—inted or Typed Stgnature Address of ' (3/0) 9V7--Y0r1 Telephone Number OFFICIAL SEAL Subscribed and sworn to efor me s day of �6u5 , 19 tarry C. Gibson NOTAnvauuiC CAIIfCANIA LOS ANGELES COUNTY My COMM E:prn Od. 71- IM NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address Name and Telephone No. of Project Manager: 4a-� � r_ (p� % 9f - %G SS Contract mount Type of Worka omp etec 2 30S 03 0 3. Name and Address r Name and Telephone No. of Project Manager: -5--- F1 3G Contfact Am unt Type o or aD to C�m�pTet3 r 303 o Name dnd Kddress Name and Telephone No. of Project Manager:, A&L*-c 'C 3 f 1-413 � 3 3 X 5-61 It - ram-- If Contract Afriount Type of Woff Difte 03rnpleted C-11 SECTION D SAMPLE CONTRACT -Sample CITY FUNDED CONSTRUCTION CONTRACT BETrtiVEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) 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 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 S. 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 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMILESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 25. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6'ag ree.1 ownlot/071M94 Sample CITY FUNDED CONSTRUCTION CONTRACT BEMIEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY I1v7PROVEN TENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this day of 19 , 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 Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth Street from Walnut Avenue to Orange Avenue, and bet :veen Third Street and First Street from Walnut Avenue to Orange Avenue (CC 907)..and between Alabama Street and the prolongation of Califomia Street from Atlanta Avenue to Ch1c2ao Avenue (CC 850), in the City of Huntincton 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, 1 SAMPLE 61ag r eeAownlotl07126194 ;�6 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 bome 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 211 the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the fob 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 t1he 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 CfTY, and any revisions, amendments or addenda thereto; 6.'agree.-lo mlot. 7,76•'94 2 SAMPLE 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 Califomia 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 an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed — Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement_ 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 3 SAMPLE fit a fl r evil own ioVo7 R619d 4 One Hundred Thirty -Five (135) working 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. 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 cocrdi-ate its work v:!Ih he work of all other contractors, subcontractors, and CITY forces workina on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance v;ith 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 CHANCES 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 chances ordered in writing 4 SAMPLE 66 agr"Acwn4oVo7 t25r94 .. by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work 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. a. 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 nsk and expense- 5 SAMPLE 61a9ree11avn1oV07rA194 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 payroll deductions for CONTRACTOR and its o`ficers. 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 pena!:y, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 ded"t 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 6 SAMPLE 6-'agrml ownlovWr26/94 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 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 7 SAMPLE 6/agree/1ownlot/07/26/94 f.. Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the 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 fasted 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 comp!etion, 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 61agreefty doV07f26194 8 SAMPLE r;. 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 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 9 SAMPLE Wagreeltown)oV07r26194 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 ail 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 Pursu2r:t to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants th2t it will comply with such provisions prior to commencing performance of the work hereunder CONTRACTCR 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 Hurid,ed Thousand Dollars (S100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) 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 fumish 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 tirnes incident hereto, on all operations to be performed hereunder, General liability insurance, including coverage for bodily injury, property 10 SAMPLE 6`agreeAown1oV07r2&'94 damage, prod uctslcompleted 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 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. 1i SAMPLE Wa D r eell own I oV07 RGG4 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 Attomey 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 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 upcn 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 DOCUI%AENTS CONTRACTOR agrees that upon : ompletion 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 se,l, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duly 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 12 SAMPLE S agrmlownJoV07I26.'S4 4b.. 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 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 13 SAMPLE Wa greenownlov0706r94 the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attomey is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 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. CONTRACTOR: By* pr;nt r,arne ITS: (circle one) ChairmanlPresidentNice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST. - City Clerk REVIEWED AND APPROVED* City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM' City Attorney v l ( ! s c /W/ INITIATED AND APPROVED: Director of Public Worsts Glawnlo07251061OW94 14 SAMPLE PETAR ARTOKOVICH CONSTRUCTION CO., We } 8243 SERANATA DRIVE + WHITTIER, CAL. 90603 itECEIYEO CITY ci.ERK i.'i': Ls 7 HI�NTlHGT0N Aus 23 1 27 PM O C� a Q eg i I . �5 BID C.C. SCIiEDULE No. PROJECT N VNIE AMOUNT BID C-is 1 C-7s 907 TOWN LOT ALLEY d 3 1 q C-1s I C-Gs 850, OLD TONVIN .ALLEY 3 Z31 y 4 y 4J- TOTAL AMOUNT BID: $ 1� � 38/ 04'8 TOTAL AMOUNT BID IN «'ORDS: 4� J- C-3 GENERAL BID TABLE BID SCHEDULES LIST OIL SUBCONTRACTORS In accordance with Government Code Section 4104, die Bidder shall set forth the naive and business address of each subcontractor �vho perform work or render service to the bidder on said contract in an amount in excess of one-lfalf of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of 1'1•'ork, Name of Subcontractor and Address State License Ntutther Class Paving CAMINO CONTRACTING 327460 A 2646 Palma Drive, Suite 130 Ventura, CA 93003 i By submission of this proposal, the Bidder certifies: C-4 1. That lie is able to and will perform the balance of all work which is not cmered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. UTILITY AGREEMENT 110NORABLE MAYOR AND CITY COUNCIL CITY OF IfUNTLNGTON BEACH, CALiFORINIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified ill the contract. (1)(we)(11) will employ and utilize OMNI qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person": A person who, by reason of e perience or instruction, is familiar with the operation to be performed and the hazards 1livolved. " The undersigned also promised and agrees that all such work sliall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon and, subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: August 23, 1994 WILLIAMS SUPPLY CO., INC. Contractor y John H . Williams President Title C-G DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder .who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise presented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSA,I'ION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded sliall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: i am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the wort: of this contract. Date: August 23, 1994 WILLIAMS SUPPLY CO., INC- Contractor y John H. Wi11iamS President Title AN UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Con[ractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Governtnent Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. 'ib obtain a Dig Alert Identification Number, call ljnderground Service Alert at 1-800-422-4133 a tninitnum of two working days before schedules! excavation - Dig Alert Identification Number: Contractor Y President "f ale Date: Note: 1 his form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the 1Work. Additional forms may he obtained from the AGENCY upon request. C-9 BIDDERS INI{ ORNIATION BIDDER certifies that the following information is true and correct: WILLIAMS SUPPLY CO., INC. Bidder Name P. O. Box 4548 usiness Address Ventura, CA 93007 805 654-8202-- Telephone Number 353528, Class A, C34, C36, C42 State Contractors License No. and Class Original Date Issued 8/31/94 Expiration Date The work site was inspected by John H. Williams of our office on August 15 1 1994 The following are persons, firms, and corporations having a principal interest in this proposal: WILLIAMS SUPPLY CO. INC. C-10 The undersigned are prepared to satisfy theCouncilof the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. INC. Cram any Name azure of —Bidder John H. Williams Printed orTyped ignature P. 0. Box 4548, Ventura, CA 93007 Address of Bidder .:..� N, '� WZ MM. RODRIGUEZ COMM.r#992484 < 654-8.202 I p NOTARY PUBLIC - CALWORNIA (805 — — > VENTURA COUNTY ' Telephone Number My Comm Expires April 25. 1997 �• WZ MARI/ Subscribed and sworn to before me this day of au�f , 19 .r �, r NOIARCYMm. ` ;- si VENTUr My Comin. Expi NOTARY PUBLI NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which I the bidder has performed similar work within the past two years: 1 Refer to Attachment "A" Name and Address Name and Telephone No. of Project Manager: Contract Amount -Cype of Work Date Complete 2. Name and Address Name and Telephone No. of Project Manager: ( � Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: - - 4 - Contract Amount rype of Work Date Completed C-11 NONCOLLUSION E1.Z}`F IDAVIT TO BE E XrCUTrn BY BIDDEM AND SUBMITTED WITH BID State of California 33. County or Orange JOHN H. WILLIAMS �^ I)Ciilg first drily sworn, dcposc.9 and says that lie or she is PRESIDENT trfwILLIAM SUPPLY CO., INC. the party making the foregoing bid that the hid is not made in tare interest of, or on Il,c behalf of, any undisclosed person, partnership, company, association, organiz.ltion, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or aityorie else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in ally manner, directly or indirectly, sought by agrecrner,t, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statemcnts contained in the bid are true; and, further, that the bidder hac not, directly or indirectly, submitted his or her bid pi ice or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fcc to ally corporation, partnership, company association, organization, bid depository, or to any member or :ibcm thereof IO elfccatrate a collusive or salon, bid. - - WILL.I,kMS SUPPLY CO., INC. _ - - nitre o Iaer na&LA l er JOHN H. WILLIAMS, PRESIDENT 2368 EASTMAN AVE., SUITE #2 VENTURA, CA 93003 ress or rstuucr Subscribed and sworn to before the this day of , 19. NO-I'ARY PUBLIC NOTARY SEAL CA RECEIVED AUG 1 9 lgo4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of _ ORANGE On 8 17 94 before me, _ D. J. PICARD, A NOTARY PUBLIC DATL NAM[- TITLL OF: OFF 1CLR - L G . •JANF DO[. NOTARY PUBLIC personally appeared _ _ JOHN 11. WILL11LMS NAMF(S,, OF SiGNER(S) ® personally known to me - OR - ❑ pr,�xexfl�xtt�eca�irx�e#a�� to be the person(s) whose name(s) is/zm subscribed to the within instrument and ac- knowledged to me that het-SUMay executed the same in hiss kx authorized _ capacity(.bw), and that by his/AmAtwif OFFICIAL SEAL signature on the instrument the r�erson/� D- J- PICARD U) 9 l ) P W), NOTARYPUEILIC- CALIFORNIA - or the entity up on behalf of which the COMMISSION ;ttrM757 c Y luycoeORMQECOU1P. MaNTY person(s) acted, executed the instrument. WITNESS my hand and o i i I seal. SIGNAT RF. OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form CAPACITYCLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER PRESIDENT TITL(-(S) ❑ PARTNER(S) U LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IF 51 WILI,IAMS SUPPLY CO., INC. DESCRIPTION OF ATTACHED DOCUMENT NONCOLLUSION AFFIDAVIT _ ' ~ TITLE OR TYPE OF DOCUMENT 01 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(Sj OTHER THAN NAMED ABOVE f 01993 NATIONAL NOTARY ASSOCIATION • 823(i RL�nme, Ave. P 0 Box 7184 • Canoga Park. CA 91309-7184 FROM:PUBLIC WORKS TO: B056541930 AUG 22. 1994 8:52AM 9294 P.01 TOWN LOT AND OLD TOWN ALLEY IMMOVEMENTS PROJECT, CC-907 & CC-850 ADDENDUM NUMBER 1 AUGUST 22, 1994 Notice To All Bidders: The follouting re-trisionsrcorrections shall be included in the bid documents. 1) Delete bid item 4 33, "Bore 6 inch PVC C900 under existing dthrcu•ay', as shown within the General Bid Package on page C-6s for cash contract No 850. 2) The Contactor shall remOYe and reconstruct the existing driveway located between stations 0+20 to 04 30 as shown on sheet 8 of 8 for cash contract No. 950. Cost for removal of existing drivc«•ay shall be included in unit bid item to "Construct drivers-ays per City of Huntington Beach Sid. Plan 211" (bid item *5, page C-1 s) , 3) Bid item No. 5, "Construct driveways per City of Huntington Beach Sid. Plan 21)" as Shown within the General Bid Package on page C-1 s for cash contract No. 950 shall be increased from 1310 S.F. to 1762 S.F. 4) The cost for removal of driveways for cash contract No. 950 shall be included within the unit bid item No. 5, "Construct driveways per City of Huntington Beach Sid. Plan 211" (sec page C-1 s of the Gcneral Bid Package). All bidders shall acknowledge the receipt of this addendum oith their bid proposal. These revisions do not change the Engineer's Estimate or the Bid Opening dateltinie for this project. Should you have any questions regarding this Addendum, please feel flee to contact Larry J. Taite, project managcr of this office, at (714) 536-5390. City Of Iuntington Beach, I have re%riewed Addendum Number One dated August 22, 1994. 1 understand that Addendum Number 1 shall be included in the bid documents. N WILLIAMS SUPPLY CO., INC. 8/23/94 Company Name Date ,John tl. Williams, President WILLIAMS SUPPLY CO., INC. - JOB REFERENCES Current City of South Gate 8650 California Ave. South Gate, CA 90280-3075 Lubomir Tomaier, P.E. Current U. S. Army Corps of Engineers P. 0. Box 2711 Los Angeles, CA 90053-2325 Evan Smith, Proj. Engineer Current City of Thousand Oaks 2400 Willow Lane Thousand Oaks, CA 91361 Shamir Shahamiri Current Bureau of Prisons Federal Correctional Inst. 1299 Seaside Avenue Terminal Island, CA 90731 Robert Ribail 02/18/94 University of Calif. Facilities Management Building 439 Santa Barbara, CA 93106 David Rundle, P.E. Penfield & Smith 10/18/93 university of Calif. Facilities Management Building 439 Santa Barbara, CA 93106 Ray Aronson 08/30/93 University of Calif. Facilities Management Building 439 Santa Barbara, CA 93106 Ray Aronson ATTAC1ff F NT "A" 1 OF 3 Water Main Replacement 1994 1 33--WTR $2,027,590 213/563-9578 Waterline (State Tie -In) Vandenberg Air Force Base Solicitation No. DACA09-93-C-0077 $1,027,871 805/734-4670 Sunset Hills Pump Station 90/9 1 -35 $446,552 805/497-8611 Site Utilities Rehabilitation J148c353 $1,131,132 310/831-8961 Ext. 231 Main Campus Water Loop Improvements FM920431L/986056 $736,000 805/963-9532 Main Campus Water Loop Bike Path at Phelps Hall FM9300898/986056 $45,500 805/893-4345 Main Campus Water Loop Ocean Road FM9300358/986056 $26,500 805/893-4535 8/13/93 City of Anaheim 200 So. Anaheim Blvd. Anaheim, CA 92803 Tom Koughran 10/27/93 City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Antonio Shaibani 03/25/93 Yorba Linda Water Dist. 4622 Plumosa Drive Yorba Linda, CA 92686-0309 Earl Hamanaka 12/07/92 University of Calif. Facilities Management Building 439 Santa Barbara, CA 93105 Ray Aronson 5/25/93 U.S.N. Weapons Station Facilities Engineering Building No. 10 Seal Beach, CA Dermot O'Sullivan 8/10/93 Goleta Water District P. O. Box 788 Goleta, CA 93116 Ed Basham 12/07/92 Goleta West Sanitary Dist. P. 0. Box 4 Goleta, CA 931 1 6•-0004 David Rundle ATTACEEKWr "A" 2 OF 3 Water- Valve Replacement Phase VII $214,310 714/254-4296 Water Main Replacement FY 1991-1992 $606,610 310/458-8721 Valve Cut -In on 26-In. Main No. 8971 $83,500 (714) 777-3018 Water Main Relocation 8 Gas Line FM920078S/980440/102-22 $51,000 ( 805 ) 893--4535 Sewer System Repair N68711--91-B-4109 $246,000 (310) 594-7500 Reclaimed Water Distribution System Extension $1,800,000 (805) 683-2151 Isla Vista Sewer Replacement Phase I $1,555,362.60 (805) 963-9532 09/01/92 City of Anaheim Water Valve Replacement ' P. 0. Box 3222 $250,532 Anaheim, CA 92803 Darnold Preszler (714) 254-6850 06/26/92 Goleta Water District Reclaimed Water Distribution 4699 Hollister Avenue Pipeline, PH 1, Line B Santa Barbara, CA 93110 $2,050,000 Ed Bashnm (805) 683-2151 05/05/92 U.C.S.B. Sewer Replacement Facilities Management, 9439 Student Housing West Campus Santa Barbara, CA 931OG $597,000 David Rundle Penfield & Smith (805) 963-9532 1/27/92 City of Santa Barbara Water- Reclamation Project 630 Garden St. Phase 2, Conveyance Pipeline Santa Barbara, CA 93102 $1,861,725 Gino Filippin (805) 564-5396 05/31/91 City of Beverly Hills Construction of Transmission 455 No. Rexford Drive Water Main Beverly Hills, CA 90210 $670,360 David Gustayson (310) 285-2508 04/12/91 City of Signal Hill South East Water Improvement 2175 Cherry Avenue Project No. 632 Signal Hill, CA 90806 $448,531 John Kennedy (213) 426-7333 12/04/90 City of South Gate Water Main Replacement 8650 California Ave. 1990-PW-5 South Gate, CA 90280 $852,401 Lubomir Tomaier (213) 563-9512 12/03/90 City of Anaheim Water- Main Construction 200 So. Anaheim Blvd. & Zone Conversion Anaheim, CA 92805 $577,985 David Ly (714) 999-5100 05/25/90 City of La Flabra Domestic Waterline 201 East La Habra Blvd.. Replacement La Habra, CA 90633-0332 $335,897 Robert Suonodono (213) 905-9700 A'ITACIIMQVT "A" 3 OF 3 SECTION C PROPOSAL for the TO'VAN LOTIOLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND NIENIBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees. etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in tite amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S nonce of award of contract to the BIDDER, C-1 th-c proceeds of the security accompanying this bid sliall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $ 10 Per Cent of Bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Adde+ida No. Dare Received Bidder's Siepiorure I 8/22/94 C-2 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended \o. Quantity ►sritten in %%orris Price Amount 1. L S Clearinz and Gruhhhn-, �, �7 (--j .� ,- �- .�`... @ � "".. � Dollars LS $ � $ V1, .v 0 Cents Ltuttp Swn 2. 1.917 Uurlassilied Excavatiuu C.Y70 - ® Dollars S _— $ Cetus Per C.Y_ 3_ 1.684 PCC paventent C.Y_ <J.,; Ac....—L-1 �� Dullats ao $ .1 /8 Sz-YX.2 7?c� Oj � a Cents PCr C.Y. 4_ 40 Tons Deeplift asphalt Dollars S J q0 $ G o D o� ^'a Cents Per Soil 5- 5.596 PCC alley approach S F- !d ® Dollars $ 7 _ $ Cents Per S-F. 6. 1,796 PCC Sidewalk S.F. C- ® Dollars s 6 $ a Cents Per S-F. 7 _ 169 PCC Curb and Gutter L. F. ® Z� - Dollars $ �S S -L5— 3,sl* 6G Cents Per L.F. C-1 s CASH CONTRACT 907 Item Estimated Item with unit price knit Extended No. Quantity written in words Price Amount S. 164 8' Narrow Trench Drain L.F_ C> .. e0 LIJ 4c S 80— a A-',s: Cents Per L-F 9. LS T ho ' tg z o oo o Dvllat; „y 0 Cents Lump Sum 10. 6 Each Remove Fire Hydrant Assembly 0 Dollars $ 00 $ 00 Cetus Each 11. 7 Each Fire Assembly JHydrantt� aria / 7�K�>� �^� Dollars $ a>�SSO.00 S � 00 Each 12. 3.580 8' PVC. Class 200 c Dollars S �lD.QG 5 6� D Cents Per L_F- 13- 26 6` PVC, iass 200 _ L.F. - Dollars 5 0 0 S /Z y.�� 00 // 0 Cents Per L.F. 14. 14 Each 8' Gate Valves / Dollars $ •00 g e-00 KOOCents Each 15. 1 Each 8' z 8' x 8' Tee ® — Dollars $ /lGd. OD S Gig% V O Q /b Cents Each C-2s CASH CONTRACT 907 Item Estimated Item *%-ith unit price Emit Extended No. Quantity written in word Price Amount 16. 112 Each 1' Water Service with 3/4" Meter Dollars S $ 'aO XZ�1049 Cents Each 17. 29 Each I' Water Service with 1' Meter ® Dollars $ Cents Each 18. 1 Each 8' x 12' x 12' Tee Nvith 2-12" Gate Valves and 2- 12' x 8" Reducers .S; GS7• va S; G57• vr' �� Dollars $ $ Each 19. 1 Each G" Hot Tap and 5" Gait! //Val/alve ® X1 Dollars $ Gb Qd $ 3�U0•!/ 0 A�,4em 0 Cents Each 20. 10 Each 8' - 45° Elbow Dollars $ ii•C�U $ A" Cents Each 21. 11 Each Plug Exist Main ® ' L Dollars S 4'� V S& LO- U Cents Each 22. 1 Each 8" x 12' x 12' x 8" Cross and 2 - 8" Gate Valves, 2- 12" Gate Vales with 2- 12' x 8" Reducers � _ Dollars O Cents Each C-3s CASII CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity writlen in Nvords Price Amount 23_ 4 Each 2" Water Sereiice w_idt 2' Mccer $ la -DU S 4,- 5 9-Ud Dollars endeenza O Cents Each 24. 1 Each 6- PVC Connection to 6' AC (�+ ' L' Dollats ��A;5 ,�� Cents Each 25. 4 Each 8' PVC Cotu►ection to 8' AC Dollars $ �i U $ iw Cents Each 26. 2 Each 8' PVC Connection to 6' Cast Irmo Dollars $ / j7a?•UU $ QO�.UO �w Cents Each 27. 2 Each 8' PVC Coluiection to 8" Cast Iron (�ttrc�1 .LS�i�u Dollars $ J7J�•o0 $ Ciao D l� Cents Each 28. 26 Each New Meter Box for 314' deter and Adjust to Grade„ - a�R`(- -- e-Dollars S /y .ao � •5/�,$"S4•oo Oe12//a Cents Each 29. 3 Each New Meter Box for I" Meter and Adjust to Grade C'O� $ .OU $ 40 Dollars Cents Each C-4s CASH CONTRACT 907 Item Estimated Item with unit price d Unit Extended Pr• Amount No. Qunnuly written to mor s ice 30. 1 Each New Meter Box for 2' Meter and Adjust to Grade a - Z6,0 ��+� � . Dollars =U $ -1go• U U a h Cents Each 31. 2 Each 8" PVC COWICLI1011 to 6" AC 7 Dollars $00.00 $ 5.-,,.200.0 0 Cents Each 32_ 9 Each Adjust Valve Cover to Grade JGate Dollars $ / O p Cents Each 33. 3.874 8" Extra Strengdj VCP LF Dollars $ Cents Per L. F. 34_ 8 10" Extra Strength VCP L_F_ @ Dollars $ a-14�1 d Cents Per L.F. 35_ 2,178 4' VCP Lateral 1_-F- ®� Dollars $ •OU /qG. a o0 5 0. O Cents Per L.F. 36 2 Each Sewer Clean -Out ® zz Dollars $ XQ//D04 $ �(XJO•UD a4cteko-0 Cents Each 37. 5 Each Core Drill Existing Mattitole OO.UU o 0 S ® Dollars $ ,�OGD a-A,1740 v Cents Each C-5s CASK CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Qnantily written in words Prim` Amount 38. 2 Each Manhole /� _ ��I�9zt-c.G''42 CO, U �O� Dollars S ... b LAN /DL Cents Each 39. 1 Each Drop Manhole © c.u� Dollar; �G9S/° S Each 40. 14 Each Adjust Sewer Manhole to Grade ® Dollars $ SO.Oo S . ,Ueo- 96 �FeG� Cents Each 41. LS Fill Malilrole with Concrete: Reform Base; Plue Oudet Dollars L S �'d ° $ �l,S-OD O U 6! Cetus Lump Suln 42. LS Abandon Existing Sewer ® /--ter. / Dollars $ o�,OUD UO $ UOD •0 0 % f" � Cents Lump Sum 43. LS Modify 0-C.S.D. Matlltole ® Dollars $ u Cents Lump Sum 44. 18 Each Remodel Existing Seger Dollars S -52;0 • v u S (Jb D •U O Cents Each 45. 2,845 L.F. Remove Existine Sewer Lines ® Dollars $ 1$•00 Cents per L_ F. C-6s CASH CONTRACT 907 Item No. Estimated Quanlify Item with unit price wriffen in words Unit Price Extended Amount 46. LS Traffic Control Q Dollars y d Ded $ ega a 0 0 a ., Ce[us Lump Sum II I OTAL ANIOU`T BID IN FIGURES: I $ j` 3 1y, S9,3 II TOTAL AMOiiNT BID IN «FORDS: c- 0,...� I �- C-7s CASH CONTRACT 907 PROJECT BID SCHEDULE CASH CONVI RACT 850 Item Estimated Item Willi utli( price Unit Price Extended No. Quantity written in Woods Amount 1. LS Mobilization @K' 2Z=!=t)!4 Dollars t! -) t O G •D � CCtrts Per Lump Suet 2- 25,305 Remove existing AC, AB and,'or subgrade as SP reyuirctl ®. AJ d _ Dollars Sd S c-, o'o CCtits Per Square Font 3. 25,305 Construct P-C.C. pavement section Per typical SF Section 'A' ® Dollars S �- S Cents Per Square Foot a. 18I LF Remove existing curb and gutter Dollars C [ (} $ U Q Cents _ Per Linear Foot 5. 1310 SF Construct driveway per City of Huntington Beach Sid. Plan 211 Dollars S Z S 13, 351 Cents Per square Foot G_ 105 LF Construct curb & guttcr per City of Huntington Beach Sid. Plan 202 ® Dollars S I S !sj ,11— 7 e � e Cents Per Linear Foot C-1 s CASH CONTRACT 850 Item Estimated Itent With ultit price Unit Price Extended ?�0_ Quantity wriven in words Amount 7_ 29 EA Remove existing cnncrcre filled pipes Dollars E30 Cents Per Each 8. I EA RCLI,u.•e existing tree ® ?�.GlYr Dollars «AIC 0lOi7 Cents Per Each 9. 34 Ton Construct full depth A-C. 8' tImA Q+ Dollars $ 'lr� UO S Per Ton 10 103 LF Construct 10" retaining curb pfr 13-pical Section S Dollars $ 6 Ceuts Per Linear Foot 1 1. 618 LF Remove existin- 8' VCP server and laterals Dollars d -00 Cents Per Linear Foot 12_ 616 LF Constrict 8' VCP per City of }luntington Beach Std. Plan 502 94r" Dollars �'!JO �i0pr{O•�o 2 CCLLtS $ $ r Per Linear Rxit 13- 44 EA Construct seiner lateral per City of Huntington Beach Std. Plan 507 Dollars S s OlJ $ OS Cents Per Each C-2s CASH CONTRACT 850 Item Estimated No Quantity heir with utut price written in %votds Unit Price Extended Anioum 14_ 2 EA Remove exisiine sewer clean -out ® �Z Dollars -iW.Od Am0 OU $ $ 4z.,�,00 Cents Pcr Each 15. 2 EA CotvtruCt sewer cleatt-OUL per City of Huntirtetun Brach Sid. Plan 508 ' ® Dollars pQ $ 4W$ /„2p�•OG Per each 16. 1 EA Modify existing, sewer, drop manhole per City of Huntington Beach Sid. Plan 506 Dollars ae $ T Od— $ 'Od o� e Cents Per Each 17. 1 EA Cotulect sewer pipeline it) existing drop manhole � zl.- Lug. SOD $ QUO-Oy a 7 Dollars $ AW&46 Cents Per Each 18. 4 EA Adjust water valve box to grade per City of Huntiu¢ton Beach Sid_ Plan 612 Dollars $ 16-5-,oo $ 4:AOo.00 aw l,010o Cents Per Each 19. 22 EA Construct 314" meter box (for traffic use) per City of Huntington Beach Std-Plan 601 and adjust to grade $ /8apo 3 yGoao Dollars Cents JPer Unit} C_3s CASK CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity xvrium in words Ai outlt 20. 4 EA Construct I' meter box (for traffic use) per City of Huntington Beach Std_ Plan 602 and adjust 10 -,rade Dollars $ ,112.00 � �G800 4* Cents iPer Unit) 21. 3 EA Remove existine valve box and construct new valve box per City of Huntington Beach Sid. Plan 612 $ /7�610 $7� 00 r Cents Per Each 22. 842 LF Remove existing water pipeline attd appurtenances. See plaits for pipe size and n'pe. $ / OD 5 ��ao.vo _ , a (�e't-- Dollars Cents Pt:r Linear foot 23. 305 LF Cor>Struct 6" PVC C900 Class 200 eater pipeline � S900 Dollars S. $ Cents Per Linear Foot 24. 537 LF Construct 6' PVC C900 Class 150 wa(er pipelines j / L �r rem — .. Dollars Cents Per Linear foot 25. 2 EA CotL,truct new 6- gate valve per City of Huntington Beach Std. Plan 612 & 614 `'Q (v4d00 /, 0O.po ® Dollars S X-f-le'Vlev Cents Per Each C-4S CASH CONTRACT 850 Item Emintated liritl Willi unit price Unit Price Extended No Quantify written in words Amount 26. 1 EA Connect 6' P-V.C. pipe to existing 6' A.0 P. frith ductile iron adapter per City of H.B- standard plan 614 g /,Z,540, � (8J �-' Dollars Cents Per Each 27_ 20 EA Construct I' water service w/ ?14' meter per City o Huntin Eton Beach Sid. Plan 601 © Dollars i/,'7ko.00 Cents Per Each 28. 4 EA Corivnici 1' grater service %vil' meter Per City of Huntington Beach Sid. Plan 602 oDollars 5 69 $ 268'O0 A..,g "10 e, Cents Per Each 29. 5 EA Construct 2" Crater service w/2" meter Per City of Huntinetori Beach Sid. Plan 603E r C.di. S �`2, �0D' 00 Dollars � OU CCIItS Ptr Each 30. 1 EA Connect 6" PVC C9U0 to existine 12' ACP _ ` ,vidi 12'x 12'x/6' tee � 49 Dollars S S ®% c&992 Cents Per Each 31. 1 EA Remove existing 4' gate valve Dollars S /�Odd•ov S �,pOO.yo gg�wiVo led Cents Per Each C-Ss CASH CONTRACT 850 Item Estimalcd Item with unit price Unit Price Extended No. QuITit ity written in words Amount 32_ 2 EA Connect 6" PVC to existing 6" cafe valve with ductile iron adaptor Cents Per Each 33. 20 LF Bore G" PVC C900 under existing driveway to — Dollars Cents $ $ Per Linear Foot 34. 1 LS Traffic control Dollars oy $Lq�— $ CCO°3 Ceuls ti Pcr Lump Sum I - I -- - - I lTOTAL AMOUNT BID IN FIGURES: $ 3 2 31 V G y 4 s TOTAL AMOUNT BID IN WORDS: c C-6s CASH CONTRACT 850 A ( E NYM5 W I L t I A M S surrlr coMrANr iNCOQ►OQAIfD POST OFFICE BOX 4548 • VENTURA, CALIFORNIA 93007 .CITY CLERK Second Floor City Hall 2000 Main Street Huntington Beach, CA SEALED BID: TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 BID DATE: August 23, 1994 2:00 P.M. a 11 ' SECTION C PROPOSAL for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTE%TON BEACH TO THE HONORABLE MAYOR A.ND M-EMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with [lie plans and specifications on file ill the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, 2 Uthe prbceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and - void. Accompanying this proposal of bid, find BIDDER'S DQN6 the amount of $ l o % which said amount is not less than la ro of the aggregate of the total bid price, as required by the Notice Inviting Seale able to the AGENCY. (Please insert the words "Cash", "Certified Check", o("Bidder's Bond" as the case may be). BIDDER'S BOND Bidder shall signify receipt of all Addenda here, if any: Addenda No. Bare Received Bidder's Signature C-2 BID C.C. SCHEDULE No. PROJECT NAME AMOUNT BID C-Is / C-7s 907 1 TOWN LOT ALLEY C-1 s / C-6s 81.10 OLD TOE}TI ALLEY3%� TOTAL AMOUNT OUNT BTD: $ 1� 9 3 y 1/,2. � 6 � TOTAL AMOU'N7 BID YN WORDS: - 47'* f, k,� At,, V f/7mJSrJ iu,'^ e- 4x IT ro ) r- 0 G P-%-i 4-5 C-3 GENERAL BID TABLE BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 item Estimated Item with unit price Unit Extended No. Quantity- written in words Price Amount 1- LS. Clrarint and Grubbing �l:o.,rrw�ollars 3 0.1 COO. $ io3,000."a ? Cents Lunip Suin 2. 1,917 U-iii-ldssitled EXLdYaL10U C.Y. �r Dollars $ 40.'p $ 740680.S Cents Per C.Y_ 3- 1.694 PCC pavement a One If�.,� �w ,r Dollars 5 f 40• 1-D � S _ —4&cg Cents Pcr C.1-. 4. 40 Tans Deeph t asphalt n n Dollars $ Cents Per on 5- 5.596 PCC alley approach Dollars $ 3. - I _ '`0 Cents P:r S.F. 6. 1.796 PCC Sidewalk S.F. -ice Dollars ,o S 3. $ S 3 Cclits Pe S.F. 7. 169 PCC Curb and Gutter L.F. ®_y Dollars S ZO, a S 3 3 80.f- Cents PeroL F. C-1 s CASH CONTRACT 907 item Estimated Item with unit price Unit Extended No. Quantity written in words Rice Amount 8. 164 8' Narrow.Trench Drain L.F- Dullars w $ 9O• — S 1 r �p L T� Cents Per L.F. 9. LS Trench Shoring �] @. To Dollars LS $ �_000.E Cents Lump Sum 10- 6 Each Remove Fire Hydrant Assembly Dollars $ $ Cents Each 11- 7 Each Fire Hydrant Assembly 7�4- f-ae+,...� Dollars 5 3 004. e c CE, IA21^0 -- Cents Each 12. 3.580 8' PVC. Class 200 L. F. fj %,K Dollars $ 6192. Cents Per .F. 13- 36 6' PVC, Class 200 L.F. �y, 'S✓X� Dollars S (00, 4. -' 5 [�Slo -- Cents Pert. F. 14. 14 Each 8' Gate Valves n Stva,nc.n��cif' F� Dollars $ LSD $ 14) �. Cents Each 15. 1 Each 8" x 8" x 8' Tee rQr �•"�- Dollars $ J•0 $ 1. O�D.� Cents Each C-2s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 16. 112 Each 1" Water Service with 3114" Meter seven, I.k. .f ��►r Dollars S T 6-0. o0o jo Cents E3e 17. 29 Each I" Water Service with I" Meter 7 r� Dollars $ _ $ 3 OID. Cents E?cff 18. 1 Each 8' x 12- x 12' Tee «•ith 2-12" Gate Valves and 2- 12" x 8" Reducers 0 Dollars 5 r S :NAL*"-o - - Cents Eacil 19. 1 Each 6" Hot Tap and 6" Gate Valve ® • Dollars $ S� OGb C $•� Cents Each 20. 10 Each 8" - 45' Elbow ® �o l.yuf'..'tJ� 16 Dollars S .7- $ Cents leach 21. 11 Each Plue Exist Main Dollars T 26^fl Cents Each 22. 1 Each 8" x 12" x 12' x 8' Cross and 2 - 8' Gate Valves. 2- 12' Gate Valves with 2- 12' x 8' Reduccrs ® Dollars C $ R.004. � S 8 Cents F-Acl C-3s CASH CONTRACT 907 Item Estimated he,n v+ith unit price Unit Extended No. Quantity Written in words Price Amount 23. 4 Each 2' Water Service with 2' Meter To /1�edsA•++d' Dollars $ �,DOO. $ DOD. Cents Eac 24. 1 Each 6' PVC Connection to 6" AC rf�l'�Cd' 5 LIP rrC Dollars "&- Cents Each 25. 4 Each 8" PVC Connection/to 8' AC Dollars C� Cents Each 26_ 2 Each 8- PVC Connection to 6" Cast IT .n ® Dollars S ��' $14 $ Cents Each 27. 2 Each 8' PVC Connection to 8- Cast Iron Se+�.•� Dollars $ 7Q0.� $ /0`t�. Cents Each 28. 26 Each New Meter Box for 3;4" Meter and Adjust to Grade _ Dollars $ $ --� Cents Each 29. 3 Each New deter Box for I" Meter and Adjust to Grade TWD $ �. Dollars Cents Each C-4s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 30_ 1 Each New Meter Box for 2' Meter and Adjust to Grade 4� Dollars ` S 00,e S Cents Each 31. 2 Eerh 8- PVC Conuecti/ou to 6" AC 0. Dollars $ $ Cents Each 32_ 9 Each .Adjust Gate Valve Cover to Grade Q fA: '+ &K Dollars S a00. $ �� -49- Cents Each 33. 3.874 8- Extra Strength VCP L_ F_ ® A-e 2�iv Dollars $ [ DS $ A/Olt' ,710C --6— Cents Per L. F. =4. $ 10" Extra Strength VCP L_ F. @ Gar '15v013ollars S Cents Per L_ F. 35. 2.178 4' VCP Lateral L F. @ � e- SX Dollars s $ $ -� Cents Per L.F. 36. 2 Each Sewer Clean -Out 4-e- � � � ® Dollars 5 J ��• S �� 000 `$- Cents Each 37_ 5 Each Core Drill Existine Manhole ® Dollars $ S 506 . Each C-5s CASH CONTRACT 907 Item Estimated Item with unit price knit Extended No. Quantity written in words Price Amount 38. 2 Each Manhole S[X� DGb. C Cents Each 39. 1 Each Drop Manhole � r;t// lee&A © fV•'&1aAJ Dollars Cents Each 40, 14 Each Adjust Sewer Manhole to Grade Dollars $ � S Cents Each 41. LS Fill Manhole with Concrete; Reform Base; Plug Outlet � Dollars LS $ 3. ow. $ 3. �Od• Cents Lump Sum 42. LS Abandon Existing Sewer �dG ® Dollars '�- Cents Lump Sum 43. LS Modify O.C.S.D. Manhole C@ _,oc�-s*" 71—zDollars S qooxC $ y,oco,� '11� Cents Lump Sum 44_ 18 Each Remodel Existing Sewer (� s� �� Dollars $ GSQ� $ -&- Cents Each 45. 2,845 L.F_ Remove Existing Sewer [_fines 71.."cc Dollars $ T Cullts per L_F. C-6s CASH CONTRACT 907 Item No. Estimated Quantity item with unit price written in words Unit Price Extended Amount 46. LS Traffic Control ® f-.`IGtawsc.-vJ Doiiars S /67000 L $ lzooae Z&=L--9 Cents Lump Sum TOTAL AMOUNT BID Ili FIGURES: S01 TOTAL AMOUNT BID IN WORDS: O"e- ONE -rfi•✓rain e-.e-f s."Jc�o✓� ,� /�o..s �- C-7s CASH CONTRACT 907 BID SCHEDULES • ,L PROJECT BID SCHEDULE CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. LS Mobilization (D Sever f'>�a,s..�J Dollars 00 -7 da Cents Per Lutnp Slue '-. 25,305 Remove existing AC. AB and,'or subgrade as SF required ® ov`e- Dollars $ t•�p W $ Cents Per 9quaie Foot 3- 25,305 Construct P.C_C_ pavement section per typical SF Section "A" Q r r Dollars $ y+"4 Cents Per Square Foot 4_ 181 LF Remove existing curb and gutter Dollars 6A:!!0 Cents Per Linear Foot 5. 1310 SF Construct driveway per City of Huntington B:,ach Std. Plan 211 FArc e Q+ _ , , . __-- Dollars °p $ 3• - � 34. c 4&::t2 Cents Per square Foot 6_ 105 LF Construct curb & gutter per City of Huntington Beach Sid. Plan 202 L Dollars S 20. ` $ Cents Per Linear Foot C-Is CASH CONTRACT 850 Item Estimated Item WI 11 Unit price Unit Price Extended i\T0. QwnSlly written in words Arllount 7_ 29 EA Remove existing concretefilledpipes 0a a ��x Dollars ® $ Cents Per Each 8. 1 EA Remove existing tree �] f} � G �4+.wcf'�ed� Dollars � ,�, _! � sao � $ -� cCIlls Per Each 9_ 34 Ton Curutruct full depth A.C. 8- thick Dollars $ 3 WO. y Cents Per Ton 10_ 103 LF Construct 10' retaining curb p_r typical Section B DollarsCents Per- Per Linear Foot l 1 618 LF Remove existing 8' VCP sewer and laterals 7Xgrt-2 Dollars 3 so Cents Per Linear Foot 12. 616 LF Construct 8' VCP per City of Huntington Beach Std. Plan 502 ® OAC Dollars Cents Per Linear foot 13. 44 EA Construct sewer lateral per City of Huntington Beach Std_ Plan 507 , ��JJ �-- ® P /re %J d'_ r,Y"_ .! _Dollars 5 SSA $ �` CCnts Per Each C-2s CASH CONTRACT 850 Item Estuuated ltcm with unit price Unit Price Extended NO_ Quantity written in words � Amount 14. 2 EA Remove existing sewer clean -out Dollars $ SOS 5 5W �— Cents Per Each 15. 2 EA Construct sewer cIu u-uut per City of Huntington Beach Sid. Plan 508 Dollars Cents Per Each 16- l EA Mod -IN existing sewer, drop manhole per City of Huntington Beach Sid. Plan 5066� �y �+►s�-�` lti-�+*�os!' Dollars S �D $ ODo& Cents PerEach IT 1 EA Connect sewer pipeline to existing, drop ntanitolc @ ' Dollars $ 700.E $ 700. �! Cents Per Each 18, 4 EA Ad3ust water valve box to grade per City of Huntin�cton Beach Sid. Plan 612 00. Dollars $ -2 �- Cents Per Each 19. 22 EA Construct 314' meter box (for traffic use) per City of Huntington Beach Sid -Plan 601 and adjust to grade km Dollars Cents (Per Unit} Gas CASH CONTRACT 850 Item Estiniated Item with unit price Unit Price . Extended No- Quantity .Written in words Ajvouut 20- 4 EA Construct I" meter box (for traffic use) per Citv of Huntington Beach Sid. Plan 602 and adjust to gradcY $ .� 6-0. S4, 620- CrD� -,4Dollars "�- Cents {Per Unit} 21. 3 EA Remove existing valve box and construct new valve box per City of Huntington Beach Sid. Plan 612 [-- Dollars '$- Cents Per Each 22. 842 LF Remove cxis6ag water pipeline and appurtenances. See plans for pipe size and rlpt - Dollars -40- Cents P:r Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 water pipeline H Dollars $ Cents Per Linear Foot 24. 537 LF Coas ruct 6" PVC C900 Class 150 water pipeline ® N Dollars S 90. $ �i 330.E '3Q= Cents Per Linear foot 25. 2 EA Construct new 6" gale valVe per City of Huntington Beach Sid. Plan 611 & 614 ®s Dollars $ Gam' S 0a ->9— Cents Pcr Each C-4s CASH CONTRACT 950 Item Estimated hens with utut price Unit Price Extended Nb. Quantity uTitren in words i Amount 26. l EA Connect 6" P.V.C_ pipe to existing 6` A.C.P. with ductile iron adapter per City of H.A. standard plan 614 $ 504.E $ SDO. ® _��✓e- Dollars Cents Per Each 27. 20 EA Construct 1' water service w/ 3/4" meter per City gut angtap Bea Std Ian 601 @ ,«.,...� Dollars ra--- Cents Per Each 28. 4 EA Construct l" water service w/1" meter Per City of Huntineton Beach Sid. Plan 602 Al,,,g a Dollars S 9t g 3; to00. Cents Per Each 29. 5 EA Construct 2" water sen-ice w/2" meter Per City of Huntineton Beach Sid. Plan 603E Q .e ollars S S� S Cents Per Each 30. 1 EA Connect 6" PVC C900 to existine 12" ACP ` wih 12'xl2'x6�tee I'rC ,hs.� o+-.��/ Dollars $ SOG10 g s �^ Cents Per Each 31. 1 EA Rtmove existing 4" gate valve 9 �G H .. - Dollars 100.E S S Cents Per Each C-5s CASH CONTRACT 850 Itcuh Esdrrhated Item with unit price Unit Price Extended N,0. Quantin� written in wordsAmount 32. 2 EA Connect 6` PVC to existing 6' rate valve with ductile iron adaptor Dollars r, ~� Cents Per Each 33.20 LF Bore 6" PVC C900 under cxisting drivcµay 17e Ve PG�e��c� ® C;e Id40 er Dollars +i-e F& 4 Cents 5 Per Linear Foot 34. l LS Traffic control f ® ri^ r u o -v4L Dollars $ Cents Per Lump Sum 11 TOTAL AMOUNT BID Vq FIGURES: $ 0 a y31, o2g. —11 TOTAL AMOUNT BID IN WORDS: ov r h 0 N,) r tj -0) -4-CA o ,\.— (,.N d n.1,6 G Q. [" +S - C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who "ill perforin work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class Pew r ''tcw 5,:� ti� DPct/.s 02 yo2 Ts'9Y 7-.%s4-0-11 ((II r fOa n� i I By submission of this proposal, the Bidder certifies: C-4 1'. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY «will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Thomas S. Pack bein�gg first duly sworn, deposes and says that he or she is VICE PRESIDENT & SECRETARY of SHWVITV1 N Corporation the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or share bid. SHAWHAN C©nPORATION 12240 SO. WOODRUFF AVE. DOWNEY, CA 90241 Name of Bidder ,Tbomas-S. Pack tgnature of HiddtrThnmmc S. PacK; inoe Pres. &Sec. 12240 S. WOODRUFF AVE. DOWNEY, CALIF. 90241 ress or bracer Subscribed and sworn to before me this day of 19 7q . Zj NOTARY PUBLICSEE ATTACHM SEE ATTACHED NOTARY SEAL C-4 f- ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles before me, TACY L. JALAJ0;jN, i�:i.J InRY rUol_�� Date tame, Title of Officer - e.g. "Jane Doe, :Votary Public" personally appeared Thomas S. Pack We Pme. A Sac. Names(%) ofSigner(s) personally known to me or proved 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 on behalf of which the person(s) acted, executed the instrument. Witness my band and official seal, A STACY L. JACKSON COMM. 0982348 •'•s NOTARY PUBLIC - CALIFORNIA M LOS ANGELES CouNry r i y�vy� MY Caaaa. Eapltai JWL 10. 1n7 Signs u e of Notary 1_�d ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER P40NCOLLUSION AFFIDAVIT Date of Document Individual(S) —Partner(s) _?►ttorney-in-Fact 4Corporate Other Officer(s) Title(%) SIGNER IS REPRESENTING: ;Name of persons or entity(ies) SHAMAN Corporation UTILITY AGREEMENT HONORABLE MAYOR AND CITY COL�CIL CITY OF HL"tiTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (h(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700. as follows: "Qualified Person": A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requir,rn jWAVh&gd&L9f;DnAYI0M 12240 SO. WOODRUFF AVE. qQ941 4ontractor //Thomas S. Pack Y Date: AUG 111994 Thomas S. Pack, !lice Prw. & Sec. Title W. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. SHAMAN Corporation C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: l am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perforWAAWAIIA ve&&f`+hcflwt. 12240 SO. WOODRUFF AVE. F Contractor /Thunkis S. Pack By Date: 'AUG 111994 Thomas S. Padr, Moa Pros. & 8C. Title C-8 r UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service .Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: SHAWMAN CORPORATION 12240 SO. WOODRUFF AVE. t✓ontra r /ThOmas S. Pack L: AUG 111994 Date: Thomas S. Pack, VAoe Pres. & Sec. it e Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may, be obtained from the AGF_NCY upon request. C-9 BIDDER'S INFORNIATION BIDDER certifies that the following information is true and correct: SHAMAN Corporation Bidder Name 12240 S. WOODRUFF AVE. r)n%A/ITV r`n! IF Q()9A1 usiness Address (310) 803-1481 Telephone Number State Contractor's License No. and Class 'July 10,1981 Original ate Isstied . 7- 31-95 Expiration Date The work site was inspected by Thomas S. Pack of our office on AUG 111994 19_ The following are persons. firms, and corporations having a principal interest in this proposal: SHAMAN Corporation JOHN A. SMITH, PRESIDENT Thomas S. Pack Vice Pree. & Sec. C-10 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth: SHAWNAN Corporation Thomas -S. Pack rgr.ature 'of BiYder - - Thomas S. Pack, Vice Pros. & Sec. Printed or Typed Signaiurel2240 S. WOODRUFF AVE. DOWNEY, CA, IF. _ 90241 Address of Bidder _ (310) 803-1481 Telephone Number Subscribed and sworn to before me this 1I day off_ , 19,714 NOTARY PUBLIC SEE ATTACHM GEE ATTAC HW NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar wort: within the past two years: 1. = ATTACHED Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. :- AITACKED Name and Address 0 Name and "Telephone No. of Project Manager: Contract Amount Type of 'Work Date Completed SEE ATTACHM Name and .Address Name and Telephone No. of Project Manager:_ Contract Amount Type of Workate Compiete C-11 1 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On nf11 9Y before me, kA Y L. JAC.'i\JViNo 1'"J_ iARY PUbLi� Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared Thomas S. Padr. !l M PM. A SOC. N2me3(s) of Signers) personally known to me or proved 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 we that he/shelthey executed the same in bisiber/their authorized capacity(ies), and that by bis/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, _ STACY L. JACKSON =� COMM. #982348 NOTARY PUSIX - CALIFORNIA • LOS AMOEl F COUNTY Nl Cot = Exom ,Ian. t0, 7097 Sign4rje of votary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) Corporate Officer(s) Title{s] SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) _Other SHAMAN Corporation Attorney -in -Fact SHAVVNAN CO"ORATION 12240 Woodruff Avenue, Downey, CA 90241 Fax (310) 803-6025 Office M O ) 803-1481 CURRENT MAJOR PROJECTS Owner_/ Agency - Job Description Port of Los Angeles - Berths 90-96 City of Brea - Widening of Imperial Hwy. City of Irvine - Main St. Widening Contract Amount $1,064,981.00 $6,817,767.00 $5,320,330.00 Engineering Contractors Slate license #408809A Anticipated Completion Date 1/94 5/94 6/94 SHAWNAN Corporation �wHAN COKPOKATION Engineering Contractors 12240 Woodruff Avenue, Downey, CA 90241 Fax 1370) 803-6025 Office (310) 803-1481 Stale license #408809A :..TA71'l!4EtJT or rxPrim.'NCr 1) OWHE11/A(:rNC:Y: CITY OF BREA ADDRESS: OUE CIVIC CENTER C1RCI-r CITY & STATE: AREA, CA 92621 P11ONF. NUMBER: (714) 990-7681 CONTACT NAME: SAM 1'ETF.RSON rno- cr TiOCA'I'IUN: IMPFRIAL HIGHWAY TYPP. OF PROJE(T: STREEll RrCOHSTRUCTION PROJECT AMOUNT: $6,817,767.00 2) 0WHV1?/AGENCY: CITY OF MINE AT) t)RrSS: OIIF CIVIC CENTER Pl..A7,A CITY & STATE: IIZVT111?, CA 927I3 PHONE NUMBER- (714) 724-7553 CONTACT NAME: DAVE MOR.I PROJPC'L' LOCATION: MA111 STREET - 55 FWY TO SAN 1)II'(:0 C)tF1-:K TYPE OF PIZOJECI': S'L'llt?F"I' WIU1:1j1 tJG & lu-Col-Is•1.1ti1C:•1• I oll PROJECT AMOUNT: $5, 320, 330.00 3) OWNER/AGF;NCY : CJ TY OF PARAMOUN•1' Al DRiKSS: 16400 COWHADO AVDJUE CITY & STATE: PARAMOUNT, CA 9U723 PHONE NUMBER: (310) 220-7.020 CONTACT' NAME: 131 LL PAUGE'l'T• PROJECT I)CA'I'1.ON: ROSECRANS AVENUE - DOWNEY TO (;A121'II?I,U TYPE OF I'RO.TrCr: .5,11REFT RECONSTRUC'I'JON 11ROJECI' AMOTIN'1': S9()0, ()()0. 00 �) OWNmt/AGrNCY: CITY or LA Vr1ZNF•./RKA 1;11GIIJEERS AI)URF,SS: 3660 "I)" STREET CITY & STATE•.: 1,A VrRt+C, CA 91750-3599 PIIOMP NUM11rn! (818) 331.-832.3 CONTACT NAME: DOMINIC MILANO PRO,7FCT IrOCA'TJON: ARROW 11IG11WAY CITY 1,TMITS TYPE OF I'ROJrCI': S'1'RI M, RECONSTRUCI•IOU PROJECT' AMOUNT: $1,IO2,590.00 5) OWNRIt/AGENCY: PORT OF LOS ANGGI..r,' ADDRESS: 42.5 S. PALOS VERDFS STREFT CITY & STATr: SAt1 PEDRO, CA 90733-0151 PITONN NUA11111: (310) 732-3598 CON'TACr NAME: JOIIN WALKER PRO.7FCT TIOCAT'TON: REAR I3F:RTH 127-131 TYPF: OF PROJF(71': 13ACKLANI) COUSTRUCTION PROJECT AMOUNT: $2 , 919 , 000 . 00 G) OWN1•:R/AGF!1CY: AI)1)RF.SS : CITY & STATE! T'110NF. NUMUFR: CONTAC1' NAME: Pl1O:1 FCC LOCATION: 'l'YPR OF PR0:1F('I'_ I'RO:I FCl' AMOUNT : CITY OF INGLCWOOI) ONF: MAtIC11ESTER nl.Vl). J11G1..1•;WOOU, CA 90303 (31.0) 412-5333 SAL MAGI3AGO 16 VARIOUS LOCATIONS TIT?A'1•T?I1 tZr•.M1TX/OVrrtI.AY $294 , 5313 . 00 SHAWNAN Corporation aL G L J SHAWNAN CORPORATION 12240 Woodruff iAvenue. Down/ey. CA 90241 L /�u ti 41, /VOti L�c1� S -ALED BMD ��1ave,�� PROJECT: �� w,.+IO � O l � ow of D l � ow �. tEt Z i yUG [ J sz Pay 'S� ter. L J � r-1 d a GENERAL BID PACKAGE for the TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, CC-907 AND CC-850 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTLNGTON BENCH, CALIFORNIA 92648 BIDS DUE: August 23, 1994 2:00 P.M., 2ND FLOOR - City Clerk's Office $33.00 NON-REFUNDABLE_ GrNFRAL HIT) NOTE: If there are any questions relatii-e to this project, please call Larr3• Tarre at: CITY OF HL`NTLNGTON BEACH DEPARTINIEtiT OF PUBLIC WORKS 2000 INIAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE LNIVITING SEALED BIDS ............................... A-1 SECTION B INSTRUCTIONS TO BIDDERS ................................. B-1 l . Proposal Forms ....................................... B-1 2. Proposal Guarantee .................................... B-1 3. Proposal Signature ......... I ........................... 13-1 4. Delivery of Proposal ................................... B-2 5. Return of Proposal Guarantee .............................. B-2 6.Taxes.............................................B-2 7. Disqualifications of Bidders ............................... B-2 8. Contractor's License Requirement ........................... B-2 - 9. References .......................................... B-3 10. Listing of Subcontractors ................................ B-3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract .................................... B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract .................................. B-4 17. Submission of Bonds and Insurance ......................... . B-4 18. Addenda ........................................ .. B-5 19. General Bid Table .......... ......................... B-5 20. Construction Management ............................... B-5 8 T i- w SECTION C PROPOSAL........................................C-1,2 General Bid Table ..................... . . . . .... .... . . .... C-3 Bid Schedule (Town Lot, CC-907) ........................ C-Is - C-7s Bid Schedule (Old Town, CC-850) ........................ C-1 s - C-6s List of Subcontractors .................................... C-4 Utility Agreement ....................................... C-6 Disqualification Questionnaire ................ . ....... ....... . C-7 Compensation Insurance Certification ........................... C-8 Underground Service Alert - I.D. Number ........................ C-9 Bidder's Information ..... ...................... .... ... C-10,11 SECTION D Sample Contract .......................................... . T SECTION A NOTICE INVITING SEALED BIDS for Elie TOWN LOT/OLD TO'V%rN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUTNTLNGTON BEACH, as AGENCY. invites sealed bids for the above -stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648. up to the }tour of 2:00 P.M. on August 23, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available form the Office of the Director of Public Works_ 2000 Main Street. Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a S40.00 non refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The -AGENCY will deduct a 10 % retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 % of the Total Amount Bid. e r A The successful bidder shall be licensed In accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18 day of May, 1994. Attest: BrockwayConnie A-2 r SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL F_ORAIS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street. Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10 0 of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. M Id r + 4. DELIVERY OF PROPOSA Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for TOWN LOTIOLD TOWN ALLEY BIPROVEMENTS,(CC-907 & 850) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. RETURN OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No -mention shall be made in the proposal of Sales Tax, Use Tax or any other tax. as all amounts bid will be deemed and held to include any such takes which may be applicable. 7. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REQUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. REFEREN All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISTING OF SUBCONTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. AISCR)E�PANCIES AIlTD 1tlISLT'DERSTAI\TDI\GS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. EOLTIVALENT MATERIALS Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a vx,ritten response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance «with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum a r' • pr«ading per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. AIVARD OF CONTRACT The award of contract. if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to Like the bids under advisement for a maximum period of 60 days. in no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. MATERIAL GUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. tXECUTION OF CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract. the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBMISSION OF BONDS AND INSURANCE The successful bidder wIII be required to furnish the necessary bonds and insurance to the B-4 AGENCY within 10 %\orking days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidders insurance company, naming the AGENCY as an additional insured. 18. ADDENDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. GE'V`ERAL BID TABLE The bidder shall complete each individual bid schedule. The Amount Bid, in figures for each schedule, shall be copied to the General Bid Table, on the following page, and placed in its appropriate location. When the General Bid Table is completed, the bidder shall sum the Amount Bid column to determine the Total Amount Bid for both schedules. This Total Amount Bid will be used for the basis of award. 20. CONSTRUCTION MANAGEMENT The Contractor to whom the award is made, shall adhere to the Construction Schedule as herein provided. However. the Contractor may propose a new schedule for re.•iew by the AGENCY. If found acceptable, the AGENCY will issue a written statement of approval to the Contractor. Both alley projects shall be managed, constructed, and accounted for as individual projects adhering to all conditions and requirements as set forth by each respective project specification. MR SECTION C PROPOSAL for the TOWN LOT/OLD TO«"N ALLEY IMPROWMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTLNGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supen.-Ision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the follo%wing prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, C-1 the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 14t js goYJ in the amount of S O Which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond". as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dale Received Bidder's Simature zz13 C--) BID SCHEDULE C.C. No. PROJECT NA1NIE AMOUNT BID C-Is ' C-7s 907 TOWN LOT ALLEY C-is ! C-6s 850 OLD TOWNI ALLEY TOTAL AMOUNT BID: TOTAL AMOUNT BID IN WORDS: C-3 GENERAL BID TABLE BID SCHEDULES The undersigned are prepared to satisfy the Council of the City of Huntington Beach�of their .1 ability, financially or otherwise, to perform the contract for tlIe proposed work and improvements in accordance %vith the plans and specifications set forth. s3m 1 O Co vas �.r Ack tan ra A'AC• - Company Naine = . �.SIJt n of Bidder SCA�Jke4- Printed or I yped Signature _Q p . Q ax iotib tlVl o nt o.r to , CA2 101 r] Address of Bidder Subscribed and s NOTARY PUBL Bb5 5 20 Telephone Number 4.WQomfA- semary Tomljenovic; me this ay Of LISr 19A1CR mPUBLCf �CAIFORN OS AN(iELES Eipirss June 3. IM UWAM NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: t- 1. Ste, io.� ��S�r'►t�5 aT L.OS eow. Name aJ Address Ic1SS dM:\� Rok, Wn] A\-r CA• 90(00+ Name and Telephone No. of Project Manager: Cz—'�4 W cl 31 o) (03 8— 1 (o I * a,"700, 00o Se.,,Jzr /Q,/93 ConLracl Amo nt Types ork Date'Comp eo ?. L.A. C.": tJe�-�, ij� 3. S Name and Address LI t-, U ill h�---bcp•- r CAR 9 E fioz — t 4 b t7 Name and Telephone No. of Project Manager: r b5 _3 l o -1 9, ZOO. 0 0 O l]rai;" s 1 6 lq4 ntract Amount ype o ompie N Name at(d Address k?nm-� " CIO Ct k, N-%,II 1-05 i,•3e ks CA • 9 oot-I— Name and 'telephone No. of Project Manager: a.t g-' 3 7Z 1 00 oo a st"PL4- (7oritract Atnount Type of Work Date Completed C-1l PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 1- L-S- Clearin_ and Grubbing 1y` Tff�c�_s�� Ls 14/f Dollars $ < V,:::;, CcntS Lump Sum ?. E917 l.nclassitied Excavation 400 C.Y � �iX 7�' Dollars $ 2� $ ,C/O Cents Per C.Y. 3. 1.654 PCC pavetuent T y✓E�! )- �2 r C.Y Marl W,E17s�v�✓ {+ Dollars S -�, S 3 6S 6�0 Cents Pcr C.Y. 4. 40 `tons Deeplift asphalt Dollars $ S Z�'0 IV0 Cents Per Ton 5. 5,596 PCC alley approach S.F. Dollars $ • eD @ , Cents Pcr S.F. 6. 1,796 PCC Sidewalk S.F. Z' 00 -:�5'57Z' Q Dollars $ S Cents P--r S-F. 7. 169 PCC Curb and Gutter L- F- Dollars $ � 5 Cents Per L-F. C-Is CASH CONTRACT 907 Rent Estimated Item with unit price knit Extended No. Quantity written in words Price Amount 8. 164 8' Narrow Trench Drain L.F. � ,�✓��TY Dollars r S-fin 0 0 -� S NO _ Cents Per L_F_ 9. LS Trench Shoring ® 7K,�, f C TT- y�cN DoLlar LS A -AO Cents N� Nd rY S 1,V Lump Sum 10. 6 Each Remove Fire Hydrant Assembly @T�'�EE�y/�,a,� Dollars Sc $ 180D l7 Cents Each 11. 7 Each Fire Hydrant Assembly Dollars 5 S+ �O Cents Each 12_ 3.580 8' PVC, Class 200 L. F. ®yr T'�.� Dollars S S S3 Cents Per L-F. 13. '6 6" PVC, Class 200 L.F. S I/0 S � Dollars !v Cents Per L.F. 14. 14 Each 8' Gate Valves ® 1 �✓0-,c6 Dollars S-!5-qo_ S � W Cents Each 15_ 1 Each 8' x 8" x 8" Tee 1a,'VOWC-9 Dollars S Cents Each C-2s CASH CONTRACT 907 0 Item Estimated Item with unit price Unit Extended No. Quantitv written in words Price .Amount 16. 112 Each 1' Water Service with 314" Meter f0'4f tyUAIMEP f"Ti Dollars Ae-le'? Cents Each 17. 29 Each 1" Water Service with 1" Meier d,�/ /49! A SOAR D f, ! Dollars $ s,15��7 4Y Cents Each 18. 1 Each 8" x 12- x 12' Tee with 2-12" Gate Valves and 12" x 8' Reducers C -4'Z rf'A6Z? .�.E'/ t�l� Dollars �� S ?02— 2 . S 3ZOo r ZV"e7 Cents Each 19. 1 Each 6' Hot Tap and 6" Gate Valve Dollars $ Cents Each 20. 10 Each 8" - 45' Elbow 7�'✓E�VT3r 761lO l!z/i✓OiPff% ABIZ Dollars $ -Z $ Cents Each 21. 11 Each PIuB Exist Main Oz 00 Dollars $ 5 IVQ Cents Each 22 1 Each 8" x 12" x 12" x 8" Cross and 2 - 8" Gate Valves. 2- 12' Gate Valves with 2- 12" x 8" Reducers ��Dollars t O Cents Each C-3s CASH CONTRACT 907 f liem Estimated Item with unit price Unit. Extended No. Quantity written in words Price Amount 23. 4 Each 2' Water Service with 2" hitter Dullats S //L/0 Cents Each 24. 1 Each 6" PVC Connection to 6" AC Dollars S - S A/0 Cents Each 25. 4 Each 8" PVC Connection to 8' AC c5/•� �Ao,e! d Dollars Cents Each 36- 2 Each 8" PVC Connection to 6' Cast Iron V4C AlI IVOi� Dollars 5 Od $ �D00 Cents Each 27. 2 Each 8" PVC Connection to 8" Cast Iron @ c5ly �l�/��iE�� Dollars $ ZZ DD S X200 Cents Each 28_ 26 Each N-w Meter Box for 3W M.-ter and Adjust to _ Grade D,Y/E t i�AIVIFLID Dollars 5 " d / Cents Each 29- 3 Each New hitter Box for 1" Meter and Adjust to Grade OXItf Nc1ED�/f'rY Dollars A/O Cents Each C-4s CASH CONTRACT 907 Rent Estimated Item with unit price knit Extended No. Quantity written in words Price Amount 30. 1 Each New Meter Box for 2" Meter and Adjust to Glade I /mod Cents Each 31. 2 Each 8' PVC Connection to 6" AC �^g Z"iC/ /A�i(�Dollars / $ � �P�0—�VO Cents Each 32_ 9 Each Adjust Gate Valve Cover to Grad: Dollars $ Cents Each 33. 3,874 8- Extra Strength VCP ® Dollars $ � _Z=8,910 $ —��— /Vy Cents Per L.F. 34. 8 10" Extra Strength VCP L-F Si.VTr d Dollars S- S �_ S Zd- /S/O Cents Per L.F. 35- 2,178 4" VCP Lateral L F- ��L1��Tr Dollars $ ;70 $ Zv0 If Cents Per L.F. ,6. 2 Each Sewer Clean -Out ® Q,<IC 7_110k/Si, A69 Dollars ffv Cents Each 37. 5 Each Core Drill Existine Manhole a / 411— ��!'��/7f� Dollars 0 $ 0 ` p Cent_S Each C-5s CASH CONTRACT 907 Item Estimated Item %%ith unit price Unit Extended No. Quantity written in words Price Amount 38. 2 Each It4arillole �GUf/l�yf'i!/.�f�if/�it��llars S ! $ ' D CCnI5 Each 39 11 Each Drop MaUhOle l/F ; x7y4 .. Dollars � $ —!54"� zvd Cents Each 40. 14 Each .Adjust Sewer Manhole to Grade U -4'Vd9 Dollars 5 $ Z�O� Cents Each 41. LS Fill Manhole with Concrete; RC orni Base; Plug Outlet rU�� LS 40 S 7 ®� Dollars S Cents Lump Sum 42- LS Abandon Existing S.:w.-r T�llS�AIO Dollars //, S C��0 S AIM l�y Cents Lump Sum 43. LS Modif - O.C.S.D. Manhole Dollars S a5 -4f�lo S �d2._._ A1D Cents Luntp Surn 44. 18 Each Remodel Existine Seger Dollars $ S ��(p 00 --- Cents Each 45- 2.845 L. F_ Remove Existing Seger Lin_s 2r-1.10 Dollars S Z• 00 S v5-6 Ab �� Cents per L_F_ C-6s CASK CONTRACT 907 Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 46. LS Traffic Control Z� VZL' 9,ti1 Dollars S ev �g 5 Cents Lump Sum TOTAL AMOUNT BID LN FIGURES: 1 $ TOTAL AMOUNT BID IN WORDS: C-7s CASH CONTRACT 907 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount I. LS Mobilization "P`vf fl Dollars ® `�, Cents Prr Lump Sum 2. 25,305 Remove existine AC, AB and?or subgrade as SF required ® �� Dollars $ Z Oy $ /D Ceuts Per Square Font i. 25.305 Construct P.C.C. pavement sc:tiGu prr typical SF Section 'A' 1if�� Dollars $ 3' 4 O S J� O �/XTyr Cents Per Square Foot A. 181 LF Remove existing curb and gutter �Gcly a Dollars / W Cents Per Linear Foot 5- La4o'Sf Construct driveway per City of Huntin1-Tton Beach Std- Plan 211 f7loz Dollars S Cyr�U� $ y Cents Per square Foot 6. 105 LF Contruct curb &, gutter per City of Huntint*ton Bach Std. Plan 202 d / 040( �� ._.._ ._� Dollars S S /470 O Cents Per Linear Foot C-1 s CASH CONTRACT 850 Item Estimatcd Item with unit Pricc Utiit Prise Extended No. Quantity written in words Amount 7- 29 EA Remove existing concrete filled Pipes Dollars Cents Per Each S_ 1 EA Remove existine tree Ii•/O AL1Nd�AFD ��f (� Dollars f /� _ �l1 . Cents Per Each 9. 34 Ton Construct full depth A.C. 8" tluck a rr Dollars Cents Per Ton 10- 103 LF Construct 10" retainin! curb per typical Section 13 �l f Dollars Cents Per Linear Foot 11. 618 LF Remove cxistinc 8" VCP sewer and laterals Dollars $ Z OD S lz ` Cents Per Linear Foot 12_ 616 LF Cort_Struct 8" VCP per City of Huntington Beach Sid. Plan 502 p S� T r /e7/ Dollars Cents Per Linear fix}t 13. 44 EA Construct sewer lateral per City of Huntington Beach Sid. Plan 507 cif%Y ✓�/L,�L/��fL Dollars S S� 5 t Zz IV62 Cents Per Each C-2s CASH CONTRACT 850 lteul E`.timalcd Iteiu with unit price Unit Price Extcnded No_ Quantity written in words Aniount 14. 2 EA Remove existino sewer clean -out Ca �iC14C cDollars �Yv Cents Per Each 15- 2 Ea Construct serer clean -out per City of Hunting -non Beach Sid. Plan 508 �`lY` ��"�/�/�✓ _ Dollars $ Cetus Per Each 16- 1 EA Modify existing sewer. drop manhole per Cite of Huntington Beach Sid. Plan 506 �/7� % ! /I Arlgol lays LL $ Cents Per Each 17 1 EA Connect sewer pipeline to existing drop manhole Lam` /n L,,121VI�^ Z�0_,6LI l ollars / 9'420d $ AnQ Q Cents Per Each 18. 4 EA adjust water valve box to grade per City of Huntington Beach Sid. PW1 612 cry 991� M�1AXOI Dollars $ Nd Cents Per Each 19. 77 EA Construct 314' ntcter box (for traffic use) per City of Huntington Beach Std.Plan 601 and adjust to g/raCde �7 �/ `- ��`y�� Dollars 1A/D Cents �Pcr Unit) C-3s CASH CONTRACT 850 licni Estilnatcd Bain �ith unit price Unit PricC Extended No Quantity written in words Amount 20_ 4 EA Construct I' meter box (for traffic use) per City of Huntington Beach Sid. Plan 602 and adjust to grade ,,/ n ® ��W1$ew (/ Dollars � ©O Cents jPer Unit) 21- ? EA Remove existiriv valve box and construct new "alive box per City of Huntington Beach Sid. Plan 6] (2eyy? ��l��fW Dollars Dv $3D4 VD Cents Per Each 22. 842 LF Remove existing water pip. -line and appurtenances. See plans for pipe size and type. /I/ry ya k Dollars Cents Pcr Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 water pipeline Dollars 5 �`-3 S _ Cents Per Linear Fact 24. 537 LF Construct 6' PVC C900 Class 150 water pipeline Dollars a �3 S ZI/y Cents Per Linear foot 25. 2 EA Construct new 6- gatc valve per City of Huntington Beach Sid. Plan 612 & 614 .Du ��! D rs S �Q $ !ry Cants Pcr EeLh C-4s CASH CONTRACT 850 ]tout E]tl]ttclted henl witlt unit price Unii Pri.:e Extended N0 Quantity written in words .Amount 26. 1 EA Connect 6" P.V-C. pipe to existing 6- A.C.P. with ductile iron adapter per City of H.$_ standard plan 614 Dollars Cents Per Each 27. 20 EA Construct 1' watcr service wi 3;.4' meter per Cit}- of Hunt.in *ton �Bee�-- c Std_ Platt 601 "pll.P IYJJWG" F/y%)jonus �O Cents Per Each 28. 4 EA Construct 1" water service w/l' meter Per City of Huntington Beach Std. Plan 602 7G(/�/V7"Y z/!/��L!/tQ,/Q,�, � S� �J/n� $ C� 2 @ .E,!_!�?ollars w Cents Per Each 29. 5 EA Construct 2' water service w.12" meter Per City of Huntington Beach Std. Plan 60_B @ L<e) Dollars $ U Cents Per Each 30. 1 EA Connect 6" PVC C900 to cxistiuu 12" ACP - with 12'xl2-x6- tee ® 77irly 0ljar s $ S zL?7a Cents Per Each 31 _ 1 EA Remove existing 4' eate valve ©� Dollars S 022 Cents Per Each C-5s CASH CONTRACT 850 ILum Estimated item %ith unit price Unit PIice Extended No. Quantity written in words Amount 32. 2 EA Connect 6" PVC to existing 6' gate valve with ductile iron adaptor Dollars $ Cents Per Each 20 I_F Bore 6' PVC C900 under exictin_ driveway s y l n Cents 4s A' Per Linear Foot 34. 1 LS Traffic control bZ-49 0 $ Cents Per Lump Sutra I� TOTAL AMOUNT BID IN FIGURES: I $ / SZDI TOTAL ANIOU`'T BID Lti WORDS: d/ ,,C A11/LL/oN / v� Y,1,ti.P,F,P 7-40? • X7- y C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who xvi-11 perform work- or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion ?fame of Subcontractor and Address Scare License Class of Work I I Nuntber t0-37. Sa 16-37- �+1�4j:cti. os., x..c-. tZ86 E. , S+. A141, C gtt+o SZ6'70 Wp-t�� By submission of this proposal, the Bidder certifies: C-4 1. That he is able to and will perform the balance of all work %vhich is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-S UTILITY AGREEMENT IIO\ORABLE MAYOR AND CITY COLTNCIL CITY OF HL'NiTLNGTO\ BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract. (1)(we)(it) will employ and utilize only qualified persons. as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person": A person who, by reason of erperience or instruction, is familiar tvirh the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date. Steve &k6A�o Coy�S�r�c�t o�n �tnc• Contractor y Title C-6 M DISQUALIFICATION QLTESTIONNAME In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the folloN� ing questionnaire. QUESTIOtiNAIRE Has the Bidder, anv officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified. removed or otherwise prevented from bidding on or completing a Federal. State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE; This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the follo%ing certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Date: A,, 4 Z Y Sle,y-e— Contractor c- MAL -n-��, c-- scJ\-,1Ar itle C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the :'AGENCY. Section 4216 4217 of Elie Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: actor Note: This form is required for even, Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGE.-VCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 0.10 Co,(.a G. Bidder Name RG . $ox i o(48 Business Address Aoncoj60N. CA01'7 48t�) '5_71— 75r7O Telephone Number A 69 State Contractor's License No. and Class 5p M 7z- Original Date Issued SepA-. 3n _ 199L4 Expiration Date The work site was inspected by tAV R__ -So r-f, rA of our office on . 1 '� _, 19-V 14 The following are persons, firms, and corporations having a principal interest in this proposal: S}M\j t_ — errs ► kt4� v. Sec . �r,_e.ts . c-10 SECTION D SAMPLE CONTRACT -Sample C4TY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOIA'N LOT ALLEY I1k::QR0VE'..ENTS (CC 907) AND OLD TOWN ALLEY if,�PROVEMENTS (CC 650) TABLE OF CONTENTS Pam 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 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9 WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQU!DATED DAIMAGESf'DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS 1N 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 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19_ WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERl�;INATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28, CAPTIONS 14 29. IMMIGRATION 14 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 5'a g ree .own 1oV07r25-'S4 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Huntington 9each, 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 Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth Street frcrn Walnut Avenue to Orange Avenue, End bet::een Third S`reet and First Street frcrn Walnut Avenue to Orange Avenue (CC 907), and between Alabama Street and the prolongation of Califomia Street from Atlanta Avenue to Chicano Avenue (CC 850), in the City of Hunting4on Beach; and CONTRACTOR Las been selected to perfcrm 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, 1 SAMPLE 61agreatownlouV 26!94 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 bome 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 S`eet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar wii,`t 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 ,;hich the work is to be performed, and that it enters into this Agreement based upon its invest gat on of all such mat!ers and is relying in no way upon any opinions or representations of CI 7 > It is agreed that the Contract Doc_ rents are incorporated into this Agreement by ;"',is ceference, with the same force and effect as ;f the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents inscfar as they relate in pad or in any way, d;rectly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined rierein 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 re•.:i_ions, amendments or addenda thereto, 2 SAMPLE 6.+a9reeAo vniov07r2G94 i 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 Califomia 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 Epplicabla 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 t1 titre be any conflict netvveen the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days a`ter notice to prccead is issued and shall diligently prosecute PROJECT to completion within 3 SAMPLE 51agree 1ownIoV07r2&194 One Hundred Thirty -Five (135) working 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 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 sha!! cccr-irate its .,ork 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 %%;"I 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 rght to decide the time and cider 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 preen:=cs. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is a,.;Ihcrized in writing ty the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform a!1 work necessary within the scope of the PROJECT as the DPVV 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 !he DPW a written cost proposal reflecting the effect of the change Shculd the DPW not agree to such cost proposal, the work shall be performed according to the c^,Er ges ordered in writing 4 SAMPLE S;agr etAown[W07r26/94 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 puce will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is Issued. In event cf a delay in commencement of the work due to unavailabiNy 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. S. 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 C1TYs 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. WARRi-kANTIES 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. 5 SAMPLE 6.'agre�townbv07,26r9d 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 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESIDELAYS 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, darnage 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 CONT..RACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of DcEars (S ) per day for each and every working day's delay in completing the work in excess of the number of workinglcaiendar days set fo,+.h herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeabie 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 (un!ess :he DP-1.1 shall grant a further period of time prior to the dale of final sett;ement of 6 SAMPLE 61ag ree,4 ownIp'J07,76194 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 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 ;he 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 7 SAMPLE WagrmlownlovWr26194 Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY_ 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction ofthe 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 ;,tie 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 vacation 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 ;f 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 b,d schedule, and if the DPW finds that satistactorr progress has been and is being made, the CONTRACTOR may be 8 SAMPLE 6! a g r ee±t own 1 ov0 7 r26'Sa 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 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, WITHL=LD 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 FROJECT 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. 9 SAMPLE 6 ra g r ee:1 own Iov07 r26 r9 a f 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 end 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 ernployer to be insured against liability for workers compensation; CONTRACTOR covenants met 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 (S100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) 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 CO1N1TR;%CTOR shall carry at a'.I ,;rnes incident hereto, cn a.l operations to be performed hereunder, general liability Insurance. including coverage for bodily Injury, properly 61 agreeRvwntov07r26r94 10 SAMPLE 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 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 (S1,000,000) combined single lima ccva age. If coverage is provided under a form wh;ch 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 agues to provide certificates evidencing the same. 21 CERTIFICAT;=S OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS ►=rior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certifca'es of insurance subject.o approval of the City."+.torney evidencing the `oregoing 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 .~at such policies vr;ll 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 Y;I insurance policies hereunder required. 11 SAMPLE 6.1a9reeorvn1oV07r,S 4 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 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 { 0) 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 uperi 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 �-ompletion of the work .o be performed hereunder, or upon earner 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 12 SAMPLE 6139E lOwNW07,26:J4 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 attomey 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 (5100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an ancn to Enforce such stop notices. CITY may set off any unreirnbursed 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 exploit, 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 CONTR/'-.CTCR and CITY 2g.'Ee ; hat CITY is not liable for payment of any subcontractor work in�folving legal services, ar,f :hat such legal services are expressly outside 13 SAMPLE 6.+a 9 r ee A own 4ot/Q 7125!94 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. 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. CONTRACTOR: By: print narne ITS: (circle one) Chairman;'PresidentlNice President ey. print name ITS. (circre one) Secre`.arifCNet Financial Officer/Asst Secretary - Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney '' Alf- 6 rs` �/ INITIATED AND APPROVED: Director of Public Works 14 SAMPLE 6.1 ownlotr3725r06/W94 r 11 ) g U b c- f O �(Y�Drr ov ia� CAA- 91C)1-7 —ro ",a r\ L,04- 104 �f �0T t 1 � 1 �o C CL 4 rl 0-T 40, 1 0 PBEN w ITK RIC--GIut—r4A.- iM A I �- GENERAL BID PACKAGE for the TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, CC-907 AND CC-850 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 BIDS DUE: August 23, 1994 2:00 P.M., 2ND FLOOR - City Clerk's Office $35.00 NON-REFUNDABLE GENERAL.IJID TOWN LOT AND OLD TOWN ALLEY IMPROVEMENTS PROJECT, CC-907 & CC-850 ADDENDUM NUMBER 1 AUGUST 22, 1994 Notice To All Bidders: The following revisionsicotrections shall be included in the bid documents. 1) Delete bid item # 33, "Bore 6 inch PVC C%0 under existing driveway, as shown within the Geturai Bid Package on page C-6s for cash contract No. 850. 2) The Contractor shall remove and reconstruct the existing driveway bested between stations 0+20 to 0+30 as shown on sheet S of 8 for cash contract No. 850. Cost for removal of existing driveway shall be included in writ bid item to' -Construct driveways per City of Huntington Beach Sid. Flan 211" (bid item #S, page C-1s). 3) Bid item No. S, "Construct driveways per Cicy of Hunuagion Beach Sid. Plan 211" as shown within the General Bid Package on page C-Is for cash contract No. 850 shall be increased front 1310 S.F. to 1762 S.F. 4) The cost for removal of dhveivays for rash contract No..M shall be included within the unit bid item No. 5, "Construct driveways per City of Huntington Beach Sid. Plan 211" (see page C-1 s of the General Bid Package). All bidders shall acknowledge the receipt of this addendum ulth their bid proposal. These revisions do not change the Engineer's Estimate or the Bid Opening date/dine for this project. Should you have any questions regarding this Addendum, please feel free to contact Larry 1. Taite, project manager of this office, at (714) 536.3390. City Of Huntington Beach, i have reviewed Addendum Number One dated August 22, 1994. 1 tanderstand that Addendum Number 1 shall be included in the bid d�� • -�`- Company Name By Date t 0 ' d 5a£-" wt;IZ : E 7E6t - ?, and £57S 0££ 8 TE : 01 OTL If there are any questions relative to this project. please call Larry Taite at: CITY OF HL-tiTLNGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH. CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS ............................... A-1 SECTION B I116TRUCTIO\NS TO BIDDERS ................................. B-1 1. Proposal Forms ....................................... B-1 2. Proposal Guarantee .................................... B-1 3. Proposal Signature ..................................... B-1 4. Delivery of Proposal ................. .................. B-2 5. Return of Proposal Guarantee ........................... ... B-2 6.Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-2 7. Disqualifications of Bidders ............................... B-2 8. Contractor's License Requirement ........................... B-2 9. References .......................................... B-3 I0. Listing of Subcontractors ................................ B-3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract .. .. ..... .. .... ...... ....... .. ... .. . B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract .................................. B-4 17. Submission of Bonds and Insurance .......................... B-4 18. Addenda .......................................... B-5 19. General Bid Table .................................... B-5 20. Construction Management .............................. . B-5 8 SECTION C 1 r PROPOSAL........................................C-1,2 General Bid Table ....................................... C-3 Bid Schedule (Town Lot, CC-907) ........................ C-Is - C-7s Bid Schedule (Old Town, CC-850) ........................ C-Is - C-6s List of Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4 Utility Agreement .......................... .......... ... C-6 Disqualification Questionnaire ................................ C-7 Compensation Insurance Certification ........................... C-8 Underground Service AIert - I.D. Number ........................ C-9 Bidder's Information .................................. C-10,11 SECTION D Sample Contract ........................................... ffl SECTION A NOTICE INVITING SEALED BIDS for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HL,��NTLNGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HLNNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects and will receive such bids in the office -,11"the City Clerk, Second Floor. 2000 Main Street, Huntington Beach. California 92648, up to the hour of 2:00 P.M. on August 23. 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available form the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a S40.00 non refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY kvill deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal �-alue to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the Total Amount Bid. A-1 w The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the A day of May. 1994. .Attest: A-2 SECTION B INSTRUCTIONS TO BIDDERS I. PROPOSAL FORMS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the Citv Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are ;:.-vited-to be present at the opening. Unauthorized conditions. limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PROPOSAL GUAR-ANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PROPOSAL SIGNATL,sRE If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. w r 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: SEALED BID" for TOWN LOT/OLD TOWN ALLEY I1IIPROVEMENTS,(CC-907 & 850) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. RETURN OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. DIS UALMCATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REQUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section e I O' 64. 9. REFERENCES All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISTING OF SUBCONTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor %-ho will perform work or labor or render services for the Contractor in an amount in excess of one- half w one percent of the Contractor's total bid. 11. DISCREPANCIES .AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. EQLTIVALENJ MATERIA Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time. the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSLBILITIES All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum IN w r prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 64 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. MATERIAL GUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. EXECUTION OF CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBN'IISSION OF BONDS AND INSURANCE The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. ADDENDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. GENERAL BID TABLE The Gadder shall complete each individual bid schedule. The Amount Bid, in figures for each schedule, shall be copied to the General Bid Table, on the following page, and placed in its appropriate location. When the General Bid Table is completed, the bidder shall sum the Amount Bid column to determine the Total Amount Bid for both schedules. This Total Amount Bid will be used for the basis of award. 20. CONSTRUCTION MANAGEMENT The Contractor to whom the award is made, shall adhere to the Construction Schedule as herein provided. However, the Contractor may propose a new schedule for review by the AGENCY. If found acceptable, the AGENCY will issue a written statement of approval to the Contractor. Both alley projects shall be managed, constructed, and accounted for as individual projects adhering to all conditions and requirements as set forth by each respective project specification. M 7 SECTION C PROPOSAL for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND NfEMBERS OF THE COUNCIL OF HIJNTII\'CTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, C-1 the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at die AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find &6dd �S bus'' k in the amount of $ i - which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1. 8 z cc 1;40 BID SCHEDULE C.C. No. PROJECT NAN E AMOUNT BID C-Is 1 C-7s 907 TON TN LOT ALLEY } �� 00 C-Is 1 C-6s 850 OLD TONNN ALLEY �1 5 50 TOTAL ANIOUNT BUD: $ ; �3) 351 , 5� TOTAL AMOUNT BID IN WORDS: 0v\t � � � 0 V) ( W 0 ��- -n,/) DU -IW rtd, C-3 GENERAL BID TABLE BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 1- L.S_ Clearing and Grubbing Dollars LS Cents Lump Sum 2- 1,917 C.Y. Unclassified Excavation � l � Dollars 3D� $ $ Cents Per C.Y. 3. 1.684 C. Y. PCC pavement � �} `� Q� ® M1 Dollars $ Cents Per C-Y. 4. 40 Tons Deeplifi asphalt 12-1 Dollars $ : 1� - $ Cents Per Ton 5. 5,596 PCC alley approach S. F. ELI QQ��0 OD ® -- - Dollars $ ..,. $ Cents Per S-F- 6. 1,796 S. F. PCC Sidewalk r2� Dollars � $ � r� $ -53 86 cc ® Cents Per S.F. 7. 169 L.F. PCC Curb and Gutter �-��.� Dollars [5L $ 535 Cents Per L. F. C-Zs CASH CONTRACT 907 Item Estimated Item with unit price Unit Exiended No. Quantity written in words Price Amount 8. 164 L.F. 8" Narrow Trench D n— Dollars $ "�' � ob $ NO Cents Pcr L.F. 9. LS Trench Shoring r^ �O-Xk LS tD lV ® C 2 Nl� Dollars $ $ - 1�� Cents Lump Sum 10. 6 Each Remove Firc Hydrant Assembly a I�Ypz klwArx'A' Dollars $ -36y,, L[OD� $I AUDIO M0 - --- Cents Each 11. 7 Each Fire Hydrant AsssemblyEL f ® ! n '}t�t`IVE—A AldrC Dollars $ YJ�_�`Ql7U 6D S Zj 4 O Cents Each 12. 3.580 L. F. 8' PVC. Class 200 rr Dollars CD $ $- 3 Cents Per L_ F. 13. 26 6" PVC, Class 200 L.F. // � Dollars ,,1, $ [C� $ �bW Cents Per L.F. 14. 14 Each 8' Gate Valves Dollars OD $ CM $ LID Cents Each 15. 1 Each 8" x 8" x 8" Tee I ® r�� + � I.UIJ�r?—OL Dollars $ Cents Each C-2s CASK CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 16. 112 Each 1' Water Service with 314' Meter � Dollars $ 5 Cents Each IT 29 Each 1' Water Service with 1" Meter rCe I �} �� Dollars S U S AM ® K/D Cents Each 18. 1 Each 8' x 12- x 12' Tee with 2-12" Gate Valves and dD Qp 2- 12' x 8` Reducers 76��Ntme Nue r� 3 ��} 39%� LTD 2;f�mco NAD Cents Each 19. 1 Each 6" Hot Tap and 6' Gate Valve a A J( kf Dollars OD S z, 56b s ..2l�� NO Cents Each 20. 10 Each 8" - 45" Elbow T. red ® I.iT) Dollars S S Cents Each 21. 11 Each P1ue Exist Main v +�. C�Uti&1pi Dollars S '--e cfl $ Kit) Cents Each 22. I Each 8' x 12' x 12' x 8' Cross and 2 - 8' Gate Valves, 2- 12" Gate Valves with 2- 12" x 8- Reducers �, ®,� ' ''61.L-'a� Dollars $ `"TI �� S N� Cents Each C-3s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity ATitten in words Price Amount 23. 4 Each 2" Water Service with 2" Meter kkdrnL Dollars � S S 9QL ® .. Cents Each 24. 1 Each 6" PVC Connection to 6" AC t 11[f?A��i`-k ® l[+R'C_ Dollars S $ Cents Each 25. 4 Each 8" PVC Connection to 8" AC rr -- �tSkSANf%� � �y�,� 1 10VtA.J ® t'Dl� Dollars $ $ 1 Cents Each 26. 2 Each 8' PVC Connection to 6" Cast Iron �re i loUsQ —3 � po ® YiDollars 5 $ Cents Each 27. 2 Each 8" PVC Connection to 8" Cast Iron (8 Dollars (A} $ 4 p QJ S o Cents Each 28. 26 Each New Meter Box for 314' Meter and Adjust to Grade y, . Dollars rib $ S , S Cents Each 29. 3 Each New Meter Box for I" Meter and Adjust to Grade p. r (� ;'v Dollars $ r S Cents Each C-4s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 30. 1 Each New Meier Box for 2" Meter and Adjust to Grade CboItars S $ 1 2,S 61 Cents Each 31. 2 Each 8" PVC Connection to 6" AC j'� � � � �],� ®.SJN "{�SQ�� Dollars Ot] $ aD $ Cetus Each 32. 9 Each Adjust Gate{{ Valve Cover too Grade �Ne 1�Nl�rr; { lY1 Dollars I) Cents Each 33. 3,874 8' Extra Strength VCP OD L. F. � O ® Dollars $ $ �y Cents Per L. F. 34. 8 L F 10" Extra Strength VCP ® l � 1 )Njrat Dollars $ MM $ h� _ Cents Per L. F. 35. 2,178 4" VCP Lateral L F. ram' tom' r. Dollars 00 $ � dr $ ® Cents Per L. F. 36. 2 Each Sewer Clean -Out EnCV� �lJdr� I� LAB O Cb ® Dollars $ �`s�—_ $ Cents Each 37. 5 Each Core Dnll Existing Manhole Co ®. �l ]rr� Dollars $ GD $ -y -W- lv L , Cents Each C-5s CASH CONTRACT 907 item Estimated Item with unit price knit Extended No. Quantity written in words Price Amount 38. 2 Each Manhole l ® 1 f ►1i� �l�e tVl��r Dollars ��ptl� $ OD $ - _ Cents Each 39. 1 Each Drop Manhole r hJ QDollars ® S � Cents Each 40. 14 Each Adjust SewerManholeto Grade NI J r1fA- Dollars $ $ - Cents Each 41. LS Fill Manhole with Concrete: Reform Base, Plug Outlet Muni �36' LS - (� Dollars $ $UU Cents Lump Sum 42. LS Abandon Existing Sewer i1' 2A1$QL 11C� d° ®- Dollars S.. _ S Cents Lump Sum 43, LS Modify O_C.S.D. Manhole ��VA E'Q6ollars 215MOID ab 5aL ® $ $ Cents Lump Sum 44. 18 Each Remodel Existing Sewer MLI'lQ [�U it/�- (� Dollars $ � � 00 ob + $ 1 fp' Cents Each 45. 2,845 L.F. Remove Existing Sewer Lines ® L Dollars Cents per L_F_ C-bs CASH CONTRACT 907 Item No. Estimated Quantity Item with unit price written in words Unit price Extended Amount 46. LS Traffic Control @ Dollars Cents Lump Sum TOTAL ANIOUNT BID IN FIGURES: $ 9 0- TOTAL AMOUNT BID IN WORDS: 1 1 vit ,a (M]1�- E,40vt DAllk VIo E" C-7s CASH CONTRACT 907 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity Written ill words � Amount I. LS Mobilization Dollars $ I 0 1/ $ 1)00 Cents Per Lump Sum 2. 25.305 Remove existing AC. AB and/or subgrade as SF required O N 2--, Dollars I Z $ C $ J ® ._., N/10 Cents Per Square Foot 3. 25.305 Construct P.C.C. pavement section per typical SF Section 'A' J ST ®J Lin Dollars $ 5 Cents Per Square Foot 4. 181 LF Remove existing curb and gutter �j r � ® ` ,. Dollars Ls --DO (� ,try t ��' $ � b Cents Per Linear Foot 5. MI0 91" Construct drivmay per City of Huntington 1,1bZ 9- Beach Sid. Plan 211 (-"-- LV 2 I00.:� ( t Dollars $ $ Cents Per square Foot 6. 105 LF Construct curb & gutter per City of Huntington Beach Std.. Plan 202 Dollars $ $ 1,5 1 5 Cents Per Linear Foot C-Is CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 7. 29 EA Remove existing concrete filled pipes fQ'n @ Dollars �( }tb CSC Cents $�` $Z1c� Per Each 8. 1 EA Removeexistingtree ® y `VC �k'`'`-ry{� r Dollars C Cents Per Each I 9 34 Ton Construct full depth A-C- 8" thick @ k Dollars �Ob � $ Cents Per Ton 10. 103 LF Construct 10" retaining curb per typical Section B �► Dollars bb $ oti $ 2-1 ® - -- No Cents Per Linear Foot 11. 618 LF Remove existine 8- VCP sewer and laterals r Dollars 5pD -3 hGO� $ $ V f Cents Per Linear Foot 12. 616 LF Construct 8" VCP per City of Huntington Beach Std. Plan 502 r @ C � \y L' Dollars Cents Per Linear foot 13_ 44 EA Construct sewer lateral p:r City of Huntington Beach Std. Plan 507 ,, J �0A ML Dollars $ 3 6� $ 1 t74 Cents Per Each C-2s CASH CONTRACT 850 I[em Estimated Item -with unit price Unit Price Extended No. Quantity written in words Amount 14_ 2 EA Remove existing sewer clean -out 0_01� i S U W trP Dollars 2,,,5D CC) �Ob Cents Per Each 15, 2 EA Construct sewer clean -out per Citv of Huntington Beach Sid. Plan 508 L � LVe ti ` ""� rA Dollars �j �� $ 11 � M $ ® Cents Per Each 16. 1 EA Modify existing sewer. drop manhole per City of Hundrigion Beach iSlid.- Plan 506 00 b� Q-Q-Y1 CNPJ VTG�- Dollars $ $ Cents Per Each 17. 1 EA Connect sewer pipeline to existing drop manhole EJO I' '` I) �� Dollars 00 $ Sofl 06 $ � ®, Cents Per Each 18. 4 EA Adjust water valve box to grade per City of Huntington Beach Sid. Plan 612 c5D 00 &ram $ V V Dollars 5 Cents Per Each 19. 22 EA Construct 3/4" meter box (for traffic use) per City of Huntington Beach Std.Plan 601 and cc adjust to grade Cents {Per Unit} C-3s CASH CONTRACT 850 liens Estimated Item with unit price Unit Pnce Extended No. Quantity written in words Amount 20. 4 EA Construct I' meter box (for traffic use) per City of Huntington Beach Sid. Plan 602 and adjust to grade ® ill tars Cents {Pcr Unit} 21. 3 EA Remove existing valve box and construct new valve box per City of Huntington Beach Sid. Plan 612 ��— /m om �L ' � $ �v� � Vv f1V �l ® Dollars ... Cents Per Each 22. 842 LF Remove existing water pipeline and appurtenances. See plans for pipe size and j type. (� Dollars Cents Per Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 water pipeline ® r Dollars $ 3 Cents Per Linear Foot 24. 537 LF Construct 6" PVC C900 Class 150 water pipeline t I n Dollars $ $ ztJYD NO Cents Per Linear foot 25. 2 EA Construct new 6' gate valve per City of Huntington Beach Sid. Plan 612 & 614 Dollars $ S n Cents Per Each C-4s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 26. 1 EA Connect 6" P.V.C. pipe to existing 6" A.C.P. With ductile iron adapter per City of H.S. standard�plan 614 ` Q $ 7 ,K-,��Od b � �6D � @ YW Q2 ! �ISQ IjiG\ Dollars Cents Per Each 27_ 20 EA Construct I" water Service w/ 3/4" Dieter per Chit}_ I��un 1 on B(j t4 Sid. Plan 601 �1.4'#"''� Dollars $ 1 cents Per Each 28. 4 EA Construct I" water service wl l " meter Per City of Huntington Beach Sid. Plan 602 +��x�a{� Dollars S b Cents Per Each 29. 5 EA Construct 2" water service w/2" meter Per City of Huntington Beach Sid. Plan 6038 s 2M C)o S Dollars Cents Per Each 30. 1 EA Connect 6" PVC C900 to existing 12" ACP with 12'x12"x6" tje�e,, i t �� Dollars 5 5�(�'—` j ®, Cents Per Each 31. 1 EA Remove existing 4" gatev�al'',v--,e��,,¢¢ ® �,1 V 'rpm lS L?LliLY Dollars 36� no Cents $ 3�cp $ Per Each C-5s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 32. 2 EA Connect 6` PVC to existing 6' gate valve with ductile iron adaptor n t 1 Yl Dollars (p $l� 5 Cents Per Each 4BtP Cents It►CiD�A4�1M Per 6ifte&—peol- $ i I LS Traffic] control �(�, 0_I nlr� 1 16til�Ayl� Dollars CCII[5 O� S -32z $ Per Lump Sum II TOTAL AMOUNT BID IN FIGURES: I $ ;. Id a .6 n $_ )?) 11 TOTAL AMOUNT BID LV WORDS: Tv) D yz� � ve Tov II �. N�.ed� F��.�i.-r1�rW aMd, hf+-u II C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Maine of Subcontractor and Address State License Class of Work I Number By submission of this proposal, the Bidder certifies: C-4 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTL\GTON BEACH, CAUIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Quaiifed Person": A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �— 21rq + C-6 (�M,- Contractor DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNA]iR.E Has the Bidder, anv officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No V If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Cam.- q 4 M itra-vn a4-6s Cyst . C Contractor �o By Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number. call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor itie Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: i- er Name &El 330 -1 c43 - - - - - - Telephone Number Mate Contractor-s License No. and l�� L w N1��0.+�+a►'r�e5 The work site was inspected by -�54ch of our office on 1991. The following are persons, firms, and corporations having a principal interest in this proposal: 6C� . 0 A Col t D.r A I c- 0,0-00,ra-ii cs� _ r�C�MirctivtcM#`�S - QJ`(.S. /I ryas. —Mirkgvy) i�'0.yno� C-10 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their 'ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bt$ r •� Fr-inted orTTyped Signature Q.0. 6cx Q CnGr Nu of - T-MugtYL4 ,cam � ] `)] 5 -OD% Address of Bidder �i2&)33o -(o4-3 _ Telephone Number Subscribed and sworn to befor e this ay of 19 NOTARY PUBL NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. � I Na4 and Address Name and Telephone No. of Project Manager: 5D I Tcb . L U r ontract Amount Type of Workate Completed +'C� RIC, I+r) 160 So_ �aLw,,, Avg ,'Ka,l� Name and Address Name and Telephone No. of Project Manager: _��}�� 6U _ Contract Amount - Type of WorkDate Completed 3. A-Ikmhsysa0. -Cy- D. t s't " L' --% �n MWCOSB JJ . SAn CA-9 ZLO - Name and Address - Name and Telephone No. of Project Manager- 4 1 '10-0 f cam. 02) 30' ontract Arriount Type of Workate Completed C-11 SECTION D SAMPLE CONTRACT -Sample CITY FUNDED CONSTRUCTION CONTRACT BER''EEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) 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 4 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 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24_ NON-ASSiGNABiLiTY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTR,-,CTING PROHIBITED 14 31. ENTIRETY 15 6.!'dgtm1ciwn V07,'26:94 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this day of .19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and _— .N 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 Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth Street from Walnut Avenue to Orange Avenue, and bet':.,een Third 'S:reet and First Street from Walnut Avenue to Orange Avenue (CC 907),.and between Alabama Street and the prolongation of Califormia Street from Atlanta Avenue to Chicaoo Avenue (CC 850), in the City of Huntinoton 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: 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, 1 SAMPLE 6 `agreeJlownloVO 7/26.194 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 bome 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 zit 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, direct:y 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 C17Y and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; 2 SAMPLE r6'a g reeA own;oV07T26.94 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 _oLthern 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"); J" 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 adiusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 3 SAMPLE 6'agreeRown4oLW12MA One Hundred Thirty -Five (135) working 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. 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 incidpn!al to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work w-:Lh 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 V:ithin 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 4 SAMPLE &aBreelowm;o rc7126-G4 by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or fumished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY_ C1T1Y,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. B. 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 wor'K 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. 5 SAMPLE 6`agreeftwnloV07,26194 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 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. '1. 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 penaity, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 6 SAMPLE 61aq real ownloV07421554 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 fumished 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 veorkers, 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 cf the work under this 7 SAMPLE 6,agrm1ownbW7r26i94 Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the rONTRACTOR 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 puce 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 8 SAMPLE Wag rW ownla'07125194 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 perfrr;r;ed 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. 9 SAMPLE WagreeAownloVWrM94 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 01"t'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 commenting performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars (S100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) 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 fumish 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 10 SAMPLE fii a g r ee_ 1 pwn 10 V07 r'26194 damage, productslcompleted 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 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during -he 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. 11 SAMPLE 6lagrftA ownioUD7r26194 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 Attomey 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 Agreem.ant or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (1 0) 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 DOCUIOENTS CONTRACT OR 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 12 SAMPLE rJ a gt eel awnl oli 07 r25r %4 financial interest in this Agreement in violation of California Government Code sections 1090 of seq. 26. STOP NOTICESm 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 Hundrod Doilars ($100) for every Stop Notice fled in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 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 13 SAMPLE 6fagree4ownl WOV26/94 r 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. 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. CONTRACTOR: By: print name ITS: (circle one) Chairman/P-esideMiVice President CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: Mayor print name ITS: (circle one) Secre:ary/Ci ief Financial APPROVED AS TO FORM: Officer/Asst- Secretary - Treasurer ATTEST: City Cleric REVIEWED AND APPROVED: City Administrator Pl-"'City Attorney INITIATED AND APPROVED: Director of Public Works 14 SAMPLE 6Rown1oV3725t 08194 I RECEIVED C1f" C�En!i C'T" 1V HUiiilHGlflh :Ic.'.Cii.L�k.l�. AUG 23 1 54 P1i MIRAMONTES A m 0 N FROM CONSTRUCTION CO., INC. J'A' GENERAL ENGINEERING License No. 416450 P.O. Box 90095 City of Industry, CA 91715-0095 TO ; City of Huntington Beach 2000 Plain Street, 2nd rloon Huntington Beach, CA 92648 Attention: CITY CLERK ' I BID PROPOSAL FOR:, OLD TOWN ALLEY IMPROVEMENT PROJECT CASH CONTRACT NO. 850 & q TOWN LOT ALLEY IMPROVEMENTS CASH CONTRACT NO. 907 I I BID DATE & BID TIPAUGUST 23, 1994.@ 2:00 P.M. 4 GENERAL BID PACKAGE for the TOWN LOT AND OLD TOVL'N ALLEY IMPROVEMENT PROJECT, CC-907 AND CC-850 in the CITY OF HUNTTINGTON BEACH 2000 MAN STREET HUNTINGTON BEACH, CALIFORNIA 92648 BIDS DUE: August 23, 1994 2:00 P.M., 2ND FLOOR - City Clerk's Office $35.00 NON-REFUTNrDABLE GFNERAI_ BID �wNOTIE: If there are an. questions relarive to this project, please call Larn• Taite at: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS ............................... A-1 SECTION B V\STRUCTIONS TO BIDDERS ................................. B-1 1. Proposal Forms ....................................... B-1 2. Proposal Guarantee .................................... B-1 3. Proposal Signature ..................................... B-1 4. Delivery of Proposal ................................... B-2 5. Return of Proposal Guarantee .............................. B-2 6.Taxes.............................................B-2 7. Disqualifications of Bidders ............................... B-2 8. Contractor's License Requirement ........................... B-2 9. References .......................................... B-3 10. Listing of Subcontractors ................................ B-3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract .................................... B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract .................................. B-4 17. Submission of Bonds and Insurance .......................... B-4 18. Addenda .......................................... B-5 19. General Bid Table .................................... B-5 20. Construction Management ............................... B-5 H f 't SECTION C PROPOSAL........................................C-1,2 General Bid Table ....................................... C-3 Bid Schedule (Town Lot, CC-907) ........................ C-Is - C-7s Bid Schedule (Old Town, CC-850) ........................ C-Is - C-6s List of Subcontractors .................................... C-4 Utility Agreement ............................... .. ...... C-6 Disqualification Questionnaire ................................ C-7 Compensation Insurance Certification ........................... C-8 Underground Service Alert - I.D. Number ........................ C-9 Bidder's Information .................................. C-10.11 SECTION D Sample Contract .......................................... . T SECTION A NOTICE INVITING SEALED BIDS for the TOWN LOT/OLD TOWN ALLEY IMPROV-EMENTS CC-907 & 850 in the CITY OF HUNTU GTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTWGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648. up to the hour of 2:00 P.M. on August 23, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available form the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $40.00 non refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10`7 of the Total Amount Bid. A-] The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids. to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 18 day of May, 1994. Attest. •Brockway A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORI•IS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hail. 2000 Main Street, Huntington Beach, California. which -shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions. limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals wJ1 not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in %vriting, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10 io of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for TOWN LOTIOLD TOWN ALLEY LN-LPROVEMENTS,(CC-907 & 850) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. RETURN OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REOUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section MN r 10164. 9. REFERENCES All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISTIl\'G OF SUBCONTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. DISCREPANCIES AND MISU DERSTAINDNGS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessarv, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. EOUIV ALENj MATERIALS Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773. et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. NIATERIAL ,,,GUAR I`A 'TEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee wilt be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. EXECUTION OF CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. if the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBNIISSION OF BONDS AND INSURANCE The successful bidder will be required to furnish the necessary bonds and insurance to the C-1 AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. ADDENDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. GEl\'ERAL BID TABLE The bidder shall complete each individual bid schedule. The Amount Bid, in figures for each schedule, shall be copied to the General Bid Table, on the following page, and placed in its appropriate location. When the General Bid Table is completed, the bidder shall sum the Amount Bid column to determine the Total Amount Bid for both schedules. This Total Amount Bid will be used for the basis of award. 20. C4\STRLCTIQN INJANAGEMENT The Contractor to whom the award is made, shall adhere to the Construction Schedule as herein provided. However, the Contractor may propose a new schedule for review by the AGENCY. If found acceptable, the AGENCY will issue a written statement of approval to the Contractor. Both alley projects shall be managed, constructed, and accounted for as individual projects adhering to all conditions and requirements as set forth by each respective project specification. 16-M SECTION C PROPOSAL for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND hEEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, W r � the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ -- A which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Btdder's;S tore 8 • Z 3 - 9� ",ems 140 t BID SCHEDULE C.C. No. PROJECT NAME AMOUNT BID C-Is 1 C-7s 907 TOWN LOT ALLEY C-Is 1 C-6s 850 OLD TOWN ALLEY TOTAL AMOUNT BID: $ / z 70 S 2 -5— TOTAL AMOUNT BID IN WORDS: �G C-3 GENERAL BID TABLE BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 1. L.S. Cleahn and Grubbing Dollars LS b �� S 3�� 000 Cents Lump Sum ?. 1.917 unclassified Excavation C.Y. -2P '--- Dollars $ /O.Gb $ A/0 Cents Per C. Y. 3. 1.684 PCC pavement C.Y. , Dollars S �. $ S/ S�•(� Cents Per C.Y. 4. 40 Tons Deeplift asphalt/ I - /4', d�� Dollars - S 2�.� S B _ - oo 40� Per on PCC alle, 1 Db Z3S7lo0,`=° 5. 5.596 ki Ve-Doltars S S• M S z7, 989. 00 /10 Cents Per S.F. 6. 1,796 PCC Sidewalk S.F. ® )C Dollars S l7 Cents Per S. F. 7. 169 PCC rb and Gutter L.F. f � Dollars b 20. Lb b 3, Cents Per L. F. C-is CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 8. 164 8" Narrow Trench Drain L- F. @ Dollars $ 40,00 S (�,SGd.Qo Cents Per L. F. 9. LS Trench Shoring iLz� Dollars $ . o S 4D. do Cents Lump Sum 10. 6 Each Remove Fire Hydrant Assembly e Dollars ,�, �� $ �� S 21,9�'W' W Cents Each 11. 7 Each Fire Hydrant Assembly /✓V O dS.4-�c� Dollars $ 2� S l¢�• Cents Each 12. 3.580 8' PVC. lass 200 Dollars $ .34. 00 $ /O 774 0 Cents Per L. F. 13. 26 6" PVC, Class 200 Dollars $ $ i.300" oa D Cents Per L. F. 14. 14 Each 8" Gate Valves L 7D4, 9, 800, %5 ✓y J Dollars $ va S 45" Cents Each 15. 1 Each 8' z 8' x 8" Tee ` Dollars S 40,0, GD Cents Each C-2s CASH CONTRACT 907 Item Estimated Item With unit price Unit Extended No. Quantity written in words Price Amount 16. 112 Each I" Water Service ith 3/4",McEer Dollars $ �.tgo $ '6 �aOD.00 fl Cents Each 12. 29 Each I' Water Service with I" Meter ® ^� rd( Dollars $ % tea• $ 29-Z 41 Dk Da Cents Each 18. 1 Each 8" x 12" x 12" Tee with 2-12" Gate Valves and 2- 12' x 8" Reducer / ® Jr dS�s/Ct Dollars $ �� $ Cents Each 19. 1 Each 6" Hot Tap and 6" G to Valve /w0yS Cr Dollars $ e'"'mU $ 2,Q�o,ay A"J Cents Each 20_ 10 Each 8" - Elbow -4--5* ,� Dollars S 24014:9 S 2,� gm' 00 Cents Each 21. 11 Each Plug Exist Main, ® �V� /'r�nl �C� Dollars t 5 `�•OD S �4't%Q�DO Cents Each 22. 1 Each 8' x 12" x 12' x 8" Cross and 2 - 8' Gate Valves, 2- 12" Gate Valves with 2- 12" x 8- Reducers S, C 11MV Dollars S A14' - Oo $ 6, e900' 60 I) Cents Each C-3s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 23. 4 Each 2' Water Service with 2" Meter r ® f_ dZ0 d7�A�� Dollars 5 Z1Q40. Do $ �, DDD, AD Cents Each 24. 1 Each 6" PVC Connection to 6" AC ® ow Dollars S G� Do $� • Cents Each 25. 4 Each 8" PVC Connection to 8" AC ® �!/�° NCr Dollars $ D Cents Each 26. 2 Each 8' PVC Connecuo to 6' Cast Iron ® U�P n/ Dollars $ , 00 $ /, 61 Cents Each 27. 2 Each 8' PVC Connecti to 8' Cast Iron Dollars $ SAID li OG�� 04 CenLS Each 28. 26 Each New Meter Box for 3/4" Meter and Adjust to Grade {� �/ �✓'-� Dollars S 200•co 5 000, .' Cents Each 29. 3 Each New Meter Box for 1" Meter and Adjust to Grade 2L Dollars S • QO $ ��' a0 Cents Each C-4s CASH CONTRACT 907 Item Estimated Item Kith unit price Unit Extended No. Quantity written in words Price Amount 30. 1 Each New Meter Box for 2" Meter and Adjust to Grade J ®11.1,1d(ZDollars $ 2Sp`oo $ �5�, co yo Cents Each 31. 2 Each 8" PVC Connection to 6" ABC,,/ ® �✓�'T� Dollars S 700,co S ec AJO Cents Each 32. 9 Each Adjust Gate Valve ,Cover to Grade ® Ae G Dollars $ Cents Each 33_ 3.874 8' Extra Strength VCP L.F. ® � Dollars /� 10 Cents $ lvo oo $ Per L.F. 34. 8 10" Extra Strength VCP L-F- ® '�,f C( Dollars Cents Per L.F. 35. 2,178 4" VCP Lateral L F. ® S; 3`-�Y . Dollars $ moo, vo I30 6�, S —^,G _Ak Cents Per L.F. 36. 2 Each Sewer -Out ''Clean / © :s'k JL a/ Dollars $ Cents Each 37. 5 Each Core D 1 Existin Manhole ® ✓ Dollars $ ate da $ _6 Cents Each C-5s CASH CONTRACT 907 Item Estimated Item ►+•ith unit price Unit Extended No. Quantity written in words Price Amount 38, 2 Each Manhole y� @;� //L.4r"� Dollars $ :2e 1225�'- 4� $ �o�Ocy ,Gu A-10Cents Each 39. 1 Each Drop Manhole ® •J/ie�/5•�+� Dollars $ G/Ga.aa $ G�4r�O.co Cents Each 40. 14 Each Adjust Sewer Manhole to Grade ® v^��¢c� __ Dollars $ roo $ 7AIT t�aa.Oo Cents Each 41. LS Fill Manhole with Concrete; Reform Base; Plug Qutlet "�' � / sue Dollars $ ew. as ,�� $ 3 DDD, Oo CCnts Lump Sum 42- LS Abandon xisung Sewer (� d Dollars S 3 , qO S Cents Lump Sum 43. LS Modify C.S.D. Manhole / .dtr (� Dollars $ 3iL.40 $ Cents Lump Sum 44. 18 Each Remodel Existing Sewer ^� Dollars $ , oo $ Cents Each 45_ 2,845 L.F. Remove Existing Sewer Lines CAD � Dollars $ 7 pp S i9 9/.S, Cta Cents per L.F. C-6s CASH CONTRACT 907 Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 46. LS Traffic Control (�114 0 Dollars 2d�Il�,no $DiA,yO Cents Lump Sum TOTAL AMOUNT BID IN FIGURES: $ l d 0 7 06,1- o v TOTAL AMOUNT BID IN WORDS: S , x Owe do (441 C-7s CASH CONTRACT 907 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 850 Item Esumated Rent with unit price Unit Price Extended No. Quantity written in words Amount 1. LS Mobilization ®_ Ll 41JgA:3dDollars l9 �� CellLs Per Lump Swn 2. 25.305 Remove exisung AC, AB and/or subgrade as SF required ® A/0 Dollars $ eg, $r0 Cents Per Squ& Foot 3. 25.305 Construct P.C-C. pavement section per typical SF Section "A' 2, 75' Dollars >a rat Cents Per Squ re Foot 4. 181 LF Remove existing curb and glitter Dollars Cents Per Linear Foot 5- --1`3iO"SF Construct driven -ay per City of Huntington �j%lo2 Beach Sid. Plan 211 ev Dollars $ 8.00 5 !9 382, Cents Per square Foot 5. 105 LF Construct curb & gutter per City of Huntington Beach Sid. Plan 202 Dollars ®� S 25 $ 2 �O ZS o0 %w " fl Cents Per Linear Foot C-Is CASH CONTRACT 850 �I Item Estimated item with unit price knit Price Extended No. Quantity written in words Amount 7. 29 EA Remove existing concrete filled pipes (� F Dollars n - Cents Per Each 8. 1 EA Remove existing tree ,,% l'�" le Dollars -t -- q0 Cents Per Each 9_ 34 Ton Construct full depth A-C. 8` thick ® Dollars $ Cents Per Ton 10. 103 LF Construct 10` retaining curb per typical Section B %- ® r Dollars $ 2�• L� $ 2�4�d, op Cents Per Linear Foot 11. 618 LF Remove existing 8" VCP sewer and laterals a , � Dollars $ /d, Cents Per Linear Foot 12. 616 LF Construct 8" VCP per City of Huntington Beach Sid. Plan 502 ® Dollars s 46,eo S 2 649,40 Cents Per Linear foot 13- 44 EA Construct sewer lateral per City of Huntington Beach Sid. Plan 507 / Dollars $ SDv, 00 $ � Cents Per Each C-2s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 14. 2 EA Remove existing sewer rccleanout se ,/ Z"i^'C Dollars a , Qom. G10 � gee, Od O Cents Per Each 15. 2 EA Construct sewer clean -out per City of Huntington Beach td. Plan 508 ® ci�edff Dollars $ Ss;L'� dO $ /j eye"00 Cents Per Each 16. 1 EA Modify existing sewer, drop manhole per City of HuntingtonZStd. Plan 506 (� V Dollars $In Cents Per Each 17. 1 EA Connect sewer pipeline to existing drop manhole ® 4� Dollars $ 9�• $ 90a , Q Cents Per Each 18. 4 EA Adjust water valve box to grade per City of Huntington Beach Sid.. Plan 612 ® 2�O Dollars S 2aO Gb S 804r �aD to Cents Per Each 14. 22 EA Construct 3/4" meter box (for traffic use) per City of Huntington Beach SidPlan601 and adjust to grade rya $ 3e .14W, 40 ® Dollars ' L ? Cents (Per Unit} C-3s CASH CONTRACT 850 lien' Estimated ltern with unit price Unit Price Extended No. Quantity written in words Amount 20. 4 EA Construct 1" meter box (for traffic use) per City of Huntington Beach Sid. Plan 602 and adjust to ade rLCDollars (� r Dollars Cents {Per Unit} 21. 3 EA Remove existing valve box and construct new valve box per City of Huntington Beach Sid. Plan 612 $, as 4KC! 1 /ff _ e Dollars Cents Per Each 22. 842 LF Remove existing water pipeline and appurtenances. See plans for pipe size and type. � Dollars Cents Per Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 water pipeline Dollars $ -30' Pa $ Cents Per Linear Foot 24. 537 LF Construct 6' PVC C900 Class 150 water pipeline ® , Dollars $ 30• en 5 -16i�/4• UD y/ /�0 Cents Per Linear foot 25. 2 EA Construct new 6" gate valve per City of Huntington Beach S . Plan 612 & 614 Z;:;® ^� Dollars $ —f'eW• Ll0 $ �J Cents Per Each C-4s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No_ Quantity written in words Amount 26. l EA Connect 6' P.V.C. pipe to existing 6' A.C.P. with ductile iron adapter per City of H.B. standard plan 614 WI� Dollars Cetlts Per Each 27. 20 EA Construct I" water service wl 3W meter per City o nti Iton B ch td. Plan 601 ® -� • ^� Dollars 2?evO.OD /6, QD4, do $ $ Cents Per Each 28. 4 EA Construct 1" water service w/1" meter Per City of Huntin_tan Beach td- Plan 602 .-ce Dollars $ 900. 40 $ 3 45;cw, as Ajo Cents Per Each 29. 5 EA Construct 2" water service w/2" meter Per City of Huntin-ton Be h Std. Plan 603E ® Dollars $ 2 O&>.00 $ /D1 DlM, 4D Cents Per Each 30- 1 EA Connect 6' PVC C900 to existine 12" ACP ' with 12'xl2'x6" tee ® Dollars S 1i 4i 0D. Cents Per Each 31. 1 EA Remove existing 4" gate valve / .V O&ecl Dollars ® $ Cents Per Each C-5s CASH CONTRACT 850 M Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 32. 2 EA Connect 6` PVC to existing 6' gate valve with ductile iron adapto 14vW e—el Dollars S r , po $ / 4�• 4a Cents Per Each 33. 20 LF Bore 6' PVC C900 under existing driveway ® Dollars 1aB/P11 Cents Per Linear Foot 34_ 1 LS Traffic c ntroI ® de C( Dollars Cents Per Lump Sum TOTAL AMOUNT BID IN FIGURES: I S (p Z 0. Z 57 TOTAL AMOUNT BID IN WORDS: --- rive L!v rj C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class 0�5 6rjc_re.X EL? , 1�0x_ Wa 69Nc- By submission of this proposal, the Bidder certifies: C-4 l . That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person": A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ZDA,-MWP mif�*/ �e_51_ 9,,J7- Title c-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. 'COTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 m COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. L .:f . . ACofintrac r �eS �oiejr tt e C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) < No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Vote: 77zis form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the fork. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORM ATION BIDDER certifies that the following information is true and correct: maer Name ff lVIV-577lO..�. L`- z 5 1& w,' ST- tsusiness Raaress -50N (., UJI, a- 9,10L/o ag r 18� �SZ "Z7c 7 Telephone Number. 53Z & Oc - tate ontractor s License No. and Class uri inat lJate jssuea .Jo-e , 1 a xpiratio Date The work site was inspected by Aof our office on Aa,1 , 19Z/ Ili The following are persons, firms, and corporations having a principal interest in this proposal. C-10 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. � r �Il - Address of Bidder 8/6-:FSZ-Z70 Telephone Number Subscribed and sworn to before me this day of Aubm q-- , NOTARY PUBLI CAROL I. ZASiOUPIL w. 19 008100 of uo�w, W" NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past •o years: I. L- G f -L Name and Address Name and Telephone No. of Project Manager - Contract Amount Type of Work Date Completed 2. Name and Address 3. Name and Telephone No. of Project Manager: Contract Amount Type of WorkDate Completed - Name and Address Name and Telephone No. of Project Manager: T 4 ) Contract Amount Type of Work Date Completed C-11 • Mladen Buntich Construction Co., Inc. Job References Name of Owner Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Mike Markus / (714) 963-5661 Green Acres Reach I - III Central Basin Municipal Water District 17140 S. Avalon Blvd, Suite 2I0 Carson, CA 90746-1218 Attn: Mark Butler, Construction Mgr. / (714) 960-9337 Century Reclamation Schedule I Century Reclamation Schedule III Orange County Sanitation District P.O. Box 8127 10844 Ellis Avenue Fountain Valley, CA 92728-8127 Attu: Tom Dawes / (714) 962-2411 Baker Street Sewer Force Main Memory Lane Los Angeles County Department of Public World P.O. Box 1460 Alhambra, CA 91802-1460 Attn: Keith Lehto I (818) 458-3104 Canyon Storm Drain - Monrovia City of Beverly Hills 333 N. Foothill Rd. Beverly Hills. CA 90210 Attn: Dave Gustayson / (310) 285-2%8 Sunset Blvd Water Transmission Moulton Niguel Water District 27500 La Paz Rd. Laguna Niguel, CA 92677-1098 Attn: Carlo Habash 1(714) 643-2584 Oso Parkway City of San BuenaVentura 501 Poli Street Ventura. CA 93002-0099 Arm: Mark Watkins / (805) 654-7889 Bristol Relief Sewer 25-Jul-94 Type of Year work Amount Work Completed of Project Reclaimed Water 1991-1993 22,251.282 4.097,609 Reclaimed Water 1993 6,387,653 Sewer 1991 6.015,444 Sewer 1993 3,656.604 Storm Drain 1993 4,149,911 Water 1991 2,054,173 Water 1993 4,386,137 Sewer 1994 6,537,026 SECTION D SAMPLE CONTRACT a -Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY :f.1PROVEMIENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) 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 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 S. 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 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24_ NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27 NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6.` agr m-1 owns oV 07l25, S4 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TO`,rti'N LOT ALLEY 1«1PROVEMIENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this day of 19 , 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 Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth Street from Walnut Avenue to Orange Avenue, and be!%veen Third S;rset and First Street from Walnut Avenue to Orange Avenue (CC 907),.and between Alabama Street and the prolongation of California Street from Atlanta Avenue to Chicago Avenue (CC 850)= 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 1 SAMPLE Wa9r llown1otro7126/94 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 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 CONTRACTORacknowledges 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 lob site, and the conditions under which the work is to he 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 Cl T Y. 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 re,:;sions, arr.endmen`s or addenda thereto; 2 SAMPLE 6: agreertowniol.!NiT6.'94 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: 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 "DPV ), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict behveen the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($), as set forth in the Contract Documents, to be paid as provided in this Agreement 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT v:ithin ten (10) working days after notice to proceed is issued and shad d;J-1aently prosecute PROJECT to completion within 3 SAMPLE 6'ag reetlownloU07126.194 One Hundred Thirty -Five (135) working 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. 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 sha!1 cocrdinate its work 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 end 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 io 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 CHANCES 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. S-hould the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing 4 SAMPLE 6' a 9 r ee't own iovo7126194 by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work 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 perfor imance of this Agreement, fumish 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 penlod 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 CON T RACTOR 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 penod, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 5 SAMPLE G o9re Dwri1ot107f26/94 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 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 (S ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to ray said damages herein provided, and furher 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, inc,uding, 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 furher period of time prior to the date of final settlement of 6 SAMPLE 6-1agree_1own1oV07,76.194 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 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 Intent 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 worts 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 7 SAMPLE 5'egree/townl<A/ 7�125/94 Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the 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 8 SAMPLE Slag reeAownioV07126194 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 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. 9 SAMPLE &&grm1&.vnioV07r26/SA 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 attomey 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 of 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 (S100.000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100.000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (5250,000) 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 fumish 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 tames incident hereto, on all operations to be performed hereunder, ceneral liability insurance. including coverage for bodily injury, property 10 SAMPLE 6/a9rW uwn10007/26.'94 damage, products1completed 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 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 (S1,000,000) 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 (S1,000,000) 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 CERTIRCATES 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 ail said policies of insurance. CONTRACTOR shalt pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. 11 SAMPLE 61ag r"AownloV07r16/94 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 Attomey 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 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 12 SAMPLE 61agreeAmnloV07/26194 financial interest in this Agreement in violation of California Government Code sections 1090 of 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 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 13 SAMPLE Wagreertowniot/o7rM 4 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. 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 wntten. CONTRACTOR: By - print nacre ITS: (circJe one) Chairman/President/Vice President By: print name ITS' (circle one) Secre'.ary/Chief Financial OfricerlAsst. Secretary - Treasurer ATTEST: City Cleric REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney r INITIATED AND APPROVED: Director of Public Works 6aownkAn72.1o6AaV94 14 SAMPLE TOWN LOT AND OLD TOWN ALLEY IMPROVEMENTS PROJECT, CC-907 & CC-350 ADDENDUM NUMBER l AUGUST 22, 1994 Notice To All Bidders: The foltowing retiisions/corrections shall be included in the bid documents. 1) Delete bid item it 33, "Bore 6 inch PVC C900 under cxisting driveway", as shown within the Gencr d Bid Package on page C-6s for cash contract No. 850. 2) The Contractor shall remove and reconstruct the existing driveway located between stations 0+20 to 0+30 as shown on slice[ 8 of 8 for cash contract No. S50. Cost for removal of existing driveway shall be included in unit bid item to 'Construct driveways per City of liutitington Beach Sid. Plan 211" (bid item ti5, page C-ls). 3) Bid item No. 5,-Constnuct driveways per City of Huntington Beach Sid. Plan 211" as shown within the General Bid Package on page C-Is for cash contract No. 850 shall be increased from 1310 S.F. to 1762 S.F. 4) The cost for removal of driveways for cash contract No. 850 shall be included within the unit bid item No. 5, "Construct driveways per City of Huntington Beach Sid- Plan 211" (see page C-Is of the General Bid Package). All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate or the Bid Opening datehinic for this project. Should you have any questions regarding this Addendum, please feel free to contact Larry J. Taite, project manager of this office, at (714) 536-5590. City Of Huntington Beach, 1 have reviewed Addendum Number One dated August 22, 1994 I understand that Addendum Number 1 shall be included in the bid docuinenis. l �AQW B,wrrcA (0�5r, Co,J it - ` -- k3 1qI q Company Name By , Date io*d 9Zzts wuT5:6 P66T •Ea onu 0T60 2Sz 816 :01 Smbom D 17and : woad SEALED BID FOR: TCW1 LOT/OLD TOWN ALLEY IMPROVEMENTS OC907 & 850 CITY OF HLINTING`ION BEACH BID DATE: 8/23/94 @ 2:00P.M. OA: U yW�.4 tri J fwY W C.1 � M LAB 11111 �1� 111 1u 1 1 Construction Co., Inc. f flrii General Engineering Contractor 8823 Fenwick Street • P.0 Box 4400 Sunland, California 91040 j, 1 a(. 1� 4I N 1 , I I�. i a� CITY DF HUNTIINGTON BEACH CITY CEn SECCR b FLJMR 2000 !MAIN SPREFT HUNT GIM BEACH, CA. 92648 4' x T`1 T 74 _ arm II S5 Ln rn C rT. (J� ,II GENERAL BID PACKAGE for the TOWN LOT AND OLD TOWN ALLEY IMPROVEMENT PROJECT, CC-907 Aa'vD CC-850 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTMTON BEACH, CALIFORNIA 92648 BIDS DUE: August 23, 1994 2:00 P.M., 2ND FLOOR - City Clerk's Office $35.00 NON-REFUNDABLE GENFRAL IJID t' 'M 1'l).TE: If there are am> questions relative to this project, please call Larn. Taite at: CITY OF HLNTL\GTO` BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE LNVITL\G SEALED BIDS ............................... A-1 SECTION B V6TRUCTIONS TO BIDDERS ................................. B-1 I. Proposal Forms ....................................... B-1 2. Proposal Guarantee .................................... B-1 3. Proposal Signature ..................................... B-1 4. Delivery of Proposal ................................... B-2 5. Return of Proposal Guarantee .............................. B-2 6.Taxes.............................................B-2 7. Disqualifications of Bidders ............................... B-2 8. Contractor's License Requirement ........................... B-2 9. References .......................................... B-3 10. Listing of Subcontractors ................................ B-3 11. Discrepancies and Misunderstandings ......................... B-3 12. Equivalent Materials ................................... B-3 13. Legal Responsibilities .................................. B-3 14. Award of Contract ..... ......... ........ .. .... .. .. ... . B-4 15. Material Guaranty .................................... B-4 16. Execution of Contract .................................. B-4 17. Submission of Bonds and Insurance .......................... B-4 18. Addenda .......................................... B-5 19. General Bid Table .................................... B-5 20. Construction Management ............................... B-5 8 SECTION C PROPOSAL........................................C-1,2 General Bid Table ....................................... C-3 Bid Schedule (Town Lot, CC-907) ........................ C-Is - C-7s Bid Schedule (Old Town, CC-850) ........................ C-Is - C-6s List of Subcontractors .................................... C-4 Utility Agreement ....................................... C-6 Disqualification Questionnaire ................................ C-7 Compensation Insurance Certification ........................... C-8 Underground Service Alert - I.D. Number ........................ C-9 Bidder's Information .................................. C-10,11 SECTION D Sample Contract ........................................... ffl r Y SECTION A NOTICE INVITING SEALED BIDS for the TO'%N N LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HL`NTLVGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTLNGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects and will receive such bids in the officz :,f the City Clerk. Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on August 23, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available form the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $40.00 non refundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works. 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the Total Amount Bid. A-1 The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 11 day of May. 1994. .Attest: BrockwayConnie Wall ► Kelm • • l • , !Is I! i • A-2 r 0 SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORMS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach. California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited'to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modi ications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in A-riting, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PROPQSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. M I 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for TOWNI LOT/OLD TOWN ALLEY LNlPROVEMENTS,(CC-907 & 850) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. b. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7, pISQUALMCATiON OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal. all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. CONTRACTOR'S LICENSE REQUIREMENT This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section r. f d 10164. 9. REFERENCES All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISTING OF SUBCONTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half or one percent of the Contractor's total bid. 11. DISCREPANCIES AND MISUNrDERSTANDIN'GS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning. he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. UIVAL MATERIAU Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. NfATER)<AL GUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. EXECUTION OF CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. SUBNIISSION OF BONDS AND INSILTRANCE The successful bidder will be required to furnish the necessary bonds and insurance to the r a AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. ADDENDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. GENERAL BID TABLE The Gadder shall complete each individual bid schedule. The Amount Bid, in figures for each schedule, shall be copied to the General Bid Table, on the following page, and placed in its appropriate location. When the General Bid Table is completed, the bidder shall sum the Amount Bid column to determine the Total Amount Bid for both schedules. This Total Amount Bid will be used for the basis of award. 20. CONSTRUCTIGN MANAGEMENT The Contractor to whom the award is made, shall adhere to the Construction Schedule as herein provided. However, the Contractor may propose a new schedule for review by the AGENCY. If found acceptable, the AGENCY will issue a written statement of approval to the Contractor. Both alley projects shall be managed, constructed, and accounted for as individual projects adhering to all conditions and requirements as set forth by each respective project specification. MR r SECTION C PROPOSAL for the TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS CC-907 & 850 in the CITY OF HUNTINGTON BEACH TO TIEE HONORABLE MAYOR A.ND MEMBERS OF THE COUNCIL OF HUNTII\'CTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the number of working days set forth by each respective project specification starting from the date of each respective Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and maybe readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, C-1 6 the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6101?d's 60,ul in the amount of S 10°l dF A94D which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature Q�tl E Z 2 9 C-z BID C.C. SCHEDULE No. PROJECT NA-N E AMOUNT BID C- I s / C-7s 907 TOWN LOT ALLEN' C-is / C-6s 850 OLD TOWN ALLEY 3�5 391 TOTAL AMOUNT BID: $ 3 7 3 7 TOTAL AMOUNT BID IN WORDS: f/ G ✓4� � n � sf��r.i C-3 GENERAL BID TABLE BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity %Titten in words Price Amount 1. L.S. Clearing and Grubbing ` l 7� / ' f Cents Luntp Stun 2- 1,917 Unclassified Excavation C.Y. �l�,•a.� - �.c.,C 25 o $ �7�/ S ~ Dollars s Cents Per C.Y. 3. 1.684 PCC pavement C.Y. �( e 1.,�fy s 1��,, 1 20, 5 �. ®&tA Dollars � $ Cents Per C Y- 4. 40 Tons Deeplift asphalt ='Z 3' ® Dollars $ $ .. — Cents Per on 5. 5,596 PCC alley approach � f 3�� (c� - ---- -- Dollars S S -440 Cents Per S.F. 6. 1,796 PCC Sidewalk s.F. 538� ® Dollars $ � $ - "Cv Cents Per S.F. 7. 169 PCC Curb and Gutter L.F. - Dollars $ [� �1t8 Cents Per L.F. C-1 s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 8. 164 8" Narrow Trench Drain � / $ @ _ Dollars $ �" ✓_ a Cents Per L.F_ 9. LS Trench Shoring � LS 2� O Dollars $ $ a= . _ ... Cents Lump Sum 10. 6 Each Remove Fire Hydrant Assembly 30 OP ®,c11..�D Dollars $ S Cents Each 11. 7 Each Fire Hydrant Assembly as $ w $ /7 = ®J Dollars Cents Each 12. 3.580 8" PVC, Class 200 L_ F. 1 4 3 S .0 ® Dollars $ $ Cents Per L.F. 13. 26 L.F. 6" PVC, Class 200 _ � ® Dollars $ S Cents Per L_ F. 14. 14 Each 8" Gate Valves ��j � "' 0&a Dollars $ 30 AV $ , r}db p "-.--r-Cents Each 15. 1 Each 8" x 8' z 8' ee 00 ® Dollars S �d Cents Each C-2s CASII CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 16_ 112 Each l' Water Service with 314" Meter ®S:4 Dollars 5 6 70 $ 72t% Cents Each 17. 29 Each 1' Water Service with 1' Meter" Dollars $ 760 $ '-2'�l 0 9 Cents Each 18. 1 Each 8' x 12' x 12' Tee %�tth 2-12' Gate Valves and 2- 122" Reducers .x�8" &ty-t Dollars / $ t0% $�o roe �- - Cents Each 19. 1 Each 6" Hot Tap and 6' Gate Valve ® Dollars $ /7ffJ $ 1706( Cents Each 20. 10 Each 8" - 45° Elbow Dollars y $ $ Cen�s Each 21- 11 Each Plug Exist Main 1_ ® t Dollars 4V $ v r 5 - mod Cents Each 22. 1 Each 8' x 12' x 12" x 8" Cross and 2 - 8- Gate Valves, 2- 12" Gate Valves with 2- 12' x 8" Reducers ® t.,,- *6`Q Dollars $ QUO $ � K� --W-e -- Cents Each C-3s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended No. Quantity written in words Price Amount 23, 4 Each 2' Water Smice with 2" Meter ® " X� P Dollars $ J "0 $ Cents Each 24- 1 Each 6" PVC Connection to 6" AC l !� Dollars L, ,. " ao $ �QO - so $ OOa — a 11,44 Cents Each 25. 4 Each 8" PVC Connection to 8' AC ® -� Dollars q 5 �2,O Cents Each 26. 2 Each 8" PVC Connection to 6" Cast Iron l -Q Dollars dv $ b $ ® &7/00 -4.46 - - Cents Each 27. 2 Each 8" PVC Connection to 8" Cast iron 2.— r Dollars $ $ 6 Cents Each 28. 26 Each New Meter Box for 3/4" Meter and Adjust to Grade Dollars y CO $ _,,'t'a Cents Each 29. 3 Each New Meter Box for I' Meter and Adjust to Grade J® o Dollars $ a J $ O ve f -:I! Q Cents Each C-4s CASH CONTRACT 907 item Estimated item with unit price Unit Extended No. Quantity written in words Price Amount 30. 1 Each New Meter Box for 2" Meter and Adjust to Grade �Q 14, 4 1 1. 45A Dollars $ 3 3,7OU $ .3.3Q a. —a— Cents Each 31. '_ Each 8' PVC Connection to 6' AC � /OZ-010 A&Aj Dollars $ $ ,mod Cents Each 32. - 9 Ezch Adjust Gate Valve Cover to Grade axe � Q cn ® ►Uu Dollars $ $ Cents Each 33. 3,874 8" Extra Strength VCP L.F. Dollars S $z fS 83 ,tea Cents Per L.F. 34. 8 10" Extra Strength VCP _ A!±, $ $ ® Dollars Cents Per L.F. 35. 2,178 4' VCP Lateral ® �� f� Dollars $ I:f*Y -.2 Cents Per L.F. 36. 2 Each Sewer Clean -Out 4,11J Dollars $ g �CIC1 Cents Each 37_ 5 Each Core Drill Existing Manhole (� Dollars $ $ Cents Each C-5s CASH CONTRACT 907 Item Estimated Item with unit price Unit Extended Quantity written in words Price Amount 2 Each Manhole -� + i-.So''- / / Dollars S _ ,/- $ 74y @� C�d Ceins Each 1 Each DropManhole c 300 f ® Dollars $ �'%� CCrltS Each 40. 14 Each Adjust Sewer Manhole to Grade (� Dollars $ Z00 $ 2$aO /ka Cents Each 41. LS Fili Manhole with Concrete: Reform Base; Plue OutletLS /J Dollars $ $ Cents Lump Sum 42. LS Abandon Existing Se °er / � 0 ® �++ Dollars S $ Cents Lump Sum 43. LS Modify O.C.S.D. Manhole - a-, - 01. 40410� Dollars $ Z%�� S 'tom 0P Ana Cents Lump Sum 44. I8 Each Remodel Existing Sewer ® 40f 14,40P Dollars $ $ -PLO Cents c 3� L° 77[/o Each 2.845 L.F- Remove Existing Sewer Lines Qr Dollars $ $ IT45_ � Cents per L.F. C-6s CASH CONTRACT 907 Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 46. L_.S Traffic Control Dollars S OG S D ..4JW Ceres Lump Sum TOTAL AMOUNT BID IN FIGURES: $ �'eD TOTAL AMOUNT BID IN WORDS: V 1 C-7s CASH CONTRACT 907 BID SCHEDULES PROJECT BID SCHEDULE CASH CONTRACT 850 Item Estimated Item with unit price Umt Price Extended No. Quantity written iu words Amount 1. LS Mobilization ® mil- �� lrl? 'liars 00 OW Cents Per Lump Sum 2. 25,305 Remove existing AC, AB and/or subgrade as SF requi red Q Dollars d Cents Per Square Foot 3- 25,305 Construct P.C.C. pavement section per typical SF Section 'A" Dollars f!O $ w $ z Cents Per Square Foot 4. 181 LF Remove existing curb and gutter Dollars S� c0 $ 3G Cents Per Linear Foot 5. I*W SF Construct driveway per City of Huntington 1'1(02 Beach Std. Plan 211 iGl7 � ®�� _ Dollars $ _9 Cents Per square Foot b. 105 LF Construct curb & gutter per City of Huntington Beach Std. Plan 202 0 - Dollars $ ZZ $ 3/0 7411Q Cents Per Linear Foot C-Is CASH CONTRACT 850 Item Estimated item with unit price Unit Price Extended No. Quantity written in words Amount 7. 29 EA Remove existing concrete filled pipes Dollars -OP u, 3 s !:2' CC11CS Per Each 8. 1 EA Remove existing tree �� / a LLAC L 11 "u «GY Dollars 2 � C& 5./ to � 3Sb' �Q cents Per Each 9 34 Ton Construct full depth A - 8' thick Dollars a $ % ® $ Cents Per Ton 10. 103 LF Construct 10' retaining curb per typical Section B ® 1 Dollars �R 0o $ ! 0 ' cs, S ._ —rI0 Cents Per Linear Foot 11. 618 LF Remove existing 8' VCP sewer and laterals ® Dollars J p _w $ fp $ _37o 0 1-0-0 Cents Per Linear Foot 12. 616 LF Construct 8' VCP per City of Huntington Beach Sid. Plan 502 -^-� Dollars $ - - -- $ Cents Per Linear foot 13. 44 EA Consu-uct sewer lateral per City of Huntington Beach Sid. PI 507 ..� � to Dollars $ 7(00 ® Cents Per Each C-2S CASH CONTRACT 850 Item Estimated Item 1,14th unit price Unit Price Extended No. Quantity written in words Amount 14. 2 EA Rcmovt existing sewer clean -out QDollar; el S A o0 S $00 � Cents Per Each 15. 2 EA Construct sewer clean -out per City of Huntington Beach Std. Plan 508 Dollars $ 1006 � S 2-000 � _I*W Cents Per Each 16. 1 EA Modify existing sewer, drop manhole per City of Huntington Beach Sid. Plan 506 Dollars $ S Cents Per Each 17. 1 EA Connect sewer pipeline to existing drop manhole ® u Dollars co S - cry Cents Per Each 18_ 4 EA Adjust water valve box to grade per City of Huntington each Sid. Plan 612 z4aw Dollars W $ �O S Cents Per Each 19. 22 EA Construct 3/4" meter box (for traffic use) per City of Huntington Beach Std.Plan 601 and adjust to grade 1 4- S 2,3O cO $ _4Z YIPO uo (� Dollars Cents Per Unit) C-3s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No Quantity written in words Amount 20. 4 EA Construct 1" meter box (for traffic use) per City of Huntington Beach Std. Plan 602 and adjust to grade $ �U 4W $ �or 11 1 11,, �t*'d ® r*�'"`� Dollars Cents (Per Urut) 21. 3 EA Remove existing valve hox and cori<ctruct new valve Nix per City of Huntington Beach Std. Plan 612 $ 3� !n $ _ /D ri `f ® 14-r►" �`s""Dollars Cents Per Each 22. 842 LF Remove existing water pipeline and appurtenances. See plans for pipe size and type. 64V Dollars 1J1�1 Cents Per Linear foot 23. 305 LF Construct 6" PVC C900 Class 200 ,water pipeline 27 4 Dollars $ $ Cents Per Linear Foot 24. 537 LF Construct 6" PVC C900 Class 150 water pipeline %�� r ' L $ � ' ® _ Dollars S Cents Per Linear fort 25. 2 EA Construct new 6` gate valve per City of Huntington Beach Sid. Plan 612 & 614 @ a4�A4 / Dollars $ 730 a $ /A;o ' �._. Cents Per Each C-4s CASH CONTRACT 850 Item Estimated Item with unit price Unit Price Extended No. Quantity %k itten in words Amount 26. 1 EA Connect 6' P.V.C. pipe to existing 6" A.C.P. with ductile iron adapter per City of H.B. standard plan 614 (ta'i 1-sy -T - Dollars /nw _ Cents Per Each 27. 20 EA Catutruct 1' water service w/ 314- meter per City of Hu u inszta Beach Sid. Pan 601 a Dollars $ Cents Per Each 28- 4 EA Construct I" water service wl1' meter Per City of Huntington Beach Sid. Plan 602 Dollars $ 7 $ /m _ Cents Per Each 29_ 5 EA Construct 2" water service c02" meter Per City of Huntington Beach Sid. Plan 603B Dollars S Zs�d cc S 12 3?ao Cents Per Each 30. 1 EA Connect 6" PVC C900 to existing 12" ACP with 12'xl2"x6" tee S 700 -� Cents Per Each 31. 1 EA Remove existing 4" gate valve Dollars ��v S �f�� 0L ./tom Cents Per Each C-5s CASH CONTRACT 850 lien Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 32. 2 EA Connect 6` PVC to existing 6' gate valve with ductile iron adaptor / e n @ �� ZDollars S v00 ct� $ 3Zoa ,.a:1L Cents Per Each 3- 20 F Bore - PV C90 ndeXxis( g dri way ® D tars nts Per near F t 3 i. 1 LS Traffic control Dollars Cents Per Lump Sum II TOTAL AMOUtiT BID IN FIGURES: I S 39;z ,,90 11 TOTAL AMOUNT BID IN WORDS: y C-6s CASH CONTRACT 850 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor and Address Stare License Class of Work .Number �- By submission of this proposal, the Bidder certifies: C-4 t 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 i UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, (}(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qual:fied Person": A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: $ 23 194 C-6 A - 2, VAP-D j .rae.. ontr r Y Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified. removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 CUMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been a%varded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: - ----- $ f Z311 -- -T. A 21VARp Z'Nc ontractor y ` Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Y Title Date: Note: This fornt is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: T. H. QW40,D -x7,uc. Bid er Name R $ S4 J LheUPA �D business Aaaress � 360, 45& Telephone Number 377 State Contractor's iceqse No, and Class 23 / IF 7 rrgin ate Issued Expiration Date The work site was inspected by r - 4 12-tyA4Z of our office on 8//& , 19 W The following are persons, firms, and corporations having a principal interest in this proposal: _A j2tu�2 A jet - Scur,- I kzC;q-s C-10 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. T: A vralQn mac. ompany VA tgnature of Bidder 7- A F.IVAaZiQESr p�vY Printed or Typed Signature 9obY -i fAwea JQD. I �2_� ✓Cei ac, C,# 9-ISO Address of Budder Telephone Number Subscribed and sworn to before me this 23 day of 4Lie-,,r7-, 1954. NOTARY PUBLI Listed below are the names, address and telephone numbers for three the bidder has performed similar work within the past two years: ON offrcuw sM Com r.ssicr Expires May 11. 19% —PL- E I4S c sed A Tmc�gP Y7%4 ron ecr~ o f E CE Name and Address Name and Telephone No. of Project Manager: _ _ ( J Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: �. ontract Amount Type of Work Date Cornplete3 3. Name and Address Name and Telephone No. of Project Manager- ( � Contract mount Type of Work Mitt complele IMF SECTION D SAMPLE CONTRACT -Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) 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 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 1 i. LIQUIDATED DAMAGES/DELAYS 5 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QU NTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMILESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6.fagree7ownloV071-26.S4 Sample CITY FUNDED CONSTRUCTION CONTRACT BE70JEEN THE CITY OF HUNTINGTON BEACH AND FOR TOWN LOT ALLEY IMPROVEMENTS (CC 907) AND OLD TOWN ALLEY IMPROVEMENTS (CC 850) THIS AGREEMENT, made and entered into this day of , 19 , 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 Town Lot Alley Improvements between Seventh Street and Sixth Street, from Pacific Coast Highway to Acacia Avenue and between Sixth Street and Fifth 'Street from Walnut Avenue to Orange Avenue, and bet.veen Third Street and First Street from Walnut Avenue to Orange Avenue (CC 907),.and between Alabama Street and the prolongation of California Street from Atlanta Avenue to Chicago Avenue (CC 850), 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 iitems, 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, 1 SAMPLE 61a Qr ee0own1otl07[26f94 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 bome 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 ss i 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, direc;;y 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; 2 SAMPLE F,49 rmil own;oVC 7,76.94 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 promulga!ed by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the Califomia 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 "DP'Ar ), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall d;ligently prosecute PROJECT to completion within 3 SAMPLE 6'a9redl ownioV07r28.+94 One Hundred Thirty -Five (135) working 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. 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 incidah'.al 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 tlhe 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 4 SAMPLE 6•a g r een awn; aV0 7,26r94 by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or fumished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. IVTY�does not warrant that the work will be available on the date the Notice to Proceed is issued. In evert 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- 5 SAMPLE bra g r f e.1 own bvo 7 r16,S4 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 ail taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. ,1. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 neglicence 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 6 SAMPLE brag reed wvnlor✓07,261GA 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 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 % drkeis, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in *.he event of a lockout by CITY, then the time herein faxed 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 Grim 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 7 SAMPLE 6-'ag r eeRownloU07r26194 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 aiven the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13, VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to thr 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 fisted 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 tine 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 8 SAMPLE 5%a@ reeAownioJ07t76'Sd 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 perfr;r,-ed 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. 9 SAMPLE 8/agree4owniov07126/94 Y 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 oiA of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sore 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 (S100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S ,00,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) 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 WagrWownloV071'26194 10 SAMPLE 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 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during -he life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined singe 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. 11 SAMPLE 6ragreeftwruoVO 26194 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 Attomey 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 Agreemant 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. DISPCSITION 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 emplcy 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 12 SAMPLE 6-'agreelownW07,26W94 financial interest in this Agreement in violation of Califomia Government Code sections 1090 of 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 Doilars (S100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 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 13 SAMPLE 61agreenown►ot10706r94 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_ 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. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst_ Secretary - Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney r ��' i 6 C5 INITIATED AND APPROVED: Director of Public Works 14 SAMPLE E:!own1ot13725f0610 S4 T. A. RIVARD, INC. - Statement of Experience NO. OWNER DESCRIPTION AMOUNT CONTACT No. CONTACT NAME COMPT'D. 1053 U. S. NAVY SPRINKLERS $240,135, 619 368-6208 JUN-86 1054 CITY OF ONTARIO WATER $289,558; 909 391-2530 _ MAR-86 JOHN SCHATZ_ JUL-86 SEP-86 JOHN SCHATZ j JUL-86 1056 JURUPA COMMUNITY SERV, DIST. MARYGOLD MUTUAL WATER DIST. GRADING $321,7901 909 685-7434 1057 WATER LINE $336,786; 909 877-0516 1058 JURUPA COMMUNITY SERV. DIST. WATER LINE $288,827 909 685-7434 1059 CITY OF ONTARIO WATER LINE $294,7591 932,2641 $252,0001 $2,229,0181 9O9 391-2530 (909) 735-3900 909 685-1521 (909)685-7434 _ _ NOV�6 1061 CITY OF NORCO WATER & SEWER APR-08 1062 ORCO BLOCK COMPANY JURUPA COMMUNITY SERV. DIST. WATER LINE WATER LINE , _ I JOHN SCHATZ OCT-86 _ FEB-88 1 1063 1064 HERITAGE VILLAGE - FONTANA WATER LINE $992,762 909 899-2581 1 MAY-88 1065 10-90 LIMITED, C/O FONTANA W. SAN BERNARDINO CNTY. WTR. WATER LINE $258,954 909 823-4430 1 WES HYLEN SEP-87 15E6$7 1066 WATER LINE $2,410,015 909 875-1804 i 1067 JURUPA COMMUNITY SERV. DIST. IWATER LINE $328,350 $969,758 909 685-7434 ! JOHN SCHATZ 714 680-4995 i ED SILVERI DEC-87 1068 ISILVERI & LeBOUEF - CIO ANAHEIM ISEWER, WATER & STORM DRAIN MAR-89 1069 JJURUPA COMMUNITY SERV. DIST. 'WATER LINE $809,6801 $934,1571 909 685-7434 ; JOHN_ SCHATZ OCT-88 1070 110-90 LIMITED, CIO FONTANA WATER LINE JURUPA COMMUNITY F UN-8—�— 1ATM 909 823- 430 ! WES HYLEN i 90 6 -7434 I _CHATZ 909 685-7434 ! JOHN SCHATZ OCT-88 1071 2,22 , 1 SEP-88 1072 JURUPA COMMUNITY SERV. DIST. (WATER LINE $469,761 APR-09 1073 HERITAGE VILLAGE - FONTANA I WATER LINE 98,5431 909 899-2581 I NOV-88 1074 10-90 LIMITED, CIO FONTANA WATER LINE $412,781 I 909 823-4430 ; WES HYLEN JUL-89 1075 CITY OF REDLANDS WATER LINE 37,995 (909) 798 7551 DENNIS RYAN NOV-88 1076 U. S. FORESTRY DEPARTMENT CAMPGROUND IMPROVEMENTS 1,052,688: 909 383-5571 JUL-89 1077 CRESTLINE - LAKE ARROWHEAD WATER LINE $29,4551 pq 3381779 ; ROXAN_NE HOLMES DEC-08 1078 CITY OF ONTARIO WATER LINE $674,302 909 391-2528 FERNANDO COBOS APR-89 1079 SANTA ANA WATER SHED PROJ. WATER LINE ,000 909 785-5411 JIM BUNTS MARa 1080 1081 HERITAGE VILLAGE - FONTANA CITY OF RIVERSIDE WATER LINE WATER LINE $472,673*(90D99) $707,00082-5285 99-2581 I CRAIG DICKEY RICK DROBEK MAY-90 AUG-89 1082 ROBERTSON'S READY MIX SEWER & WATER RELOCATION $107,00085-2200 ERIC TRABOULAY MAY-89 1083 SANTA ANA WATER SHED PROD. WATER LINE $397,7641 909 785-5411 JIM BUNTS OCT-89 1064 SANTA ANA WATER SHED PROD. WATER LINE $677,777 909 785-5411 KIM BUNTS NOV-89 1085 JURUPA COMMUNITY SERV. DIST. SEWER & WATER LINES $200,720 909 685-7434 JOHN SCHATZ JUL-89 1086 RIVERSIDE HIGHLAND WATER CO. ,WATER LINE $472,010 909 825-4128 GENE McMEANS OCT-89 1087 SAN GABRIEL VALLEY WATER CO. ;WATER LINE ! $556,400 818 448-8183 FRANK LOGUIDICE FEB-90 1088 10-90 LIMITED, CIO FONTANA ,SEWER LINE $331,410 909 823-4430 WAS HYLEN DEC-89 1089 JURUPA COMMUNITY SERV. DIST. WATER LINE R $767.311 909 685-7734 JOHN SCHATZ FEB-90 1090 WESTERN MUNICIPAL WATER DIST. WATER LINE $981,727 909 780-4170 TONY BURGERR NOV-89 1091 RIVERSIDE HIGHLAND WATER CO. WATER LINE T $202,585 909 825-4128 GENE McMEANS NOV-89 - T. A. RIVARD, INC. - Statement of Experience NO. OWNER DESCRIPTION AMOUNT CONTACT No. CONTACT NAME COMPT'D. 7M2 CITY OF RNERSIDEI 1093 JURUPA COMMUNITY SERV. DIST. WATER LINE $88,086 909 685-7434 JOHN SCHATZ DEC-89 1094 CRESTLINE - LAKE ARROWHEAD WATER LINE $158,351 I 909) 338-1779 ROXANNE HOLMES OCT-90 1095 THE LUSK COMPANY WATER LINE $770,711 ROBERT STEWART JUN-90 1096 CIO RIVERSIDE - MISSION GROVE SEWER, WATER & STORM DRAIN $1,644,444 909 782-5341 MIKE KATUSIAN MAR-91 1097 JURUPA COMMUNITY SERV. DIST. WATER LINE 1,065,879 909 685-7434 JOHN SCHATZ JUL-90 1098 1st CITY PROPERTIES, FONTANA STORM DRAIN $1,795,000 90L9). 899-1056 MELANIE TINSLEY JAN-92 1099 SAN GABRIE -VALLEY WATER CO. MISC. ANNUAL CONTRACT 222,900 818 44MI83 FRANK LOGUIDICE NOV-91 1100 JURUPA COMMUNITY SERV. DIST. SEWER LINE $48,000 909 685-7434 JOHN SCHATZ JUL-90 1 1101 EAST VALLEY WATER DISTRICT SEWER & WATER LINES $2,300,000 909 889-9501 BOB MARTIN OCT-92 1102 SANTA ANA RIVER WATER CO. WATER LINE $127,505 909 686-1070 DAVE ALGRANTI OCT-90 1103 JURUPA COMMUNITY SERV. DIST. WATER LINE $1,102,626 (909) 685-7434 JOHN SCHATZ APR-91 11104 CREATIVE COMMUNITIES SEWER, WATER & STORM DRAIN $313,333 909 8234450 JERRY ROSS APR-91 1106 SANTA ANA RIVER WATER CO. FIRE HYDRANTS 30,138 909 686-1070 DAVE ALGRANTI NOV-90 1106 ICALLEGUAS MUNICIPAL WATER WATER LINE $1,209,501 805 526-9323 JIM HUBERT JUL-91 1107 1 SANTA ANA RIVER WATER CO. WATER LINE $19,200 (90� 685-6503 A- OLD RODRIQUEZ NOV-90 1108 JURUPA COMMUNITY SERV. DIST. WATER LINE $478,451 909 686-1070 BILL MALONE SEP-91 1109 JURUPA COMMUNIV SERV. DIST. WATER LINE $418,226 909 686-1070 DAVE ALGRANTI AUG-91 1110 CITY OF LOMA LINDA WATER LINE $548,888 909 799-2844 DENNIS BARTON SEP-91 1111 CHINO HILLS WATER SERV. DIST.#8 WATER LINE $1,758,000 909 888-1401 LON TSAI FEB-92 1112 JARROWBEAR PARK WATER DIST. WATER LINE $777,111 909 867-2704 RICHARD WYMER MAY-92 1113 JURUPA COMMUNITY SERV. DIST. SEWER, WATER &STORM DRAIN $2,998,947 909 686-1070 BILL MALONE JAN-93 1114 JURUPA COMMUNITY SERV. DIST. WATER LINE $140,226 909 6W-1070 BILL MALONE OCT-92 1115 WALNUT VALLEY WATER DIST. WATER LINE $6,842,859 213 245-5785 SILL INGLESBY JAN-93 1116 1st CONGR. CHURCH OF L. A. WATER LINE $490,712 818 594-5900 DICK YALE JUL-92 1117 EASTERN MUNICIPAL WATER DIST. WATER LINE $1,795,432 Wl) 925- 8i6 LANCE JOiiANNSEN MAIf 94 1118 JURUPA COMMUNITY SERV. DIST. WATER LINE 16,690 909 6WI070 BILL MALONE OCT-92 1119 SANTA ANA RIVER WATER CO. WATER LINE $194,320 909 685-8503 ARNOLD RODRIGUEZ JAN-93 1120 GITY OF CORONA SEWER, WTR., S.D. & STREET IMPROV. $4,095,730 909 371-1470 VIRE SHAH APR-94 1121 CITY OF HUNTINGTON BEACH SEWER, WATER & STREET IMPROV. $3,685,781 14 536,5524 TONY FOLARON JUL-94 1122 FALLBROOK SANITARY DISTRICT WATER LINE $64,067. 619 %5-0922 BERNARD PYSKA IN PROGRESS 1123 CITY OF RIVERSIDE TUNNEL CLEAN OUT $118,375 909 782-5304 RICHARD DROBECK MAY-93 1124 EERN MUNICIPAL WATER DIST. AST SEWER LINE ,630,000 909 925-7676 OM AMOTTE APR-94 1125 RIVERSIDE COUNTY FLOOD CNTRL. CHANNEL DEBRIS REMOVAL $333,000 909 275-1288 COEN COUWNBERG MAR-94 1126 WALNUT VALLEY WATER DIST. RECLAIMED TRANSMISSION MAIN $371,2281 (90g)595-1268 SRYAN LEWIS IN PROGRESS TOWN LOT .AND OLD TOWN ALLEY IMPROVEMENTS PROJECT, CC-907 & CC-850 ADDENDUM NUMBER i AUGUST 22, 1994 Noticc To All Bidders: The follouyng revisionslcorrecdons shall be included in The bid document& 1) Delete bid item # 33, "Bore 6 inch PVC C900 under existing drivowa}', as shown within the General Bid Package on page C-6s for cash contract No. 350. 2) The Contractor shall remove and reconstrurt the existing driveway located between stations 0+20 to 0+30 as shown on sheet 8 of 8 for cash contract No 850. Cost for renwval of existing driveway shall be included in unit bid item to "Construct driveways per City of Huntington Brach Std. Plan 211" (bid item 05, page C-Is). 3) Bid item No. S, "Construct dnveways per City of Huntington Beach Sid. Plan 211" as shown within the General Bid Package on page C•Is for cash contract No. 850 shall be increased from 1310 S.F. to 1?62 S.F. 4) The cost for removal of dn-.-eways for cash contract No. 850 shall be included within the unit bid item No. 5, "Construct drive-ays per City of Huntington Beach Sid. Plan 211" (see page C-Is of the General Bid Package). All bidders shall acknowledge the receipt of thus nddesidwu with► thuir bid proposal. These revisions do not change the Engineers Estimate or the Bid 0pcning awc/time for this project. Should you have nny questions regarding this Addendum, plmse feel free to contact Larry J. Taite, project inanager of this office, at (7 14) 536-5590. City Of Huntington Stuh, u 1 have reviewed Addendum Number One dated August 22. 1994. I understand that Addendum Number 1 shall be included in the bid documents. -r- A - 21 Company Name I 8I Z 3l 4 q By-rA, 21✓Ae!O, f2C�S Date To ' d 66?v wti82 : 6 PEST ' ea 8rlt 1198 OSE 686 : Ol sx>—om o I —$r d : wCa j T. A. RIVARD, INC. 8884 JURUPA ROAD j RIVERSID€. CA 92509 , TO: CITY OP HUNTINGTON BEACH City Clerk, Second Floor 2000 Main Street Huntington Beach, Ca. 92648 BID DATE ARID TIME: Aug. 23, 1994 at 2c00 PM BID NAME: Town Lot/Old Town Alley Impvt. CC-907 & 850 J" "t-OWN LOT AND OLD TOWN ALLEY IIt1PROVEMENT5 PROJECT 81D OPENING . AUGUST 23, 1094; 2!00 PM TOWN LOT ALLEY CC-907 (1of 21 No. item Description Quan Unit En�rems esthrnat• Total Unit Price Amount ANCO Construction Co. Total Unit Price AmouM Peter ;ArturkovIch Total Unit Amount Steve 8ubailo ConstTotal Ta1al Unit Price Amount lean ru i2 Unciawd�edEkcavatrnn 1.917 CY $1500 S26.75500 $15DO $28.755D0 S34,5M00 $6000 $115.02000 3 PC C pavement 1,684 C Y 5100 00 5168.40000 S7400 5524.516 00 $ 5245.864 00 $127 00 5213.868 DO 4 Deep1A1 asphalt 40 TON I S32 00 $1.260 00 S50 DD S2.00000 SW DO $2.000 DO S50 DO S2.D00 00 5 PC C aaey approach 5 596 S F S4 00 S22.384.OD $2 00 S11.192 00 S7.00 539.172 00 S4 0D 572.381 D0 5 PC C Sa9ewalk 1.796 S F S3 DO S5 388 00 S2 50 S4.490 OD S6 00 $10.776 DO S2 00 S3 592 00 7 P C C Curb andGuner 169 LF $1200 S202600 SID00 $159000 S3000 S5.07000 S1,400 S2,36600 6 8' ;Jarrow Trench Drain 164 L F S50 DD S9 840 DO S100 00 S 16 400 DC S40 CC S6 %0 Da S70 00 S1'. 48C 00 9 Trench Shonn; 1 L S S12.00000 S12 000 DO St0 ODD 00 51000000 55 000 DC S5 ODD 00 S27,896 00 S27.896 00 ',0 Remove Fire Hydrant Assembly 6 EACH S400 DO 52 400 00 S500 00 S3 000 00 S300 DO Si.800 DO S300,00 $1 80000 1 1 I've Hvdr3nl assemNy 7 EACrt 1 S2.00000 Si4 000 00 s 2, 2DO 00 S15 4W 00 $ 2.000 00 S14 000 00 S 2 000 OC S 14 coo 00 ,2 6-PVC Class203 3.590 L F S35.00 S12530000 14200 S15025000 S3000 S*07.400DO 143,00 S153.S40DO '3 6- PVC 03ss20C 26 LF. S35,00 S9,000 $4000 S104000 53000 S1?0000 14000 S104000 8 Gate Valves 14 EACH sso000 517'ooY S450.CO 55.a 00 l7C0;1C Se.80003 S5CO.CC S7000DO 15, 8' x 8' x 8- Tee 1 EACH $45000 S45000 $20000 520000 $50000 S5D300 S300.00 S30000 16 1Water Service with 314' Meter 112 EACH s-0000 5--6.0030 $50000 556 000 00 S300,00 S326D000 s450.00 S50400DO 17. 1" Water Service witn 1 rvieter 29 EACH $50000 S1i.40000 $55000 S1555000 5 250.OZ. S10i5000 S52500 $15225OD 18 8" x 12' x 12' Tee wake 2-12' Gate Valve and 2- 12' x 8' Fieducer5 1 EACH S2.500 v0 S2 55-- 00 S3, 5w0 OC S'_ 5 C OC. S4.500 00 54 50, G7 13,20: 00 S3 20; OC 19 6' Hot Tab and 6' Gate Valves t 1 EACH 32.500 00 S2 50000 S2.500 00 $2 5CC Dr, St.500 00 51 50ODD 11,800,0o S',80000 20, 8'-45deg Elbow 10 EACH 1250,00 S2.50000 s200.00 S2000Do 1t5000 51.500DO $22500 S2.25000 21, Plug Exist Main 11 EACH 1300,00 S330000 5150.00 S.6y000 $5000 S`_5000 $20000 S2.20000 22 8' x 12' x 12" x 8' Cross and 2. 8' Gate Valves, 2. 12- Gate Valves with 2- 12' x 8 Reducers 1 EACH $3,000OC S3090D0 $4,80000 $4.80000 s5.00000 S5.00000 S5.000.00 S5.00000 23, 2" Water Service with 2' Meter 4 EACH S900,00 S360000 $2,000.00 S8.00000 s1.000.00 S4.00000 S2,00000 S6.0DDDo 24, 6' PVC Connection to 6' AC I EACH $1,000,00 $t.00000 52,000.00 S2.00000 $300.00 S30000 $500.00 $50000 25 6' PVC Connection to 8- AC 4 EACH $ 7.200 00 54.8W 00 $2, i00 OD S8 400.00 53DO DD S1.200.00 16D0,00 S2.40000 26 8' PVC Connection to 6' Cost Iron 2 EACH $1.00000 S2ODD 00 s2.00000 $A00000 $800.00 S1.60000 5500,00 $I.ODODO 27, 8' PVC Connection to 8' Cast Iron 2 EACH $1.00000 S200000 $2.10000 $42W00 $300.00 S61D000 11600,00 S1.20000 28 New Meter Box for 314' Meter and Adjust to Grade 26 EACH S2C000 552DC00 110000 $2,60000 $250.00 Se5W00 $100,00 S2.60000 29, New Meter Box for 1" Meter and Ad'vst to Grade 3 EACH 1350 00 S1.05000 $15000 S45000 $300.DO S9000D $150 00 545000 30 New Meter Box for 2" Meter and Adjust to Grade 1 EACH 11500,00 S50000 $20000 S20000 $300.00 S3000D $250,00 S250p0 31 8' PVC Cp=eclionto 6' AC 2 EACH $1.000,00 S2.00000 12.000.DO S4.00000 1800.00 S1.600DID 91,800,Do $3.600DO 32, Ad'uxt Gate Valve Cover to Grade 9 EACH $200,00 $t.80000 17O0.Do S90000 $100.00 S90DDD $100,00 S900DO 33 8' Erna Strength VCP 3874 L S S45 00 $174.33000 $45.00 S174,330Do $37.00 $143.33800 L66 00 $251.810DO 34. 10' Extra Strength VCP 8 L.S 660,00 $480 40 $70.00 S56D DO $60.00 $480 00 $65 GO S520 DO 35, 4'VCP Lateral 2178 LS 125.00 554.45000 $40,00 $67.In00 $30,00 565.3QDo 1170.130 S152.460DO 36, Sewer Clean out 2 EACH $1.000.00 S2,00000 $1,00000 $2.00000 $700,00 S1.4D000 1t,000,DO S2ODD 00 37 Core Drill Exiarting Manhole 5 EACH $1.200.00 S600000 130060 $1.50000 $320,00 S1,60000 $500.00 S2.500.00 38, Manhole 2 EACH $ 3.000.00 $6 000 00 $ 2.300 00 $4.500 00 12.500 00 S5, 000 00 12, 500.00 S5.000 00 39, Drop Manhole 1 EACH 14,000.00 S4.000 00 13.GOD 00 S3.000 00 13,000 00 S3.000 00 15,000.00 SS.ODO 00 d0, Adust Sewer Manhole to Grade 14 EACH $250.00 S3.50000 $150.00 $2.100,00 $100.00 $1,40000 12.00000 528.00000 41. Fill Manhole with Concrew Reform Base; Plug outlet 1 LS. s1,00O.o0 Si.00D00 s2.O0o.00 $2.000,00 $300.00 S30D00 12.70D,00 $2.70000 42. Abandon Existion Sewer 1 L S $3.500.00 $3.50000 14.500 00 S4.50000 $1,000.00 S1,o0D00 11,DOD 00 $1.000,DO 43. Modify O.C,S,D Manhole 1 L S. $5,500.00 S5,50000 02,500,00 W.5WOD 12.ODD 00 S2.00000 12.500.00 S2.50000 44, Remodel Existing Sewer is EACH 1250AX S4,500 DO 15DO.00 $9.000 00 1200.00 S3.600 DO $700.00 $12.600 00 45 Remove EXmLnQ Sewer Lees 7,845 L S #$.Do Si4.225 DO $3 00 $8.535 DO $1 00 S2.845 00 $2.00 S5.6W 00 46. T raft Co vo t L S S3.5W 00 S3.5W DO S5.000 00 1 S5.0D0 00 S5,00000 S5.000, 00 S 1.ODO DO $1.00000 TOTAL TOWN LOT ALLEY, CC-807 (I of 2) S809.912,00 Sam. 33800 S614.751 00 $1.200.441 00 rape r WIL" o IAnbril Corm Total Unit Price Amount Mlramontes Construction Total Unit Price Amount TJL Rlvara, Inc. Total Unit Price Amount Shawnan Cooperation Total Unit Price Amount Williams Supply Company Total Unit Price Amount M.000,00 132,000,00 910.00 $19.1 70.00 $30 DO S57.510 00 $25 00 $47.925 00 SQ 00 $76.660 00 $6 10 $11.693 70 s9O.00 S 151, 560.00 $70 00 St 17,880 00 516000 S269.440 00 $140 00 $235.760 00 $148 00 S249,232, 00 $200. 00 S 8, 000. 00 55000 52.000 00 S1i0 00 S3.200 00 $110 00 S4.400 00 S19O 00 S7.600 OD $5,00 $77.980,00 S5 00 $27.980.00 S4 00 522.384 00 S3 00 $16.788 OD $7,60 S42,529 60 $6 , 00 110. 7 76. o0 $3 00 $5. 386 00 S,300 S5 388 00 53 00 S5, 368 00 S250 S4.490 00 120.00 $3.380.00 S 15 DO S2 535 00 $22 OO $3 716 00 S20 00 S3.380 00 515 DO S2.535 0D s40.00 56.560.00 S25 00 S4 100 DO 570 00 $1 1.460 00 S90 00 S 14.760 00 S45 00 $7.380 03 S 4.000.00 14,00000 SS 000 00 S5.000 00 S2D0 00 S700 00 52. DDO 00 52.000 00 $20.000 OD S20.00000 $400 00 $2,400 00 S330 OD $1 SO0 00 S730 00 S4.380 00 $520 00 S3,720 00 S200 OD S1.200 DO S2,00000 S14.00000 >35W00 524500DO S2.50000 S17.50000 S3.00300 S21.00000 57,`_5000 S17.85000 s30.00 sto7.4oC00 53500 S12530000 1 S35DO $12530000 SE200 S221.W, 00 54000 $1432D000 s 50.00 $1.3OC 00 SW OC 51.55C 00 $44 00 S 1.144 Do S60 OC S 1 560 00 575 00 $1.950 W s7c')Oci $980300 S50000 s ".OX cc 5=3003 S-C22000 $75000 S1050003 550000 t Ss120C^,,I C4'}D CO s4 00.00 F 30O 00 S 300 00 S3o0 DD S360 OO 51 000 DO S. ODO 00 S400 00 S40C 00 5i3: 00 S59,600.00 I SKC 0-3 53;, 600 00 S670 M 575 040 00 Si50 00 S64 DDO 00 SSC2 CC SQ.s- 00 S'. "✓"n 00 S 24.000 00 52 Ow M 557 OD7 D7 S7V Oir S22 040 3.3 S800 00 523.200 W S764 00 S21 73E.0 54 :3 00 54.0-0 00 S3 5}3 0 • 53 600 0: S5 500 00 se.!0x 00 S8.000 X S8 000 00 S5.657 pO SE 6E7 33 S i DDO 00 52.00000 S. EOO Oil 52 50000 S i.700 v3 S;. 700 00 55.000 00 S5 O00 'r- 53.20•D DD S3 20C DD $200 00 S2.00000 5200 DO 52 000 00 S240 00 S2.40O.00 S250 00 S2500 00 S35000 S3 500 DO 5490 00 s4,400.00 52W 03 52 200 DO E220 00 S2 420 •-00 S250 DO S2.750 00 S750 D0 S8,250 00 S5 00 DO $5.000 00 S4 000 0p S4 000 W $7 ODD 00 $7 OOC 00 $a.000 00 S8.000 00 S$.000 00 S6.ODD 00 S2 Ow OD se 00000 S700 00 52 ex 00 1 S2.5O0 00 $10 DOO 00 $2 000 00 S8.000 00 S1.362 OO 55.:26 00 S500.00 $500.00 S3.000 00 Ss 000 DO S2 000 00 $2,DDO 00 S500 00 $500 O0 S 1.435 OO S1.43500 S 5O0 00 s2.000.00 SA. DOO DO S 16 000 00 52.200 00 1 $5.800 00 $700 DO S2.8DO 00 s 1.500 DO S6.000 00 S50O 00 s 1.000.00 $3 000 00 S6 000 oO 52.100 00 $4 200 00 S900 00 S1.800 00 S1.500 DO S3 000 DO 55X 00 S 1,00C 00 $4 000 00 58 ODo 00 S2 2DO DO S4.400 00 S700 00 S1.40000 St 500 00 $3 000 00 $200.00 S 5, 200, 00 $60 OO 51.560 DO S23C 00 S5.98C 00 S200 00 S5,200 00 S175 00 S4 550 00 $300.00 $900.00 $70 DO S210 DO S290 00 S870 DO S250 OO S750 00 S208 00 5624 00 $250.00 $250.00 S 125 DO $125 00 S330 00 S330 DO S40O 00 S4O0 W S280 00 $280 00 S700 00 $1,400.00 $4.000 00 $8.000 DD S2.100 00 S4.2DO.00 S90O DO $I. BW DO $2.600.00 S5.2DO OD S15000 $1,350,00 $15000 S135000 $14000 $1.260OD $20000 S1,BD000 $15000 V.350OD S60 00 $23 2,440 00 $50 00 S 193 700 O0 S41 00 S156.83400 S 105 00 5406.770 00 S85 00 S329.290 DO S2D0 00 $1.600 00 5200 00 $1.600 OD S54 00 $432 00 S 125 00 $1.000 00 S300 00 S2.400 00 S60 00 $130,1580.00 S40 00 $87.120 00 S54 DO S117.612 DO $65 00 $141.570 00 $90 00 $195.020 00 5600.00 $1, 200.00 S 1.100 00 V.200 00 51.00000 S2. D00 00 s 1, 000 00 $2.000. DO $1, 000 O0 S2.000 00 S30O 00 S 1.500 O0 $200 00 S1.D00 W S1.600 OO S8,000 00 5900 00 54.500 00 51.000 00 S5.000 00 S3 DOD 00 $6.000 00 S3.5O0 OD S7,DDO 00 $3.700 00 S7,400 00 $3 SM.00 $7.DW.00 S5.OW OO S10.000 OO S6 000 00 $ 6,000, 00 S5.000 00 S5.D00 00 $6 3DO 00 $6.300, 00 S1.500 00 $1.500 00 S4,6W DO $4.69. 4 00 5500 00 $7, 000.00 5500, 00 S7.ODO DO S20D 00 SUM 00 $w 00 S9.100 00 S250 OD S3.300 00 S3.000 00 S 3.000.00 moo moo $3.000001 S3.001D.00 S3,000 00 $3.000 OO $4.500.00 S4.500 00 S9.00O.00 $ 3.000 00 S2.000 00 S2. DOO 00 $1,t300 0p S1.600 00 S5,ODO 00 SS.000 00 S2.ODO 00 $2.000 OD S3 MO 00 $3.000 00 $2.SM 00 S2 SOD 00 WOO 00 S2.700 00 $4, OW.00 $4,DDO 00 S4.500 DO $4,500 DO 5800 00 $14,400 00 5900 00 S16.2D6 DO S430.O0 $7.740 00 5650.OD St 1.700 OO i5O0 OO $2,000 00 $7 00 $10.915.00 590 00 S85 350 00 $6001 $17.070 00 S3 SO S9.957 50 S15 DO $42.675, 00 52O.OD000 s20,00000 S15.00000 $15.00000 S4.OW WL S4.ODD00 $15,ODDOO St5.00000 S40.DWOD StO.Ow00 S1.007.061 00 $1.051.668 DO S1.D53.987,00 S1,501.893 50 51,314,5917 30 rage c (:)LE) I VYYri ALLLT tit -aw 1LGT LI Rem Description 1. Mobit2atror, 2 Remote emlLr.Q AC. AB andlor subgrade as required 3. Constrlrtd P,C C pavement section per typical Sechon -A' 4 Remove existing curb and LMer 5 Consinict dweway per Cry o1 Huntington Bch Sly 211 5 Conslnrct curb 8 goer per Cl.y of Hurting on Beach Sid 202 7 lRemove existing concrete filled pipes B Remove existing tree 9. conslrU:t iutl depth A C a' thick 10 Construct :M ret3111n; Cu•b pe; Nozal Sea:c'1 9 1 Remove eysii 8-VCn sewer and Ia'era's Cons".rci "o' VCa Der Cw, o: Huai -;,:o- Bea S_ 5O' 13 CpmS; " sewe' W:e'31 : er Crv' Ct Humn-;:-r. S-' c 14 Re,movc! exis;inq sewt' Cie3:,-Oti. 15 Cons;r„cl see, Ctesn-Cut per C4v 01 nuaiir;C� ?er'1 Is'.- P:3:1 5D5 i6 rAoo 1) ex win; Sewer jr= Ma-oe pe- City o 5eac^ S:c o an 5C5 17 Connec: sewer ooeline :c e� stir,^y droo r.an-ricl? 18 Adjust water valve box to r,==e peor Cry of Hsu:,:i:•;on Beach S`d Ran Gt2 i9 Construct 3r4 meter box (tor va'Ir- use) pe• C:'y of H;;ntinz^,;on Beach SIC 601 8 adjust 1C grade 20 Conmru:; r meter lox ("0r tra!frc use) per Cry of Hun;ir.g:0r, Beach S:d Plan 6C2 and adjust to grace 21, Remove exrsting valve box antl consvucl new valve box per City of Huntington Beam SIC Plan 612 22, Remove exist.ng water pipeline and aopurtenancet See pans 'or p:De s ze and lope 23 Consiru:'l 6' PVC CVJO Class 2D3 water pipeline 24 Cnrlsirucl V"PVC C'900 Class 15CI water hDNine 25 Construct new S' Sate valve per City of Huntington Beach Sid Plan 512 8 614 26 Connect 6` P V C pipe to exrsting G' A C P with du:Ule iron adapter De City of Huntington Beech Sid P1ar, 614 27 Cons;rud 1' water terwce wl 314' near per Cey 01 Hu on Beach Std. Plan 601 28 Construct I- water service wl V meter per Coy of Hunlulgion Beech Std Plan 602 29 Consln+cl 1' water sefmce wl 2' meter per City d Huntington Beach SW Plan 603E 30 Conrlecl fi PVC C900 to existing 12' ACP wl 12ir12'W tee 31 Remove a atm 4' gate valve 32 Connect 6- PVC to elosting 6' gate valve wl ductile iron adaptor 33 Traffic control TOTAL OLD TOWN ALLEY; CC -!SO (2o!2) TOTAL TOWN LOT ALLEY; CC407 TOTAL PROJECT COST (CC907-CC850) Total Quart Unit Erie aptkin to TOW Unh Price Amount ANCO Construction Unit Price 1 L S t 50, 000.00 S50.000 00 t 10, 000.00 25.305 S F. $1.00 525.305 00 $ 1.00 25.305 SF, $4,00 $10122000 $2.00 181 L F $6,00 S1,08600 $2.00 1.762 S F. $3.00 S5.2B6 00 $3 50 105 L F S12.00 S 1.260 00 t 10 00 29 EACH S 150 00 S4.350 00 S30 00 1 EACH $ 250, 00 S250 00 S300 00 34 TC>N $40,00 $1,35000 S5000 103 L F $t 0 00 S.. 03300 S 20 00 Et8 -F S2000 S.2.y52D3r S? 00 6t6 L F 45C 00 5-.8000C S4500 --.CH 1 i 50 00 1 000 00 S433.00 2 =NCH 550000 3i.00000 S200.30 ? EACH t JOC 00 S 2 O00 W I S602. 00 1 =aCH S: G 03 K OOG OG S3 00r) 00 1 EACH S15W00 St.50000 S2.DJJ00 4 EACH 525000 S 1.000 00 S t 00 00 22 EACH S4Dc- OG 4 EACH SSW 00 3 EACH $80000 642 L F S20 OC 3v5 L F S50 00 537 L F 1 S5000 0 Total Amount Peter Arturltovich Total unit Price Amount Steve Bubalo Const Total Unit Price Amount $10.000 00 $7.000 00 S7.000 00 1100,000 00 S100.00000 S25.3D5 00 Soso S 12.652 50 12 00 550.610 00 S50.610 00 S4 25 St D7.546 25 1 13.60 S91.098 00 S362 00 $10 00 $1.610 00 $2. 00 S362, 00 S6.167 00 S8 00 S14.09600 $4, 00 S7.048 OD $1.050 00 S20 00 $2 100 00 $14 00 51.470 OD S87000 $300.00 S870000 $5000 S1A5000 530000 S300 00 MD DO S250 00 525000 SI.70000 S5000 1 Si.70000 S5000 Si70DDO S2.05000 S 30 00 $ 3 090 00 S 15 00 S 1 545 0D 51 E54 0-0 S' 00 S5'6 00 52 C0 S1.2350_ 527 720 00 S4. 00 S?5 572 X SE5 CO S4C 040 OC S 17 500 00 S300 00 S' 3 300 00 S55C 00 S _ 4 20C 0C� S400 O0 S t 00 00 S2.00010 S t 000 00 S 3 000 S 1 500 0- S-100 00 55M 00 S' 000 00 S 2 030 00 53 C'03 00 S 1 00060 S t 00003 55 00O 0C ° 003 C11 52 OGO 00 1 $500 00 5500 00 S t.000 00 S1 000 00 5400 00 S 100 00 S40-D DO S 100 DO SOD OD S t E50 DO 1 S 160 00 S3.520 00 S 100 00 S2.2DO 00 S2.000 00 I 51D0 DO 54DO DO 53W 00 5 1. 200 U0 S2, 430 00 512000 S36D DO $200 00 S600 00 516.84-� DO $5 00 $4.210.00 S2 00 51 684 00 S t 8.300 DO S42 00 S12.810 00 530 00 $9.150 00 S26.850 DO S40 00 S21.460 00 530 DO S16.11000 St _ 60000 1 S350 DO I 5700 00 $700 00 1 $1.400 00 6.OD0 4 EACH 51.000 00 1 54 U00 UU 51 A UU 5 EACH S2.000 00 S10.000 00 $2.000 00 1 EACH S1.500 00 $1.500 00 $2.500 00 1 EACH S300 00 moo moo 2 EACH $5W 00 S 1.000 00 SSW 00 1 L, S 53.500 00 S3.5W 00 $8 WO 00 $366.147 DO 5809.912 00 SI A 76.059 OD Page 3 1 13 115 00 000 DO 52.000 00 S 1 G.000 00 9 00 52,000 %, 52,000 00 I DO 00 S200 00 5200 00 S229.108 00 5252.W 75 $419.965 00 S808.338 00 S814.751 00 $1.200.441.00 S1.037.446 00 S1.067.299 75 S1.620.405 00 Mhd.n Buntid, Cars TOW Unit Price Amount Wramantips Construction Total Unit Price Amount T,A. Rivas, Inc. Total Unit Price Amowrt Shawnan Corporation Total Unit Price Amourd WUllams Supply, Company Total Unit Price Amount S19 000 W $%000 00 $60.DDO 00 sm. DDO 00 S22 WO DO $22.ODD 00 S47, DW W $47.000 DO $7.200 W s1,2DO DO S0 50 S12 652 50 $1 00 S25.305 00 St 00 S25.305 00 St 00 $25.305 DO S0 50 S12.652 50 $2. 75 S69.588. 75 $2, 50 S63.262 50 $4 40 S111.34200 SAW $101.220 DO S4.25 $107. W 25 S 12 00 S2.172 00 S500 $905, 00 $2 00 5362 00 $5 00 sm DO $5 00 $905 D0 $11 00 Sig 382 00 S3 00 $5.286 00 S500 WOO 00 3300 S5, 2B6 00 S7.60 $13,391, 20 S25 00 S2.625 00 S 15 DO S 1.575 W S22 DO $2.310 0o S20 00 S2,100 00 $15 DO S5,575 DO S50 DO S 1.450 DO SID 00 S290 00 S25 DO $725.D0 S1O0 DO $2.900 D0 $15 00 $435 DO S9O0 00 S900 DO 5500 00 55D0 DO S350 00 S350 DO SSW 00 S500 DO S500 00 S500 00 S-50 00 S5 100 00 SW W S2 040 DO S80 00 S2.720 00 S 110 00 S3.740 00 S'•25 00 S4.250 DO S20 00 S2 350 DO S20 00 S2 060 00 S20 W S2.M DO S27 00 S2.781 00 S15 DO $t 545 00 S10DO S518000 S500 S3DOD 00 S600 S370800 S350 S216300 St500 S52700.^, S.3 00 524 640 00 SS5 00 S33 660 OO Sc1 ;k7 S25.256 00 S100 40 561,GW 00 555 DO Seo 040 00 eel 00 522 Doo 00 S330 W S53 _00 00 $545 00 S23 750 Do 55SD O0 S24 2W 00 S553 00 S24 200 or, 5=0D 03 SSW DO S= W S2i10 DO 54CO DO 5630 DO S250 00 55W W S400 w S800 00 S5W G. S1 OW 00 I 5'- 200 OD Sa <K, 00 $1 000 W 52 00D 00 S400 00 1 51.SOC W S6W W $1 202 0(L I S-aw OO S50O DO 1 S'. 5W Do S 1 50C 00 $450 OO S.30 DO S4 000 00 S4 :MJ"v W 52 Sm ;} . $2 `_OC 00 SS-ODW 1 5WOO W 1 SSW 00 5sx-W 522000 S220DO 570000 $700W 55W00 550000 E S 2•oo D0 5800 00 Sl W DO SSW 00 S', 43 W S550 W $200 00 5800 00 S 16.5 DO $660 W S 150 DO S3 300 DO S125 00 $2.75.3 DO S230 DO S5.060 00 $200 00 SA 400 DO 5180 DO S= 950 W 530C DO 51• 200 00 51.25 W S5CO W S280 00 S1,123 00 S25C DO 51 000 W S217 DO S866 DO 53X Oo 59W DO S 100 00 S33C W S380 DO S1.14000 S250 00 S750 00 $175 00 $525 DO $5,00 1 $421000 S2000 S16,640Do S27,DO S22734DO S1200 SID.104DID $10DO S8,420DO S30 DO $5 150 00 S4D 00 S72 2W 00 S27 00 $8.235 W S90 W $'c7.450,Do S39 00 S71.895 DO S30 DO S16.110 00 54000 S21, 480 OD S25 DO S13.42500 S90.00 S48 330 00 sm W S19.332 DO S500 DO S1.DD0 W S4W W SSW 00 S730 DO $1.460 W 5600 00 51.200 W S600 W $1.200 DO $500 00 SSW DD S3.000 DO S3.OW DO $2.000 DO S2.000 DO S500 DO S5W W $1.500 DO S1.5010 W saw 00 $16.ODD 00 S350 00 $7.000 Do $670 DO $13.400 00 $900 DO S18,000 Do S%7,00 $11.740. W S9oo Do S3.600 oD $s5o DO $1,400 W S760 00 i3.040 00 00 W 39 S3.600 DO $692 00 n, 768 00 $2. DOO 00 S10.00000 570000 $3 500 DO S2.500 W $12.5W W $2.5W DO $12.500 W S2.500 Do S 12.500 00 $1.40000 S1,4W DO S4. DDO W S4.000 00 $2.700 00 S2.7W DO $5.000 DO S5.000 W $3.587 DO $3.587.00 S4W 00 S40000 moo S300 W S160 W $160 00 s 1 D0 W $100 DO S 1. DDO 00 $1.000 OD s5o0 DD St,D00 Do S 1.Ow 00 $2.000 00 S I. WO 00 $3.200 00 $6.000 OO S 12.o00 OD 52.500 00 $5, ODD W $3.000W S3.000 W $3.ODD W $3.00000 S2.500.00 S2,500 00 S10.DDO 00 S10.ODD DO s10.00000 $10.000 W SM. B20 25 S295.663 50 $325.392 W S442.434 00 $323.464 95 St.W7.061 00 S1.051.668 00 Si•053.987 W Si.Wi.893 50 $1.314.597 30 $1, 270.681.213 $1.347.331 50 S 7.379.379 DO %1, 944.327, 50 S1.638. D62.25 Pape 4 (r4ov�y WlccO�71�wNz.) D TOWN 1 PROJECT Bid item Descri ion Unit unit Cost BLOCK 102 QTY Taal BLOCK 202 QTY Total L BLOCK 103 QTY Total BLOCK 203 QTY Taal Total 1 Mobilvation LS S0000 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 550,000 2 Remove existing AC,AB Wor SF. 1 9095 9085 8600 9600 1 131 6906 6906 6906 3570 3570 4030 4050 4170. 4170 4415 4415 4750 47 S70,358 subgrade as required Construct PCC pavement WA. SF 4 9095 36340 8600 34400 1 6906 27624 27 3570 14290 4050 16200 162 0 16680 4415 17660 4750 4725 1 S281,432 per typ, section A 4 Remove existing curb & gutter LF 6 45 .270 120 720 120 720 16 96 60 84 4 24 24 12 S2,676 5 Construct driyewey per City SF 3 450 1350 520 1560 1 364 1092 192 576 143 444 480 1 52 136 409 516 164 $9,790 of 14.8 Sid Plan 211 6 Construct curb & gutter per LF 12 105 1260 480 108 52,820 City of H-b Std Plan 202 t 7 Remove existing concrete EA 150 9 1350 20 3000 $4,350 Filled pipes I 8 Remove exist tree EA 250 1 250 S250 SF 2 40 0 - - 74 148 S228 10 Construct full depth AC . TO 40 13 520 16.5 660 4 560 11.S 60 5.5 3 120 2 80 5.5 220 .4 5 180 6.5 S3,440 8' thick min. H Construct 10' retaining curb LF 10 103 1030 S1,030 per ry'p section B 12 Remove exist. 8' VCP LF 20 308 6160 310 6200 53 11060 8 .446 6 6520 327 321 6420 6520 327 S73,800 sewer do laterals Construct 8' VCP per City of LF 50 308 15-= 308 15-t00 67 28 221 444 2 6 16300 32 6350 341 17050 326 327 I 5185,800 HB Std Plan 502 /'2 14 Construct Sewer lateral per EA 250 22 :� 5500 22 5500 3 34 8500 7 4250 4500 t7 - 4250 20 20 S59,2S0 City of HB Sid Plan 507 15 Remove exist. cicanout EA 500 1 S00 1 506 2 1 S00 S3,000 16 Construct sewer clean -out per EA 1000 1 1000 3 1000 2 000 1 1000 j 56,000 City of HB Std Plan 508 EA 3000 3000 - S 15.000 OLD TOWN ALLEY IMPROVEMENT PROJECT COST ESTIMATE BLOCK 102 BLOCK 202 BLOCK 103 BLOCK 203 Bid unit QTY Total QTY ToW QTY Total QTY Taal Total Item Description Unit .. Cost 19 Modify exist. sewer drop manhol EA 2000 1 2000 i S2,000 per city of HB Std Plan 506 Conneu sewer pipe line to EA 1500 1 1500 1 S00 .1 1500 1 S6,000 exist, drop manhole EA 1000 1 1000 1. 1000 S3,000 23 Adjust water valve box to grade EA 250 3 750 1 250 3 2 1 250 .1 250 1 $3.000 per Cityof HB Std Plan 612 1 24 Construu 3/4` tatter box EA .. 400 9 ,_3600 6 .2400 3 52 3 1200 4 7} . 2800. 8 3200 10 S24,000 (for traffic use) per City of HB Sid 601 I 25 Construct I' meter box per EA 500 3 15M 2 1000 2000 •3 1500 5 2500 7 3500 6 t+ S 16,500 City of HS Std Plan 602 dt - adjust to grade - i 26 Remove exist. valve box 6t EA 300 0 1 SW 4 3200 1 800 0 0 0 St,BM construct new valve box per City of HB Std Plan 612 EA 25M I S2.500 i Remove exist. water pipe line 20 305 6100 465 9 465 305 6100 32 640 30 6600 i S38,040 do appurtenances. See plans for / pipe.si c do type. - 29 Construct 6" PVC, C900, - LF 60 305 18300 L800 465 27900 2 30 19800 S95,700 Class 200 water pipe line 30 Consuuct 6- PVC, C9D0, LF 50 - \ 305- 15250 32 1600 S16,850 Class 150 water pipe lint 31 Construct new 6' gate valve EA 800 —I . 800 l g00 1 per Ciry of HB STd Plan 612 32 Construct concrete thrust.block CY 250 1 250 S1.250 OLD TOWN ALLEY DAPROVENENT PROJECT COST ESTIMATE Bid Item Description BLOCK 102 BLOCK 202 BLOCK 103 BLOCK 203 unit QTY Taal QTY Total N.— QTY Total QTY Total ZI T total QTY Total QTYToui Unit Cost per City of HH SW Plan 614 33 Construct 1' water aervice. with EA 800 7 5600 20 16U00 19 S 10 8000 i S47,200 314' meter per City of HB Std Plan 601 ,4 Construct I" water service with EA 1000 2 2000 4 4000 7 7 S19,000 1" rrwter per city of HB Std Plea 602 35 Construct 2' water service with EA 2000 _1 2000 4 8000 1 1. 2000 S14,O0u 2' meter per City of HB Std Plan 603E a 36 Connect 6" PVC C900 to exist. EA 1500 0 _I 15W $1,500 12' ACP with 12'x 12'x6' tee 37 Remove exist. 4' gate valve EA 300 0 . I 300 S300 38 Conn= 6" PVC to exist. 6' EA SW - . 0 _.1 500 1 500 1 1 500 1 500 S2,500 gate valve with ductile iron adapter A 1000 0 1 1000 $l ,OGfl poift EA 1250 0 1 1250 S1,250 Bore 6- PVC C900 undo; exist. LF 50 0 _20 1000 i $1,000 driveway _ EA 1100 0 i II $1.100. EA 1500 0_ 1 1500 l S3,000 EA 1400 0 400 $1,400 EA 250 0 2 500 1 2 $1.000 BLOCK 102 BLOCK 202 Bid unit QTY Total QTYt item Dcscription Unit Cost [EJASW 0 47 Traffic Control 3500 GRAND TOTAL 81,075 OLD TOWN ALLEY IMPROVEMENT PROJECT COST ESTIMATE BLOCK 103 BLOCK 203 QTY Total QTY Total l l 500 50,442 32,214 Tots! i QTY Total 51,50C S3,S0t S1,086.11C WE: August 23, 1994 2 30 p.m. P16JE l ENGINEE; : Larry Talte ENc;IRE F' S rSP,NINE : & .102 ,000 JOB TALE AN D CA : Old Town Aijev/ own Loot _ CC-850 and CC-907 BI DIF FS NAYIE rMTAi, BI D AMOJ.%7 1. WO construction 2. Vido Arturkovich and Sons CIA Peter Arturkovich Steve Bubalo Construction Nnaden Buntich 6. Colich and Sons 7. Avis Meter Supply 8. Ecology Construction excel Paving 10. Inland Concrete Enterprises 11. Javmar Engineering 12. Marsden-Susco 3., Miramontes Construction 14 Murry Companly 15. R F. Paulus 16. T. A. Rivard 17. Terra -Cal Construction 18. Ken Thamoson 19. S. F. Construction 20. Savala Construction 21 Sharman Corooration 22. Southern California Underground 23. Valverde Construction 24. Wells Supply Camnany Williams Supply Compangy 26. Zaich Construction E . at rust 23, 1994 2 :00 �. Sl,l02,,,00 P Fi1 JTcx'I' ENC I[v t :: �ax't r la l to - -- J705 T- T; a;�':' C; Old i'G"rv71 °iiley/'own Lot CC-850 and CC-907 BI DE x NAME 1:a%L Bi r aNiai i�Fi 1. A-,X0 construction 'i 2. V i do ar turkovich and Sons 3. Teter k.-f-urkovich _y. Steve Buba'o Construction 5. :.91aden Buntich ��aS 6. Colich and. Sons 7. aivis Meter Supply S. Ecology Construction Zxcel ravj--Z 10. -- ian^ Cone'l ete Ente- .rlses 11. jay -mar E,jEineerjnE 12. '..iar.sden-S,-,sco 13. !,'iramontes Construction .4. �=�••.trr�► Comoar�a 1 �.. n �au1'.;s ' a Fava-d 17. Terra -Cal Construction A. . Ken Tha':mson 19. S. B . Construction 20. Savala Construction 21 Sha7anan C6rooration 22. Southern Cali__rornia "J nder: mound 23. Valverde Construction. 24. 'Wells Supply CoManv 2]. Williams Suorly Ccmn an _ 26. Zaich Construction ' PRELIMINARY COST ESTIMATFrFOR 7/6/94 c TOWN LOT ALLEYS UNIT NO. ITEM UNIT QUANTITY PRICE COST 1 _ _ CLEARING AND GRUBBING LS $22.642 2 UNCLASSIFIED EXCAVATION CY 1917 $15 $28.755 3 P.C.C. PAVEMENT CY 1684 $100 $168,400 4 DEEPLIFT ASPHALT TON 40 $32 $1.280 5 P.C.C. ALLEY APPROACH SF 5596 $4 $22,384 6 P.C.C_ SIDEWALK SF 1796 $3 $4.490 7 P.C.C. CURB AND GUTTER WITH A.B. LF 169 $12 $2,028 8 8" NARROW TRENCH DRAIN LF 164 $60 $9,840 9 TRENCH SHORING LS $12,000 10 REMOVE FIRE HYDRANT EACH 6 $400 $2,400 11 FIRE HYDRANT ASSEMBLY EACH 7 $2,000 $14.000 12 8" PVC, CLASS 200 LF 3580 $35 $125,300 13 6' PVC, CLASS 200 LF 26 $35 $910 14 8' GATE VALVE EACH 14 $800 $11,200 15 8"x8'x8" TEE EACH 1 $450 $450 16 1" WATER SERVICE WITH 314' METER EACH 112 $400 $44,800 17 1" WATER SERVICE WITH 1" METER EACH 29 $6D0 $17,400 18 8'X12"X12" TEE W12-12" GATE VALVES & EACH 1 $2,5D0 $2,500 12"X8" REDUCERS 19 6" HOT TAP AND 6" GATE VALVE EACH 1 $2.500 32,500 20 8" - 45 DEGREE ELBOW EACH 10 $250 $2,500 21 PLUG EXISTING MAIN EACH 11 $300 $3,300 22 8"x12"x8"x12' CROSS W/2-8" GATE VALVES, EACH 1 $3,000 $3,000 2-12" GATE VALVES & 2-12"X8" REDUCERS 23 2" WATER SERVICE W/2" METER EACH 4 $900 $3,600 24 6" PVC CONNECTION TO 6' AC EACH 1 $1.000 $1,000 25 8" PVC CONNECTION TO 8" AC EACH 4 $1,200 $4,800 26 8- PVC CONNECTION TO 6" CAST IRON EACH 2 $1,000 $2.000 27 8" PVC CONNECTION TO 8" CAST IRON EACH 2 $1,000 S2,000 28 NEW METER BOX FOR 314" t"EWER EACH 24 $200 $4.800 29 NEW METER BOX FOR 1" METER EACH 3 S350 $1,050 30 NEW METER BOX FOR 2" METER EACH 1 $500 $500 31 8' PVC CONNECTION TO 6" AC EACH 2 $1,000 $2.000 32 ADJUST GATE VALVE COVER TO GRADE EACH 9 $200 $1,800 33 8" EXTRA STRENGTH VCP LF 3874 $45 $174,330 34 10" EXTRA STRENGTH VCP LF 8 $60 $480 35 4" VCP LATERAL LF 2178 $25 $54,450 36 SEWER CLEAN -OUT EACH 2 $1,000 $2,000 37 CORE DRILL EXISTING MANHOLE EACH 5 $1,200 $6,000 38 MANHOLE EACH 2 $3,000 $6.000 39 DROP MANHOLE EACH 1 $4,000 $4.000 40 ADJUST SEWER MANHOLE TO GRADE EACH 14 $250 $3,500 41 FILL MANHOLE WITH CONCRETE; REFORM LS $1,000 BASE; PLUG OUTLET 42 ABANDON EXISTING SEWER LS $3,500 43 MODIFY OCSD MANHOLE LS $5.500 44 REMODEL EXISTING MANHOLE EACH 18 $250 $4,500 45 REMOVE EXISTING SEWER LINE LF 2845 $5 $14,225 46 TRAFFIC CONTROL LS $3,500 SUBTOTAL $808,614 10% CONTINGENCY $80,861 TOTAL $889,476 . Augast 23, le94 2 00 n.m. F �ik1 ��T Era,LvF r.: Lay Tai to � C•E Tom: L LE �jt D C4 Ola Tatin Alley/Town :,ot CC-850 and CC-207 ----------------- ---------------------------------____________=__ SI i�:B N� %-------- ��I'L E_ rJ•IC1 Psi 1. LU CO Construction 7 L _ T P. Vido Artarkovich and Sons �. peter art;.irkovich 7s 4. Steve Bubalo Construction 5. i=Laden Buntich 5. Colich and Sons 7. Divis :deter Suo 1 o. Ecology Constriction Excel ?avirZ Tn;and Ccncrete Ente. ,.rises ll . JGr Engineering 12. Aarsden-Susco 13. a cnte-s Ccristnxt_on 3g 14. elan Canoarw l5. F. F. Paz-.ilus A. varu 3 � -C: 17. -erra-Cal Constniction _ Yen '�",ckl:Dson S. F. Construction 20. Savala Cons-riction 2l, Sha,,.nan Corporation, g 22. Soathe^n Ca_if.ornia 'JndeT.-=,-una _ �3 i alverce „o:-s�ructicn. �4. hells Suonly Cor.:oary 25 ��illiams Suv:�ly Cor�w- 6 - zS" 2c. 'aic ;Construction fet 7zNZ.,� D TOWN - YEMEN T PROJECT - TMA Bid Item Description Unit unit Cost BLOCK 102 QTY BLOCK 202 QIY I BLOCK QTY T BLOCK 203 QTY Total _. Total MobiuAboo LS 50000 0- 0 0 0 0 0 0 0 0 0 0 0 0 0 SSO,00C 2 Remove existing AC,AH dr/or SF I(9085 8600—) l 131 6906 6906 6906 3570 40501 4170 4170 4415 4415 4750 47 S70,35: subgrade as required —� Construct PCC Pavement rest. SF 4 9095 3600 1 6906 27624 6 27 3570 1 4050 1 162 0 16680 4415 17660 4750 4725 I S281,43: per np. section A 4 Remove existing curb do gimcr LF 6 45 3 120 4 120 720 16 60 84 4 24 24 12 S2,6% 5 Cor:strlct driveway per City SP 3 450 520 1 364 1092 192 148 480 1 S2 06 408 S l6 164 S9,7sc of H,B Std Plan 211 6 Construct curb & gutter per LF 12 105 490 108 S2.82C City of H.b Std Plan 20? . 7 Remove existing concrete EA ISO 9 3 20 5:,35i Idled pipes 8 Rernevc exist tree EA 230 1 525� i� SF 2 40 0 - 74 148 S22a 10 Construct full depth AC TO 40 13 16.5 4 $60 11, 5 460 5.5 3 2 80 5.5 220 4.5 130 6.5 S3,4 4C 8- thick min. oil Construct 10' rctaining curb LF 10 103 1 S1,03C per typ. section B 12 Remove exact. 8' VCP LF 20 308 0 310 53 11060 8 .446 6 6520 327 321 6420 6520 327 S73.SC'. sewer dt laterals I Consuuct S' VCP per Ci:y of LF SO 303 0 3O3 1 67 28 12 221 4-" 2 6 16300 32 6350 341 17050 � 326 327 1 SIS5.W HB Std Plan 502 14 Construct Sewer lateral per EA 25O 22 D 22 3 34 8500 7 41SO 4500 17 4250 20 20 S59,25i City of HB Std Ma 507 115 Remove exist. clean -out EA 500 1 D 1 2 i 500 S3,Oti ` 16 Construct sewer clean -out pet EA 1000 1 0 .1 2 000 l 1000 =� S6,00: City of HB Std Plan 503 EA 3000 3000 . 3000 _ S15,0G OLD TOWN ALLEY IMPROVEMENT PROJECT - COST ESTEMATE Bid hem Description BLOCK 102 BLOCK 202 BLOCK 103 BLOCK 203 unit QTY A QTY T - QTY Total QTY Tote! Total' Unit -Cost 19 Modify exist. sewer drop manhol EA 2000 1 i I S2.000 per city of HB Std Plan 506 Connect sewer pipe line to EA 1500 1 17 1 500 .l 1500 1 $6,000 exist drop nanholc EA 1000 1 1000 1 1000 1 53,000 _ 23 Adjust water valve box to grade EA 2.50 3 l 3 2 1 1 250 11 1 S3.000 per City of HB Std Plan 612 24 Construct 3/4' meter box EA _ . 400 9 ...1 6 3 52 3 4 T ' 2900- 8 3200 10 S24,000 (for traffic use) per City of HH Sid 601 I 25 Construct 1' meter box ,per EA 500 3 1 1 2 1 2000 3 5 2500 7 3500 6 316.RX City of HB Std Plan 602 & _ I adjust to grade 26 Remove exist. valve box & EA 800 1 1 4 3200 1 i 0 0 0 Ss,BC. construct new valve box Per City of HB Std Plan 6l2 ( EA 2500 l I s2•sm _. Renove exist. water pipe line 20 305 465 9 465 305 32 30 66ti0 / S38.040 & appurtenances. Sec plans for pipe size do type. -- _ - 29 Construct 6' PVC, C900, LF 60 305 1 1800 46S 27900 2 30 19806 S95,700 Class 200 'Alter pipe line 30 Construct 6' PVC, C900, LF So 305- 32- / 516,850 Class 150 watcr pipe line 31 Construct new 6' gate valve EA 800 _ 1 1 800 t 14,00; pet Ciry of HB SU Plan 612 32 Construct concrete thrust block CY 250 I 51.230 OLD TOWN ALLEY IMPROVEMENT PROJECT' COST ESTIMATE BLOCK 102 BLOCK 202 BLOCK 103 BLOCK 203 Bid' QTY Total unit QTY Told QTY T' QTY Tote! QTYcould QTY Toiel QT Tagil ']tam 4escriptian Unit Cost I I l per City of HB. Std Plan 614 33 Construct 1' water service with EA g00 7 20 16000 19 5 10 S47,20' 3/4' rider per City of HB Sid Plan 601 �► Construct I' water service with EA ICW 2 4 4000 7 7 S19,00. l' meter Per city of H8 Sid P!sn 602 35 Construct 2' water service with EA 2000 _ i 4 1 1. 2600 S14,00: 2' peter per City of HB Std Plan 603E 36 Coaneet 6' PVC C900 to exist. EA 1500 0 I I 51,50t 12' ACP with 12'xl2'x6- toe 37 Rcmove exist. 4' Este vslvc EA 300 0 1 S3Ci 38 Conned 6' PVC to exist. 6' EA 500 - 0 _ l 1 SIX 1 l l S2,W. gate valve with ducti3e iron adapter A 1000 0 I 1000 S1,00t EA 1250 0 i 1250 Bore 6' PVC C900 undo: exist. LF 50 0 _20 1 S1,0C" driveway EA 1100 0 -- _ I I1 +tatr.. EA 1500 0 • 1 1500 l $3.00 EA 1400 0 400 $1,40 E A 250 0 2 500 2 S1,00 Bid item Descri 3 47 Traffic Control GRAND TOTAL BLOCK 102 BLOCK 202 unit QTY T QTY T Una Cost EA 500 LS 3500 E7,475 123,b00 OLD TOWN ALLEY DAPROVETENI' PROJECT COST ESTJMATE BLOCK 103 BLOCK 20 QTY T QTY T } I 1 9 S00 50,492 .32,214 Total j QTY Total S1,50 $3,50 S1,086,11 .t:__ . August 23, 19914 2 :00 a EE,^jGI:,,EE r T-a- ry Taite I�-7 F' S S Y -0-1 1ITT I EE AN D Old 'Town Alley/'T-oirn Lot CC-850 and CC-907 =1 rrE x � i _AL LI i Ap1OJ i 1 -,,7!CO construction ? VIdo Arturkovich and So„s 3• 'eter Arturkovich 4. Steve Bubalo Construction 5._:'!laden Buntich T - o. and Sons 7. aavis :deter Suonly 6. Ecology Construction Excel FaviDg Tn1 znd Concrete E ;ter crises 1 mar = n. ineering 1=. arsden-Susco `i_ a -orates Construe `cn _5. F. r?•alus ld a_yrd =7. ierMu--Cal Construction 19. S. F. Construction 201 . Sav ala Construction 21 S::astiTnan Corporation California Under-ourd 23.' Val=-erde Construction I-vrA is 'vuocly 'om-o :nv 25. %%illiams Suz:,ol Carm-any "ram+ J—� (` 4»• 4 C'✓G . il. l7 ons .. ..ac 1.1 C''� Dk-i'F . August 23, 1994 - 2 00 -).M. PFtk]�..-T ENGIN E—.-r: _ Lal7-,v Taite_ JOB TITLE Aid D CcX Old Town Alley/Town Lot CC-850 and CC-907 Br rIE--B �.A;I I`• n�'.�CJ iTi 1. 'Rl4CO construction 2. Vido Arturkovich and Sons 3. Feter Arturkovich 4. Steve Bubalo Construction _5. Mladen Buntich 6. Colich and Sons 7. Ihivis Meter Supply o. Ecolo z Construction xcel �avi_n`- 10. Inland Concrete enterprises il. Ja mar EpEineering 12. ?Marsden-Susco 13. Msrar-on`.;es Cc~stn_:ctic•~ ly. llurry Ca anv i�. A F. Faulus _6 T. A. a vard 17. Terra -Cal Construction 8. ':en •T hamson 1 . S. F. Construction 20. Savala Construction 21 Shawnan Corporation 22. Southern Call fornia l?nc_r- o red 23. Valverde Construction 2�. Wells Su ofv qo- any 25. titiillias Sjof Ccra�:v 26. Zaich Construction