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Cal Ex Engineering Company - 1986-12-15
C "M CITY OF NUIATINGTON BEACH INTER -DEPARTMENT COMMUNICATION MUMT{NGTaK iEAiM ro Mihwr J. FRANZ, Chief AtIminintrutive Services Department ` lIbirc, )0* Retention CC S�# „ -z `7 8 51 From ACCOUNTINQ & KEC0itDS Date r ; d U � iC�6 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty --five day waiting period has elapsed. Payment of the 10% .retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. On T. Vi lella, Director oY Finance I certify that no stop notices are on file on the subject contract at this time. Date: s Paul Cook, Director Public Works Department I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: 1,7r;'' Alicia Wentworth, City Clerk A, I certify that there are no outstanding invoices on file. - Warren-G. City Treasurer 1187j Ja HUNTINGTON BEACH To Betty Tate 0 0 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION From Les Evans Subject Marcus McCallen Park - Phase One Date March 27, 1987 As you know, the contract for the construction of Marcus McCallen Park, Phase One was terminated and therefore, a_one--yea maintenances_ bond is not required. We have however, requested the contractor to submit: 1.) An Affidavit of Satisfaction 2.) A Certificate of Compliance LE: DRN:Iw cc: Don Noble CC File 544 "Gen. Cbrresp." WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH gc (y face of the City Clerk P. 0. Box 190 U HLlfltinaton Beach. Calif. 926AP ir �7=167239 RECORDED IN OFFICIAL RECORDS OF ORANGE CO0CALIFORNIA -3 is PM MAR Z 7 '87 C13-- RECOR ER 7] NOTICE OF COMPLETION CC-544 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Fernando Road_, Sylmar, California_ CAL -EX ENGINEERING, 14980 San who was the company thereon for doing the following work to -wit: Construction of Marcus McCallen Park, Phase I, Project CC-544 The construction contract for development of Marcus McCallen Park, Phase One, was terminated during the course of construction per a mutual agreement between the City of Huntington and Cal -Ex Engineering. Work completed to 2/27/87 has been formally accepted by the City and therefore, this Notice of Completion is being filed. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on March 16, 1987 That upon said contract the F IRMONT INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 25th day of March 1987. STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach } Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Y : /,� / Ld, rl'Z 7 Deputy I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 25th day of This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded brae or charge. March , 19 87. Alicia M. Wentworth City Clerk and ex-officio Cleric of the City Council of the City of Huntington Beach, California BY: Deputy 61 �4GCF�� , AY W3 WHEN RECORDED MAIL TO:� CC-544 �iECORID iN OFFICIAL RECORDS OF: ORANGE C(1UNTY CALIFORNVA CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Hiintinvton Beach Calif. 9264F EXEMPT CS NOTICE OF COMPLETION ,400 p MAR 2 0 '87 �. couNrr REGORDE NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to —CAL-EX ENGINEERING 14980 San Fernando Road. -Sylmar, California who was the company thereon for doing the following work to -wit: Construction of Marcus.McCallen Park, Phase I, Project CC-544 The construction contract for devr` --ent of Marcus McCallen Park, Phase One, was terminated during the course of c fiction per a mutual agreement between the City of Huntington Beach and Cal- O iineer.ng. Work completed to 2/27/86 has been formally accepted by the Cif therefore, this Notice of Completion is being filed. `N i� 00 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on March 16, 1987 That upon said contract the FAIRMONT INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 18th day of March , 19 87. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 18th day of This document is solely for the official business of the City of Hunti.naton Beach, as contem- plated under Government Code Sec. 6103 and should be recorded tiree of charge. March , lg 87. 'City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL Tl� l;llY OF HUNIINGTON 8EACH Office of the City Clerk P. 0. Box 190 Huntinwtun Brach. Calif. 926AP CONFORMED COPY Not Compared with Original N01-ICE OF COMPLETION C13 CC-544 87-1b7239 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Fernando Road, Sylmar, California CAL -EX ENGINEERING, 14980 San who was the company thereon for doing the following work to -wit: Construction of Marcus McCallen Park, Phase I. Project CC-544 The construction contract for development of Marcus McCallen Park, Phase One, was terminated during the course of construction per a mutual agreement between the City of Huntington and Cat -Ex Engineering. Work completed to 2/27/87 has been formally accepted by the City and therefore, this Notice of Completion is being filed. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on March 16, 1987 That upon said contract the F81RMQNT S RANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach California this RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -s n PM MAR 2 7 '87 a -- ..—,.,� COUNTY pECOHDE STATE OF CALIFORNIA } County of Orange } ss: City of Huntington Beach } day of March , 19 87 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California /12 BY: Deputy I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 25th day of March , 19 87. This document is solely for the 0ffloial business of the City of Huntington Beach. as contem- plated under Covernmunt Cods Sec. 6103 and should be recorded 8ree of charge. Alicia M. Wentworth City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California BY Deputy WHEN R£COROEn MAIL T C '4 F G R D ,'.�} 1:1,3-plt.l: �.7i'!i 4-•ky.l.. CIFY OF HUNTINGTON BEACH EXEMPT office of the City Clerk CO P. n. Sox 190 rhrnhnvlon Bp,iih. Calif. 9764F NOTICE OF COMPLETION RECORDED IN! OFFICIAL RECORDS OF ORS "7.= i-XILINTY CALIFORNIA -4 q0 PM MM Z 0 '87 COUNTY l RECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to CAL -EX ENGINEERING, 14980 San Fernando _)?cad. SylmarCalifornia who was the company thereon for doing the following work to -wit: Construction of Marcus McCallen Park, Phase I, Project CC-544 The construction contract for development of Marcus McCallen Park, Phase One, was terminated during the course of construction per a mutual agreement between the City of Huntington Reach and Cal -Ex Engineering. Work completed to 2/27/86 has been formally accepted by the City and therefore, this Notice of Completion is being filed. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on That upon said contract, the March 16, 1987 FAIRMONT INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 18th day of March 19 87. City erk and ex -of icio erk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ,) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 18th day of March 19 87. i This document is solely for the official business of the City of Huntington Bench, as contem- plated under government Coda -City Clerk and ex-officio C erk of the City Council of the City Sec. 6103 and should be recorded of Huntington Beach, California free of ebnrRe. 877152052 REQUE& FOR CITY COUNCIDACTION Date Mach 2 ► 1987 Submitted to: Honorable Mayor and City Council le - Submitted by: Charles W. Thompson, City Administrator d_0 t Prepared by: Paul E. Cook, Director Public works�� Subject: MARCUS �lcCALLEN PARK; CC-544 Consistent with Council Policy? [x] Yes APPKOVLl7 cli Cp•; " �i1iClL cry r C47 ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Vj STATEMENT OF ISSUE: Cal -Ex Engineering and the City have mutually agreed to terminate the construction con- tract for the improvements of Marcus McCallen Park, Phase I. RECOMMENDATION: Approve termination of contract, accept the wnrk completed to date and authorize the City Clerk to file a Notice of Completion. ANALYSIS: On December 15, 1986, the City Council awarded a construction contract to Cal -Ex Engine- ering for the development of Marcus McCallen Park, Phase I. The improvements included constructing a master planned storm drain line, filling an on -site storm drain retention basin and grading the site for the future development of a park. The construction of this project cannot proceed because the soil materials encountered, during construction, at the bottom of the storm drain retention basin are contaminated with non -toxic oil deposits. This soil material must be removed from the basin bottom and stockpiled on the site until dry. Only then can this material be mixed with other soils for filling the basin. The -costs involved in processing this material will not be known until additional investigations, by an independent soil labratoxy, can be completed, therefore Cal -Ex Engineering and the City have mutually agreed to terminate the contract. under the terns of this termination, the City has agreed to: 1) pay Cal -Ex Engineering 100% of mobilization costs ($14,000.00), 20% of clearing and grubbing ($1,000.00), 100% temporary fencing ($1,800.00) and 100% of Change order #1 ($692.00 for locating an unknown drainage pipe for an on -site oil well that was not shown on the construction drawings) ; 2) purchase storm drain pipe, already fabricated, directly from supplier rather than pay a $4 , 545 restocking charge. 'Ihe Director of Public Works concurs with this action and therefore, recommends approval of contract termination, acceptance of work to date, and requests that the City Clerk be authorized to file a Notice of Completion. FUNDING SOURCE: Contract Construction Contingencies Council roved $ 288,310.00 28,831.00 total $ 317,141.00 Actual $ 48,922.77 692.00 ** $ 49,614.77 PIO 4/84 RWrcus McCallen Pic; CC-544 -2- March 3, 1987 * Includes purchase of storm drain pipe ($32,122.77), mobilization costs ($14,000.00) clearing and grubbing expenses ($1,000.00) and teirporary fencing ($1,800.00). ** The existence of a surface water drain line for an on --site private oil well was unkrrnan to staff and therefore, not shown on the approved construction drawings. Line was buried by contractor during clearing and grubbing operations and there- fore, tertporaxy drainage provisions were constructed. nrmcvnrnrtrrT nr•mTnX7_ - Do not terminate contract and pay contractor, on a tire and material basis, to remove and dry material. TTn'Af C Ar 'mv None PF7C : DN: ik CITY OF HUNTING ON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK January 28, 1987 Wakeham-Baker, Inc. 11225 Slater Ave. Fountain Valley, CA 92708 CALIFORNIA 92648 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. 2 e., - - ). �e- t � �� Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714536-5227 ) 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 28, 1987 C. & B. Engineering 2241 S. Beverly Drive Los Angeles, CA We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. a C.6 - �' k.0 0, � Alicia M. Wentworth City Clerk AMW:bt Enclosure 1 Telephone: 71453E-52271 t f CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CAL/EX ENGINEERING COMPANY FOR THE CONSTRUCTION OF MARCUS MC CALLEN PARK THIS AGREEMENT is made and entered into on this a g A day of Ja ��aw L19V by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and CAL/EX ENGINEERING COMPANY, a partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of storm drain facilities and on -site grading - Phase I of Marcus McCallen Park, located between Delaware and Huntington Streets south of Yorktown Avenue, in the City of Huntington Beach, and, CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforseen difficulties which may arise or be encountered 1. in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. 2. �J • "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 1985 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifica- tions, 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 3. said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of two hundred eighty-eight thousand three hundred and ten dollars ($288,310), as set forth in the Contract Documents, to be paid as provided for in Sections 1, 61 13 and 14 herein. 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. g y p p UJ f Ex c�. �-�°g�t� (�&) calendar days from the day the "Notice to Proceed" MlIL161y1l1.&� is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 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. 4. 1 0 0 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 Section 4 herein. 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. 5. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, 6. • • and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (A) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work callers for hereunder is not in all parts and requirements finished or completed within the number of 7. working/calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of three hundred dollars ($300) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by 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 unforseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of M. the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: M 0 (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed Unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provi- sions of this Section. The DPW may, at its sole discretion, 10. when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. • 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all 11. • • previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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 12. 0 • have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to defend, indemnify and hold harmless CITY, its officers, employees and servants from any and all loss, damage, cost, expense, liability, claims, demands or judgments arising directly or indirectly out of the work, pro- ject, event or other purpose for which the accompanying certifi- cate of insurance is provided, regardless of the active or passive nature of any negligence by CITY except when such lia- bility arises from the sole negligence or wrongful misconduct of CITY. This agreement extends to cover the actions and omissions of third parties as well as those of CONTRACTOR and CITY. The legal defense required by this agreement shall be provided upon request by CITY and at the sole expense of CONTRACTOR. Any costs of defense or attorneys' fees incurred by CITY in enforcing this agreement shall be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 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 13. it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensa- tion Insurance in an amount of not less than One -hundred Thousand Dollars ($100,000), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. 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, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, under- 14. 0 written 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, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than one million dollars ($1,000,0000) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; 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 will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand 15. • • the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time, Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22. 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. 16. 23. 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. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 25. ATTORNEY'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars 4100) for every Stop 17. Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. 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. 27. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (REST OF PAGE NOT USED) 28. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CAL/EX ENGINEER I�i�G CO. A A YJ Mike Nelson, President Julie A, Thlomag, Sec/Treas. ATTEST: City Clerk Oval. 17 REVIEWED AND APPROVED: GGL� City A nistrat r 1793L CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: C' t orn INITIATEA AND APPROVED: Director of Public Works 19. CITY ?)F HUNTINGTP3-N BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK December 17, 1986 Ortiz Enterprises Inc. P. 0. Box 6087-C �159 Anaheim, CA 92806 CALIFORNIA 92648 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure ( Telephone: 71 "3"227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 17, 1986 Advanco Constructors Div of Zurn Constructors, Inc. P. 0. Box 1210 Upland, CA 91786 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714636-6227 ) CITY OF HUNTINGT N BEACH f 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 17, 1986 Clarke Contracting Corporation 1218 South Alameda Street Compton, CA 90220 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure I Telephone: 714.53"227I • JA CITY OF HUNTINGT N BEACH 2000 MAIN STREET CAUFORNIA 92648 OFFICE OF THE CITY CLERK December 17, 1986 Clayton Engineering, Inc. 23011 Moulton Parkway, Suite #J-7 Laguna Hills, CA 92653 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure I Telephane : 714-536-5227 ) CITY P)F HUNTINGTBN BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK December 17, 1986 Fleming Engineering, Inc. 8281 Commonwealth Ave. Buena Park, CA 90621 CALIFORNIA 92648 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure Mlaplwne: 714-636-5227 ) CITY15FHUIVTIIVGTSIV Br=ACH 2000 MAIN STREET CALIFORNIA 9264$ OFFICE OF THE CITY CLERK December 17, 1986 G. A. MacDonald Construction Co. P. 0. Box 385 Montrose, CA 91020 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714-53"2271 10, CITY 8F HUNTINGT N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 17, 1986 Challenge Engineering, Inc. 4761 Lincoln Avenue Cypress, CA 90630 We are returning your bid bond which was submitted with your proposal for the development of Marcus McCallen Park, Project CC-544, in the City of Huntington Beach. The contract for this job was awarded to Cal -Ex Engineering, Inc., of Sylmar. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure Telephone: 714.63"227) 0 CAL -EX ENGINEERINN CO. AID PROPOSAL FRW To the Homnble Mtyer sad City CosmA. City of KwomMoa Ind. 0difami: III ampl = with the notion in** salad pmpasab for dwa MC CALLEN PART( I bwaby prow sad qW to aatw hto a arltract to pnrfm the w d barrio darwibad and to fwrrrwM the matwisis V wsfore according to the plan, gwMiartions and spacial provisions for the still wort and to do satisfaction of and undo On asponrision of the Director of Public wart: of paid City of Handaptoa Iaadw.Califorab. Tba laldard r W has sat aeoaptsll arty bid from any sobanbectar or Irtsi le men dmoo awry bid dopodtory, dw by4m% rub w replslations of wbkh prohibit or pnvant do caatroctm fnm a Wwbq any bid fr= any o bcontmctor or estwi■lsion which b not I P , km tindo sold bid doped". w which prom say suiaatt W or w onto islman fram biddiap to MY anbactw who dear not awn dw fadlitias of or adapt bidet from w tbrooph such bid dwdtwy. For the funMine of al labor. ■a s III sad squipanat. and or all imWeatol wart naoaewy to delivw W the impron 111011 aompMts i Om is strict coMormity with do plant. epaifrartioa ad spool pravWoas. oa file in the Mfioa of the Dbwtar of Fablic worts. City of Hand" buh. CdHomis. I propel and Waa to tote foil joYmat on at the faMowiap gait prices. to wit: ��o ITEM No. 4/PROXIMATE QUANTITY ITEM WITII UNIT PRICE WRITT EN IN ~HORDE UNIT PRICE TOTAL i Lump Sum Mobilization @ kel Lump Sum �A7C 2 Lump Sum Clearing and Grubbing @ f ivr- Lump Sum sfocc 3 15,500 CY Earthwork @ two 0. d j42tj:� of . _ ICY 2� 38r7.� ✓ - _. -- - I 4 9,500 Cy imported Fill @ s*-aC Off. ✓I ICY c ° .�'7�� 5 515 LF Storm Drain 18" RCP Pipe @ S `_� 1$�o� ILF nrw MO. A/RROXNMT! Cu&"T1r MW MTN UNIT PR= lI rrm 1n wOROs LOOT "WA TOTAL 6 10 LF Storm Drain 21" RCP Pipe @ . Sp 2 SDU /LF 7 165 LF Storm Drain 24" RCP Pipe @ i o . el �� �G I LF r 8 750 LF Storm Drain 36" RCP Pipe @ .ode* C /LF 72 , •°—° SL, Scv 9 35 LF Storm Drain 8" PVC Pipe @�- dG AF 10 5 LF Storm Drain 15" PVC Pipe @ /LF ZSILP f2s7- ✓ 11 4 EA Storm Drain Junction Structure Type I @ �fneeo•��..al d. /EA 31Goo 12�GGt 12 4 EA Storm Drain Junction Structure C @ jr- 7i i/e A--* 016W W Of, / EA 13 3 EA Storm Drain Concrete Pipe Collar @ /EA 14 2 EA Curb Inlet Catch Basin @ 15 2 EA Brooks 12"X12" Catch -Basin W/Grate @ o-ne r--W ;fC t--Ar� �ZEA %470 3voo "W I O. AMPPMXMAT1 QiAN"Tr ffm MTl UWT M1m w!lI I I IM wcQ LNOT PRIG TDTAir 16 1 EA Brooks 12"XI8" Catch Basin w/Grate @ j / �e -1 1t... ` .v4e 7 �. EA 11 3 EA Brooks 24"X24" Catch Basin w/Grate @ z�vCG 7,mG +� '✓ �. EA 18 1 EA Local Depression @ SeVe., _ ;«,*co4cP( o�. _ _ /EA %mod '%G 19 40 LF Curb and Gutter Type "C" @ L F 20 95 LF 5" Curb and Gutter @ , LF 21 265 SF Concrete Driveway @ ?-;✓ o of, . /SF 2 22 1,360 SF Coldplane and Overlay Existing Asphaltic Concrete @ m-e e. off. /SF 23 1 EA Gate at White Sands Drive @ .ev � 7 c 70c c e.•L —#� Vft'r ol. _ / EA 24 320 SF Concrete Sidewalk @ C( / SF 7. SUBTOTAL Irw M0. Al�114x1rATM GUAN"TV IT= VXT" UMII PRM >1N . I I IN Wx"M UINIT lRI TOTAL ADDITIVE ALTERNATf BID.ITEMS 1 81000 CY Building Area Overexcavation and Recompaction @_ % ICY Z� /6r 0e C/ 2 14,000 CY Parking Lot Overexcavation and Recompaction @ Dti e oto /f-S. - e4 4-(- of _ CY G '� 3 Lump Sum Temporary Fencing @ c/ Lump Sum TOTAL AMOUNT OF PARK BID (shall correspond with amount stated in contract Z$$ G It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is) - NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received writtzn notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 420054A . s�s�stut. of dd&r PARTNER 1.4980 SAN FERNANDO ROAD .1 1 IF A. T',InA.AAA Business Address SYLMAR, CALIFORNIA 91342 Place of Residence SgLMAe , CA Dated this {B day of MouEM.9-AEL _ ,19A— Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 0 0 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the followingE:in:informaatioon. Additional sheets may be attached if necessary. 1. Firm Name: r AL -EX GINEERIN`' CO. 4980 SAN FE^vANDO ROAD (213) QaO Z. Address: 6A MAR, .. ' , " t 3. Telephone 4. Type of firm — individual, partnership, or corporation: PARTNER 5. Corporation organized under the laws of the State of G4 6 Contractor's License Number: 420054A Classification of Contractor's License 1 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: GEIRALD E. GIBBS PARTNER UULIE A. THOMAS PARTNER JAMES THOMPSON PARTNER Mill IMLS3I4 PARTNER 8. Number of years experience as a contractor in construction work: i5 9. List at least six projects completed as of recent date: (Contract amt.) (Class bf work) (Date Completed) (Name and address of Owner) 1p%� 014")ATaAJ 17,A2K — CGTi of LA CZ OSH,WC — PAr-k Coe-rr2V— go �D\\ _PA4 PAq�c PaaZc - Co * of L,4 R *k2k) — P�eK a',4r-pt.. —'7f vLS► , �� "► ��' sRMI ,¢a-, Cot % - c of s4jft " 04AC-1 1-aca ,__mot- �►�: ,-7A s 4A£, .r - CoaA4Y of C A 09 avid _ ArsP.r Jr vim° " t �zUa C a o 9 s f s�u�� ✓sty rf er rAr aEser s Gam+ s, — GoW�lg+/ of S4 (13g, �� t �sa�l r.y� A A-0Ez*T cearr msw —cap-?a2s�+s coo S�OsF �AflL �A►?.401 ' 3� 10. List the name of the person who inspected the site of the proposed work for your firm: ANDY LoAYZA ; Date of Inspection l—l0 —Q 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. y,� WIGNATION OF SUBCONTRACTORS . In compliance with the "Subletting and Subcontracting fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or eboutthe construction of the work or improvement in an amount in excess of one-half VA) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. -CAL/EX ENGINEERING CA. JOINT VENTURE A GENERAL E\GINEERING CONTRACTOR Licence * 420054A November 19, 1986 Paul E. Cook Director of Public Works City of Huntington Beach 200 Main Street - CA 92642 Attention: Don Noble Reference: Bid for construction of Mc Callen Park cc-544 Addenda #1 Gentlemen: Following -up our telephone conversation yesterday, enclosed you will find a signed copy of Addenda #1 which due to a clerical error we forgot to include in our bid along with the proposal forms. We hereby confirm our bid in the amount of $288,310.00. Should you have any further questions about this matter, please do not hesitate to call me at (213)873-4528. Si cerely, � d• u Julie A. Thomas Partner cc: Joseph Malpasuto - Gill and Baldwin Law Office 14980SAN FERNA`DO ROAD, 5YL\-IAR,CALIFORNIA 91342 ia 1805) 2-54-1866 0 • Jl Paul E. Cook Director CITY OF HUNTINGTON BEACH 2000 MAIN STREET November 13, 1986 CCISI'RUCTION OF MC CALLEN PARK CC-544 ADDENDA NUMBER 1 CALIFORNIA 92648 Public Works Department (714) 536-5431 CAUX RECENE'a. �d0V 17 1986 Notice to all Bidders: The follaaing revisions and additions shall be made to the bid documents: Re: The General Special Provisions The General Special Provisions shall be amended to include Section 6-9 Liquidated Damages to read as follows: 6-9 Liquidated Damages Section 6-9 of the Standard Specificaticns for Public Works Construction shall be modified with respect to the dollar amount of damages per day. The daily stun due per day for each consecutive calendar day in excess of the time specified for ccmpleticn of the work shall be as follows: Contract Amount Daily Stun Due Per Day Contracts up to $250,000 $250. Contracts $250,001.to $500,000 $300. Contracts $500,001.to $1,000,000 $400. Contracts $1,000,001. to $1,500,000. $500. Contracts $1,500,001. and over $650. Re: Construction Notes and Quantities - Sheet 1 of 4 Construction note number ten (10) shall be changed to read "Construct 3" of A.C. over 6" of A.B. 1,357 square feet. Re: Construction Notes - Sheet 3 of 4 Construction note number ten (10) shall be changed to read "Remove existing_ paving and replace with 3" A.C. over 6" A.B. Re: Construction Notes -- Sheet 4 of 4 Construction note number ten (10) shall be changed to read "Remove existing paving and replace with 3" A.C. over 6" A.B. Addenda No. 1 - CC-601 - a November 13 ; 1986 • • Page 2 Re: Sheet three (3) of the Bid Proposal Form Sheet three (3) of the Bid Proposal Form shall be removed and replaced with the attached sheet. (Note: Bid item 22 is revised to relect changes in A.C. work). You are requested to acknaw1edge this receipt of the addendum with your bid proposal. Very truly yours, `Paul E . Cock Director of Public Works This is to acknowledge receipt and review of Addenda Number One, dated November 13, 1986. It is understood that the revision of new documents shall be included in the bid document. CALEX CO. Cc upany ,4/0✓ /8, l98.6 Dates PEC:DRN:dw Attachment: Bid Proposal Form - sheet Three Ix 1 A. GNARAN"TV rM TM MM� D%Ki wMAL 16 1 EA Brooks 128X1B" Catch Basin w/Grate ! rrnOhe� G�• EA /�Sa0 17 3 EA Brooks 24"124" Catch Basin w/Grate 0 EA 18 1 EA Local Depresiion Q ww w 19 40 LF Curb and Gutter Type "C" 0 LF 20 95 LF 5" Curb and Gutter P l d. /LF I U 9 21 265 SF Concrete Driveway ! 22 1.360 SF Rwave exiatang A.C. paving mid 'replace with 3" A.C. amr 6" A.B. ... ? 41-680 SF 23 1 EA Gate at White Sands Drive P 7 7 �cG L ve,.., a-✓.tca.,_v� c� �EA 24 320 SF Concrete Sidewalk 0 w �w� i ■i /SF 800 SUBTOTAL REQUES*OR CITY COUNCIL*CTION Submitted to: Honorable Mayor and City Council Date upvemher 11� 19RF Submitted by: Charles Thompson, City Administrator(2tv'1- Prepared by: Paul E. Cook, Director of Public Works Subject: Marcus McCallen Park - Phase 1; CC-544r O A) /�'I1 le6 lX /16 To � )gam J;y CITY Co x - ta?�Ct� Consistent with Council Policy? [Xl Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Pursuant to City Council approval of October 20, 1986, bids were received on November 18, 1986 for the construction of Marcus McCallen Park - Phase 1. Recommendation: I. Accept the low bid submitted by Cal -Ex Engineering Company and authorize the Mayor and City Clerk to execute an appropriate contract in the amount of $288,310.00 plus $28,831 for construction contingencies. 2. Approve the project Negative Declaration 86-62. 3. Approve expenditure of $317,141 from Park Acquisition & Development Account 790611. Analysis: On October 20, 1986, the City Council approved the plans and specifications for the construction of Marcus McCallen Park - Phase I and authorized staff to solicit construction bids. Bids, as summarized below, were received and opened on November 18, 1986. Base Bid Additive Additive Additive Plus Additive Contractor Base Bid Alt. #1 Alt. #2 Alt. #3 Alt. 1, 2 & 3 Cal -Ex Eng. $245,310 $16,000 $25,200 $1,800 $288,310.00 C & B Eng. $254,923.50 $1 1,440 $20,020 $2,500 $288,883.50 Wakeham/Baker $260,910 $12,480• $21,840 $ 500 $295,730.00* Challenge Eng. $277, 1 1 1.10 $1 1,120 $1 6,380 $1,694 $306,305.10 G.A. MacDonald $275,007 $18,720 $32,760 $ 400 $326,887.00* Fleming Eng. $303,507.50 $14,400 $25,200 $2,500 $345,607.50 Clayton Eng. $269,708 $28,800 $50,400 $ 900 $349,808.00 Clarke Cont. $354,077.50 $16,000 $28,000 $1,000 $399,077.50 Advanco Const. $342,449 $32,000 $82,600 $ 440 $457,489.00 Oritz Ent. $483,926 $40,000 $70,000 $1,000 $594,926.00 *Denotes audit total corrections The base bid Includes on -site grading and storm drain construction as a prerequisite for Phase It (landscaping). Additive Alternate Item #1 Includes the over excavation and recompaction required for a future Boys Club building. P1 0 6/as 0 • Request for Council Action November 21, 1986 Page 2 Additive Alternative Item #2 includes the over excavation and recompaction required for a future on —site Boys Club parking lot. Additive Alternative Item #3 includes temporary fencing. Staff has reviewed the bid proposals including additive alternates one, two and three, and recommends the acceptance of Cal —Ex Engineering's bid Including all three additive alternates. On November 21, 1986, the Development Services Department posted a Negative Declaration (86-62) relevant to the environmental issues of Phase I. No comments or concerns were received, and therefore, It is recommended that Council approve Negative Declaration 86-62. Funding Source: 1. Contract Amount $288,310.00 Contract Contingencies $ 28,831.00 Total $31 7,141.00 Revenues to cover construction costs will be obtained from Fiscal Account 790611 (McCallen Improvement): $317,141.00** "Note: Pursuant to an agreement with the Boys & Girls Club of Huntington Valley, the city will be reimbursed for Additive Alternates One and Two —a total of $41,200.00. Alternative Action: I. Award a base bid contract to Cal —Ex and forego the alternate bid items. 2. Award a base bid contract plus only one or two additive alternates. 3. Reject all bids. Attachments: None. 1130g AMENDMENTS 7 al CITY OF HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS ADOPTED BY CITY COUNCIL RESOLUTION NO 4368 - DEC 12,1976 LEGEND: FREEWAY STREET CAPACITY MAJOR. _45,000 PRIMARY- _3Q000 SECONDARY _2a000 NOTE: SC 13 LIES '%YCATE Ex S-ING RIGHT OF WAY NOT NECESSARILY ULTIMATE RIGHT O� wXY DAS�EC L,%ES NOICErIE AREAS WHERE ND RiGiT OF mAy Ff:STS \_1 \.,._ ! I I I C and B Engineering Contractor November 20, 1986- 2?41_ S. Beverly DR - Los Ana.eles, CA 90034 • - - .. _ � ~ -•[ern =�M.. City Clerk=sv 2000 Main ST Huntington Beach, CA - RE: Marcus-McCallen Park �J Specification Number C0544 City Clerk This is to notify you that.0 and B.Engineering Contractor feels that we are -the lowest responsive bider on the above listed nroject. In as much as'Calex Engineering did not bid on the correct line Item and did not sign the addendum. C and BEng. Contractor is requesting the City of Huntington Beach to Award Marcus McCall.en Park to C and B Engineering.. We..are requesting the City of Huntington Beach to notify-C and B Engineering when. this nroject is to be presented to the City Council for Award or for discussion of the facts that the City Attorney has to present to the Council in -this matter. Sincerely, T avz.. R e des CC: City Attorney Mr. DE La.Loza 1 DATE :. ;/18J86 • • ENGINEER'S ESTIMATE: JOB AND CC NUMBER: 14cCallen Park - Phase I; CC-544 BIDDERS NAME TOTAL BID AMOUNT Advanoo Obnst. 4�2 w Ameron Challenge En ineerin p ./ C-2 SO C & B Engineering Parrott & Wri t ?cq 62 Or�tz Enterprises / ro Clarke Contracting CorP. U LO Wakeham - Baker Inc. O'er% J Hondo Fleming Engineering ` SO Cla ton En 'neerin 3 % NO $ram Calex Engineering neeri.n United Concrete Pipe DACE s V. 18, 1986 . Page 2 • ENGINEER'S ESTIMATE: JOB AND CC NUMBER: McCallen Park - Phase I; OC-544 BIDDERS NAME TOTAL BID AMOUNT Excel Paving 'rlilson's Equi.pmnt Rentals G. A. MacDonald Const. Hydro Conduit K.E.C. Comapny Savala Const. C.K. Construction I 0 0 DATE :��' 13/18/86 ENGINEER'S ESTIMATE: JOB AND CC NUMBER: 14cC-a11en Park - Phase I; CC-544 BIDDERS NAME TOTAL BID AMOUNT Advanco Cbnst.�IS- 2 Amemn ChaUenge En ineerin C-2 I SD C & B Engineering Parrott & Wri t �94 Ori.tz Enterprises /O2 ro Clarke Contracting Co ags i o Wakeham - Baker Inc. Hondo Fleming Engineering 3 Yg Sc Clayton En 'neerin ND $+AS n Calex Engineering neerin d` United Concrete Pipe_ DATE % v. 18, 1986 • ENGINEER'S ESTIMATE: JOB AND CC NUMBER: MoCallen Park - Phase I; CC-544 Page 2 0 BIDDERS NAME TOTAL BID AMOUNT Excel Paving 'Alson's Equipment Rentals G. A. MacDonald Const. I 3�Gi 0 0 O 'ydro Conduit K.E.C. ComapW S avala Cons t. C . K . Cons truction 1 n L� Authorized to Publish Advertisements of all kinds including public notic@e by Decree of the Superior Court of Orange County, California, Number A-6214, dated 29 September. 1961, and A-24831. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange Public Node Advan,aing co.01111d DY lnq aMidavd 19 M1M I :n r Do N fh to PICA column woln I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS -PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of INVITING BIDS of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for TWO consecutive weeks to wit the issue(s) of October 31 . 1986 November 7 198 6 , 198 , 19a 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 7 0 198 6 0-10—osta Mesa, Califor la. ignature NOTICE 1 `INVITING BIDE j CC-644 I Notice is hereby given that' sealed bids will be received by the City of Huntington Beach at the office of the City Clerk_ at City Hall, 2000 Main Street, Huntington.) Beach, California, until the• hour of 2:00 p.m: on Novem-, bar 18. 1986, at which time they will be opened publicly and read aloud In the Coun- cil Chambers for the de- velopment at MCCallen Park. Phase I (i.e. the in- stallation of storm dralri, site grading and miscellaneous concrete) in the City of Hunt- ington Beach. A set of plans, specifi- cations, and other contract documents may be obtained on October 30. 1986 at the Department of Public Fworks, 2000 Main Street, Huntington Beach,: Call. fornia. upon. receipt of a ;non-refundable fee of $30.00. Each bid shall be made on the Proposal Form and in the manner provided in the Icontract documents, and shall be accompanied by a certified or cashier'1s cheek 'or a'bid bond for not less• than 10% of the amount of l the bid made payable.to the City of Huntington •Beach. The Contractor shall, In that .performance of the work :and improvements, conform to the Labor Code of the, i State of California and other' laws of the State of Call -I ifornia applicable thereto, with the exception only of [such variations that may be required under the spatial ) statutes purusant to which. proceedings hereunder are taken and which have not been superseded by the provisions of the - Labor de. Preference to labor ishall 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 thel provisions of the proposal! requirements. ` 1 Each bidder- must be! licensed 'and also pre -I ;qualified as required by law: The City -Council of the' :City of Huntington Beach re. - ;serves the right to reject any ,or all bids. 1 By order of the City Coun- 'cil of the City of Huntington ;Beach. California the loth day of October: .1986. - Allcle Wentworth, City :Clerk_of-the.City- of Hunt- Ington Beach 2000 Main Street (714) 536.5431. ' ' Published Orange Coast Deily Pilot October 31, No. vember 7, 1986 F045 PROOF OF PUBLICATION NOTICE INVITING BIDS CC-544 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on November 18, 1986, at which time they will be opened publicly and read aloud in the Council Chambers for the development of McCallen Park Phase I (i.e. the installation of storm drain site grading and miscellaneous concrete in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on October 30, 1986 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $30.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of October, 1986. Alicia Wentworth City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 032BG REQUES91FOR CITY COUNCIL ACTION io: wan. .- Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator�%W� Prepared by: Paul E. Cook, Director of Public Works �e� Subject: Mc Callen Park; CC-544 Consistent with Council Policy? [A Yes APPROVED BY CITY COlitiC-^II_.. to 19Y n n [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Plans and specifications for the construction of Phase I of Mc Callen Park are complete. RECOMMENDATION: Approve the plans/specification for Phase I, of Mc Callen Park and authorize staff to solicit construction bids. ANALYSIS: The construction of Mc Callen Park is a two phase project. Plans and specifications for phase one, the construction of a storm drain line and site leveling, are ca plete and therefore, the Director of Public Works requests an authorization to solicit bids for construction. FUNDING SOURCE: Revenues for this project are budgeted in fiscal account 790611 (Mc Callen - Improvement). ALTERNATIVE ACTIONS: Deny approval of plans/specifications and the authorization to solicit construction bids. ATTACHMENTS: Project Location Map CWT:PEC:DRN:dw 0327G G -5 Plo 6/85 AVE. 0. of fA L RE RT AVE. �- i I vi L GARFIE B. CIVIC CENTS )00 MAIN STE B. CALIF A, Z648 .45/" Q imms Ori YORKTWN. APOS INDIAN! APOLIS —ATLANTA 0 r al; r&4 AVE, i 01 AVE, AVE. 23b AVE. cr !LLi icr m zo AVE. HAMI ail BANNIN LOCATION -MAP... J� CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES • HUNTINGTON BEACH White City Attorney Canary City Clark Pink City Administrator Goldenrod Departmental Bate 1/- - Requ# Mad By 06xT sv� pe ant ' INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney. Out- line briefly reasons for the request. Attach all information and exhibits pertinent to the subject. . Type of Legal Service Requested: [ ] Ordinance [ ] Insurance [ ] Other [ 1 Resolution [ ] Bonds [ ] Contract/Agreement t^l. Opinion All exhibits must be attac d, or this request ill be returned to you. [ Exhibits Attached 6l� l P ors 1.1 r� @ i8 `7-7 S� If for Council Action, Agenda deadline meeting If not for Council action, desired completion date 54P Signature: `1_yCouncil 'P"' VV ,, 12179 C-I J le V A 0 LANDSCAPE CONSTRUCTION SPECIFICATIONS MARCUS MCCALLEN PARK PHASE l In and for the CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 Main Street Huntington Beach, California SPECIFICATION NO. CO-544 CARDOZA-DILALLO-HARRINGTON, LANDSCAPE ARCHITECTURE and PLANNING PARTNERSHIP 151 Kalmus Drive, Suite K-3, Costa Mesa, California 92626 (714 ) 754-731 1 92648 11 TABLE OF CONTENTS Notice Inviting Sealed Bids Instructions to Bidders Bid Proposal Form Proposed Information Required of Bidders Designation of Subcontractrs Guaranty Contract Faithful Performance Bond Labor and Material Bond City of Huntington Beach Standard Specifications Attachment A - Soil Test Reports Attachment B - Certificate of Insurance Huntington Beach Standard Plan No. 202 Huntington Beach Standard Plan No. 204 Huntington Beach Standard Plan No. 207 Huntington Beach Standard Plan No. 209 Huntington Beach Standard Plan No. 301 Huntington Beach Standard Plan No. 302 Huntington Beach Standard Plan No. 324 Huntington Beach Standard Plan No. 325 Orange County Environmental Management Agency Standard Plan No. 310 Special Provisions Section 1 Definition of Terms Section 2 Control of the Work Section 3 Changes in the Work Section 4 Control of Materials Section 5 Prosecution, Progress and Acceptance of the Work Section 6 Responsibilities of the Contractor Section 7 Measurement and Payment Section 8 Mobilization Section 9 Clearing and Grubbing Section 10 Earthwork Section 11 Drainage Systems Section 12 Concrete Section 13 Miscellaneous Metal N- 1 N- 3 P- 1 P- 6 P- 7 P- 8 0- 1 Cr21 C-22 HB- 1 HB-18 HB-22 1 2 8 10 13 17 23 24 25 27 30 31 35 NOTICE INVITING SEALED BIDS CC-544 Notice Is hereby given that the City Council of the City of Huntington Beach, California . will receive sealed bids for the construction of Marcus MCCaIIon Park In the City of Huntington Beach, California In accordance with the plans and specifications and special provisions on file In the office of the Director of Public Works. Documents w I I I be available on October 30► 1986. A charge of S30.00, not refundable, kill be required for each set of specifictions and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item uantit 1. Mobilization Lump Sum 2. Clearing and Grubbing (See Section 9) Lump Sum 3. Earthwork (See Section 10) 15,500 CY 4. Imported Fill (See Section 10) 9,500 CY . 5. Storm Drain 1801 RCP Pipe 515 LF 6. Storm Drain 21" RCP Pipe 10 LF 7. Storm Drain 24" RCP Pipe 165 LF 6. Storm Drain 36" RCP Pipe 750 LF 9. Storm Drain B" PVC Pipe 35 LF 10. Storm Drain 1511 PVC Pipe 5 LF 11. Storm Drain Junction Structure Type I (OCEMA Std 310) 4 EA 12. Storm Drain Junction Structure C (HB Std 325) 4 EA 13. Storm Drain Concrete Pipe Collar (HB Std 324) 3 EA 14. Curb Inlet Catch Basin (HB Std 301) 2 EA 15. Brooks 12110211 Catch Basin w/ Grate (No. 1212) 2 EA 16. Brooks 12"x18" Catch Basln w/ Grate (No. 1218) 1 EA 17. Brooks 241lx24" Catch Basin w/ Grate (No. 2424) 3 EA 18. Local Depression (HB Std 302) 1 EA 19. Cub and Gutter Type "C" {HB Std 204) 40 LF 20. 5" Curb and Gutter (HB Std 202) 95 LF 21. Concrete Driveway (HB Std 209) 265 SF 22. Coldplane and Overlay Existing AsphaltlC Concrete 1,360 SF 23. Gate at White Sands Drive 1 EA 24. Concrete Sidewalk (HB Std 207) 320 SF ALTERNATE BID 1.� Building Area Overexcavation 8,000 CY 2. Parking Lot Overexcavation 14,000 CY 3. Temporary Fencing Lump Sum In accordance with the provisions of Section 1773 of the Labor Code, the State of . California, Director of the Department of industrial Relations shall determine the genera prevailing rate of wages, applicable to the work to be done; Copies of the Iatest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless It is made on a blank form furnished by the Director of Public Works. The specs a I attent I on of prospect I ve b i dde►s I s ca I I ad to the proposa I requirements, set forth In the specifications, for full directions as to the bidding. s N-1 10 The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to Increase or i decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. The substitution of securities for any money withheld by the Clty, to ensure performance, shall be permitted In accordance with the provisions of the California Government Code, Section 4590. Each bid shall oe made out on a form to obtained at the office of the Director of Public Works, Development wing, 2000 MaIn Street, Huntington Beach, CaIIfornIa; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 pm of November 1_6-, . 9916, and shal l be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City COunclI of said City of Huntington Beach at their reguidr meeting to be held on Monday, the 1st of December, 1986, at the hour of 7:30 pm in the City 0ouncl I Chambers In the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of December 1 1986. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best interest of the City of Huntington Beach, Cal ifGrnia. BY order of the City Councl I of the City of Huntington Beach, Cal I forn i a this October 20. 1986. ID ATTEST: AIIcit Wentwortn City lark r N-2 INSTRUCTIONS TO BIDDERS 40 1. PROPOSAL REQUIREMENTS Proposal requirements shall be as described In Section 10 of the City of Huntington Beach Standard Specifications herein. 2. SUBMITTALS Bids sha I I be submitted in sea I ed envelopes bearing on the outside the name of the bidder, the bidder's address ana the name of the work for which the bid Is being submitted. It Is the sole responsibility of the bidder to see that the bid Is received In proper time. Any bid received after the scheduled time for opeing of • bids wlil be returned to the bidder unopened. 3. LOWEST RESPONSIBLIE BIDDER The City, in determining the lowest responsible bidder may, among other things, take Into consideration the quality, fitness, capacity and adaptablilty of the respective . equipment, materials, articles, devices, apparatuses or process proposed to be used by any bidder hereunder. 4. SUBCONTRACTORIS BID A person, firm, or corporation who has submitted a bid as subcontractor to a prime • contractor Is not disqualified from submitting a subcontracting bid to other bidders. 5. BID.INQUIRIES ALL Inquiries for clarification of contract documents during bidding shall be directed only to Don Noble, Clty of Huntington Beach Public Works Department, (714) 536-5441, who w I I I be the sole responsible Individual for such interpretation. 6. CONTRACT TIME Contract time for the construction of Marcus McCalien Park Phase I, as shown on the drawings and specified herein, shall be 90 consecutive calendar days. N-3 G 610 PROPOSAL FROM Firma Nara To the Honorable Mayor and City Council, City of Huntington Beach, California: • In compliance with the notice inviting sealed proposals for the [7 • • f 0 MC CALLED PARK I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and spacial provisions for the aid work and to the satisfaction of and under the supervision of the Director of Public Works of :aid City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or moterialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the f urnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITT EN !N WORDS PRICE 1 Lump Sum Mobilization @ - Lump Sum 2 Lump Sum Clearing and Grubbing @ Lump Sum 3 15,500 CY Earthwork @ /CY 4 9,500 CY Imported Fill @_ /CY 5 515 LF Storm Drain 18" RCP Pipe @ /LF • • • • ITEM NO. A/rROXWATi QUANtITr ITEM WITH UNIT PRICE MITT" INA01i0Ii VfMT /Ri�6 TOTAL 6 10 LF Storm Drain 21" RCP Pipe @ /LF 7 165 LF Storm Drain 24" RCP Pipe @ /LF 8 750 LF Storm Drain 36" RCP Pipe @ /LF 9 35 LF Storm Drain 8" PVC Pipe @ /LF 10 5 LF Storm Drain 15" PVC Pipe @ /LF 11 4 EA Storm Drain Junction Structure Type I @ /EA 12 4 EA Storm Drain Junction Structure C @ /EA 13 3 EA Storm Drain Concrete Pipe Collar @ /EA 14 2 EA Curb Inlet Catch Basin @ /EA 15 2 EA Brooks 12"X12" Catch Basin W/Grate @ /EA 0 r • 11 ITEM NO. A/rROXMATE QUANTITY ITEM MTN UNIT MICE MMpITTEN IN HORDE UNIT TOTAL 16 1 EA Brooks 12"X18" Catch Basin w/Grate @ /EA 17 3 EA Brooks 24"X24" Catch Basin w/Grate @ /EA 18 1 EA Local Depression @ /EA 19 40 LF Curb and Gutter Type "C" @ /LF 20 95 LF 5" Curb and Gutter @ /LF 21 265 SF Concrete Driveway @ /SF 22 1,360 SF Coldplane and Overlay Existing Asphaltic Concrete @ /SF 23 1 EA Gate at White Sands Drive @ /EA 24 320 SF Concrete Sidewalk @ /SF SUBTOTAL • i Cl 11 11 ITEM NO. APPV= MATE 016"WnTy ITEM MITN LIMIT MIIG! MMIrMI IM MOR S UMIT TOTAL ADDITIVE ALTERNATE BID ITEMS 1 81000 CY Building Area Overexcavation and Recompaction @ /CY 2 14,000 CY Parking Lot Overexcavation and Recompaction @ /CY 3 Lump Sum Temporary Fencing @ Lump Sum TOTAL AMOUNT OF PARK BID (shall correspond with amount stated in contract r" u It is understood and agreed that the approximate quantities shown in the forego-ng proposal sch^dule are safely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bi� in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten 0 0) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the can- erset by the City of. Huntington Beach, California. The undersignc6 has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and cgrftru, t forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to .hE conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of rfstecials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is I (S ?• 7XTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to th City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall faii to execute a contract for doing said work and to furnish good ano sufficient bonds in the f arm set forth ir, the specificztions and contract documents of the City, with surety satisfactory to the City within 10 days after the bid,,'',F r-s fcreived writt notice of the award of the contract; otherwise said security shall be returned to the une:er-igned. ID Licensed in aczordance with an ac- providing for the registration of contract License No • Business Address Place of Residence Dated this day of , 19 Bidder shall signify receipt of all Addenda here, if any: Signature of Bidder r Addendum No. Date Received Bidder's Signature • 11 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1, Firm Name: 2, Address: 3. Telephone 4. Type of firm — individual, partnership, or corporation: 5. Corporation organized under the laws of the State of 6. Contractor's License Number: Classification of Contractor's License is 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: S. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent date: (Contract amt.) Klass bf work) (Date Completed) (Name and address of Owner) 14. List the name of the person who inspected the site of the proposed work for your firm: Date of Inspection C 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. 0 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime can - tractor in or about the construction of the work or improvement in an amount in excess of one-half (%) of one percent (1%) • of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor tails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. • Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS - - a By submission of this proposal, the contractor certifies: I. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all subcontracts entered into and bonds furnished by sub -contractor for this project. r 0 (This guaranty shall be execrated by the successful hider in accordance wit'l instructions in th nrcvi.Ii The bidder may 3xecute the guararty on this pa.le at the time of sribmitting his bid.) a r,UARANTv To the City of Huntington r3each, Department of Pu'--),ic '.'locks: PROJECT: CI The un(ic- signed guarant!,ef, t:)e ccnstrurt;on and 1'1st3113t!on of :-.le foi13%vin- ,vnr•< 1� in_'l-jde:r this project: fLJ 3!l\' of the rnst.eri�h or equi;)ment prove defer!L:ve or 6''.C'Jl:1 1.1la :jor:< 25 3 kvhoIe p'ovo dqa eCt!VP, due t7 �cu1tY worknans'lip, m3ter13? Or s!nu!d Lhe ..l_ < l- am. parL t'")Aroof fa:1 `n op.�r' - ?roperiv n )r _;'!iaP l-!trnde 3)7 In aCoor:jal^_C YlltEl t~1C plj.,jS arn'f S]eC!rI _-!CrlSri!:'' C. cn_: 3F t'l:: 3. )V ca.l3es, 3.1 .'lit')in 12 mont??S after date on .,'-;ich i3 C:o-Atr art i; 7 r t`)e .—ityr th" >• undersigned agrees to reirnbrusp the City, 'Jpon de -nand, for its ?xi) -rises incurred in restoring, said work to the condition contemplated in said projl�t, incl-udi-ig the =ost of any such equipment or materials replaced and the cost if removing and replacinq any other wark ne—cessary to mace such replace-nent or repairs, or, t.rn l derT1can: by `'he City. to replace an,/ such matorial and to repair said work co-np;ptely v.ithout cost to the State so that said work will function successfully as originally contemp;,-3teu'. The City shall have the unqualified option to make any needed replacements or repairs itscif or to have such replacements or repairs done by t'ie undo, igned. In the event the City elects to have said work performed by the unC?r.ssg:le�J, the undersigne-1 agrees that tale repairs shall be made and such materials as :are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his ob':tgations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. Con�lractor a Date 19; V553 41 S A M P L E CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH FOR THE CONSTRUCTION OF ED MANNING PARK THIS AGREEMENT is made and entered into on this day of 19 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of r California, hereinafter referred to as "CITY," and , hereinafter referred to as "CONTRACTOR." • WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction oif various, concrete walkways, a basketball court, picnic tables/benches, irrigation systems, and other installations incident to the completion of Ed Manning Park located at Detroit and Delaware Streets, in the City of 40 Huntington Beach, California; and, CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK f CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary it to complete and construct the PROJECT in a good and workmanlike manner. 41 • C] CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its 41 progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY; and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement; and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. - However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheets). 0 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with 41 all the terms, conditions and obligations of this Agreement and a 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. C- 2. a 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. a "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; V 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 1982 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern 41 California chapter of the American Public Works Association and L 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"); C3. [7 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. 41 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this 0 Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, the sum of dollars ($ ) as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. • • C-4 . 0 4. COMMENCEMENT OF PROJECT i 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 i ( ) calendar/working days from the execution of this Agreement by CITY, excluding delays provided for in Section 11 herein. 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 41 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 0 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 Section 4 herein. 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 41 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 a CONTRACTOR on the premises. P! C- 5 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 is 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. ! Mien 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 41 submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. ! 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a • Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay Ll • C-6. • in commencement of the work due to unavailability of the job i 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 bonds i 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 and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials S furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done i under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after OF 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. D c- 7. • 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and 0 shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all 0 payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESLDELAYS f It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and • Ll • • requirements finished or completed within the number of working/calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of ( ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the C-S . [7 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 0 control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the w 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 0 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, 40 or should CONTRACTOR be delayed waiting for materials required • by this Agreement to be furnished by CITY,.or by damage caused R C_9 . by fire or other casualty at the job site for which CONTRACTOR 0 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, V (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 b D C-lo. a character to be performed under this Agreement. The DPW shall • promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the • work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; i (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 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 C11 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 49 the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an 0 acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall r 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 0 withheld by CITY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 0 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 0 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 0 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 0 State of California. C-13. [1 17. WAIVER OF CLAIMS 0 The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and 0. 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 0 property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive 0 nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 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 C- 14. • • • • • • • liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One -hundred Thousand Dollars ($100,000), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement. 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. r C- 15. 20. INSURANCE A. CONTRACTOR shall carry at all times incident 0 hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned a vehicles and non -owned vehicles. Said insurance policies shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. 0 CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One -Million Dollars ($1,000,0000) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the 0 same. B. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, 0 CONTRACTOR shall furnish to CITY certificates of insurance [1 0 C-16 . • • • 11 subject to approval of the City Attorney evidencing the foregoing insurance coverages; 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 will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it C- 17. 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. 22. 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. 23. 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. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. In accordance with California Government Code Sections 1090 et seq., but subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. C-18. 25. ATTORNEY'S FEES . If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, . and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice . or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, . costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY • is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. 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. 0 C- 19. • • • • 0 0 27. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement._ (REST OF PAGE NOT USED) C-2 0 . r C CJ r 28. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, ---------------- A municipal corporation Name Tie—e;- Mayor ,!;:plc A. Tr;OMS PARTNER Name Title ATTEST: City Clerk REVIEWED AND APPROVED: *sn10 11771 City Administrator APPROVED AS FORM: 1-1442 C y Attorney INITIATED AND APPROVED: Director of Public Works C-21. Standard General 1.2.1 2-1.1 2-1.2 2-1.3 2-4.1 2-4.2 2-5.1.1 2-5.1.2 2-6.1 2-7.1 2-9.1 2-10.1 2-10.3 4-1.4.1 6-1.1 6-1.2 6-2.1 6-8.1 7-2.3 7-2.4 7-3.1 7-5.1 7-6.1 7-6.2 7-8.1 7-8.5.1 7-8.7 7-8.8 7-6.9 7-B.10 TABLE IF CONTENTS CITY OF HDYfTIIkGTON REACH STAKDAfiD SPECIFICATIMS Specifications Special Provisions Definitions Award of Contract Execution of Contract Failure to Execute Contract Return of Bid Bond Guarantee Plans and Specifications Competency of Bidders and Payment for Plans and Specifications Removal of Defective and Unauthorized Work Soil Conditions Permanent Survey Markers Authority of Board and Inspection Final Inspection Test of Materials Construction Schedule and Commencement of Work Progress of the Work and Time for Completion 7-10.1.1 7-10.1.2 7-10.3 7-10.5 7-15 9-3.1.2 Progress Schedule Acceptance General Prevailing Wage Rates Payroll Records Public Liability and Property Damage Insurance Permits and Licenses The Contractor's Representative Superintendence Cleanup and Dust Control Use of City Water System Noise Control Flow and Acceptance of Water Erosion Control California Regional Water Quality Control Board Permit Traffic and Access Safety Precautions Barricades Water Main Shut Dorn Registration of Contractor Payment General Page No. HB-1 HB-1 HB-1 HB-2 HB-2 HB-2 HB-3 HB-3 HB-3 HB-4 HB-4 HB-4 HB-5 HB-5 HB-6 HB-7 HB-7 HB-7 HB-7 HB-B HB-8 HB-B HB-9 HB-10 HB-10 HB-10 HB-11 HB-11 HB-11 HB-11 HB-12 HB-12 HB-12 HB-13 HB-14 HB-14 HB-14 HB-14 9-3.2.1 Progress Payments 9-3.2.2 Final Payment Section 10 Proposal Requirements 10-1 Examination of Plans, Specifications, Special Provisions and Site of Work 10-2 Proposal Forms 10-3 Proposal Bid Bond 10-4 Withdrawal of Proposals 10-5 Public Opening of Proposals 10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities 10-7 Disqualification of Bidders Page No. HB-15 HB-15 HB-16 HB-16 HB-16 HB-16 HB-17 HB-17 HB-17 HB-17 STANDARD SPECIFICATIONS i Except as hereinafter provided, the provisions of the 1981 Edition of the "Standard Specifications for Public Works Construction" (Green Book) published by Building News, Inc. 3005 Overland Avenue, Los Angeles, Cali- fornia 90034, and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard ' Specifications" for this project and shall be considered as a part of these Special Provisions. Where specified, the specified editions of "Standard 'Specifications" and "Standard Plans" of the State of California, Business and Transportation Agency, Department of Transportation, shall apply. If no date of publi- cation is specified, the most recent edition, as of the date of publication of the Notice Inviting Bids for this contract, shall apply. GENERAL SPECIAL PROVISIONS r The following additions are made to the "Standard Specifications." If there is a conflict between the Standard Specifications and these addi- tions, these additions shall have first precedence. 1-2.1 Definitions • (a) AGENCY The City of Huntington Beach, California also hereinafter called "CITY". 17, (b) BOARD The City Council of the City of Huntington Beach, California. (c) CONTRACT Documents including but not limited to the DOCUMENT proposal forms p-1 through p-5, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and -all addenda setting forth any modifications of the documents. (d) ENGINEER The administrating officer of the City of Huntington Beach or his authorized repre- sentative. (e) BIDDER Any individual, co -partnership, associa- tion or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representa- tive. HB-1 (f) LEGAL ADDRESS The legal address of the Contractor shall OF CONTRACTOR be the address given on the Contractor's . bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. , (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the con- tract. (h) SPECIAL PROVISIONS The special provisions are specific clauses setting forth conditions or . requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Trans- portation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be . Considered as a part of the special provisions. (i) STATE CONTRACT Chapter 3, Park 5, Division 3, Title 2 of the Government Code. The provisions of this act and other applicable laws, form and consitute a part of the provisions of this contract to the same extent as is set forth herein in full. 2-1.1 Award of Contract The City reserves the right to reject any and all Proposals. The award of the contract, if it be awarded, will be to the lowest res- ponsible Bidder whose Proposal complies with all the requirements prescribed by the City. 2-1.2 Execution of Contract 2-1.3 The contract shall be signed by the successful Bidder within ten (10) working days after award, and be returned together with the contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the day of contract execution by the City.. Failure to Execute Contract Failure to execute a contract and file acceptable bonds as provided herein within the time specified for the applicable contract cate- gory shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. HB-2 2-4.1 Return of Bid Bond Within ten (10) days after the award of the contract, the City of S Huntington Beach will return the bid bonds accompanying the proposals which are not to be considered in making the award. All other bid bonds will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. 2-4.2 Guarantee The Contractor, by submission of a bid for this project, expressly agrees to the herein stipulated guarantee of materials, products, workmanship, and installations incorporated into this project. All work performed in accordance with these plans, standard speci- fications, and special provisions, including, but not limited to, workmanship, installation, fabrications, material and structural, mechanical, or electrical facilities shall be guaranteed for a period of one year, commencing with the filing of the notice of completion and acceptance of the contract by the City, unless spe- cific areas are to be guaranteed longer as provided in Special Provisions. Security of this guarantee shall be furnished to the City and may be included as part of the Faithful Performance Bond. There shall be express wording in the Performance Bond, if such bond includes f the guarantee or warranty of the Labor and Materials for a one-year period, commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee or warranty period. • The Contractor, by agreeing to this latent defect guarantee, also agrees that within 10 days after notification of a failure or deterioration of a facility or work covered under this contract, he will repair, replace or show reasonable cause as to reason for further delay. Refusal or failure to commence repair or • replacement will cause the City to file claim against the bond. Except from the guarantee of labor and materials will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 0 2-5.1.1 Plans and Specifications D The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of work. HB-3 a Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State . of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further ex- planation or interpretation of the contract. The request by the Contractor and the Engineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimen- sions and quantities and shall immediately inform the Engineer or • his representative of any discrepancies. 2-5� .1.2 Competency of Bidders and Payment for Plans and Specifications Plans, Special Provisions and Proposal forms will be issued only to those contractors who can qualify as competent bidders. A charge . will be required for the taking out of plans, none of which will be refunded to any bidder. 2-6.1 Removal of Defective and Unauthorized Work All work which is defective in its construction or does not meet all of the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in an accept- able manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the plans or established by the Engineer, or any extra work done 40 without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to comply forthwith with any order of the Director made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to become due the Contractor. 2-7.1 Soil Conditions The Contractor shall inspect the soil conditions himself before submitting a bid. By submitting a bid, the Contractor acknowledges that he has satisfied himself as to the quality of the work in- cluding but not restricted to the conditions affecting, handling and storage of materials, - disposal of excess `materials, the soil conditions, and level and amount of groundwater. Ha-u • The Contractor's attention is directed to soils tests completed by Soil and Plant Laboratory, Inc. . See Attachment "A". The availability of soils test results shall not be construed to be a waiver of the Contractor's obligation to inspect the soil condi- tions himself before submitting a bid. By submitting a bid, the Contractor acknowledges that he has satisfied himself as to the quality of the tests including, but not restricted to, the conditions affecting handling and storage of materials, disposal of excess material and level and amount of groundwater. 2-9.1.. Permanent Survev Markers . Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and bench marks located within the limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work, notify the Engineer so arrangements can be made to establish sufficient tem- porary ties and bench marks to enable the points to be reset after completion of construction. 2-10.1 . Authority of Board and Inspection The Contractor shall give at least 24 hours' advance notice when he or his Subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs/day or more than 40 hrs/week, Saturday, Sunday, or City holi- days he shall arrange with the Engineer for the required inspection service and pay the special inspection fees which will be charged at the following rates: • 4 hrs. or less/day $12-5.00 4 hrs. to 8 hrs/day $250.00 When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. If the Con- tractor is directed by the City to work under this contract more than 8 hrs/day or more than 40 hrs/week, the Special Inspection fee requirements will be waived. Any work performed in conflict with said advance notice, without the presence or approval of the Engineer, or work, covered up with- out notice, approval or consent may be rejected or ordered to be HB-5 w uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer. Any unauthorized or defective work, defective material or workman- ship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be cor- rected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and informa- tion given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved Plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following i paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruc- tion, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engi- neer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Con- tractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing of his final decision, which shall be binding on all parties, unless with- in the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final deci- sion on any such protest within thirty (30) days of receipt of same. ' 2-10.3 Final inspection Whenever the work provided for and contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. s S HB-6 4-1.4.1 Test of Materials i All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organi- zations, and such special methods and tests as are prescribed in the Standard Specifications. No materials shall be used until they have been approved by the Engineer. The Contractor shall, at his expense, furnish the City, in tripli- cate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery .is started and before such material is used in the work. The City of Huntington Beach will pay for the initial soil and material tests. Any subsequent soil and materials tests deemed necessary due to the failure of initial tests will be at the Con- tractor's expense. • 6-1.1 Construction Schedule and Commencement of Work Prior to the start of work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The contract time shall commence upon the date of execution of the contract by the City. 6-1.2 Progress of the Work and Time for Completion The Contractor shall begin work within ten (10) working days after i the contract has been fully executed by the City and shall diligently prosecute the same to completion before the expiration of the time specified in the proposal, specifications, and/or contract. 6-2.1 Progress Schedule When, in the judgment of the City, it becomes necessary to accel- HB-i erate the work, the Contractor, when ordered, shall cease work at any particular point and concentrate his forces at such other point or points as directed; and execute such portions of his work as may be required to enable others to hasten and properly engage and carry on their work. 6-8.1 Acceptance Should it become necessary, due to developed conditions, to occupy any portion of the work before contract is fully completed, such occupancy shall not constitute acceptance. 7-2.3 General Prevailing Wage Rates ` In accordance with the provisions of Section 1773 of the Labor Code, the State of California Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk, and the office of the Director of Public Works of the City of Huntington Beach, California. 7-2.4 Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats. 1978, Ch. 1249). The Contractor • shall be responsible for compliance with these provisions by his subcontractors. a. Each contractor and subcontractor shall keep an accurate pay- roll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in sub- division (2) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards En- forcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. HB-9 V, 3. A certified copy of all payroll records enumerated in sub- division (a) shall be made available upon request to the public for inspection of copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. ' c. Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The . name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (2), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. In the event of noncompliance with the requirements of this section, the contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict • compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 7. 3.1 Public Liability and Property Damage. Insurance i The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: a HB-9 Combined Single Limit Bodily In'ur and/or Property • Dema a Including Products Liability: $1,000,000. Combined single limit per occurrence. Such policy shall provide coverage at least as broad as that pro- vided in the Standard Farm approved by the National Bureau of Casualty Underwriters together with such endorsements as are S required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra Work", should such work be- come necessary. Prior to the commencement of work under the contract, evidence of • insurance shall be furnished on a form provided by the City (see Attachment 911), and no other form will be accepted. In addition, the Contractor shall furnish evidence of a committment by the insurance company to notify the City of the expiration or cancel- lation of any of the insurance policies required hereunder not less than 30 days before any change in coverage, expiration or ■ cancellation is effective. The Contractor shall also show proof of Workers' Compensation coverage or a valid certificate of self-insurance. 7-5.1 Permits and Licenses Except as otherwise specified in the Special Provisions, the Con- tractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In • the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authori- zations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. • 7-6.1 The Contractor's Representative Contractor shall also file with the Engineer, the address and tele- phone numbers where he or his designated representative may be reached during hours when the work is not in progress. Instruc- tions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. 7-b.2 Superintendence Whenever the Contractor is not present on any part of the work HB-10 0 where the City desires to give direction, orders will be given by the Director in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. 7-8.1 Cleanup'and Dust Control All surplus materials shall be removed from the site immediately after completion of the Work causing the surplus materials. Unless the construrtlon dictates otherwise, and unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construc- tion, including restoration, is incomplete. 7-8.5.1 Use of City Water System The Contractor shall make arrangements with the City of Huntington Beach Public Works Department for requirements, locatior! of source and payment prior to the taking of any water from the City system. • 7-8.7 Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting, from construction equipment used. • In addition, working hours shall be restricted to between the hours of 7:00 AM to 5:00 PM. 7-8.8 F1ou and Acceptance of Water Storm, surface and possibly ground or other water may be encountered at various times and locations during the work. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and/or public property by flooding or lateral erosion if not properly controlled by the Contractor and the Contractor acknowledges that his bid was prepared accordingly. The Contractor, by submitting a bid, assumes all of said risk. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruction along existing street and drainage courses. Drainage of water from existing catch basins shall be maintained at all times. Diversion of to water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the Engineer, are not subject to the probability of damage. The Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water will be permitted by the Engineer. ri HB-11 S Ci In the course of water control, the Contractor shall conduct con- struction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. The City has received a permit for discharging from the California Regional Water Quality Control Board that is reproduced in these Special Provisions as Attachment C. • 7-8.9 Erosion Control The Contractor shall submit a written plan specifying methods to control erosion due to the construction activities of the project. This plan shall be submitted for approval to the Director no later than five (5) days after the opening of bids. 7-8.10 California Regional Water Quality Control Board Permit The City has received a permit for discharge from the California Regional Water Quality Control Board. No water quality problems are anticipated as a result of groundwater dewatering discharge. However if problems develop and it is necessary to aerate, oxidize, detail or otherwise treat the discharge, said treatment will be considered as "extra work" and shall be carried on by the Contractor. All monitoring and reporting required by the permit will be done by the City; however, this does not relieve the Contractor from t compliance with other conditions, provisions and requirements of the permit. Applicable sections of said permit are hereinafter contained in Attachment C and shall be considered as part of these Special Provisions. • 7-10.1.1 Traffic and Access No full closures will be permitted. Daylight lane closures will be permitted with prior approval of the Engineer provided flagmen are available for control of vehicle movements. Closures are limited • to between 9:00 AM and 3:00 PM. Safety precautions shall conform to Section 66-107 of State Standard Specifications and these Special Provisions. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be i directed to the Engineer. Contractor shall submit, when necessary, a plan indicating lane closure and detouring layouts for traffic engineer's approval. HB-12 • The Contractor shall provide for and maintain provisions for public traffic through the construction area at all times. Unless other- wise specified in these Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, Construction Safety Orders, and Chapter 12.24, "Warning Lights -- Barricades" of the Huntington Beach Municipal Code. The Inspector may require additional devices to control traffic as traffic and construction conditions require. The Inspector may stop work at the job site until the required safety and traffic control devices are put in place by the Contractor. The cost for ' additional safety and traffic control devices shall be included in the unit price or lump sum prices bid for the job and no additional compensation will be allowed therefore. Questions pertaining to construction, warning signs and devices shall be directed to the Engineer. . Prior to the beginning of work, the Contractor shall present to the City a detour plan pertaining to any detour(s) he feels will be required to properly prosecute the work. The detour plans, when accepted by the City, shall become the official document upon which detour(s) shall be put in place and maintained when required. Any detour which will last longer than three calendar days shall be delineated by removing the existing striping and legends on the pavement by sandblasting and placing new striping and legends as may be appropriate to accommodate the detour. Upon completion of the work and the restoration of the road surface to its final condition, the detour striping shall be removed by sandblasting by the Contractor and the original striping replaced. Cost for removal and replacement of detour striping shall be included in the • other items bid for the work and no additional compensation will be allowed therefor. The Contractor's attention is specifically directed to HBMC Section 12.24, "Warning Lights - Barricades",.pertaining ,to the use of barricades and lights in excavation areas. Flashing barricades will be allowed as a substitute for "lights" as described in that section. 7-10.1.2 Safety Precautions The Contractor shall provide for and maintain provisions for public traffic through the construction area at all times. Unless other- wise specified in these Special Provisions, work shall be -in accordance with Sections 4-1.04, 7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, i Construction Safety Orders, and Chapter 12.24, "Warning Lights -- Barricades" of the Huntington Beach Municipal Code. HB-13 • The Inspector may require additional devices as traffic and con- struction conditions require. Questions as to construction warning • signs and devices shall be directed to the Engineer. Contractor shall require that an approved safety vest be worn by all personnel who are working at this proejct site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be • directed to the Engineer. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and prac- tices, shall be adhered to and enforced by the Contractor. 7-10.3 Barricades All barricading to meet manual on Uniform Traffic Control Devices - 1975. 7-10.5 Water Main Shut Down When a City water main or service is to be shut down, the affected residents shall be notified by the Contractor at least 24 hours in advance of the shut down. The Contractor shall proceed with the water facilities work in an expedient manner until the water lines are in service. if water service to residents is disrupted for more than 4 hours, the Contractor shall provide temporary water • service to the residents. The cost shall be included in the other items bid. 7-15 Reoistration of Contractor Prior to the award of the contract, the Contractor shall be • licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progessions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providing a method of obtaining licenses to engage in the business of contracting and fixing the fees for such licenses; • and prescribing the punishment for violation of provisions thereof, as amended. 9-3.1.2 Payment General Payment for the furnishing of all labor, materials and equipment necessary to perform all work indicated on the plans and described in these specifications and Special Provisions shall be included in the contract unit prices bid for the items listed on the Proposal, and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in the prices bid for listed items. 0 HB-14 • Non -listed items to be included in the unit prices bid for various items listed on the proposal consist of, but are not limited to, • the following: 1. Watering and dewatering. 2. Backfill, compaction and disposal of surplus material. 3. Maintaining public utility facilities. 4. Miscellaneous removals. 5. Trench resurfacing. 6. General finishing and clean-up. 7. Barricading, traffic control, and temporary striping. S. Restoring private property improvements. 9. Potholing utilities. 9-3.2.1 Progress Payments The City shall, once in each month, cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor to the job site and not used as of the time of such estimate and the value thereof. The City shall retain money in the amount of ten percent (10"0') of the progress payment unless approval of the Engineer for greater percent of such estimated value of the work done is obtained. The City shall retain money in the amount of fifty percent (500%) of the value of the materials so estimated to have been furnished and delivered and unused, provided the mate- rials were fabricated specifically for the project. No payment • will be made for standard stock items that have not been incor- porated in the work. The City shall monthly pay to the Contractor while performing the work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be re- quired to be made when in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contractor when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). a 9-3.2.2 Final Pa ment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments • and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and pay- ments shall be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty-five (35) days from the date of recording a Notice of Completion. / hkB-15 It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the ! final certificate of final payment, shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Section 10 Proposal Requirements 10-1 Examination of Plans Standard SEEcifications, Special Provisions arid Site of Work The bidder shall examine carefully the site of the work contem- plated and the proposal, plans, specifications and contract forms • therefore. It will be assumed that the bidder has investigated and is satisfied as to the general and local conditions to be en- countered; as to the character, quality and quantities of the work to be performed and materials to be furnished; as to the character of equipment and facilities needed preliminary to and during the prosecution of the Work; and as to the requirements of these speci- fications. It is mutually agreed that submission of a proposal shall be con- sidered prima facie evidence that the bidder has made such examina- tion. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of • this contract shall effect or modify any of the terms or obligations herein contained. 10-2 Proposal Forms All Proposals must be made upon blank forms to be obtained from the i office of the Director of Public Works at the Civic Center, Huntington Beach, California. The Bidder shall submit his Proposal on the form furnished him. Proposals submitted on forms other than the one issued to the Bidder will be disregarded. All Proposals must give the prices proposed both in words and • numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. If the Proposal is made by an individual, firm or partnership, name, post office address and telephone number must be shown. If made by a corporation, the Proposal must show the name of the state under the laws of which the corporation, and the names, title, and business addresses and telephone numbers of the President, Secretary and Treasurer. 10-3 Proposal Bid Bond All bids shall be presented under sealed cover and shall be accom- panied by cash, a cashier's check, certified check, or bidder's HB-16 band made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10 0) of the amount of said bid, and ' no bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 10-4 Withdrawal of PrgRosals Any bid may be withdrawn at any time prior to the hour fixed in the ' Notice To Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right Of a Bidder to file .a new bid. 10-5 Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice To Contractors. Bidders or their auth- oPized agents are invited to be present. 10-6 Rejection of Proposals Containing Alterations. Erasures or r,regularities proposals may be rejected if they show any alterations of form, a0ditiohs not called for, conditional or alternative bids, incom- plete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. 10-7 Dos ualification of Bidders More than one proposal from an individual, a firm, a partnership, a . corporation, or an association under the same or different names Will not be considered. Reasonable ground for believing that any Bidder is interested in more than one Proposal for the work con- tamplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collu- sion exists among any or all bidders, any or all Proposals may be • rejected. Proposals in which the prices obviously are unbalanced may be rejected. 10-8 The provisions of Section 7-1.125, "Legal Actions Against the Department", and Section 7-1.165, "Damage by Storm, Flood, Tidal wave, or Earthquake", of the State of California Standard Specifi- cations, January 1978 edition, are herewith incorporated by reference into these Special Provisions. HB-17 a f • ATTACHMENT A SOILS REPORT • • • :7 7 7 :7 • 0 CITY OF HUNTINGTON BEACH November 12, 1985 J. N. 223-85 Earth Research Associates Inc. :7 Ec►rth Research Associates Inc, November 12, 1985 J. N 223 85 Purchase Order No. 3863, CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA ;92048:_:� Attention:. Mr. Les Evans City Engineer Subject: Preliminary Soils Engineering and Foundation Investigation, McCallen Park Site (CC-544), Between Delaware Street and Huntington Street, Huntington Beach, California. Gentlemen: This report presents the results of our Preliminary Soils Engineering and Foundation Investigation performed within the subject property. The purpose of this investigation was to determine the nature of surface and subsurface soil conditions and evaluate their potential effect on the proposed development. Based on our findings, we have outlined herein recommendations pertaining to site clearing, grading, and construction of building foundations. =1 Red Hill Ave. • The Esplanade IV • SWte 120 • Costa Mesa, Ca. 92626 • (714) 549-8921 CITY OF HUNTINGTON BEACH November 12, 1985 J. N. 223-85. _ Page Two LOCATION -AND SITE DESCRIPTION Comprising an area of approximately 6 acres, the subject property is ." rectangular in shape and fronts on the west side of Delaware Street - and on the east side of Huntington Street in the City of Huntington -Beach, California. Nearest cross streets are Yorktown and Utica Avenues located at approximate distances of 395 and 495 feet to the north and south, respectively. Approximate site dimensions are 430 feet in width by 620 feet in depth. An oil well, several storage tanks, and an oil tower are presently located on the site. There are no buildings present. However, a topographic survey map prepared by L. A. Kneedler, Surveying (map dated April, 1980), indicates that a variety of metal and wood -frame buildings, slabs, a pond, and underground tanks previously occupied portions of the site. A shal►ow lake (recently drained) is located on the west one-half of the property. The lake covers an estimated 40 percent of the total site area. The remainder of the site is underlain with extensive deposits of unconpacted fill. Vegetation within the lake area presently consists of a very dense growth of weeds, shrubs, and small trees. Significant trash (shopping carts, tires, etc.) was also observed in the lake area. Scattered patches of weeds and grasses exist within other areas of the site. Earth Research Associates Inc. • i i • CITY OF HUNTINGTON BEACH PROPOSED DEVELOPMENT November 12, 1985 J. N. 223-85 Page Three : Specific details concerning physical development of the site are not. available at this time. However, a tentative site development plan indicates a one-story Boys and Girls club building, adjacent parking lot, basketball court, and baseball field are being considered.. The existing oil well, storage tanks, and an oil tower will remain -De e.op2 .�ent.ofilttieh wTf nciu' a Isackfi-Ming of..the''ekisting:}1ake .•>:. ems. z._.,.7.=: �.,.►.3X....f". o�w..�...�.� �s.:`rt��_...`. .:eia:} ,t,. #' .es.L:.rw .:.�4 �iistl fats"on af-a 3b=.inc��yFDjS_torrii"drai�ac�o5s`:the44 ce- +:r?of��t�i�e site p._�Ia �.:1.L.� Jd�li.fW +..A`T. weLAL -fast).:: The storm drain will carry water from an existing storm drain outlet located on Huntington Street to an existing storm drain located on Delaware Street. Although other site development schemes may be considered, our conclusions and recommendations as presented herein are based on the tentative development as described above. EARTH MATERIALS Lake bottom sediments as exposed in Test Pit 10 consist of.Silty Clay type:;' earth materials which were found -to'he.saturated "and very"soft- to• a."depth��' of -approximately 4 feet... Belo,4 this..depth, native soils were found to-' .consist of Sandy Clay materials that are very moist and firm to stiff �inplace Owing to the saturated condition of lake bottom sediments, access C to other areas of the lake was not possible.. Earth Research Associates Inc. 13 CITY OF HUNTINGTON.BEACH November 12, 1985 J..'N.: 223-85:1 Page Four' Uncompacted-Fill 7. Uncompacted fill was encountered in each exploratory test pit excavated outside the lake area. Fill depths ranged from 6 to 9 feet -in the areas north of thelake and existing oil well, 3 to 11 feet in proximity to. the oil well and adjacent storage -tanks, and from 7 feet to an estimated maximum of 25 feet in the southeast portion of the site. Fill materials " typically consist of Clayey Sand and/or Silty Sand which contain varying amounts of asphalt and concrete, occasional pockets of . oil waste materials, trash, and debris. Trash and debris generally consist of tires, lumber, wood, and metal. Moisture contents range from damp to wet at depth, and free water was observed in several of the deeper test pits. The fill existing in the southeast portion of the:site:includes-stockpiled materials; estimated at 10 feet in depth, which ciera derived frcn-the adjacent property located on the south.(presently b4ing graded). -It is expected that most of these stockpiled materials will be removed as the adjacent property is brought to final grade. Native Soils Native soils underlying the existing fills consist of dark brown -and red -brown Clayey Sand and Sandy Clay which were found to be moist and dense. Earth Research Associates Inc. ft November 12, 1985 J. N. 223-85 Page Five FIELD INVESTIGATION Subsurface exploration involved the excavation of fourteen (14)-backhoe • test pits to depths varying.from 8.0 to 17.0 feet below the existing ground surface. Earth materials encountered were classified in actor - dance with the visual -manual procedures of the'Unifie.d Soil Classification CITY OF HUNTINGTON BEACH • System, and each test pit then logged. Approximate test pit locations are shown on the accompanying map, and descriptive test pit logs are presented in Table 1. Associated with the-subsurface.exploration'was, the collection of representative disturbed and undisturbed samples for laboratory testing. 0 LABORATORY T€STING To further evaluate the engineering characteristics of onsite earth materials, several laboratory tests were performed on selected samples considered representative of those encountered. Laboratory tests included the determination of maximum dry density, expansion potential, in situ moisture and density, shear strength, and consolidation properties. A description of laboratory test criteria is provided in Appendix A, and all test data are summarized on Plates A-2 through A-8. An evaluation of the test data is reflected throughout the following "Conclusions and Recommendations". Earth Research Associates Inc. CITY OF HUNTINGTON BEACH November 12, 1985 J. N. 223-85 Page Six_ CONCLUSIONS AND RECOMMENDATIONS General From a soils engineering viewpoint, the subject property is considered suited for'the proposed development provided the following conclusions .and recommendations are incorporated -into the design criteria and project specifications. However, owing to the presence of loose fill, trash, debris, and soft lake bottom deposits, considerable remedial grading work will be needed.in areas where structures are proposed. -Existing Fill As indicated previously herein', -approximately 60 percent of the site is - underlain by -loose, uncompacted--fill-containing asphalt and portland cement concrete rubble as well -as organic trash and debris. None of this fill, in its present condition is considered suitable for support of buildings, storm drain pipes, driveways, parking lots, or -paved courts. Where such features are proposed all existing fill deposits will have to be removed and be replaced with compacted engineered fill. Depths of fill, as encountered within the exploratory test pits are shown on a copy of a Topographic Survey Map which accompanies this report (in pocket). Earth Research Associates Inc, OR CITY OF.HUNTiNGTON BEACH November 12, 1985 J. N. 223-85 ,. Page,.Seven Should it be determined that structures are to be located'in areas of existing fill deposits then all fill underlying the.structure and . extending to a horizontal distance..of 5 feet, or horizontal distances' equal .to the depths of fill, whichever is greater, should be removed. The resulting excavation should then be brought back'to finish grade . with compacted engineered fill. This same procedure should be followed for major pipe lines, paved parking and driveways, -and any other proposed facilities that would suffer distress due to differential and total settlements that could exceed 6 inches. Existing Lake Area The existing lake bottom consist of at least 4-feet of soft, compressible sitly clays. It is our understanding that the lake is to be filled with earth to an elevation approximately equal to that of the surrounding higher ground. If structures, etc., are to be sited within this area then the soft silty clay deposits must be removed to firm natural ground prior to placement of controlled, compacted fill. Owing to the wet, soft nature of these soils (at the time of our field investigation) special equipment may be required for removal. Earth Research Associates Inc. • Cl • • 0 • D CITY OF HUNTINGTON BEACH November 12, 1985 • -J. N. 223-85 Page Eight Fill Materials" Existing fill deposit materials within the site may be reused in constructing compacted fills provided that all trash and organic debris is first removed. Asphalt and portland cement concrete rubble may be mixed with fill.soils provided that pieces larger than 12 inches in greater dimension are -removed. - It is expected that hand picking of trash and debris will be necessary during removal and recompaction operations. The soft, wet, silty clays occurring within the existing lake bottom can likely be reused in the construction of compacted fills. However. - they will have to be spread and allowed to dry sufficiently so that .proper compaction may be achieved. Groundwater Groundwater was not encountered within any of our exploratory Test Pits, except for Test Pit No. 8. In Test Pit No. 8 water was encountered to a depth of 17 feet below existing grade on.October 2, 1985. The existing lake was drained several months prior to our field investigation. This likely accounts for the absence of water in the majority of the Test Pit excavations. When the lake contains water we would expect that water would be encountered in the surrounding loose fill deposits at nearly the same elevation as the lake water surface. Consequently, if removal and recompaction Earth Research Associates Inc. CITY OF HUNTINGTON BEACH November 12, 1985 J. N.-223-85 Page .Ni ne. of loose fill toils is planned it will be necessary to maintain the lake in a drained condition, or.redrain-it prior to -the' -start of work. Provided that proposed buildings, driveways, parking lots, etc., are founded on compacted fill and at an elevation of at least 2 feet above the maximum possible lake water elevation, we do not anticipate that groundwater will -be a problem even if the lake is allowed to refill upon completion of construction. Subsurface structures, pipelines, etc., should be designed with sufficient cover to resist hydrostatic uplift if the lake is to be refilled after their construction is completed. Engineered Fill Placement Prior to placement of controlled compacted fill, all deposits of existing loose fill and/or soft lake bottom deposits should be removed to expose firm, natural ground. Inspections should be performed by the soils engineer during removal operations to verify.that all unsuitable materials have been removed. When all unsuitable materials have been removed, the exposed natural ground surface should be scarified to a minimum depth of b-inches, watered or dried as necessary to achieve near optimum moisture conditions and then be compacted inplace to a'minimum of 90 percent of the laboratory standard. Earth Research Associates Inc. CITY OF HUNTINGTON BEACH November 12, 1985 'J. N.-223785 Pager Ten..... Fill materials' consisting of onsite soils free of trash, -;debris, organic matter, and asphalt or concrete rubble greater than -12 inches in size or approved clean imported soils, should be placed in loose lifts restricted to 8 inches in thickness, watered or dried to achieve near optimum moisture and then compacted inplace with mechanical equipment to a minimum of 90 percent of the laboratory standard. Each -fill lift should be treated in a like manner. The laboratory maximum dry density and optimum moisture content should be determined for each major soil type encountered during engineered fill placement operations in accordance with Test Method ASTM:' D-1557. Compacticr, testing and inspections should be provided during engineered fill placement operations to assist the contractor in obtaining the required minimum degree of compaction. Landscape Fill In areas where no construction is proposed, ballfields, lawns, etc., existing loose fill deposits may be left inplace. However, in order to facilitate planting and sprinkler installation, it may prove advantages to remove the uppermost 2 feet of fill and remove rubble and debris and then replace it in these areas. As an alternative, 2 feet of clean, imported soils could be placed over the existing rubble fill soils. Earth Research Associates Inc. Ll C- 0 Cl • CITY OF HUNTINGTON BEACH November 12, 1985 J.-N. 223-85. Page Eleven: If the existing lake is to be -filled and then used only -for ball fields or similar uses then removal of the soft clays in the lake bottom would. not be necessary as we expect that 3 to 6 inches of long term settlement would not be a problem for these types of facilities. Site Clearing Prior to performing any site grading work existing surface trash, concrete slabs, debris, and vegetation should be removed and be disposed of offsite. Stormdrain Construction Construction of a relatively large diameter stormdrain is proposed within the site. The drain will cross the site in east -west direction near the midpoint, north -south. The exact alignment and.invert elevations for this pipe are not known. However, unless this pipe is placed relatively deep, we expect that loose fill and/or soft lake bottom deposits may be encountered at invert elevation. If such is the case, all such materials should be removed and be replaced with controlled fill placed as outlined herein under "Engineered Fill Placement". Site soils are not considered suitable for pipe bedding or backfill and it is recommended that imported granular materials be used for bedding and backfill to at least 1 foot above the top of the pipe. Earth Research Associates Inc. 1 CITY OF HUNTINGTON BEACH_ November 12, 1985 J. -N. 223-85 ....Page Twelve Building Foundations Provided that engineered, compacted fill underlies`bUildings, We anticipate that conventional shallow spread and continuous footings may be utilized for support of small to moderate sized ones. Allowable bearing values will have to be determined when the character of soils to be used is' determined and foundation loads are known. However, we expect that they will range from 1300 to 2000 pounds per square foot for footings founded at depths of 12 to 18 inches into engineered fill. Conventional, concrete, floor slabs ongrade may also be used for buildings sited -on controlled engineered fill. Expansive Soils Site soils encountered within our exploratory test pits varied from non - expansive Silty Sands to highly expansive Sandy Clays. Consequently, the need for reinforcement of building foundations and concrete slabs on -grade, to minimize potential distress due to expansive soils, will depend upon the nature of the soils underlying them and can only be determined during engineered fill placement operations. Earth Research Associates Inc. i a • • is CITY OF HUNTINGTON BEACH November 12,:4985 J. N..223-85:. Page'Thirteen Flexible Pavements As indicated previously herein, existing fill underlying the.site is of such poor quality that it is not considered suitable for support of, asphalt paved driveways or parking areas. Consequently, it is recommended that existing fill be removed and be replaced with engineered fill in all areas where Such features are planned. The required structural pavement sections.for paved areas will vary depending upon expected useage and the quality of the soils utilized to construct the engineered fills underlying them. However, we expected that 3 inches of asphalt concrete underlain by from 4 to 8 inches'of Class 2 aggregate base material should be suitable for all site areas to be paved. INVESTIGATION LIMITATIONS This report is based on the project as described and the geotechnical data obtained from the field tests performed at the locations indicated on the plan. The materials encountered on the project site and utilized in our laboratory investigation are believed representative of the total area. However, soils can vary in characteristics between excavations, both laterally and vertically. Our firm should be notified of any pertinent change in the project plans or if subsurface conditions are encountered Earth Research Associates Inc. a • • is CITY OF HUNTINGTON BEACH November 12,:4985 J. N..223-85:. Page'Thirteen Flexible Pavements As indicated previously herein, existing fill underlying the.site is of such poor quality that it is not considered suitable for support of, asphalt paved driveways or parking areas. Consequently, it is recommended that existing fill be removed and be replaced with engineered fill in all areas where Such features are planned. The required structural pavement sections.for paved areas will vary depending upon expected useage and the quality of the soils utilized to construct the engineered fills underlying them. However, we expected that 3 inches of asphalt concrete underlain by from 4 to 8 inches'of Class 2 aggregate base material should be suitable for all site areas to be paved. INVESTIGATION LIMITATIONS This report is based on the project as described and the geotechnical data obtained from the field tests performed at the locations indicated on the plan. The materials encountered on the project site and utilized in our laboratory investigation are believed representative of the total area. However, soils can vary in characteristics between excavations, both laterally and vertically. Our firm should be notified of any pertinent change in the project plans or if subsurface conditions are encountered Earth Research Associates Inc. 0 r • 0 i CITY OF HUNTINGTON BEACH November 12, 1985 J. N. 223-85 Page Fourteen which differ from those described in -this report, since this may require a re-evaluation of our recommendations. This report has not been prepared for use by parties or projects other than those named or described herein.. It may not contain sufficient information for other parties or other Purposes. Since our investigation is based upon the site materials observed, selective laboratory testing, and engineering analysis, the conclusions and recommen- dations presented herein are professional opinions. These opinions have been derived in accordance with current standards of practice, and no warranty is expressed or implied. This opportunity to be of continued service is sincerely appreciated. Please call if you have any questions pertaining to this report. Respectfully mitted, /1 y W-55rg_�CH ASSOCIATES, INC. rTomBe ou Dave Derinq, P. E. Presiden RCE O1Q6 CB/TB/DD/de' Enci s . Earth Research Assockates Inc. Ll a a r 0 0 0 llp APPENDIX A LABORATORY TEST CRITERIA UNIFIED SOIL CLASSIFICATION SYSTEM LABORATORY TEST DATA TEST PIT LOGS N. 223-85 r LABORATORY TEST CRITERIA Soil Classification Soils encountered within the property were classified and described utilizing the visual -manual procedures of the Unified Soil Classification System. The final soil classifications and assigned group symbol are presented in the "Logs of Test Pit and Borings", Table I. Plate A-2 presents the major divisions and group symbols of the system. • Laboratory Maximum Dry Density Moisture -Density relations of onsite soils were determined for selected samples per ASTM: D-I557-78. Pertinent test values are given on Plate A-2. • Expansion Expansion Index tests were performed on samples of the major soil types in accordance with Uniform Building Code Standard Test No. 29-2. Test results are given on Plate A-2. In Situ Moisture and Density Field moisture content and dry unit weight were determined for undisturbed samples gathered in representative stratum. The data were necessary for determining reasonable estimates of shrinkage and subsidence that will occur during grading. The information is also useful in providing a gross picture of soil consistency between excavations. Test data are summarized on Plate A-3. a 6 J. N. 223-85 r LABORATORY TEST CRITERIA - Continued Direct Shear The Coulomb shear strength parameters, angle of internal friction and cohesion, were determined for remolded and undisturbed test samples. • All test samples were artificially saturated, then sheared under varying normal loads at a constant rate of strain of 0.05 inches per minute. Results are summarized on Plate A-4. 6 Consolidation Settlement predictions under anticipated loads were made on the basis of the consolidation tests. Axial loads were applied in several • increments to a laterally restrained 1-inch high sample. Loads were applied in a geometric progression by doubling the previous load, and the resulting deformations were recorded at selected time intervals. • The test samples were saturated at a loading of 1.4 tons per square foot in order to evaluate the effects of.a sudden increase in moisture content. Results of the tests are plotted on the "Consolidation Pressure • Curves", Plates A-5 through A-8. I MAJOR —DIVISIONS MAJOR —DIVISIONS GROUP TYPICAL NAMES' 5Ytrto0LS ' L GYl Well graded gavels, 'gravel-sond mixtures, _ CLEArl little or no tines. GRAVELS (Little ar no fines '•''•� GP Poorly grodsd grovels or-srovel-sand mislures, GRAVELS lisle cr no fines. (More than 50 % at 4 1l coarse fraction is LARGER than Iha Grr] 5+Itr grards, grovel -sand -sift mislurzs. No. 4 sieve size) GRAVELS I WITH FINES GC Cra ar grovels, � vel-sond rmixtures, COARSE (otmt f fines) GRAINED SOILS (more than 50% of sir>I Well graded sands, grovetly'sends. lulls ew rrsaferiol is t.ARGER _ r.a fines. the.-, NO. ZOO sieve CLEAN SANDS size) (Lillis or no fines] _ ... 5P Poorly graded sands or Wavoily sands. tittle SANDS - or no fines. {More thou 50 % of coarse fraction is SMALLER than the No. 4 sieve size) SANDS S.,1 silty sands. sand -sill mistwe. WITH FIDES , (Apareciable ornt. of lines) SC Clayey sands, sand -clay mixtures. I{ Inorgenie silts and very fine sands, roc` ftow. I ir]L silty er clayey fine sands or clayey silts !I a:th Slight Plasticity. SILTS AND CLAYS lnorg:nic. clays of k w to medium plaslieoy. (Liquid limit LESS than 50) CL gravelly clays, Sandy cloys, silly clays. lean cloys. OL Organic silts and erpenic silly clays of I~ FINE GRAINED p;oslieity. . SOILS (More lhan 50 % of My (nor;enic silts, tnicoreaus or diwomeero.rs - raaleriel is 5YALLER fine sandy or silty soils, elastic silts. - thcn N0.200 sieve size] ' SILTS A 'D CLAYS (Liquid limiT G?EATE!? than 50) CH Inortpnie clays of high ploslieity, fat cloys. y OH Orgonic clays of medium to high plasticity, orgesrc sills. HIGHLY ORGANIC SOILS o; Peal and olher highly orgonic soils. SOU--NDAPY CLASS IFfCATI0W5: -coils possessing chcracteris:ics of two groups are. designoled by eambinalioas of grow) symbels. P A R T. I C L E S I Z E L I-M.I T S SAN❑ GRAVEL �. $IL7 OR CLAY -03BLESl BOUi-GER5 �y Fr..e Me:.uw CCrase ►rtie CoA4sf t No. PDO 10. 40 1.110 ".4 14 3M. (12i 1 U. S. STAMDf.AD 5 1 E V E SITE UNIFIED SOIL CLASSIFICATION _SYSTE.M. Earth Res arch Associates Inc. ✓N 223-85 P/ate A J. N. 223-85 Test Pit Depth Number ft. 1 4.0 3 2.0 10 '5.0 12 3.0 Soil Type A - Clayey Sand (SC) • B -.Clayey Sand (SC) C - Sandy Clay (CL) D - Silty Sand (SM) • • LABORATORY MAXI+''Li 1 DRY DENSITY* Optimum Mgistore Maximum Dry Soil T,pe _ Content (1% Density (ocf} A - Clayey Sand (SC) 11.0 124 B -.Clayey Sand (SC) Fill 14.0 116 C - Sandy Clay (CL) 12.5 J 2 D - Silty Sand (SM) Fill 10.0. 128 EXPANSION INDEX TEST DATA** Expansion_ Index 41 34 98 12 ` * Per Test Method ASTM: D-1557-78, ** Per Uniform Building Code Standard Test No. 29-2. **} Per Table 29--C, "Classification of Expansive Soils", Unicorn Building Code, 1982 edition. Expansion Potential*** Low Low High Very Low PLATE A-2 j r.4. 223-85 Test Pit' Depth * Number ft.) 1 1.5 1 4.0 2 3.0 2 6.0 3 2.0 5 3.0 7 3.0 • 10 5.0 12 3.0 12 6.0 i • • 6 r Ira -PLACE MOISTURE DENSITY TEST DATA Moisture Dry Density Soil M (pcf) !YL 10 90 B 13 112 A 8 95 B 14 109 C 11 93 B 7 89 B 6 104 D 19 106 C 5 99 D 18 107 A Relative Density (%) 78-Fi1I 90 82-Fill 89 80-Fill 77-Fill 81-Fill 87 77-Fill 86 PLATE A-3 • J. N. 223-85 10 Remolded _Test Sar,-2]es* DIRECT SHEAR TEST DATA Angle of Internal -Sol Type Friction de reel A - Clayey Sand (SC) 27 B - Clayey Sand (SC) 28 C - Sandy Clay (CL) 23 • D - Silty Sand (SM) 31 * Remolded to 901/wo Relative Compaction o 7 0 i Undisturbed Test Samples Test Depth Pit ft 1 4.0 2 6.0 12 fi. 0 Angle of Internal Friction (degrees) 32 25 29 PLATE Cohesion sf 180 150 340 75 Cohesion sf 270 480 210 A-4 LOAD - KIPS -PER SQUARE FOOT p0 r z 5 a Ln O U t i.a U a ua c- Bori og No.: TP—"" Depth (ft. ): _ � CONSOLIDATION PRESSURE CURVE' EARTH RESEARCH ASSOCIATES, INC. J.N.223—&batv° 1p5 P 1 a t e f4-5 0.1 0.2 013 q.4 . 066 0.8 1 O Fs G C) Ln 0 U Lu U w LOAD - KIPS -PER SQUARE FOOT ?? 1 D 2Q 30 40 +�! • � � .ail •I! [i; , , :; EI :I;i !'!� ili I i li I �.- I [ t 'ill li 1 1 ;;' ' �+Il.li; ;;: '! � ;ii'i �� r �; ili� li' �i:i ;�li ',� �: ,. _� I � � I i . I I i�i � i 'j; i : I � i ;!. .,, li:;� .il;ii :�:I �' ;`;: " .li� 1I 1 •I, il�i ., .1; II'•I •11. 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I., !ir ' fI ' I ;i f I :I I � �.. - - - - ! •I� 1 . I�i� � ��I I 1 II � II ; II !II r ff� k I f �., : i 1,f1 i I �' II J � i , ' I ?li; ��ll E f II, - _ _ - -, . , 1 �l I ;; ,!• �r� ill `� , ' ��• ;,, ' � i I i �� :� ; _ _ _ - r t '�� ' � i i ;�;' _� 1" � '� fl: I`N I _ - �.--}. . �--r-.; i • r , T� � ; � :, ! , �! - , TT r I�I •�� I�`_l ,� E ,, 1 II•i � j _ _ -- _ _ I I� , i f �, t f . ! ! ,I '� 'I I!f. � -{ � i -r' � I��� l I � I � l_± �� � � I � �I: �•,• -, 71 f. - "� .� i V E ,I -- -- - - t • I� , �'• - . 4 F -- - ri a = = Boring no.: Tim—/0 Depth (ft. ): 5-1-0 CONSOLIDATION PRESSURE CURVE EARTH RESEARCH ASSOCIATES, INC. J.N.22J'—,PSDateTB.SPIate X — 7 • LOAD - KIPS -PER SQUARE FOOT 0.2 O} 3 q.4 0,6 0.,8 1 ? 4 $ 1Q 2Q 39 40 �i 1 1 I oil oil ull Is N 11,11111 � 11 1 11' II 1�� Bl CONSOLIDATION PRESSURE CURVE Boring No.: TP—/2 Depth (ft. ): Cam; 2 EARTH RESEARCH ASSOCIATES, INC. J.N.2Z3X,5Date Piate? 8 i i • • • J. N. 223-85 TABLE I LOG OF TEST PITS Test Pit Depth Number, ft. Description 1 0.0 - 3.0 (FILL) -CLAYEY SAND AND SILTY SAPID: Brown; fine; traces of rubble; dry to moist;.loose to medium dense (SC) and (SM.) 3.0 - 8:0+ CLAYEY SAND: Red -brown; fine; moist; dense (SC) No Caving No Groundwater Encountered 10-2-85 2 G.0 - 6.0 (FILL) CLAYEY SAND AND SILTY'SANID: Brown and red -brown; fine; clean; dry; loose SC and (SM). 6.0 - 8.0+ SANDY CLAY: Red -brown; sand fine; becomes sandier with increased depth -grades to Clayey Sand; moist; dense (CL-SC) No Caving No Groundwater Encountered 10-2-85 3 -. 0.0 - 5.0 619f1MIaI] 9.0 - 11.0+ 0.0 - 2.5 2.5 - 8.0 8,0 - 10.0+ (FILL) CLAYEY SAID: Red -brown; fine; traces of debris; dry to moist; oose to 3.0 feet; medium dense below (SC) (FILL) CLAYEY SAND AND SILTY SAND: Hark gray; oil stained; some trash and rubble -small concrete fragments; moist; dense; medium dense below 8.0 feet (SC) and (SM) CLAYEY SAND: 'Red -brown; fine; moist; dense (SC) No Caving No Groundwater Encountered 10-2-85 (FILL) CLAYEY SAND: Red -brown; fine; some small concrete fragments; dry; loose (SM) FILL) SILTY SAND: Brown to gray at depth; oil stained; fine; some small pieces of rubble; moist; dense (SM) CLAYEY SAND: Red -brown; fine; moist; dense (SC) No Caving No Groundwater Encountered 10-2-85 • - 2- J. N. 223-85 • • • • 0 a D TABLE I LOG OF TEST PITS Test Pit Depth Number ft. ) Description 5 0.0 - 5.0 FILL) CLAYEY SAND: Red -brown; fine; traces of debris; dry; loose SC 5.0 - 10.0+ (FILL) CLAYEY SILT AND CLAYEY SAND: Dark gray; oil stained; m moist to wet; medium dense; refusal on large concrete fragments at 10.0 feet (CL) and (SC) No Caving No Groundwater Encountered 10-2=85 6 0.0 - 3.0 (FILL) CLAYEY SAND: Red -brown; fine; contains large amounts of rubble; dry; loose (SC) 3.0 - 9.0 (FILL) CLAYEY SnND AND SILTY SAND: Dark brown; partly oil stained; fine; slight amount of debris; wet; medium dense (SC) and (SM) 9.0 - 12.0+ CLAYEY SAND: Red -brown; fine; very moist;.dense (SC) No Caving No Groundwater Encountered 10-2-85 . 7 0.0 - 7.0 (FILL) CLAYEY SAID AND SILTY SAND_: Red -brown; fine; slight amount of debris and rubble; dry; loose (SC) and (SH) -7.0 - 8.0+ CLAYEY SAND: Red -brown; fine; damp; dense (SC) No Caving No Groundwater Encountered 10-2-85 8 0.0 - 4.0 (FILL) CLAYEY-SA"ID: Red -brown; fine; some concrete rubble; dry; loose to medium dense (SC) 4.0 - 17.0+ (FILL) CLAYEY SAND AND SILTY SAND: -Dark gray; fine; contains large amount o concrete and asphalt rubble; moist to wet; medium dense (SC).and (SM) Water in bottom of hole No Caving • -3- J. N. 233-85 • • • • • 0 • TABLE I LOG OF PEST PITS Test Pit Depth Number, ft.) Descri Lion 9 (Base of Adjacent Stockpile Approx. 6 to 7 ft. High) 0.0 - 9.0+ FILL)'CLAYEY SAND AND -SILTY SAND: Dark gray; fine contains large amount -of asphalt and concrete rubble; moist; medium dense; refusal on large concrete fragments at 9.0 feet (SC) and (SM) No Caving No Groundwater Encountered 10-2-85 10 (Lake Bottom) 0.0 - 4.0 SILTY CLAY: Dark gray; saturated; very soft; lake sediments 4.0 - 10.0+ SANDY CLAY: Gray; sand very fine to fine; very moist; firm to stiff at depth (CL) No Caving No Groundwater Encountered 10-2-85 11 0.0 - 4.0 (FILL) CLAYEY SAND: Red-bro:m; fine; traces of debris; dry; loose SC 4.0 - 13.0 (FILL) CLAYEY SAND AND SILTY SAND: Gray to dark gray; oil stained; fine; contains large amount of asphalt and concrete rubbles; tires; metal; and other assorted debris; moist to wet; medium dense to dense to 7.0 feet; loose below (SC) and (SM) 13.0 - 15.0+ SILTY SAND: Gray; oil-stained;'fine; moist; medium dense SiM No Caving No Groundwater Encountered 10-2-85 12 0.0 - 6.0 (FILL_)_ SILTY SAND: Brown; fine; contains moderate amount of trash and debris; damp; loose (SM) 6.0 - 10.0+ CLAYEY SAND: Dark brown; fine; wet; medium dense; original ake bottom (SC) M J. 11.. 233-85 TABLE I LOG OF TEST PITS Test Pit Depth Number ft. Description 13 0.0 - 7.0 FILL) CLAYEY SAND: Dark brown and red -brown; fine; contains several large concrete fragments damp to dry; loose 7.0 - 13.0+ FILL)'CLAYEY'SAND-AND SILTY'SAND: Dark brown;.fine; contains large amount of asphalt and concrete rubble and other.debris; moist; medium dense; refusal on large concrete .fragments at 13.0 feet (SC) and (SM) No Caving No Groundwater Encountered 10-2-85 14 Base of Stockpile Approx. 12 to 15' High 0.0 - 8.0 (FILL) CLAYEY SAND AND SILTY SAND: Dark gray; fine; contains large amount of concrete rubble; moist to wet; medium dense (SC) and (SM.) .._ 8.0 - 12.0+ SANDY CLAY: Dark gray; very moist;.firm to stiff; original lake bottom (CL) No Caving No Groundwater Encountered 10-2-85 • 11 I ATTAR ENT B CERTIFICATE OF INSURANCE 0 11 C] CJ Rheum Orill"I IAd COPY wRlplated eartifrrsre I. CERTIFICATE OF INSURANCE Approved at to Form: CITY of H—TlryrW B.Eh TO Gail Hutton. City Attorney P.M. Rrt CITY OF HUNTINGTON BEACH, CALIFORNIA P.O. tb� t� By. IrRPtingten BMeh. CA eZBa! A MUNICIPAL CORPORATION Tins is to comity that the policies of imurancs in described below have been issued to the insured by the undersigned and an in forte n Itut time. If these pp[Icies art "nettled or Changed in such a manrrr that will affect this etmifiate• the insurance company "net to giee 10 days Prior written notice, by mail, to DIY of Huntington Batch P. O. Boll 711, Huntirlgtpn Beach, Cahfomm SMS. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Imund—_- Address of Insured Location of Work or Oparefions to be performad Description of Work or Operations POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effecliye EePlraUen POLICIES IN FORCE POLICY NO. In Thoeundr 10001 IINS.1 GENERAL LIABILITY { 1 COMPRENENSrVE PORN E CEL Each Oeernnee [ I PREMIatE- OPERATIONS. I 1 EXPLOSION AND COLLAPSE HAZARD 1 1 VNpERORDVNp HAiAwp t I PRODUCTS COMPLETED OPERATIONS HAZARD 1 I CONTRACTUAL INSURANCE t 1 BROAD FORM PROPERTY OAMADE { I INDEPENDENT CONTRACTORS I I PERSONAL INJURY - AUTOMMILE LIABILITY f ] COMPREHENSIVE PORM f 1 DerNEp CIL [ ] HIRED Each Ouunnae ] NON -OWNED ' EXCESS LIABILITY I I UMBRELLA FORM I I OTHER THAN E UMERELLA FORM INORKERS' COMPENSATION rod EEMLOVERV LIABILITY Addltiontl Insured Endorsement: The imurar agrtn thin fM City of Huntington Bach and in City Council, nldlor all Dry Council appointed group, committers, Commissions, boards End any other Dry Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beath, when acting n such an additional interests hects hereunder, for the aof the insured, and such imurence shall in prirmry to any Insurance of the CITY of Huntington Bench, rs their intnai may appear. Data AUTHORIZED REPRESENTATIVE OF INSUP ANCE COLVANY INaURANCE L'OEVANV By m� Assault AAdrtas TsasFPswe City HOLD HARMLESS AGREEMENT {to be executed by insuradl The Insured • agrees to protoat, defend, IPdnnnity, sew, cud hold herm[ars the Dty of a for tington Beach ib Officers, Spann, and Employees aPimt Bay Ilabillry, hiss. damags, ton, or exptma by renOn of any and MI liability. cults. Balms, dnnarsds, judgmerm and town of action ceu i d by insured. his Employees, agents or any subcontractor or by any thlyd party writing out of or In nonsequxerce of the PErformonct of all or any opneflosn at activity for Which this tirrtfflEBpl of Inanrerret Is furnished- • III Sew Pnowilomr111P I31 tarter/NP 411 Corgormlon let Dehw lnawr I HOLD HARMLESS SIDNED: fly IleeaBd: 7111r i IAX Aarrnr urrl d Prfrwee r tyaad N InRREd'. Thin resew eKh Rarou".1 H Corporation, TWO OHlcan WAM dr, or Praassn atrldence of outhodaution to bid Coroonedw. HB-2I 9 0 8 0 p f Z Y !o� 24� I /2 fr RADIUS dp aaUs CPAMFERED 1'x2"KE`f 'n CURB FACE e I eA �'3%4�R• x IGEY LOGA`1014 .: Af DQIvhvxYS ,d a p• OR A.B. AS REO'D BY PLAN _j, SAND N lu : 0 PROVIDE WEAKENED PLANE OR QUICK JOINT AT 20' MAX, SPACING AND AT DRIVE APPROACHES, B,C,`S, E,C.'S, CROSS GUTTERS AND CATCH BASIN TRANSITIONS, O REFER TO GENERAL NOTES STD PLAN 100, CURB FACE 4" 511 6" 0 5"11, 5" 1 5" Y 1 25" 1.511 3 fl 11 Z 5 11 r 31,511 _RgP ARTY NT of PUBLIC WOAKa_ C0MBINAfMQL4B &AtTTER TYPE A-1 CITY OF HUN'TI NGTON BEACH APPROVED: c of u W p-p, z CALIFORNIA IRIEVISION DATE: STANDARD 207 1 PI AN tin. - _— • 0 [l • • • • a 1/2" RADIUS CHAMFERED 1"x1' KEY To DE codorkJGrEC; 1/211 RADIUS C0AMFERE0 1•t2:KEY— Yo 0E 60�j5r 1/2 • ! (c' CUPB FACE UP Ilz� 25- V2 u n V211 Wto_� w 1/2" RAD 1/2rr RAC C. N?E S: O PROVIDE WEAKENED PLANE OR QUICK JOINTS AT 20' MAX. SPACING AND AT DRIVE APPROACHES, B.C.R. IS, E.C.R.Isi CROSS GUTTERS AND CATCH BASIN TRANSITIONS. O KEY LOCATION AT DRIVEWAYS. ' i O REFER TO GENERAL NOTES STD. PLAN 100. DEPARTMENT CW PLJSUg WgRptjL COMB. COB & UTTER YPE "C" & "C" MOD. CITY OF HUNTI NGTON BEACH APMMED' N a Z zg rz CALIFORNIA REV810H DATE*. STANDARD PLAN wn. 204 C14AMFEAED 1" X 2a ww • 0 VAR v4 DETAIL I n NOTES: O REFER TO GENERAL NOTES STD. PLAN IDOL Q WEAKENED PLANE OR QUICK JOINT AT 10' MAX. O.C. Q GROUT BETWEEN SIDEWALK AND BLOCKWALL WHERE APPLICABLE. V "R" TO BE DETERMINED BY SUBTRACTING THE LESSER "P" FROM "Z". V REFER TO STD. PLAN 212B FOR DETAILS OF WHEELCHAIR RAMPS. RIEPARTYENT OF PUS WORKS EWALK RETURN CI TY OF HUNTI NGTON BEACH APPR MD= -Z-m �mml i u vw.s mz--Ll CALIFORNIA REMON DATE: STANDARD 207 PLAN No_,., • 0 • 0 a 9 lb a 1TTEF . ills P/L 1" LI SECTION A -A NEW _MSST.BU-CTION " LI -- 6" 4" 4" SECTION A -A EXISTING CONSTRUCTION lNOTES: 1 REFER TO GENERAL NOTES STD PLAN 100. Z WEAKENED PLANE OR QUICK JOINTS. 3 EXISTING CURB TO BE REMOVED AS SHOWN AND GUTTER TO REMAIN 1N PLACE, IF EXISTING GUTTER IS IN POOR CONDITION, IT WILL BE -REMOVED AND REPLACED AT OPTION OF CITY ENGINEER. COAT ALL EXPOSED, BROKEN SURFACES WITH CONCRETE BONDER BEFORE POURING NEW CONCRETE. O 121 MIN.OF FULL HEIGHT CURB WILL BE REQUIRED BETWEEN DRIVEWAYS SERVING REPARTYENT Os PUBLIC WORKS lDpTlAL_.D&lVEwAY CITY OF HUNTI NGTON BEACH APPROVED: A U �JC IA CALIFORNIA rn—tVBION DATE: Wet - STANDARD ZQ9 P AL N HQ .. • C� J • 11 • L-] 0 #4@6� ore N Dox, TUP OF CURB w Z14"' A OETAI L. 1 srEPs, HANGER tJ,-m 3. + 3/4' o I I CO!6.LAR W/ NOTE: 5E7 SCREWS L + i _} ANCHOR { SEE TO PrLA!j Nf j�23 FoR k'A E'i„j,• �l t t t TI [CURB T:��VK�( "r � t t t f` +' f 2.PPOVIDE HORIZONTAL PAOTECnor] 864% 54 GALVANIZED, LI�L� ON "O� GINC4 ,� 1WE END ANC140R(A�BR PO I NT A s 4 R. _ A-1370 OR APP POVED EQ UAL . N/2 r S MAY.. � 9� � 3.'�/4nRpUNDGAL 5r STEPS RF�UIRED ��' - WREN V IS GFiEA'fEF�T�N 3—d' 1112'' © 5MQOYH DARS, SEE 5TD 302 C Q _ gppClN�, 12 I "FPo1" TOPUF 5N5lN AND 16' CENTER'Tt7 GEN7T_-R. 4_QLrrLE7 MAY 5E MADE IN ANY 5.DIRECTION . ALLEXFVSED C0NCFE-TE 5U9WE CQW-0FtM TO ST EET SURFaGE saaI L.L C0?4t=0RM IN GWOE, A FINISH t COL0970ALL ADJOINING FOR APRON TRANS- CURB it W4LA 4,. ITION SEE STANDARD 5A. REFER TO 5TD PLAN 100. PLAN '# 302 PLAN GPIPE WLETS 4 OUTLEr5 54ALL BE AT BoTTO H of B 6I tJ LJN LE-55 + i TI-1Ex2WlSE 5PECIFIED. 1 9 /2 k 5 /2 X/ 6 GALV. STEEL ANGLE 7PROVIDE I "0 ANCWOR ,pALVAWIZED IcP GrAT 'CF_WTERTOCEt4l ,_. , C (MAXIMUM,WNEFUE REQUIPJF-D W IT" ADJU5TABLF— G .I. _ PotWT A_ , PROTEGT10N 56-A 5TIRRUP.) : B. FPAH E 4 GOVER , ALA-iAM ePA ' A-1404 OR APPAOVED EQUAL, W'(VAR) CONSTRUCT GALVANIZED $ HAAKED I (4 M i1J } LocKI1dG CITY OF NUNTI NGTON 6 14_" A. J DEviCEpER 5TD tEE 5ro. PI -AI -A N°- 303 PLAN-� 303 SEE►JOTE' 8 r5EE IJaTE'�Z SECTION ALONG CURB FACE SW O BEARS OR 1/2' NEL57U05 3'-D''C* MA)(. 10It ---�I i DETAIL OF AN M m MIN SLOPE rO Oj'Ur 1� A1.!_ vize(, lIOP5 E NbrE f 7 AWT A l H H/Zj YR SECTION A A ofwum s. CUIRLI BUT �"TC4L BA I N I TY OF HLWI NGTON BEACH I APP00wo= 3 CALIFORNIA INTIV610H DATE: ]STANDARD PLAN No- •I 0 s I li FL.UW ON rIuw LOCAL DEPRESSION -SUMP COND. • NOTES O REFER TO GENERAL NOTES STD PLAN 100. O INDICATE TOP OF CURB AND FLOW LINE ELEVATIONS ON PLANS. O SEE STANDARD PLAN 301 FOR CATCH BASIN DETAILS. O INSTALL 4-1/2" DIA. SMOOTH BARS, 2' LONG, PER TYPICAL DIMENSIONS ABOVE. T PROVIDE WEAKENED PLANE. OR QUICK JOINT. © CURB HEIGHT VARIABLE. LOCH R ION - ATCH BASIN CITY OF HUNTI NOTON BEACH Mao=Y�6 L � W-II— , i CALIFORNIA nvoloN cwrE; uANOAAo M AN ••w • 0 • U 0 • • • L? b C I dv I ! I 1 i OR EXIST ! PIPE • f ! P/ 3*4 CIRCULAR TIES r4'p 12• ODD NQU S 1, A CONCRETE COLLAR IS REQUIRED WHERE THE CHANGE IN GRADE EXCEEDS 0.10 FT. PER FT. �WHERE PIPES OF DIFFERENT DIAMETERS ARE JOINED WITH A CONCRETE COLLAR, L AND T SHALL BE THOSE OF THE LARGER PIPE, D = D1 OR D2, WHICHEVER IS GREATER, 3. FOR PIPE LARGER THAN 66" A SPECIAL COLLAR DETAIL IS REQUIRED, 4. FOR PIPE SIZE NOT LISTED USE NEXT SIZE LARGER, 5. OMIT REINFORC NNE ON PIPES 24" AND LESS IN DIAMETER AND ON ALL PIPES WHERE ANGLE A IS LESS THAN �U', 6. WHERE REINFORC NG y REQUIRED, THE DIAMETER OF THE CIRCLE TIES SHALL BE D + (2 X WALL THIC}WESSi +, - 7. WHEN D1 IS EQUAL TO OR LESS THAN D2, JOIN INVERTS AND WHEN D1 IS GREATER THEW D2, JOIN SOFFITS, 8, PIPE MAY BE CORRUGATED METAL PIPE, CONCRETE PIPE, REINFORCED CONCRETE PIPE, OR ASBESTOS CEMENT PIPE. 9, NOT TO BE USED FOR A SIZE CHANGE ON THE MAINLINE. RKrARTMENT O PUBUIC WORKS CONCRETE COLLAR 00 CITY OF KWI NGTON BEACN APPROVEDV c C u CALIFORNIA REV410H DATE: I STANDARD L -- - �. - - - PLAN -No. - NQU S 1, A CONCRETE COLLAR IS REQUIRED WHERE THE CHANGE IN GRADE EXCEEDS 0.10 FT. PER FT. �WHERE PIPES OF DIFFERENT DIAMETERS ARE JOINED WITH A CONCRETE COLLAR, L AND T SHALL BE THOSE OF THE LARGER PIPE, D = D1 OR D2, WHICHEVER IS GREATER, 3. FOR PIPE LARGER THAN 66" A SPECIAL COLLAR DETAIL IS REQUIRED, 4. FOR PIPE SIZE NOT LISTED USE NEXT SIZE LARGER, 5. OMIT REINFORC NNE ON PIPES 24" AND LESS IN DIAMETER AND ON ALL PIPES WHERE ANGLE A IS LESS THAN �U', 6. WHERE REINFORC NG y REQUIRED, THE DIAMETER OF THE CIRCLE TIES SHALL BE D + (2 X WALL THIC}WESSi +, - 7. WHEN D1 IS EQUAL TO OR LESS THAN D2, JOIN INVERTS AND WHEN D1 IS GREATER THEW D2, JOIN SOFFITS, 8, PIPE MAY BE CORRUGATED METAL PIPE, CONCRETE PIPE, REINFORCED CONCRETE PIPE, OR ASBESTOS CEMENT PIPE. 9, NOT TO BE USED FOR A SIZE CHANGE ON THE MAINLINE. RKrARTMENT O PUBUIC WORKS CONCRETE COLLAR 00 CITY OF KWI NGTON BEACN APPROVEDV c C u CALIFORNIA REV410H DATE: I STANDARD L -- - �. - - - PLAN -No. - v N V. M r• � CEMEKr • • • BACKFILL , MM,I CASE I ' MI .SEEr+ori: BfDDIN6 OF INLET PIPE SEE NOTE BACKFILL WIrN TKENGN BAWILL 5LURRY (I Mt SK PCC PIPE OEDD1 NG V9015TV9NO EARTIi SECTION A -A I - Kr:(NFORGED- 00. OR M P MIN. Z. - II�I.Er wucrURE aa- � 6' rc Y CONCRETE PIPE BEDDING e NMS TIDN 8- CA 5E -2 I ALL CORRUGATED PIPE AND FITTINGS Bt: GALVANIZED+ 2 MaXE A SHALL BE mm ON PLANS AND wALL BE BE Twm 450 Arm 9d° AND SHALL BE 24" OR LESS. 3 IN NO CASE SHALL THE OUTSIDE DIAMETER OF THE INLET PIPE EXCEED ONE-HALF THE INSIDE • DIAMETER OF THE MAIN STORM DRAIN, 4 IF ANGLE I Is 45 DEGREEs OR LESS, USE CASE I+ IF ANGLE B IS GREATER THAN 45 DEGREES, USE CASE + 5 ALINE OF INLET SMALL BE ON RADIUS OF MAIN STORM DRAIN EXCEPT HERE ELEVATIONS ARE SHOWN ON PROJECT DRAWINGS+ D 6 THE OrPING INTO TFf MAIN STORM DRAIN SMALL BE THE OUTSIDE DIAMETER OF THE INLET PIPE PLUS I- MINIM.M OR 3" MAXIMUM, % REFER To GENERAL. NOTES STA mim PLAN 1001 . WPAwrmgNT OF Pumuc won" JU N RUCTU YPE C CI TY OF NLWINGTON BEACN ArPMWID: &-� z 59 CALIFORNIA STANOALR0 REVNION DArE: P Al325 • C1 r 0 a B II B 4-' PLAN l Shaft not shown) Angie shall r.ot exceed 450 -whorl s;de flow exceeds rO% of mai.) lir+p. f low Rod , A _^ STA. _AII &reel reinforcement f/2••0 4"o.c. — Rod.= I D. of spur 3 -0 SECTION B- 8 l4" round golvonired set steps i'-4"o.c. 4'.9 4" mortar filler ME NOTE "A' NOTE , Priest Manhole frame or'd cover Two (2) inch deep seat to correspond to manhole shot t, Grose er Sid Pion 506 grout between shaft and seal. fia0, Concrete ! I MK-nim 2•-1011/2" for paved streets rings 2-0'-+:+ ::'y i—Minimum 3'-6" for unpaved streets a 'eduCef per Std. Plan r5mI .i--3•-0'•�-i SEE NOTE "A" L. ",,—Round eapes of inlets �_� Max. 30" diameter side inlet. Use Sid. Plan 312 (Junction Structure III) for side inlets - 30" diameter. Inlet elevation opplies '. at this point $'�_Round edges 1 �.s T r.. _ 3'-6 T SECTION A -A NOTE: Use Junctm ion Structure Type I for outlet pipe diaefers of 42"' or less, and inlet diameters of 30 or less. *Manhole shaft shoe I be 4,-0and Junction sructure Oottom width shall be increased to 4-0"minimum where M>15- Use Std. Plan 504 with6 rings when MrfS. ` ORANGE COUNTY ENVIRONMENTAL_ M AG P A ENCY STD PLAN Approved C. A. he son, i Ioctar of Public WV*S 310 Adopted- Res 77-92 Revised< 82' 7fa i 83-1442 JUNCTION STRUCTURE -TYPE I SHEET I OF 2 I • 0 s DETAIL N (Shaft not Shown) See Nate -3 30'dia- max I Concrete rings per Sid. Plan. 302 4'14 mortar filiSl� Qfnif this step in pared streets 1•-4" for pared streefs_ 2-2 for unpaved streets SEE NOTE "A' Sheet I — All steel reinforcement root 4'a.c. Round edges GENERAL NOTES I For pared streets I A' 18 V2 "1 ISot Note 4 1 2 Round edges of inlets .�. ; .' -�T 3-6r —�T SECTION C—C -HEiGniT w !;nSec.A-A and Sec. B-Nsholl be net less that 4.-0, but mar be increosed of cC• C' "e Engineer pia.•Jed that the vole of M shall be not IesE than "6 ^.•mu s,?eci►red c-a treat the reducer sha.+ be used -:c Sec i ? see Nate 4- 2 -.E NG" -1 L stab be a far Weis of 20"or leis and 5' for mlefs greater than 20" unless otherwise Show% on improvement plan 3 _cat ► (May be increased amain of (1)ons foot at each end to meet pipe ands. Continue 0 4 at 4 a.c. shal bee as per Sec. C-C and Detail w hen gepth Aft from street grade so top -f bor :s +ess +her 2'-101/2" for paved streets or 3'-G" for unpaved streets q -OEcTt• M rrov be *educed to an absolute limit of 6 .hen larger values of M would e H Sec-C-C1 to 3-6 or iess- 5 t sno be B' for values of H up to and including a'. T Shot1 be 16' for values of H over 8'. 6 STEPS -r5, be 3r4 rbu�a, goivonired steel and anchored nor less than 6" in the :rods of structures and shall project c ^:r of 4 :retires from point of embedment. Unless otherwise shown,steps shall be placed I'-4"on cents. The 4owesI stac arc•I not be mare then 2'aDove the ledge of the side of manhole froor. Z STEEL shalt be # 4 pars , deformed, straighi Bart I 1/2• clear from face or concrete. 5 -STATIONS of me- noies shown on irrrpro.ement pion tlppit at [enter line of stroll. 9. -FLOOR of monncte shall be steel -troweled. 10 -RINGS, rsauce-, ar,d pipe for access Shaft shall be Seated in 1:2 rhortor and neatly po."'ed or wiped inside shaft. i! -LEDGE snail be sloped at 2' per foot- t�_ Use Junct a^ Structure Type 1 for outlet pipe diarnllers of 42"or lase, and inlet diometers of 30" or less. :.Rj4NuE COUNTY EvV:RONMENTAL LOAG NT A ENCY STD. PLAN Approved IP C R. N sere, rrecfor of Public worts I LcCptea Res 77-92 RevSed- B? - ?IS JIV ". I„+uTlC��i STRUCTURE TYPE I T 2 OF 2 SECTION 1 DEFINITION OF TERMS 1.01 GENERAL Unless otherwise specltically defined herein, or unless the context requires a different meaning, all abbreviations and symbols shall conform to the latest edi- tion of the Standard Specifications for Public Works Construction. Words used herein In the masculine gender Include the feminine and neuter, and vice versa; and the singular number Includes the plural, and the plural the singular. The word "person" Includes a corporation, association or partnership. Unless otherwise specifically defined herein, or unless the context requires a different meaning, al l words, terms and phrases having a we l I known or technical meaning shall be so construed. 1.02 DEFINITIONS Whenever In these specifications, or In any documents or Instruments where these specificatlons goverrn, the following terms are used, the Intent and meaning thereof s all be as follows: CONTRACT - These specifications, the drawings, any addenda issued during the time of bidding, the Notice Inviting Bids, the bid of the Contractor and the Agreement entered Into pursuant thereto shall constitute THE CIDNTRACT between the City and the Contractor. • CONTRACTOR - The Bidder whose bid Is accepted and to whom the Contract Is awarded. SUBCONTRACTOR - The Individual, partnership, corporation or other legal entity entering into a contract with the Contractor to perform a portion of the work. a • !. • r • SECTION 2 CONTROL OF THE WORK 2.01 AWARD AND EXECUTION OF CONTRACT Award and execut[on of Contract will be as specified in the Clty of Huntington Beach Standard Specifications herein. Unless otherwise set forth In the spec IfIcat Ions or In the bid, an award will be made for all items of the bid to one (1) Contractor and Bidders are requested to bid on all Items of the bid schedule. Unit prices sha11 reflect all collateral or Indirect costs connected with the work unless specifically otherwise stated In the . bid. 2.02 NON -ASSIGNABILITY Neither the Contract that may be awarded, nor any of the monies that may become due to the Contractor under such Contract, may be assigned by said Contractor without the written consent of the City. Nothing herein contained shall be construed as a prohibition against the Contractor subcontracting portions of the work required to be done herunder. Any assignment of maney shall be subject to al proper setoffs and withholdings In favor of the City and to all deductions provided for In the Contract. All money withhold, whether assigned or not shal I be subject to being used by the City for completion of the work, should the Contractor be In default. 2.03 NDN-COLLUSION AFFIDAVIT The City reserves the right to require any Bidder, to whom It may make an award of the contract, to execute a Non-Coliuslon Affidavit. 2.04 WORK TO BE DONE The Contractor shall perform all work necesary to complete the Contract In a satisfactory manner. Unless otherwise Indicated, the Contractor shall purchase and w furnish all materials, equipment, tools, labor and incidentals necessary to com- plete the work as shown In the drawings and specified herein. 2.05 SERVICE OF NOTICE The delivering of any notice, Instruction, claim or protest, or other written canmunication, personally to the Contractor or superintendent or to the City shall Constitute service thereof upon the Contractor, or the City, respectively. The deposition in a postpaid wrapper directly to the official address of the Contractor, or the City, in any post office mail box regularly maintained by the post office, of any notice, Instruction claim or protest, or other written commu- nication, shall be deemed sufficient service thereof upon the Contractor, or the City, respectively, and the date of said service shall be the day following the date of such mailing. 2.06 PROTESTS If the Contractor considers any work required to be outside the requirements of the Contract, or considers any record or ruling of the Inspectors as unfair, he shall ask for written Instructions or decision Immediately and then file a written pro- test with the Engineer within ten (10) calendar days thereafter, or be considered as having accepted the record or ruling. 40 It the Contractor disagrees with any terms or conditions set forth In an approved change order which has not been executed, the Contractor shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved change order addressing the points of disagreement, referencing the quan- tities, cost or time Involved. If a written protest Is not submitted, payment as set forth therein shall constitute full compensation for ail work Included. • SECTION 2 OONTROL OF THE WORK 2.07 SUBCONTRACTS e The Bidder shall set forth in the bid: 1. The name and the location of the place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work, or a Subcontractor licensed by the State who, under subcontract to the Contractor, specially fabricates and installs a pootion of the work or Improvement according to the drawings and specif(cations, in an . amount in excess of one-half (1/2) of (1) percent of the Contractor's total bid. 2. The prof ion of the work which w(I I be done by each such Subcontractor. On I y one (1) Subcontractor shall be listed for each such portion as is defined by the Contractor in the bid. In each instance, the nature and extent of the work to be sublet shall be des- �. crIbed. The failure of the Contractor to specify a Subcontractor, or the listing of more than one (1) Subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully Ruallfled to perform itself, and that It shal 1 perform that portion Itself. The Contractor must have the written consent of the Engineer to substitute a Subcontractor other than that designated in the or(gfnal bid, to permit any subcon- tract to be assigned or transferred, or to allow a subcontract to be performed by other than the original Subcontractor. Subcontracting of work for which no Subcontractor was designated in the original bid, and which is more than one-half (1/2) of the one (1) percent of the work, will be allowed only in case of public emergency or necessity, and then only after submitting written evidense to the Engineer, setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions wil I be considered a violation of the Contract, and the City may cancel the Contract or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved. All persons engaged in the construction of the project, Including Subcontractors, snail be considered as employees of the Contractor and the Contractor will be held responsible for the work of the Subcontractors, and all work performed by the Subcontractors shall be subject to the provisions of the Contract. The Contractor, or an authorized representative, shall give his personal attention to the fulfillment of the Contract and shall keep the work under his control. The Contractor shall perform with his own organization and with the assistance of workmen under his Immediate superintendence a substantial portion of the value of all work embraced In the Contract. Where a protion of the work which has been subcontracted by the Contractor is not . being prosecuted In a manner satisfactory to the Engineer, the Subcontractor shall be removed Immediately upon written notice from the Engineer and shall not again be employed on the project. 2.08 CONTRACT BONDS Before execution of the Contract by the Clty, the Contractor shall file with the City surety bonds satisfactory to the Engineer In the amounts and for the purposes . specified. Bonds shall be duly executed by a responsible corporate surety, autho- rized to Issue such bonds In the State of California and secured through an autho- rized agent. The Bidder shall pay all bond premiums, costs and Incidentals. The bid bond, the faithful performance bond and the labor and material bond shall be on forms furnished by the City. Each bond shal I be signed by both the Contrac- tor and surety, and the signatures notarized. C7 SECTION 2 CONTROL OF THE WORM The faithful performance bond shall be In a penal sum of one hundred (100) percent • of the total amount payable by the terms of the Contract and conditioned upon the faithful performance by the Contractor of all of the covenants, terms, provisions, conditions and stipulations contained In the Contract, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The labor and material bond sha I I be In a penal sum of not less than fifty (50) percent of the total amount payable by the terms of the Contract and shall be conditioned upon the payment by the Contractor or his Subcontractors for all mate- rials, provisions, provender, or other supplies or teams used In, upon, for or about the work contracted to be done or for any work or labor done theron of any kind or for the amounts due under the Unemployment Insurance Act. The bond shall be maintained by the Contractor In full force and effect until the work is accepted by the City, and until at I claims for materials and labor are paid. Should any bond become insufficient, the Contractor shall renew the bond within ten • 0 0) calendar days after receiving notice from the City. The Contractor sha l l furnish additional bonds, as may be specified to guarantee Performance of at I work under warranty provisions of the specifications, In the amount of money and for the period of time stipulated. Such bonds shall be furnis- hed prior to acceptance of the work, on forms to be secured from the Engineer, and shall conform with all other applicable provisions of this Section. Should any surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payment shall be deemed due or will be made under the Contract unt i I a new surety sha I I qua I I fy and be accepted by the City. Changes in the work, or extensions of time, made pursuant to the Contract, shall In no way release the Contractor or surety from their obligations. Notice of such changes or extensions shall be waived by the surety. At the request and expense of the Contractor, substitution of securities for any moneys withheld by the City to Insure performance under the Contract shall be permitted in accordance with provisions of the California Government Code, Section 4590. 2.09 DRAWINGS AND SPECIFICATIONS . The Contractor shal I keep at the site of the project a copy of the drawings and specifications and the Engineer shall at all times have access thereto The Con- tractor shall furnish all materials necessary to fully and completely finish the project according to the true Intent and meaning of the specifications and dra- wings, although every item Is not particularly shown or mentioned In the drawings or specifications, and no additional compensation shall be allowed for the materials so so furnished or work so performed to complete the project. In the event It Is discovered that a discepancy exists between figures and/or drawings, the discrepancy shall be immediately submitted to the Engineer for clarification and any adjustment made by the Contractor without obtaining such clarification from the Engineer shall be at the Contractor's risk and expense and be subject to removal if said adjustment does not meet the approval of the Engineer. Should It appear that the work to be performed, or any matter pertaining thereto, Is not sufficiently detailed or explained In the drawings or specifications, the Contractor shall request the Engineer for such further dotal Is or explanation as may be consistent with the original drawings and specifications. The Contract documents, as defined herein, are Intended to be read together to describe a complete and finished piece of work, Including all tabor, materials and equipment necessary for the proper execution of the project. Anything necessary to complete the work properly and In accordance with the law and lawful regulations shall be performed by the Contractor whether set out specif(cally In the Contract or not. Anything in the specifications and not on the drawings, or on the drawings and not In the specifications, steal I be as though shown or mentioned In both. The division of the specifications into a number of sections Is for convenience only. A)) of sold sections shall be read and Interpreted as constituting a whole and no other construction or Interpretation shall be made. SECTION 2 MNTROL OF THE WORK The drawings are Intended to convey to the Contractor the requirements as to size, form, dimensions and specific needs and peculiarities of the Improvements to be constructed. It Is the Intention to convey the Impression that all parts or elements of the work to be done shall be Complete In every detail, regardless of an om(sslon thereon to name or show fully any element or part. Given dimensions shall be followed in preference to scaled dimensions In all cases. All drawings, specifications and copies thereof furnished by the Engineer are to be used solely for the project contemplated herein and upon request for the Engineer, sha(I be returned to the City upon completion of said project. 2.10 PRECEDENCE OF CONTRACT DOCUMENTS If there Is a conflict between contract documents, the order of precedence shall be: 1. Permits from other agencies as may be required by law. 2. Project specifications. 3. Project drawings. 4. Standard drawings. 5. Standard specifications. b. Standard specifications for Public Works Construction. Change orders, supplemental agreements, and approved revisions to drawings and specifications will take precedence over documents listed above, except permits from other agencies as may be required by law. Detailed drawings shall have precedence over general drawings. S 2.11 CONFORMITY WITH CONTRACT DOCUMENTS Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, Including tolerances, shown on the drawings or Indicated In the specifications. Although measurement, sampling and testing may be consi- dered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the drawings and spec(ficat(ons,.and his decision as to any al lovable deviations therefrom shal I be final. 40 2.12 SHOP DRAWINGS OR WORKING DRAWINGS Shop drawings Shall consist of manufacturer's cut or data sheets or working detail drawings as are necessary to give a comprehensive Idea of the construction contem- plated and to adequately control the work. Shop drawings as requ(red by the drawings, specifications or requested by the . Engineer shall be prepared In accordance with modern engineering practice, shall be of sufficient size and scale to clearly show all details, and shall be submitted within fifteen (15) calendar days after award of contract and at least thirty (30) calendar days prior to installation. Materials shall not be furnished or fabricated nor any work done for which drawings are required, before approval of the shop drawings. Shop drawings wlII be checked by the Engineer for general conformance with the design concept of the project and general compliance with the Information given In the Cgntract documents. The Contractor shall be responsible for: dimensions which shal l be confirmed and correlated at the project site, fabrication processes and techniques of construction, coordination of all trades, and the satisfactory perfo- rmance of the work. Any action taken by the Engineer shal I not be construed as accepting or approving the detailed design. . Deviations from the contract documents shall be specifically called to the atten- tion of the Engineer by letter of transmittal submitted with the shop drawings. 5 SECTION 2 CONTROL OF THE WORK No changes or alterations shall be made In any plan or drawing after the same has been reviewed by the Engineer except by the Engineer's consent. Review by the Engineer of the plans and shop drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. The Contractor shall also be responsible for agreement and conformity of his shop drawings with the original drawings and specifications. The cost of preparing and furnishing shop drawings shall be considered as Included In the prices bid for the various Items of work and no additional allowance wi11 be made theretor. • Contractor sha I I maintain at the project site a complete f f Is of reviewed shop drawings. 2.13 AS -BUILT AND RE03RD DRAWINGS The City shall furnish the Contractor with one (1) set of reproducible trensparen- c(es (contact mylars) and one (1) set of oluellne prints showing all work required under this Contract. Contractor shall maintain and keep up to date the set of bluel Ines showing the "as -built" location of major features of the project and Indicating Changes that may occur during installation. Prior to the Post -Installation Maintenance Period, Contractor shall furnish to the Engineer, the reproducible transparencies (contact mylars) as the Record Set show- ing the as -built data, of a quality satisfactory to the Engineer. Transfer as - built data In Ink (no ball point pen) and eradicate outdated Items. 2.14 SUBSURFACE DATA Where the City has made Investigations of site conditions including subsurface conditions In areas where work is to be performed under the Contract, or In other areas, some of which may constitute possible local material sources, such Investi- gations are made only for the purpose of study and design. All loll and geological test hole Bata, water table elevations and soil analyses shown on the drawings or t Included in the specifications apply only at the locations of the test and to the depths Indicated. The records of such investigations are not a part of the Con- tract and are shown solely for the convenience of the Contractor. It Is expressly understood and agreed that the City assumes no responsib(Ilty whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records there- of, or of the interpretations set forth therein or made by the City in its use thereof and there Is no warranty or guaranty, either expressed or Implied, that the conditions Indicated by such Investigations or records thereof are representative of those existing throughout such areas, or any part therof, or that unforeseen dove I opmerrt s may not occur, or that materials other than, or In proportions diffe- rent from those Indicated, may not be encountered. Additional subsurface Investigation may be done by and at the expense of the Contractor. Soil agriculture suitability and fertility analyses will be obtained by the City of ' Huntington Beach and paid for by the City, unless the request Is Initiated by the Contractor, who In such case shall be responsible for the costs Involved. It Is the Contractor's responsiblity to determine and allow for the elevation of groundwater at the date construction commences. A difference In elevation between groundwater shown In soli boring logs and groundwater actually encountered during construction wit 1 not be considered as a basis for extra work.. • 2,15 SURVEYING Permanent Survey markers wlII be as sped ffed in the Clty of Huntington Beach Standard Specifications herein. The City will perform, and be responsible for the accuracy of, surveying adequate for construction. The Engineer will establish a base line and the necessary con- struction Survey stakes and marks for the use of the Contractor. The Contractor shall give to the Engineer a notice In writing specifying when he wlII require the base Ilne and survey stakes, said notice to be given at least forty-eight (48) SECTION 2 ODNTROL OF THE WORK hours In advance. The Engineer's marks, stakes, monuments and bench marks shall be • carefully preserved until their removal is authorized by the Engineer. In event of their destruction or removal by the Contractor's forces, the cost of their replace- ment or restoration by the Engineer wlII De charged to the Contractor. The Contractor shall provide all other lines and grades necessary to properly carry on the work, and these may be chocked from time to time by the Engineer, and any work which Is not found to comply with the lines and grades shown on the drawings shall be altered or removed and replaced by, and at the expense of, the Contractor, as the Engineer may request. The Contractor Shall check all dimensions as a whole and In detail, and shall lay out and become responsible for the exact position and elevation of at I parts of the work. 2.16 AUTHORITY OF THE ENGINEER The Engineer shall decide any and al questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of • performance and rate of progress of the work, and shall decide all questions which may arise as to the Interpretation of the drawings and specifications, and all Questions as to the acceptable fulfillment of the Contract on the part of the Contractor, and as to compensation. The Engineer's decisions shall be final and he shall have the authority to enforce and make affective such decisions and orders as the Contractor falls promptly to carry out. 2.17 INSPECTION All work done and all materials furnished shall be subject to the inspection of the Engineer. Advance notice to be given for inspections shall be as specified In the City of Huntington Beach Standard Specifications herein and as stated in these special provisions. The Engineer shall at all time have access to the work during its construction and shah have every reasonable facility for ascertaining that the stock and materials • used and employed, and the workmanship, are in accordance with the requirements and intentions of these specifications. The inspection of the work shall not relieve the Contractor of any obligation to fulfill all conditions of the Contract prescribed. Inspection of a method of procedure, process or system of operations of the Contra- ctor, failure to observe hazardous operations of the Contractor, or failure of the Engineer to warn the Contractor that the method or methods of construction adopted by him are hazardous to property or to persons shall not relieve the Contractor of h{s obligation hereunder. In addition to the required Inspections by the City's Building and Safety Depar- tment, Contractor shall notify the Engineer twenty-four (24) hours prior to perma- nent concealment of any work including but not limited to the following: 1. Rough grading operations. . 2. Drainage system. 3. Foundation material, footings and slab beds. 4. Concrete and masonry reinforcement. 5. Contact surface of concrete forms. 6. Below- rade applications of creosote or Permabar. 7. Electr?cal system layout. 6. Irrigation system layout, pressure supply line test, and coverage tests. 9. Soil preparation and backfill mixes prior to Installation. . 10. Plant material and planting holes prior to Installation. 11. Finish grade prior to weed abatement operations. 12. Weed abatement operations prior to hydroseeding. 13. End of planting operations prior to Plant Establishment Period. 14. Inspection of construction prior to Post -installation Maintenance Period. 15. Acceptance of work. If any work Is concealed or performed without prior notice, the work sha l I be . sub act to such tests or exposure as requested by the Engineer. All labor and equipment necessary for exposing, testing and replacement shall be furnished at the Contractor's expense. SECTION 3 CHANGES IN THE WORK . 3.01 GENERAL The City may at any time prior to the completion of the project provided for herein and prior to removal of Contractor's forces from the site, by written order to Contractor and without notice to sureties, Increase or decrease the estimated quantity of work or material, make alterations, deviations, additions to or omis- sions from the drawings and specifications, and make changes In the project as may be deemed necessary or advisable by the Engineer, within the general scope therof, provided that such Increase or decrease In the quantity of work or materials, or Changes In the project, shall not exceed twenty-five (25) percent of the total estimated Contract price. Should It become necessary to exceed this limitation, the Change shall be by written supplemental agreement between the Contractor and the City. Changes In specified methods of construction may be made at the Contractor's re- quest when approved In writing by the Engineer. Changes in the drawings and specifications, requested In writing by the Contractor, which do not materially affect the work and which are not detrimental to the work, may be granted, when approved In writing by the Engineer. Except as otherwise agreed in writing, the Contractor shall furnish all labor, materials, tools and equipment that may be necessary for the performance and com- pletion of the additional or extra work in a proper and workmanlike manner. Should any Contract Item be deleted in its entirety, payment will be made only for +. actual costs incurred prior to notiflcation of such deletion. 3.02 CHANGE ORDERS No claim for additional work or material will be allowed unless supported by a change order Issued by the Engineer and executed by the Contractor. No additional work or other changes shal I be started before the Issuance of the order by the Engineer and the execution thereof by the Contractor. Payment for such additional work wl I I be made where pertinent on the basis of the unit prices bid by the Contractor for such work or If the unit prices are not applicable for computing the additional work, payment for such additional work will be made upon the basis of a lump sum previously agreed upon by the Contractor and the Engineer and set forth in the Change order or upon a cost plus basis. The method of determining the cost of additional work shall be optional with the Engineer. If the additional work materially changes the character of the work of a unit price Item by an Increase or decrease In the actual unit price shown In the bid, such adjustment in compensation will be the difference between the actual unit price bid and the unit price represented by that portion of work Involved In the change. The change order will note such credit to the City or adjusted unit price. When the change order affects an item of work where a unit price Is not applicable, the !nglneer may request the Contractor to furnish adequate cost data for determi- ning compensation for such additional work. Change orders shall be In writing and state the dollar value of the change or establish the method of payment, any adjustment In contract time, and shall provide for the Contractor's signature indicating acceptance. 3.03 EXTRA WORK New and unforeseen work wil I be classed as extra work when determined by the Engineer that such work is not covered by any of the various Items for which there Is a unit bid price or by combinations of such Items. In the event portions of such work are determined by the Engineer to be covered by some of the various Items for which there Is a bid price or combinations of such Items, the remaining portion Of such work will be classed as extra work. 0 SECTION 3 CHANGES IN THE WORK The Contractor shall do such extra work and furnish Iabor, material, and equipment • therefor upon receipt of an approved contract change order or other written order of the Engineer, and in the absence of such approved contract change order or other written order of the Engineer he sha I I not be entitled to payment for such extra work. The method of determining payment for extra work shall be mutually agreed upon betwen the City and the Contractor. 3.04 CHANGED CDNDITIONS Contractor shall immediately notify the Engineer of the following conditions before they are disturbed: 1. Subsurface conditions differing materially from those represented In the contract. Z. Unknown physical conditions of an unusual nature differing materially from those ordinarily recognized as inherent In the character of the work being performed. If the Engineer determines that the changed conditions will materially Increase or decrease the costs of any portion of the work, a change order will be Issued adjusting the compensation and extension of time for such portion of the work as provided herein. • Contractorls failure to give such notification of changed conditions upon their discovery and before they are disturbed shall constitute a waiver of ail claims In connection therewith. • 0 9 SECTION 4 CONTROL OF MATERIALS 4.01 GENERAL Only materials conforming to the requirements of the specifications shall be incor- porated In the work. Materials, parts and equipment to be purchased and furnished by the Contractor shall be now, unless otherwise specified In these specifications or noted In the drawings, and satisfactory to the Engineer. The materials shall be manufactured, handled, and used In a workmanlike manner to ensure complete work In accordance . with the drawings and specifications. All materials shall be subject to rigid inspection and If, in the opinion of the Engineer, the same do not comply w(th the specifications, said materials shall be made to conform thereto. Material found to be unsatisfactory will be rejected and If so ordered by the Engineer, shall be Immediately removed from the premises at the expense of the Contractor. If the Contractor falls to forthwith comply with any such order, the Engineer shall cause said unsatisfactory material to be removed . and shall require such defective material be replaced. The cost of the removal of the defective material and replacement thereof shall be deducted from any money due or to become due to the Contractor. All articles and materials sha I l be of the q ua 1 1 ty spec I f I ad here n and f u I I y eq ua I to approv ad samp I as, when samp I as are requested. Before delivering to the project any material or fabricated Item, the Contractor shall notify the Engineer of the source of said materials and the Engineer shall . have an opportunity to examine and test said materials. It Is understood that such Inspections and tests If made at any point other than the point of Incorporation In the work In no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be Similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or his suppilers of respons(blity for quality control. When requested, Contractor shall furnish the Engineer with a Certificate of Compliance from the source, stating that the material substantially • meets the specifications. Manufacturers' warranties, guaranties, Instruction sheets and parts lists, which are furnished with certain articles or materials Incorporated In the work shall be delivered to the Engineer before acceptance of the work. 4,02 SAMPLES AND TESTS • Tests of materials wi I I be as specified In the City of Huntington Beach Standard Speclfications herein and the Huntington Beach Landscape and Arboricuitural Standard Specifications. Sell agricultural suitability and fertility analyses will be obtained by the City of Huntington Beach and paid for by the City, unless the request is initiated by the Contractor, who In such case shell be responsible for the costs involved. • Field tests of materials will also be made by the Engineer when deemed necessary and these tests shall be made in accordance with standard practices of the City. The Contractor shall furnish such samples of all materials as are requested by the Engineer without charge, and all labor and equipment necessary for the taking and furnishing of samples shall be furnished by the Contractor. No material sha)I be used until it Is approved by the Engineer. • wherever reference is made In these specifications to standard tests of the Ameri- can Society for Testing and Materials, or any other recognized national organiza- tion, the reference shall be construed to mean the standards that are in effect at the date bids are received for the project. 4,03 METHODS OF TESTS Relative compaction test Is designed to determine the degree of compaction of earth. A test hole Is excavated and the material removed Is dried and weighed. The volume of the test hole Is measured and the weight of the dried material per unit of volume of the test hole determined. The weight Is than found of a suffi- clent quantity of the dried material to fill a cylindrical mold six (6) Inches In 10 SECTION 4 00NTROL OF MATERIAL diameter and eight (8) Inches high. The quantity of material thus determined is . then moistened to the proper consistency for maximum compaction, placed in the mold and compacted by means of a plunger transmitting a force of two thousand (2,000) pounds per square Inch. from the resulting volume after compaction In the mold and the Weight of the dry material used, the weight of the dry material per unit of compacted volume Is calculated. The relative compaction Is the ratio of the dry Weigght per unit of volume as found actually In place to that determined for a like unl} of volume by means of the cylinder. The test for determining the relationship between the moisture content and density of sofas shot( be In accordance with the ASTM D-1557. Field density test Is designed to determine the percentage of density or the field density of subgrade and of select material base after compaction. A test hole Is excavated and the sample removed therefrom Is weighted. The volume of the test hole Is measured and the weight of the sample per unit of volume of the test hole determined. A portion of the sample Is then weighed, after which It Is compacted In a cylindrical metal mold approximately four (4) Inches In diameter and four and . one-half (4 1/2) Inches In height, by means of a metal tamper having a striking surface of two (2) Inches In diameter, weighing five and one-half (5 1/2) pounds and having one (1) foot drop. The sample Is compacted In three (3) equal layers, each layer to receive twenty-five (25) blows of the tamper. From the resulting compaction In the mold and the weight of that portion of the sample used, the weight of the sample per unit of compacted volume Is calculated. The percentage of density or the field density Is the ratio of the weight per unit of volume of the sample as removed from the test hole to the weight determined for a IIke unit of . volume of that portion of the sample compacted In accordance herewith. The test for determining the In -place density of soils shall be in accordance with the ASTM D-15 56. Inspection of Welding Is made to control the quality of workmanship in welded assemblies and Is performed In accordance with the requirements of the American Welding Society. All welding shall be done by certified welders and to the satis- faction of the Engineer as to appearance and conformity. 4.04 SUBSTITUTION OR EQUIVALENTS For convenience In designation on the drawings or In the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and catalog number. The use of an alter- native article or material which Is of equal quality and of the required characte- ristics for the purpose intended wil I be permitted subject to approval by the • Engineer. Whenever any material, product, thing or service specified herein Is described by one or more brand or trade names and Is followed by the words "or approved equal", the Contractor shot I have thirty-five (35) calendar days after award of Contract for the submission of data substantiating a request for a substitution of "an approved equal" Item. If the substitute offered Is found to be equal, the Contrac- tor may furnish either the material, product, thing or service specified, or the • approved substitute. If the substitute is found not to be equal to the material, product, thing or service described, then the Contractor shall furnish the mate- rial, product, thing or service specified. Should an approved substitute be avai- lable to the City at a lower cost and Is furnished by the Contractor, the City shall not be obligated to pay more than the lower cost. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and he shad furnish Information or data concerning any substitute and, if required by the Engineer, shalt cause said substitute to be tested as to Its quality, strength and physical, chemical or other characteristics, or its durability, finish, efficiency or service by a reputable testing engineer or labo- ratory satisfactory to the Engineer. Submitted data shal I Include manufacturer's, grower's or supplier's name and ad- dress, catalog number and descriptive literature. Certain minor Items manufactured by national and regional suppIlers wlII be consi- dered for substitution during the course of the work If equivalent to the Items specified. SECTION 4 CONTROL OF MATERIALS Is developing specified Contract completion time shall not be affected by any circumstance developing from the proviSlons of this Section. The Engineer shall be the sole judge as to the quality and suitability of alterna- tive articles or materials and his decision shall be final. 4.05 MATERIAL PURCHASE • The Contractor steal 1 submit to the City within five (5) calendar days, one (1) copy of all purchase orders placed for materials. The purchase order shall Include a purchase order number, date, purveyor's name and address. It Is the Contractor's responsibility to procure the materials and appliances necessary to perform the work. Should the Contractor not be able to locate the materials specified or acceptable substitutes, he should notify the City In wri- ting, of the unevallabil(ty of the materials with a listing of those suppliers or manufacturers that were contacted while attempting to purchase the materials. The City wlI I assess reasonableness of the Contractor's diligence and advise the'Con- tractor of any alternates. If the City, through normal suppliers, locates the specified materials or acceptable substitutes, the Contractor will be billed for the time and costs of locating the materials for the Contractor. All bill(ngs will be at normal hourly rates. 4.06 CERTIFICATES OF COMPLIANCE As required by these specifications, a Certificate of Compliance shall be furnished prior to the use of the materials. A Certificate of Compliance shah be furnished With each Iot of material delivered to the work and the lot so certified shall be clearly identified. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any tlm% The fact that material Is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibll(ty for incorporating material In the work which conforms to the the requirements of the drawings and specifications and any such material not conforming to such requirements wi 1 I be subject to rejection. The City reserves the right to refuse to permit the use of material on the basis of a Certi f i cate of Compliance. 4.07 STORAGE OF MATERIALS Materials sha l I be stored so as to ensure the preservation of their quality and fitness for the work. When considered necessary by the Engineer, they shal I be placed on timber platforms or other hard clean surface and not on the ground, and shall be placed under cover when so requested. Stored materials shall be located so as to facilitate prompt Inspection. 4.08 RESPONSIBLITY FOR MATERIALS The Contractor will be held responsible for all materials furnished by the City after such materials have been delivered to the site and until such materials are Incorporated In the project and accepted by the City. Deductions will be made from any moneys due or to become due the Contractor, to make good any loss, damage, Shortage or deficiency from any cause whatsoever. Loss shall include demurrage charges due to delinquency in unloading. In case of suspension of the work from any Cause whatever, the Contractor shall be responsible for all materials whether furnished by him or by the City and shall properly store such If necessary. 12 SECTION 5 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5.01 ORDER OF WORK AND PROGRESS SCHEDULE In general, it Is not the purpose of these specifications to limit the order In which the Contractor shall commence and carry out various operations. However, prior to the commencement of work, the Contractor shall submit, within twenty (20) working days of approval of the Contract, a proposed construction progress schedule which shows each constituent operation, quantity, rate and period required to accomplish the work. The proposed construction schedule shall show that the work 49 will be completed within the time limit specif(ed In the bid. Further, a progress schedule shall be submitted monthly, or as requested by the Engineer, to show the progress of the work as It relates to the construction schedule. A revised con- struction schedule shall be submitted If the progress of the work departs apprecia- bly from the original schedule. The Contractor may furnish the schedule on a form of his choice or, If requested, the Engineer w(II furnish a form for the Contrac- tor's use. No progress payments wll I be made for any work until a satisfactory schedule has been submitted to the Engineer. • The Engineer may request the Contractor to submit for review proposed methods of procedure which enumerate the methods and equipment to be employed during each phase of the work. If at any time before the commencement or during the progress of the work such method of operations appear, to the Engineer, to be inadequate, he may order the Contractor to improve their character, or to Increase their efficiency, and the Contractor must conform to such order. The failure of the Engineer to order such Improvement of methods or increase of efficiency, shall not relieve the Contractor from his obligation to secure the quality of work and rate of progress established In the specifications and bid. Contractor shall maintain copies of the submitted construction schedule, progress schedules and proposed methods at the project site. 5.02 COMMENCEMENT PROSECUTION AND CDMPLETION The Contractor will be required to commence work, to prosecute the work diligently and to complete all of the work within the number of days specified In the bid after the date of execution of the Contract or the date of notice from the Engineer to proceed. Contractor shall, upon comp IatIon of the work, deI(ver possession thereof to City ready for use and free and discharged from all claims and demands Incurred for labor and materials required In the prosecution of the work. 5.03 SUFFICIENCE OF TIME • The time set forth In the bid or the time allowed by these specifications for the completion of the project Is to be considered as sufficient for such completion by a Contractor having the necessary equipment, capital and experience unless extraor- dinary and unforeseen conditions arise. Should the Contractor be obstructed or delayed In the prosecution or completion of the project by the act, neglect, delay or default of the City, or as a result of • strikes, fire, flood, l(ghtning, storms or earthquakes, or by unavoidable calamity, or other unforeseen causes that, In the opinion of the City, are beyond the control of the Contractor. then the City may grant an extension of time for the completion of the project. No such allowance of time shall be made for any alleged failure of the City to furnish required materials or of the Engineer to furnish Information. The Contractor will be allowed an extension of time for changes or extra work as described In these specifications based upon the effect of the changes or extra work on completion of the project as a whole but will not be granted for changes or extra work of a minor nature unless Contractor shows to the satisfaction of the Engineer that such minor changes or extra work necessarily require extension of time for completion of the project. Should the Engineer determine that operations are not being carried on at a rate sufficient to secure the completion of the project within the specified time, the Engineer may at his option and after ten (10) calendar days written notice to the Contractor put on such additional labor or equipment as may be necessary to bring the work to a proper state of advancement, and any actual final excess cost thereof to the City over what the work would have cost at the Contractor's rate shall be deducted from any sums due or to become due to the Contractor. Failure of the 13 a SECTION 5 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK Engineer to serve written notice on the Contractor to put on additional labor or 10 equipment shall not relieve the Contractor from his obligation to secure the quality of work and rate of progress established In the specifications and bid. Any and all extensions of time granted under the provisions of these specifications shall not release the sureties on the bonds accompanying the Contract. Said bonds shall remain In full force and effect until completion of work and/or termination of Contract. 5.04 CONTINUANCE OF WORK if the construction of the project Is not completed within the time specified In the Contract for completion, or within such time as may be extended by the City, the Contractor shall continue such construction In accordance with the provisions of the Contract and unless otherwise at any time requested by the City In writing said Contract snail remain in full force and effect until the completion of and the acceptance of the project unless said Contract is formally suspended or terminated In accordance with the terms of the Contract. 5,05 STOPPAGE OF WORK AND ANNULMENT OF CONTRACT If the Contractor falls to commence construction of the project within the specl- filed time, or If the construction of the project be abandoned by Contractor, or if this Contract be assigned or the work sublet by the Contractor, except as herein Specified, or If at any time the Engineer shall be of the opinion that the performance of the Contract is unnecessarily or unreasonably delayed, or that the Contractor Is willfully violating any of the conditions or covenants of the Con- tract, or is executing the same In bad faith, or not in accordance with the terms thereof, the Engineer may notify the Contractor not to resume or to discontinue, as the case may be, all work or any part thereof contemplated under the Contract by a written notice served upon Contractor. The Engineer shall advise the sureties that they will be given five (5) working days within which to arrange for the completion of the project In accordance with terms and conditions of the Contract by another contractor satisfactory to the City. Should the sureties fail to effect satisfac- tory arrangements within said five (5) working day period, the Engineer may take Immediate possession, on behalf of the City, of the equipment and materials upon the line of work without further notice to Contractor and use said equipment and materials to complete the project. The Contractor shall not remove the equipment or any part thereof or any materials from the site so long as the same may be required in the completion of the project. It the City takes possession of the equipment and materials, It may enter into another contract for the completion of the project contemplated by the Contract or otherwise undertake the completion of said project, or such part thereof as may have been suspended and may use such materials and equipment as may be found upon the project site and may procure such other materials, labor, and equipment as may be required for the completion of said project. The City shall charge the expense of such equipment, labor and materials, plus ten (10) percent of the cost thereof, for administrative expense against any sums of money due or to become due the Contractor, or against the sureties to the extent of their Ilability. In the event that the total expense in completing the project exceeds the Contract price, plus such additions or less deductions as may have been formally approved by the City, but Is less than the aforesaid total sum plus the amount received from the sureties on the labor and material bond and the faithful performance bond, then and In that event, the difference between said sum and the actual cost of the completion of the project to the City, less any legal deductions, w I I I be returned to the sureties as their Interest may appear. When any particular part of the construction of the project Is bean carried on by the Contractor, by contract or otherwise, under the provisions of this Section, the Contractor shall continue the remainder of the construction work in conformity with the terms of the Contract In such manner as In no way wi l l hinder or Interfere with the persons or workmen employed. as above provided, by the City by contract or otherwise, to do any part of the work or to complete the same under this Section. 14 SECTION 5 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK In the event the City undertakes to have constructed the project, or any part thereof, the certificate as to the amount of work performed and materials furnished and the costs therof, and the excess cost, It any, of completing the project contemplated by the Contract shall be conclusive and binding upon the Contractor, assignees and sureties. In I(eu of the foregoing provisions to suspend the Contract, the City may pay the Contractor for the portion of the project previously constructed according to the provisions of the Contract and may treat the portions remaining uncompleted as If • said prot Ions had never been Included or contemplated by the Contract. No claim under .the provisions of this Section will be 811owed the Contractor for prospective profits on uncompleted portions of the project. 5.06 TEMPORARY SUSPENSION OF WORK The Engineer may order the Contractor to suspend the work on the project wholly or • In part for such period of time as may be deemed necessary due to unsuitable weather or to such other conditions as may be considered unfavorable for the suitable prosecution of the work or for such time as may be deemed necessary due to the failure of the Contractor to carry out orders given or perform any provision of the Contract. The Contractor shall immediately respect the written order of the Engineer to suspend the work who ly or in part, as the order may provide. Work shall be resumed when conditions are favorable or when the methods have been corrected, as ordered or approved in writing by the Engineer. 5.07 COMPENSATION FOR DELAYS Contractor shall not be entitled to any additional compensation or an extension of time for delay, hindrance or interference In the construction of the project unless the City fails to acquire a right-of-way for the project, or if the Engineer fails to give the necessary permission to proceed with the project for an unreasonable time after the award of the Contract and as a direct result thereof, the Contractor . sustains loss which could not be avoided by judicious handling of Contractor's forces and equipment. If the Contractor claims loss for the reasons above stated, he shall present to the Engineer a written request for reimbursement within thirty (30) calendar days from and after the calendar month In which the damage or lass was sustained. If the loss for which reimbursement Is sought is sustained In more than one (1) calendar month, or If the repairs made necessary by negligence are not completed . within the calendar month, then a separate request for reimbursement must be filed with the Engineer for each succeeding month. The filing of the request for reimbursement with the Engineer, together with a detailed Itemized statement showing the various Items making up the loss or the various Items of expenses incurred, shall be a condition precedent to the right of the Contractor to receive reimbursement. . In the event such claim Is made and Ilabillty on the part of the City Is found to exist, the Contractor shall be paid such amounts as the Engineer finds to be fair and reasonable compensation for such foss and that the loss, or any part thereof, could not have been avoided or reduced. In any event, the Contractor shall not be entitled to recover for loss or anticipated profits or indirect loss of any kind and no Item shall be Included In the claim other than necessary payments for Idle time and charges on equipment. 5.0B PARTIAL ACCEPTANCE The City may accept and take possession of any completed portion of the project before completion of construction and acceptance of the work. Such partial accep- tance shal I apply only to the particular area accepted and shal I not constitute acceptance of any other portion of the project, nor relieve the Contractor of any of the provisions of this Contract. . The Contractor w(I I not be required to reclean such portions of the Improvement before acceptance of the work, except for cleanup made necessary by the Contrac- tor's operations. Nothing in this Section shall be construed as eel loving the Contractor from full responsiblity for correcting defective work or materials. 15 • SECTION 5 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5.49 ODMPLETION AND ACCEPTANCE Contractor shall request an Inspection of construction to begin the Post -Installa- tion Maintenance Per lod following the thirty (30) calendar day Pi ant Establishment Period. Contractor shall request an Inspection for acceptance of the work at the end of the sixty (60) calendar day Post -Installation Maintenance Period. Both Inspection requests shall be made to the City a minimum of seven (7) calendar days prior to the Inspection. Contractor shall submit to the Engineer prior to the Inspection for acceptance of the work all materials as required by the specifications. It in the Englneer's judgement, the work has been completed in accordance with the drawings and Spec IfIcat (ons and Is ready for acceptance, It will so certify to the City Council, which may accept the completed work. The Engineer wl11, In its certlficat[on to the City Council, give the date when the work was completed. This • wlII be the date when the Contractor Is relleved from responslbllty of maintaining and protecting the work. This wlII also be the date to which Ilquidated damages wlI l be computed. 5.10 GUARANTEES Unless otherwise specified, the Contractor shall guarantee that the work performed under the Contract will be free from defects of workmanship and materials for a period of one (1) year from the date of acceptance of the work and shall guarantee to assume responsibility for costs Incurred for repair or replacement of any de- fects in materials within that period of time not due to the City's or others' Improper or careless operation of the structures or equipment. Whenever in these specifications written Guarantees are requested, or different periods of time are specified, the Contractor shall guarantee the products or Installations therein described for the time specified and no further guarantee shall be required. If detective material or workmanship is discovered In the work requiring repairs to be made under this guarantee, al I such repair work shal I be done by and at the expense of the Contractor within five (5) working days after written notice has been given by the City. Should the Contractor fall to repair such damage within f Iva (5) working days thereafter, the City may make the necessary repairs and charge the Contractor with the actual cost of all labor and material required. In emergencies demanding Immediate attention, the City shall have the right to repair the defect or damage and charge the Contractor with the actual cost of all labor • and material required. 16 SECT I ON 6 RESPONSIBILITIES OF THE CONTRACTOR . 6.01 CONTRACTOR'S EQUIPMENT AND FACILITIES The Contractor shall furnish and maintain In good condition all equipment and facilities as required for the proper execution and Inspection of the work. Such equipment and faclllties shall meet ail requirements of applicable ordinances and laws. Contractor shall furnish and Install temporary field office facllltles of neat and substantial construction. The facilities shall be located where requested by the Engineer and maintained in a safe and sanitary condition at all times until Inspec- tion of construction, then removed from the site. Telephone service shall be provided and removed at the expense of the Contractor. 6.02 WORKMANSHIP AND LABOR . All work shall be done and completed In a thorough and workmanlike manner by mechanics skit led in their various trades. Al I work which Is not acceptable or whlcn has been rejected shall be remedied, or removed and replaced, by the Contrac- tor In a manner acceptable to and as directed by the Engineer. No compensation shal I be al lowed for such removal or replacement. Only competent workmen shall be employed on the work. Any person employed who Is found to be Incompetent, Intemperate, troublesome, disorderly or otherwise objec- tionable, or who falls or refuses to perform his work properly and acceptably, shall be Immediately removed from the work by the Contractor and not be re-employed on the work. 6.03 SPECIFICATIONS AND CODES Reference made to other specifications and codes refer to editions In effect at the date bids are received for the project and Include all addenda and errata prior to • that date. 6.04 LAWS TO BE OBSERVED The Contractor shal I be f u l l y Informed of al I existing and future State and National laws and municipal ordinances and regulations which In any manner affect those engaged or employed In the work, or the materials used In the work, or which in any way of fact the conduct of the work, and of a ) I such orders and decrees of • bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency Is discovered In the drawings, specifications or Contract for the work In relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same to the Engineer In writing. Contractor shal I at al I times observe and comply with, and shal 1 cause al 1 his agents and employees to observe and comply with, all such existing and future laws, ordinan- ces, regulations, orders and decrees; and shall protect and indemnify the City and all Its officers and agents and servants against any claim or liability arising . from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees. 6.05 EIGHT -HOUR LAW Pursuant to the provisions of Article 3, Chapter 1, Part 7, Division 2, of the Labor Code of the State of California (Sections 1810 to 1815 inclusive), eight (8) hours shal l constitute a day's work in the performance and execution of any work that may be performed within the State of California under the Contract, and the Contractor shall forte it, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, workman or mechanic who may be employed in the State of California In the execution of the Contract by the Contractor, or any Sub- contractor under him, for each calendar day during which such laborer, workman or mechanic Is required or permitted to labor more than eight (8) hours In the perfor- mance Of any work under the Contract. Provided, however, that In accordance with Section 1815 of said Labor Code, work performed by employees of contractors In excess of eight (8) hours per day and forty (40) hours In any one (I) week at not less than one and one-half (1 1/2) times the basic rate of pay. 17 E, SECTION 6 RESPONSIBILITIES OF THE ODNTRACTOR 6.06 DEFINITION OF WORKING DAY A working day shal I be any day other than Saturday, Sunday or such other holidays as 1 Isted in Sections 6700 and 6701 of the governmental code of the State of California, on which the normal working forces of the Contractor may proceed with the regular work for at least six (6) hours toward completion of the Contract, unless work is suspended for causes beyond the Contractor's control. . 6,07 FAIR EMPLOYMENT PRACTICES In the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. The Contractor Shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry or national origin. Such action shall Include, but not be limited to the following: employment, upgrading, demo- tion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The Contractor shall post In conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices paragraph. 6.08 PROTECTION OF EMPLOYEES AND OTHERS The Contractor shall take such precautions as are necessary to protect workmen engaged in the performance of the work specified and to prevent accidents or Injury to such workmen or Others. The Contractor shall comply with all safety orders of the Division of Industrial Safety of the State of California Insofar as the same Pertain to the Contractor's operations. Should any unusual or hazardous condition exist by reason of the work to be performed or should any unusual or hazardous condition involving a peculiar risk of bodily harm to workmen or others arise, then the Contractor shall take all precautions necessary to protect workmen and others. The Contractor, during the performance of this Contract, shah comply with the provisions of Article 1, Chapter 4, of the Labor Code of the State of California pertaining to Workmen's Compensation and shall furnish proof to the City of such compliance. 6.09 CHARGE AND CARE OF PROJECT The Contractor shall assume full responsibility for the safety of his employees, plant and materials, and for any damage or Injury sustained by or to them from any . source or cause whatsoever during the performance of the Contract and until acoep- tance of the work. 6.10 PROJECT SITE MAINTENANCE Throughout all phases of construction, Including suspension of work, and until acceptance of the work, the Contractor shall keep the project site clean and free from rubbish and debris which may result from project operations. Materials and equipment shall be stored on the site in a neat and orderly manner, and upon completion of the work and before final inspection the entire project site shall be cleared of equipment and unused materials so as to present a satisfactory clean and neat appearance. msts Incurred due to cleanup operations shall be as Included In the prices bid for the various contract Items of work and no separate Payment oil I be made therefor. Care shal l be taken to prevent spit loge on haul routes. Any such spit loge shal I be removed Immediately and the area cleaned. Excess excavated material shall be removed from the site Immediately. Sufficient material may remain for use as backfill If permitted by the Engineer. Forms and form lumber shall be removed from the site as soon as pratical after stripping. No material, other than clear water, shall be allowed to enter the City's drainage system. Wate► removed from excavations shal I be disposed of In a manner which wlI I not Interfere with the operations of others In the area. 18 U SECTION 6 RESPONSIBILITIES OF THE CONTRACTOR Falluro of the Contactor to comply with the Engineer's cleanup orders may result In an order to suspend work until the condition is corrected. No additional compensa- t (on wi I I be a I ooned as a resu I t of such sus pens Ion. 6.11 AIR POLLUTION ' Contractor shal I comply with al I air pol lution control rules, regualations, ordina- nces and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants Into the atmosphere In such quantity as will violate the regulations of any legally constituted authority. Materlal to be disposed of shall not be burned. 6.12 SANITATION The Contractor shot I conform to the rules and regulations pertaining to sanitary i provisions as established by the State of California as may be applicable, and shal i leave the work area clean and free from nuisance. Contractor shall provide and maintain, in a neat and sanitary cond(tion, enclosed toilets for the use of employees engaged In the work. Facilities shall comply with al I appl (cable laws, ordinances and regulations pertaining to pub Ic health and sanitation of dwellings and camps. Sewage flows shall not be Interrupted. Should the Contractor disrupt existing sewer fact Iitles, sewage shall be conveyed In closed conduits and disposed of In a Sanitary sewer system. Sewage shal 1 not be permitted to flow In trenches or be Covered by backf I 1 I. 6.13 TEMPORARY LIGHT, POWER AND WATER Al temporary connections for electricity and power necessary for the prosecution of the work shal I be subject to approval by the Engineer. All temporary lines shall be furnished, installed. connected and maintained by the Contractor's expense Prior to acceptance of the work. 1f fresh water is required at the site for the prosecution of the work, the Contra- ctor shall apply for service from the Department of Public Works and shall purchase and Instal water motors as shown on the drawings per City of Huntington Beach Standard Plan 0603 Including ail appurtenances and water meter. Until acceptance Of the work, the Contractor shall pay all charges for any fresh water necessary for the prosecution of the work, running of temporary pipes that may be required and shall, on completion of construction and prior to the Post -Installation Maintenance Period. remove all such temporary pipes from the work. The flow, acceptance and pollution control of water will be as stated In the City Of Huntington Beach Standard Specifications herein. 6.14 NOISE CONTROL Contractor shal I comply with al I County and local sound control and noise level regulations and ordinances which apply to any work performed pursuant to the Contract, and shall make every effort to control any undue noise resulting from the construction operation. Each internal combustion engine used for any purpose on the project or related to the project shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. Said noise level requirement steal I apply to al I equipment on the project or related to the project Including but not limited to trucks, transit mixers, or transient equ(pment that may or may not be owned by the Contractor. The use of I cud sound signals shall be avoided In favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. In residential areas, working hours shall be as stated in the City of Huntington Bach Standard Specifications herein. 19 SECTION 6 RESPONSIBILITIES OF THE ODNTRACfOR 6.15 PESTICIDES • Contractor, shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required In the performance of the work. Pesticides shall Include but shall not be limited to herbicides, Insecticides, fungfcfdes, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterl lants, and repellents. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjoining property and preventing any toxic exposure to persons whether or not they are In, or near, the project. 6.16 DUST CONTROL The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary, and shall save the City free and harmless from any claim for loss or damage sustained by others and resulting from operations on the project site. The use of water resulting In mud on the public streets will not be permitted as a substitute for sweeping or other methods. Oontractor shall keep paved areas acceptably clean wherever construction, Including restoration, Is incomplete. Water for compacting embankment materlal, subbase, base and surfacingg materlal, and for laying dust sha 1 1 be app I fed by means of pressure -type d f str ibutors or Pipe IInes equipped with a spray system or hoses with nozzles that wlII ensure a uniform application of water. A I I eq u (pment used for the app I (cat Ion of water sha I l be equipped with a positive means of shut-off. If a dust pal lative is requested by the Engineer for the prevention of dust nuisance or erosion control, the Contractor shall apply a mixture with the water base polymer stabilant, Bordens Geotech, or approved equal, by means of a pressure - type distributor truck equipped with a spray system. Compensation for applying a dust pal lative shall be considered Extra Work as specified in Section 3. No separate payment will be made for any work performed or material utilized to control dust resulting from the Contractor's operations. Compensation will be considered as included in the prices bid for the various items of work involved. 6.17 UTILITIES The existence and location of any underground utility pipes or structures shown on the drawings are obtained by a search of the available records. Approval of these plans by the City of Huntington Beach does not constitute a representation as to the accuracy or completeness of the location or the existence or non-existence of any underground ut f l i ty pipe or structure within the limits of the project site. Contractor shall take all due precautionary means to protect the utility lines not of record or not shown on these plans. Information related to existing utilities may be obtained from Underground Services Alert, (800)422-4133. Contractor shall determine the location and depth of utilities, Including service connections, which are Indicated on the drawings. Compensation for such work shall be considered as included In the prices bid for other Items of work. The right is reserved to owners of public utilities to enter upon the project site for the purpose of making repairs or changes of the property that may be made necessary by the work. The City shall also have the privilege of entering upon the site for the purpose of repairing sewers, water pipes, gas pipes or other pipes or conduits, or making house connections thereto or repairing existing culverts or storm drains. The Contractor shall provide protection for and shall not disturb any sewer service function or house connection that may, during construction, be found located In any place that Is to be occupied by some portion of the project which Is to be constru- cted under this Contract unless a written permit is first obtained from the Engineer. 20 i SECTION 6 RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall Immediately notify the Engineer and utility owner if he disturbs, disconnects, or damages any utility located substantially as Indicated on the drawings, The Contractor shall bear the costs of repair or replacement. When placing concrete around or contiguous to any utility, the Contractor shall assume responsibility for costs to furnish and Install a cush(on of expansion jofnt material, clear opening or sleeve, or by other suitable means shall prevent embed- ment in or bonding with the concrete. Contractor shall notify the Engineer of its construction schedule Insofar as it affects the protection, removal or relocation of utilities. 6.18 PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct operations as to offer the least possible obstruc- tion and inconvenience to the public. The Contractor shall have under construction no greater amount of work than can be prosecuted properly with due regard to the rights of the pub I ic. The Contractor shall maintain at the construction site, and at any additional sites provfded for temporary storage of construction materials and equipment, such secu- rity measures, Including watchmen, as Is deemed advisable. The City shall not be required to provide protection from trespass or vandalism. Noting herein shall be construed to entitle the Contractor to the exclusive use of any public street, road or parking area during the performance of the work. Construction materials may not be stored in streets, roads or highways for more than five (5) working days after unloading. Safety precautions will be as stated In the City of Huntington Beach Standard Specifications herein. In addition to complying with the Construction Safety Orders of the California Department of Industrial Safety, the Contractor shall: (1) Provide Safe access to al I work which the Engineer may be required to inspect. (2) Protect the public from hazardous conditions which they shall be deemed Inca- pable of recognizing. The Contractor shall submit to the Engineer an acceptable detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground where an excavation or trench Is five (5) feet or more In depth. If such plan varies from the shoring system standards established by the Construction Safety Orders of the State of California Division of Industrial Safety, the plan shall be prepared by a registered civil or structu- ral engineer. No shoring, sloping or protective system less effective than that required by the Construction Safety Orders shall be submitted or used In such excavation. The Contractor shell not commence such excavation until said detailed plan has been accepted by the Engineer. The Contractor shall also obtain a permit for excavation and pay said permit fees. Payment for performing all work necessary to provide safety measures shall be considered as Included in the prices bid for the various Items of work involved. 6.19 PATENTS AND ROYALTIES The Contractor shall absorb In Its bid, the patent fees or royalties on any paten- ted article or process which may be furnished or used in the work. The Contractor steal I Indemnity and hold the City harmless from any legal action that may be brought for Infringement of patents. 6.20 PAYMENT OF TAXES The contract prices paid for the work shall Include full compensation for all taxes on labor, services, materials, transportation, or any other Items furnished pur- suant to the Contract, which the Contractor Is required to pay, whether imposed by the Federal, State or local government. Including, without being limited to, Federal excise tax. 21 SECTION 6 RESPONSIBILITIES OF THE CONTRACTOR 6.21 PERMITS AND LICENSES THE CONTRACTOR SHALL PROCURE ANY AND ALL PERMITS AND LICENSES PAY ANY AND ALL CHARGES AND FEES, AND M VE AL L—N-5TI-CM =n7"7%7IZ1DENT 'TO�07tME—W-T1iW= rMnTrUYM7"HE WORK. THE CONTRACTOR SHALL HAVE AND MAINTAIN THROUGHOUT THE COURSE OF THE CONTRACT AN APPROPRIATE CALIFORNIA CONTRACTOR'S LICENSE TO PERFORM ALL WORK NECESSARY TO ' COMPLETE THE WORK AS SHOWN ON THE DRAWINGS AND SPECIFIED HEREIN, NO SEPARATE PAYMENT WILL 13E MADE FOR PROCURING NECESSARY PERMITS AND LICENSES. COMPENSATION WILL BE CONSIDERED AS INCLUDED IN THE PRICES BID FOR THE VARIOUS ITEMS OF WORK INVOLVED. 6,22 COOPERATION AND COLLATERAL WORK The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by others operating within or adjacent to the project site. The City, the Contractor, and others shal I coordinate their operations and cooperate to minimize Interference. No separate payment will be made for coordinating the Contractor's work with others. Compensation will be considered as Included in the prices bid fo► the various items of work involved. 49 6.23 TEMPORARY FENCING Temporary fencing, equal to National Rent A Fence, as approved by the Engineer shall de Installed along the Inside edges of sidewalks or curbs and open property IInes to provide for total enclosure of the project site during construction. Temporary fencing shall not be Installed where existing block walls or fences Outline the project property Ilne. Ountractor shall remove the temporary fencing • at the end of the thirty (30) calendar day Plant Establishment Period prior to starting the sixty (60) calendar day Post —Installation Maintenance Period. CJ 6.24 EXISTING OIL WELL SITE EXISTING OIL WELL SITE SHALL REMAIN AND BE PROTECTED IN PLACE. ACCESS TO THE Olt WELL SITE SHALL BE MAINTAINED AT ALL TIMES DURING CONSTRUCTION FROM DELAWARE STREET. 22 SECTION 7 MEASUREMENT AND PAYMENT 7.01 MEASUREMENT Unless otherwise specified, quantities of work shal I be determined from Measure- ments or dimensions In horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along the longitudinal axis. Volumetric quantitles shall be the product of the mean area of vertical or horizontal sections and the Intervening horizontal or vertical dimension. The planimeter shall be considered an Instrument of precision adapted to the measurement of all areas. Al work to be paid for at a Contract price per unit of measurement will be mea- sured by the Engineer In accordance with United States Standard Measures. 7,02 LUMP SUM WORK If the Contract provides for a Jump sum Item for which progress payments are to be made, the Contractor shall, before the first payment becomes due, submit to the {♦ Engineer a detailed account of such lump sum item. The detailed account submitted wlII be checked by the Engineer and If such unit prices appear to be reasonable and properly balanced, they will be used In the preparation of the monthly estimates for permanent work completed. 7.03 BASIS FOR PAYMENTS In preparing monthly estimates, the unit prices, Insofar as they are shown In the i♦ Contract, or as determined pursuant hereto, will be used as a basis for arriving at the amount due the Contractor, and such estimates will include only such materials and supplies as are actually in place In the project, In accordance with the drawings and specifications and satisfactory to the Engineer. Payments for extra work performed in accordance with these specifications during Bach calendar month will be made In the same manner and at the same time as the monthly progress payments. 7.04 ACCEPTANCE OF WORK NOT A WAIVER Neither the acceptance of the work nor the payment of any money by the City shall operate as a waiver of any provision of the Contract, nor of any power reserved to the City, nor of any right to damages or Indemnity herein provided; nor sha 1 1 any waiver or any breach of the Contract or any default thereunder be held to be a waiver of any other or subsequent breach or default. 23 SECTION 8 MOBILIZATION 8.01 DESCRIPTION Mobilization shaft consist of preparatory work and operations, Including, but not limited to, those necessary for the movement of personnel, equipment, supplies and Incidentals to the project site; for the establishment of all offices, buildings and other faclIitias necessary for work on the project; and for all other work and operations whim must be performed or costs Incurred prior to beginning work on the various Contract items on the project site. 8.02 PAYMENT The Contract lump sum price for mobilization shall Include full compensation for furnishing all labor, materials, tools, equipment, and Incidentals, and for doing all the work Involved In mobilization as specified. Any adjustment provisions as stated In these specifications shall not apply to the Is Contract lump sum item for mobilization. 10 24 �''T 10% 9.01 GENERAL Contractor shall provide all labor, materials and agate nr cl•- gad ar= bing operations. This work shal I be perfo---- '`' a�va- _ in accordance with the drawings and as specified heref,, *o requirements. Clearing and grubbing shaI I consist of removing a I r.a: ar;, ar; sl ob,i tionable materials from the natural grounc Surf a. :-nI-I a !r7its _ 1♦ construction, to a depth necessary, incluc+-a but no! `o and vegetable growth such as trees, stumps, roots one In diameter or larger, burgled logs, brush, grass, we= fte"- -:�-scrl: herein and shown on the drawings. Existing culverts, drains, curbs, gutters, sf dewa I ks, r. ~ con- --d o*- structures to be taken out or replace: snaii be eemo:e: e' ... s_ the Contractor, unless otherwise showr. on tie drawfri: ;IS or- e-- Materials removed shall not be lncorporateo In the proje_ the Con..r exec with the permission of the Engineer or as Inc'fceted on ` trr,:. No payment will be made to the Contractor for clears: grubJ; stated limits, unless such work Is authorized by toe Er - Trenches, holes, depressions, and pits caused by t5& ;I of I'le_ objectionable materials shall be backfi l led wlth mate--i al to -Ter the surrounding soil. 6ackf I I led areas s"_' I i be corr;;= s+' - existing conditions. 9.02 PRESERVATION OF PROPERTY Existing improvements, plant material, adjac�_n' properi T i a fac ties shown on the drawings and items noted "to be pr• or n" are not to be removed shaI I be protected from Iniu,- 6.n2v.- n_ Contractor's operations. Plant material tc he pro*.ec• Engineer. Costs Incurred due to repair, restoration or rep lacem.» which are not designated for removal which are damaoe' = operations shall be the responsibility of Ti" Contractc.. Replacements shall be at least equal to the c.on-�itio❑s the work, and shall match them in flnlsh and dimensfo- replaced with the same species, size and in -tie orlclne 9.03 REMOVAL AND DISPOSAL OF MATERIALS All materials removed shall be dlsposec of off-s! permitted. No accumulation of flammable rr_% -�_rf a I sr.e the project site. The roadway and adjacen- areas sh finished appearance. Abandoned pipes shall be capped or plugged In a manner 9.04 ADJUSTMENT OF LUMP SUM PAYMENT exfstin_ .•roveme`.- I'. _ tru_}f. ,nt _ . ;hal I - f; . no - co n-. l of - ,eaT The Contract lump sum price for clearing ano grubbing s• i-cludr- tion for furnishing all labor, materials, tools, equlpm�=. Inci G. gnu doing a! I the work involved In clearing anc grubbing op•= rs as ± _,: on drawings and specified herein. No additional payment sl -lade r, ha-. and disposal of materials. Any adjustment In compensation due to an increase or In - ^'I-% work to be performed, which Is requested by the Engineer, oz r^.c._ the ba- of the cost of the increased or decreased work. 25 0 SECTION 9 a n d GRU BB! NG shall De cur to clean ng as; It (c concrwre ions, sha I I be the 0 a a 9 C' SECTION 10 EARTHWORK 10.01 GENERAL Contractoe shall provide all labor, materials and equipment to perform all earth- work operations as shown on the drawings and specified herein, Including but not limited to site grading, excavation, backfilI, soil compaction control, finisn grading and disposal of excess or unsuitable materials. Surveying shall be in accordance with the provision for surveying as specified In Section 2, Control of the Work. i The estimated quantity of cut Is approximately )5,500CY, to be used for approximately. 15,500CY of fi I I (there Is a 20% shrinkage of 2,000CY and a 0.02' subsidence factor of 7,500CY to be considered). Contractor shall haul 9,500 CY of approved agriculturally suitable Imported fill. It, during grading operations an excess or deficiency of earth becomes apparent, besides those noted, Contractor shall immediately notify the Engineer. The upper three feet (31) of f i l l sha l l be agricultural l y suitable solid. Overexcavation and recompaction of the proposed building site and proposed parking lot shall be In accordance w}Tn the Preliminary Solis Engineering and Foundation Investigation by Earth Research Associates, Inc., Novemeber 12, 1985. All unsuitable existing uncomapcted flII shall be removed to approximately seven feet (71) below rough grade. . 10.02 PROTECTION OF PROPERTY Existing Improvements, adjacent property and utilities that are not to be removed shall be protected from injury or damage resuIt(ng from operations. Costs incur- red due to repair or damage shall be the responsibility of the Contractor. Contractor shall furn(sh, place and maintain ail shoring and bracing as may be required for protection of existing structures during proper execution of the work. The adequacy of and responsibility for protection shall be the Contrac- tor's. All bench marks, monuments and other reference points shall remain undisturbed unless specIfitaily requested by the Engineer. When hauling Is done over Clty streets, loads shall be trimmed and material shall be removed from shelf areas of vehicles In order to eliminate spilling. 10.03 PROTECTION OF PUBLIC Contractor Shall provide such barr(cedes, temporary fences, lights, warning signs, guards and other measures as may be necessary to assure safety and to deter trespassers. These temporary facilitles shall be constructed, painted and main- tained In strict conformance with the requirements of applicable local and state Codes. a 10.04 GRADING OPERATIONS Finished surfa"s in al cases shall conform to the lines, grades, cross sections and dimensions shown on the drawings. Such deviations from the original drawings and working drawings, as may be required by the exigencies of construction, will In all cases be determined by the Engineer and authorized In writing. . Finished grades shall be well compacted, reasonably smooth and conform to the drawings, Insuring positive drainage, free of abrupt grade changes, lrregularl- ties, water pockets or discontinuities in surface level. Subgrade for pavements, sidewalks, curbs, and gutter, and other structures shall not vary more than one-half 0 /2) Inch from the spec: lfIad grade and cross-section. Adequate drainage shall be provided throughout the progress of the work so that storm water will be disposed of without damage to the project or adjacent proper- ties. Any such damage shall be repaired at the Contractor's expense. 27 E7 SECTION 10 EARTHWORK No finish grading shall be done when the moisture content of the soli Is so great • that excessive compaction wlII occur, nor when It is so dry that dust will form In the air or that clods will not break readily. Prior to Completion of finish grading, all rocks, roots or other foreign material one (1) Inch or larger in any dimension and weeds shall be removed from the top two (2) Inches of the finish grade. Finish grade adjacent to paved areas, curbs, valve boxes and slmllar features shall be one (1) Inch below the finished surface. 10.05 EXCAVATION The Contractor shall make sufficient excavation to construct all of the work shown on the drawings or specified herein, and shall abide by the Construction Safety Orders Issued by the Division of Industrial Safety of the State of California. Excavations shall be to the dimensions and elevations indicated on the drawings of sufficient width to provide clearances for setting of forms and inspection of the various classifications of work. Concrete for footings shall be placed against "undisturbed soli" which has been thoroughly wetted. Bottom of excavations sha I I be level, free from loose material, and to the re- quired levels in undisturbed earth. All excavations shall be kept free from standing water. The Contractor shall assume all responsibility for pumping or draining that may be necessary In carrying on the work. The Contractor shall comply with State of California Labor Code Section 6705. In the event an excavation Is five (5) or more feet in depth, the Contractor shall cause a competent person to be placed at the site of the work for purpose of . observing backfll ling operations In those cases where the operator of a power unit engaging In such backfllling is unable to see Into the excavation. Excavations made to greater depths than indicated without specific direction shall be filled with concrete as spec: lfIad for foundations at the Contractor+s expense. If the Engineer requests that excavations be carried below depths Indicated, the Contractor shall perform such work under the provisions for Extra Work as specl- fled in Section 3. Acceptable excavated material shall be transported to and placed in fill areas within the Ilmits of work. Unsatisfactory material encountered within the Ilmits of work shall be excavated below grade and replaced with satisfactory material as requested by the Engineer. As approved by the Engineer, distribute satisfactory excavated subsoil obtained . from grading operations for planting areas. 10.06 COMPACTED FILL Graded material shall not be left In loose layers but shall be compacted In thin layers. After required excavations, undistributed or exposed natural soils In areas of . hydroseeded turf shall be crossripped to a depth of twelve (12) Inches and brought to within three (3) percent of optimum moisture and compacted. Teeth on ripper shal t be two Iva 02) Inches on Center. Fill material shall be composed of satisfactory excavated material or approved Imported soli and shall be evenly spread In uniform continuous horizontal layers not more than six (6) Inches deep of uncompacted thickness. 2B • SECTION 10 EARTHWORK Each uncompacted layer shall be moistened or aerated as necessary to obtain an even moisture distribution within three (3) percent of optimum moisture content. Compaction shall be performed by suitable mechanical equipment as approved by the Engineer. Each IIft and the upper six (6) inches of natural soils shall be compacted to at least 95% of maximum density obtainable In areas designated for planting and at least 95% maximum density obtainable in areas designated to receive pavement, structures and site amenities In accordance with ASTM D-1557. • Eacn layer of fill shall be sufficiently roughened after compaction to ensure bonding to the succeeding layer. Bring fills to suitable elevation above required grade to allow for shrinkage and settlement. 10.07 BACKFILL r Trenches and areas adjacent to footings and foundations sha I I not be backf l I led until the work Is Inspected and approved by the Engineer. Excavated material, approved for backfIIIIng, shall De free from large clods, stones and other objectionable materials, exceeding three (3) Inches in diameter; and deposited In layers not greater than six (6) Inches, brought to within three (3) percent of optimum moisture content and compacted by suitable means to the requirements for compacted fill as specified herein. Prior to planting operations, trenches shall be at the compacted finish grade (see Planting Section). Trenches that settle below grade shall be reopened to a depth required for proper compaction, refilled and compacted to indicated surface elevation, allowing for shrinkage and settlement. Compaction of backfIII by pond Ing and jetting w I I I not be permitted except for Irrigation and onsite drainage tines. 10.08 EXCESS OR UNSUITABE MATERIALS As requested by the Engineer, any excess excavated materials, except that which Is to be used as backfil1, shall be removed from the project site. Arrangements for disposal of the material at off-slte locations shall be made with the owner's wrltten consent of the property upon which such material will be disposed. Satisfactory completion of fill areas shall be completed before disposing of any indicated surplus material. A shortage of material caused by premature disposal shall be replaced at Contractor's expense. Unsuitable material, as determined by the Engineer, encountered below the natural ground surface shall be excavated and disposed of off the project site. Removal and disposal wail be paid for as Extra Work as specified in Section 3. 10.09 IMPORTED FILL Imported fill shall be clean, free from orgaInIc materials, trash, debris, rubbish of other objectionable substances. Contractor shall verify with Engineer the specific removal site. Prior to delivery to the project site, soil shall be tested In accordance with Section 4, Control of Materials. Engineer will . determine soil suitability. Imported fill shall be placed in accordance with the provisions of this Section for compacted fill, as to the minimum relative compaction and placement method. Imported fill, along with the existing site material, shall be thoroughly spread and mixed prior to rough grading operations. 29 • SECTION 11 DRAINAGE SYSTEMS 11.01 GENERAL Contractor shall provide all labor, materials, and equipment to furnish and Install drainage systems as Indicated on the drawings and as specified herein. Contractor shall maintain project site throughout the progress of the work In a reasonable, dry, workable condition. free of surface water. Contractor shall be responsible for all cutting and patching of new or existing walks, curbs, and pavements required for proper installation of drainage systems. Interior of pipe shall be thoroughly cleaned of all foreign matter prior to, during, and after Installation In the trench. Trench bottom shall be graded and prepared to provide a firm and uniform baring surface throughout entire length of pipe. Connections that are to be made to existing pipe, catch basins or other appurtenances shall be exposed before laying new pipe. The Engineer shall be notified twenty-four (24) hours prior to connection for Inspection of existing conditions In order to make any adjustments necessary to accomplish the Intent of the drawings. 11.02 HORIZAONTAL SUBDFZAINS . Reinforced concrete pipe shall be as specified on the drawings and In accordance with Section 207+2 of the Standard Specifications for Public Works Construction. Plastic pipe shall be Injection molded; rlgld; unplasticized ployvinyl cholrlde (PVC); NSF approved; of high tensile strenth, chemical resistance and Impact strength. Minimum pressure rating shall not be less than the working pressure for the schedule and size of pipe indicated on the drawings. Fittings and couplings Shall conform to ASTM D-2464, D-2466, or 0-2467 as appropriate. • Drain boxes shall be precast concrete drain boxes with cast iron grate and extenders as needed manufactured by Brooks, El Monte, CA, or approved equal, Installed as detailed on the drawings. Locations are approximate. Exact locations shall pe as requested by the Engineer. Drain box covers shall be from gray Iron castings conforming to ASTM A-48, Class 35. Castings shell be true to pattern In form and dimension, free from defects. . Covers shall bolt to concrete boxes. 30 SECTION 13 CONCRETE 13.01 GENERAL • Contractor shall prov Ida a I I Iabor, matey laIs, and equlpment to construct concrete facilities as shown on the drawings and specified herein. Compensation for concrete used In footings shall be considered as Included In the Contract price for each of the various Items of work Involved. Concrete shall consist of port land cement, fine aggregate (sand), coarse aggregate and water, proportioned and mixed to attain a twenty-eight (28) day compressive strength of at least 2,500 pounds per square Inch with a slump not to exceed three (3) Inches. Concrete shall not contain reactive aggregate or caIclum chloride. 13.02 MATERIALS Cement she I I be Ty pe I I I ow a I ka I I port I an d cement con form I ng to ASTM Cr-150. Cement shall be of the same brand and type used throughout the project. Sand shall cons(st of natural or manufactured gran uIa► material, tree of delete- rious amounts of organic material, mica, loam, clay, and other substances not suitable for portland cement concrete. Sand shall be thoroughly and uniformly washed. Coarse aggregate shall be composed of gravel or a blended mixture of crushed rock and gravel containing no more than fifty (50) percent of crushed rock particles i having all faces fractured and not less than twenty-five (25) percent of gravel. Aggregates shall not exceed a diameter of one and one-half 0 1/2) Inches. Blending shall produce a uniform, consistent percentage of each. Rock products shall be clean, hard, sound, durable, uniform In quality and free of any detrimen- tal quantity of soft, friable, thin, elongated or laminated pieces, disintegrated material, organic matter, oil, alkali or other deleterious substance. Coarse aggregate for resurfacing material shall be of the classification, pea rock. Water shall not contain deleterious substances or any amount of Impurities that w�l cause a changa In the time of setting. Water shal I not contain more than 1j0 parts per mllllon chlorides calculated nor 1000 parts per mll lion of sulfates calculated. The amount of water used In the mixture shall not exceed the amount necessary to permit material placement and consolidation. Total free water (the total water minus absorption by aggregate in a saturated surface -dry condition) sha)I not exceed an amount producing the maximum slump specified herein. 13.03 FORMS Forms shall be free of warp, set plumb and true to line and grade with upper edges flush with specified grade of finished surface of the constructed improvement, and not more than one-half (1/2) Inch less In depth than the specified thickness of the edge of the concrete to be placed. Wooden forms shall have a net thickness of at least one and one-half (1 1/2) Inches and shall be free of Imperfections which would Impair the strength for the use intended. Edges and ends shell be squarer Forms shall be secured by nallingg to side stakes of sufficient length and cross -sectional area to adequately rests} lateral displacement during placement of concrete, spaced not more than four (4) feet apart and driven Into the subgrade vertically to a depth not less than twelve (12) Inches, and so that the tops will be below the upper edge of the form. Forms shall be clean and shall receive a coat of fight oil Immediately prior to placing concrete. Benders of thin plank forms may be used on curves. Metal forms shall have sufficient rigidity to resist springing during placement of concrete. Forms sha I I be secured by means of metal stakes spaced not more than five (5) feet apart and designed so as to be driven below the top of the forms through openings, locking them Into position. M SECTION 13 CON CR ET E Forma shall be inspected prior to placing of concrete. The Engineer shall be notified twenty-four (24) hours prior to inspection. Forms shall remain In place for a minimum of twelve (12) hours after concrete has been placed. 13.04 REINFORCEMENT Reinforcement shall conform to the dimensions and details Shown on the drawings and sha I I be cleaned thoroughly of all rust, mil I scale, mortar, all, dirt, or coating of any character which would be likely to destroy or Impair Its proper bonding with the concrete. Reinforcing steel shall be Grade 40 or Grade 60 billet steel, conforming to ASTM A-615. Varying grades sha l I not be used Interchangeably In any one (1) slab or walk system. 'j wire mesh reinforcement shall conform to ASTM A-185. Gauge of wire and dimension of mesh shai I be as Indicated In the detal Is on the drawings and shal I be so constructed as to retain original shape and form during the necessary handling and placing of concrete. Wire mesh In walks shall not extend through expansion joint material. Reinforcement shall be accurately and securely positioned so that It wlII not be displaced by the placing of concrete. • 13.05 TRANSIT MIXES Mixing shall be commenced as soon as possible after the cement Is placed in contact with aggregates but in no event shall the intervening time period exceed theirty (30) minutes. Concrete mixers sha I I be of such design and construction and so operated as to provide thoroughly and properly mixed concrete In which Ingredients are uniformly distributed. Transit mixers shall be of the type, capacity and manner of operation of the mixing and transporting equipment for ready -mix concrete conforming to current "Standards for Operation of Truck Mixers and Agitators of the National Ready -Mixed Concrete Association" and the "Truck Mixer and Agitator Standards of the Truck Mixer and Agitator Standards of the Truck Mixer Manufacturer's Bureau." Mixing and delivery of ready -mixed concrete shall conform to ASTM C-94. Volume of mixing materials shall not exceed manufacturerts rated capactty of the mixer. Each mix shall be completely discharged and all wash water emptied before succeeding load Is placed In drum. Adequate control of ready -mixed concrete shall provide for additional water to be added and mixed into the batch at the project site Amount withhold shall not exceed two and one-half (2 1/2) gallons of water per cubic yard of mix. The total elapsed time between the addition of water and the batch plant and discharging at project site shall not exceed ninety (90) minutes. When requested, Contractor shall furnish the Engineer with a legible certified welghmaster's certificate stating the quantity of cement, water, fine and coarse aggregates, time of departure and discharge time for each batch delivered to the project site. 13.06 PLACING ODNCRETE Instal 1 embedded items, Including but not limited to, sleeves, anchor bolts or conduits, In their proper locations, secured against displacement, prior to pla- cing concrete. Concrete shall be placed on a compacted subgrade or subbase material, as indicated on the drawings, free of all loose and extraneous materlaI, suffIclent Iy dampened to ensure that no moisture will be absorbed from the fresh concrete. 32 [: SECTION 13 CON CR ET E Concrete shal I be deposited to the required depth over the entire width of the section, avoiding segregation or loss of Ingredients. Concrete shal I be thoroughly consol Idated In a manner that w( I I encase the reinforcement, fi I I the forms, and bring the surface true to grade and cross - Sect lon. Surface shall be free of any unevenness greater than one -eighth (1/B) Inch when checked with a ten- (10) toot straightedge placed on the surface. Straightedge shall be available on the project site for use by the Engineer. Concrete shall be distributed uniformly as it Is placed, and struck off and tamped by means of mechanical temper operated at right angles to the center IIne of the pav ement. Number of vibrators emp I oyed shall be sufficient to consolidate the concrete within fifteen (15) minutes after depositing, then floated to a smooth flat uniform surface. Equipment used shall not have any aluminum components coming Into direct contact with the concrete. 13.07 FINISHING Concrete surfaces sha I I be steel trowel led to a smooth, uniform finish. Formed edges shall be rounded to a radius of one-half (1/2) Inch. Edges at expansion ,joints shall be rounded to a radius of one -eight (1/8) Inch. Concrete finishes shall be as Indicated on the drawings. No advertising Impressions, stamp, or mark of any description wlII be permitted on surface of concrete. Concrete shall not be covered with plastic sheeting. 13.08 JOINTS Joints shall be constructed as shown on the drawings and in accordance with these specifications. Expansion ,Joints shall be as shown on the drawings and at corners, radius o(nts and at regular Intervals not to exceed twenty (20) feet on center. Such Jo nts Shall be filled with a pre -molded joint filler of a non -extruding, durable, bitu- minous resilient material conforming to ASTM D-1751. Joint filler shall be a minimum thickness of one -quarter (1/4) Inch and extend the full depth to within one -quarter (1/4) Inch of the finished surface, and sha I I be placed in correct position before concrete is placed against It. Holes or Joints in the fi I ler shall be filled with mastic. Expansion Joints shall be sealed with a polysulfide water -proof caulking. Control joint material shall be a T-shaped plastic strip at least one (1) Inch deep, having suitable anchorage to prevent vertical movement, and having a remov- able stiffener with a width of at least three-quarter (3/4) Inch. Edges sha II be finished to a radius of one-eightn (1/8) Inch with a slit jointer tool. Control joints she II be at IntervaIs not to exceed ten 0 0) feet. Saw cut Joints, where specified, shall be as shown on the drawings or at intervals not to exceed ten (10) feat on center, and sha I I be cut to a minimum depth of three-quarter (3/4) Inch and a width not to exceed one -quarter (1/4) Inch. 13.09 CURING Curing compound shall consist of a I(quid complying with ASTM P309, which when applied to fresh concrete by means of a spray gun, will form an Impervious mem- brane over the exposed surfaces of concrete. Curing compound shall be a blend of pure waxes and alkali -resistant pigments In a solvent emulsion, manufactured by L. M. Scofield, or approved equal. 33 • SECTION 13 CONCRETE Rate of application shall be such that the compound forms a continuous, unbroken . film. Curing shall commence as soon as free water Ieav as the surface but no later than three (3) hours following placement of concrete. Spraying equipment shall be of the fully atomizing type, equipped with a tank agitator of an approved type which provides for continual agitation of the com- pound during application. 13.10 REPAIRS AND REPLACEMENT Costs Incurred due to repair or replacement of defective or damaged work shall be the responsi b I I ty of the Contractor. 13.11 BACKFILLING Is BackfIIIing shall be in accordance with Section 10, Earthwork. IA a s 34 LI SE CT I ON 14 MISCELLANEOUS METAL 14.01 GENERAL Contractor shall provide all labor, materials, and equipment to furnish and In- stall miscellaneous metal Items as Indicated on the drawings and as specified herein. This Section goes not include reinforcing steel for concrete and masonry or Items required in connection with irrigation or electrical work. When requested by the Engineer, shop drawings shall be submitted In triplicate showing details, dimensions, sizes of materials and all Information and data necessary for fabrication of metal items. One (1) set will be returned to the Contractor. 14.02 WORKMANSHIP Workmanship and finish shall be equal to the best general practice In steel fabricating shops. The use of particular methods and equipment shall be subject to the approval of the Engineer. This approval shall not relieve the Contractor of the responsibility for the safety of such methods and equipment, or for carrying out the work In full accordance with the drawings and specifications. No fabr(catinq, machining, cutting, welding, assembling or painting shall be done without the Engineer's knowledge. Any work done otherwise will be subject to rejection. The acceptance of any material or finished member by the Engineer shall not preclude the possibility of subsequent rejection if found to be defective. Costs Incurred for replacement of rejected materials or workmanship shall be the respon- sibility of the Contractor. . When requested by the Engineer, prior to fabrication, contractor shall furnish a mill certlfled report containing the results of chemical and physical tests re- quired by the ASTM specifications for the materials being fabricated. Parts shall be accurately assembled as shown on the drawings. Materials shall be carefully handled to avoid damage. Hammering which wlII Injure or distort members shall not be permitted. Portions of work exposed to view shall be finished neatly. Shearing, flame cut- ting and chipping shall be done carefully and accurately. All sharp corners and edges that are marred, cut or roughened during erection shall be slightly rounded by grinding or other means satisfactory to the Engineer. 14.03 WELDING Welding, welder qualification and Inspection of welding operations shall conform . to the requirements of the American Welding Society and these specifications. Field welds sha l I be cleaned and treated with a col d-ga l van l zed compound. 14.04 MATERIALS All materials, prior to fabrication, shall be thoroughly wire brushed and cleaned of all scale and rust. Finished members shall be free from twists, bends or open ` joints. MIsceIIaneou$ metal Items shall conform to the dimensions and details as shown on the drawings. Steel bars, plates and shapes shall conform to ASTM A-36. Rolling and cutting tolerances, permissible variations In weight and dimensions, defects and imperfections shall not exceed limits contained In ASTM A-6. 35 a SECTION 14 MISCELLANEOUS M_TA_ 14.05 BOLTS, NUTS AND FASTENERS r Bolts, nuts and fasteners shall be as specified in the details on the drawings, conforming to ASTM A-307. Bolts shall be long enough to extend entirely through the nut but not more than on" uarter (1/4) Inch beyond. Unless otherwise specified on the drawings, was- hers shall not be furnished. ` Holes shal I be either punched ful I size, dri I led ful I size, or sub -punched and reamed. Finish holes steal I be cyl Indrical, perpendicular to the plane of the connection and one -sixteenth (1/16) inch larger than the nominal diameter of the bolt; free of burrs, fins, sharp edges and hole Irregularities which would prevent solid seating of the parts. Anchor bolts shall be carefully installed to permit true positioning of the . bearing assemollas. 14.06 GALVANIZING Galvanizing shall be performed after fabrication and prior to assembling component parts. Fabrication shal i include al I operations such as shearing, cutting, Punching, forming, drilling, milling, bending, welding and riveting. Zinc used for galvanizing shall be grade Prime Western conforming to ASTM B-6. Materials shall be galvanized by the hot -dip method or electrodepos(ting process. Minimum weight of coating shall conform to ASTM A-123 for steel bars, plates and shapes, and ASTM A-153 for bolts and screws. Zinc coating shall adhere tenaciously to the surface of the base metal, free from blisters and excess zinc. Coating shall be even, smooth and uniform throughout. Galvanized surfaces that are abraded or damaged after zinc coating appl(catlon shall be thoroughly stripped and cleaned by wire brushing to remove all traces of welding flux and loose or cracked coating. The cleaned area shall be repaired by coating of "galval loy", or approved equal, or of a zinc coating applled by the hot -dip process, or painted with two (2) coats of zinc oxide -zinc dust primer properly compounded with a suitable vehicle In the ratio of one (1) part zinc oxide to four (4) parts zinc dust by weight. Finish coat to match existing finish. Method of repairing damaged areas shall oe as approved by the Engineer. 14.07 PAYMENT No separate payment wlII be made of any work performed related to miscellaneous metals. Compensaton wl I I be considered as Included in the prices bid for the various Items of work included. r r 36 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 28, 1987 Cal -Ex Engineering Company 14980 San Fernando Road Sylmar, California RC: ConEjtruction of Marcus MaCallem Park , Project CC- 544 Enclosed is ya3ur bid band, a copy cif the executed contract with the City of Huntington Beach, a Certificate of Compliance form and the . Declaration of Satisfaction of Claims. The Certificate of Compliance form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT 15 COMPLETE BUT PRIOR TO THE _RELEASE OF RETEN11ON FUNDS. In addition, the following item must also be on file, with this office, before the City can release any retention funds: A N arranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific t+,ording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questio:--s or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441. e24-94-6. Al. Al icia M. Went-i�,orth City Clerk A h1L^ j s cc: Don Noble, Public Works Dept. Enclosures: laid !pond Cash Cnntract Cc-�rt. i f i cate of Comp.l i ance Declaration of Satisfaction of' Claims (Telaphone: 714-536.5277 ) WD BOND PRIVATE WORK FAIRMONT INSURANCE COMPANY Burbank, California For Use With The American Institute of Architects Contract Proposals KNOW ALL MEN BY THESE PRESENTS, That we, CALEX ENGINEERING CO., 19480 SanFerando Road, Sylmar, CA 91342 as Principal, hereinafter called the Principal, and FAIRMONT INSURANCE COMPANY, a corporation duty organized under the laws of the State of California, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF H U N T I N G T 0 N BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID Dollars -_10 %'), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MARCUS MC CALLEN PARK 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 bid- ding 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 Prin- cipal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this 18 t h day of November , 19 8 6 Witness Witness CALEX ENGINEERING CO. (Seal) Principal f Title (AIRMO INSURANiCEiCO PANY ri By �Gr Kathleen D. d o n e 6 Attorney -in -Fact PARTNERSHIP ACKNOWLEDGMENT State of CALIFORNIA SS. County of LOS ANGELES �;:;�,,• r— OFFICIAL f ¢ �• KATi•ILC fJ "'C' .-it Notrly �r LOS ANGELEt; COtl:ITY ' FAY Comm. Exp, July 2©, 1189 I� 7130 122 NO. 203 On this the 13 day of NOVEIMBER KATHLEEN ENGBRECHT the undersigned Notary Public, personally appeared JULf E A. THOMAS 19 86, before me, X' personally known to me proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNE S my hand and official seal. STATE OF CALIFORNIA ss. COUNTY OF Los -Angeles e�aarraaaTeauuuul;u;llmr:IIIIRII•aG;lu;n,Imnuca,Ix,Nrmn:lrurxaumaxlmxax:r,!u CFI=ICIAI_ SEAL PLOT: r - t^!':'_s1 1. SAUNDiFR' 5. x.., ;'•' 1( ''��::. .. I,a _ .� LOS ANGEL4S COUNTY ?,'y Commission Expires October 14. 1968. ;url�lsm�lu;n::wa+agars„u:.ln�lal:+lu:�llan:aawr„,Ins,,�l,nr_u:u:�larlru,l.ulll:a:: _ ACKN0WLE0GMEN'—Altorney-in-Fac1-61an+ Co--wolcolts Four d'6CA—Re: 5-e2 91982 WOLCOTTS. INC. IDnce class 11-21 s Signature NATIONAL NOTARY ASSOCIATION • 23M2 Ventura Blva • P.O. Bak 4625 • W000tand Hills. GA 91364 On this 18th day of November , in the year 19--EL before me. the undersigned. a Notary Public In and for said State. personally appeared K a t h 1 P_ P_ n L Jones . personally known to me (lfrXt>t(a�9d7i0(d40(dDkltC>�ytsa57�3C93I(stpC;t(J(i>a(rpC�¢ to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of Fairmo-nt Iqsurs�nct= company_ and acknowledged to me that --Sie subscribed tDte7tlaQ+] )C __ _ ttYetQ)bAXNiXcYP 1XX1h er_ -_ own name as Attorney -in -Fact. WrTNESS my nand and official seal Notary K4bffc in and for said State. DECLARATION OF SATISFACTION OF CLAIMS I, , state: Name of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled and dated 2. All workers and persons employed, all firms supplying .materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of 19 Signature of Contractor City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Tit e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice o-r trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title CITY FUNDED PUBLIC WORKS CON`i' CITY OF HUNTINGTON BEACH AND CAL/E ETWEEN THE NEERING COMPANY THIS AGREEMENT is made and entered into on this ff day of , 19V, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and CAL/EX ENGINEERING COMPANY, a partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of storm drain facilities and on -site grading - Phase I of Marcus McCallen Park, located between Delaware and Huntington Streets south of Yorktown Avenue, in the City of Huntington Beach, and, CONTRACTOR �.as been selected and is to perforri said work; NO',:, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF `k:ORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all laoor, plant, tools, equipment, supplies, transportation, utilities and all otner 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 unforseen difficulties which may arise or be encountered 1. in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, ana 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 oasis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sreet(s). i. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPE:C7r iCATIONS CONTRACTOR acknowledges that it is fully familiar with ail the termis, conditions and ooligatlons of this Agreement and the Contract Documents (as hereinafter defined), the location of the job sire, ana the conditions under which the worK is to oe pertormed, and that it enters into this Agree:ilent based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. I4 is agreed that the Contract Docarr.ents are incorporated into this Agreement by this reference, with the same force and effect as if the sane were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound ny said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. z. "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 chose 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 1985 edition of Standard Specifications for Public Works Construction, pualished by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and r-ne Soutnern California DiScrict Associated General Contractors of tce California Joint Cooperative Committee; E. Bid documents including the 4'otice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifica- tions, 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 3. 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 fall compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of two hundred eighty-eight thousana three hundred and ten dollars ($266,310), as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceea is issued and shall 17) diii5ently prosecute PROJECT to completion within p Ca.! f Ex () calendar days from the day the 'Notice to Proceed" t►cd14�l.Sc is issued oy Department of Public Works, exciuding delays provided for in Section 11 herein. 5. TIME Or 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. 4. 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 Section 4 herein. CI7Y 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 ;de 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 aahere 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. 5. 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 negotiatea 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 oe adjusted upward or downward accordingly. 7, NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a [notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issuea. 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 cue to such. unavailability. �. BONDS CONNTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the worK and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, M. and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under tnis Agreement including, but not limited to, any workmanship, installation, faorication, 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 perioa, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROjECT. ll. 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 7. working/calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the suit of three hundred dollars ($300) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation For the foreseeable losses CITY would sustain in the event of and by 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 co,.pletion of the work due zo unforseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restrictea to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to sucn 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 M the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of nays the uGNTRACTOR has thus oeen delayed, out no allowance or extension sr:all oe ;jade 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: 9. (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 Sob site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension NU 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 provi- sions of this Section. The DPW may, at its sole discretion, 10. 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 t::e value tnereof. rrorr; each progress estimate, ten percent (i0%) 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 DP4d, faithfully executed fifty percent (50%) or r,nore of the value of the work as determined from t-e bid schedule, and if the DPW finas that satisfactory progress has been and is being made, the CONTRACTOR may cue paid such sure 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 11. 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 small be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. 4JITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense or 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 Section 13 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 12. 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 oat of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to defend, indemnify and hold harmless CITY, its officers, employees and servants from any and all loss, damage, cost, expense, liability, claims, demands or judgments arising directly or indirectly out of the work, pro- ject, event or other purpose for which tr.e accompanying certifi- cate of insurance is provided, regardless of the active or passive nature of any negligence oy CITY except when such lia- oility arises from the sole negligence or wrongful misconduct of CITY. This agreement extends to cover the actions and omissions of third parties as well as those of CONTRACTOR and CITY. The legal defense requirec oy this agreement shall be provided upon request by CITY and at the sole expense of CONTRAC'-CR. Any costs of defense or attorneys' fees incurred by CITY in enforcing this agreement shall be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 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 13. it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensa- tion Insurance in an amount of not less than One -hundred Thousand Dollars (Wo,00G), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision chat the insurer shall notify CITY at least thirty (30) days prior to any cancellation ormodification of said insurance policy; and CONTRACTOR shall notify CITY ay least thirty (30) days prior to any cancellation or ,n;odifica;.ion of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section is of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of t e 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, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, under- 14. written 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, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than one million dollars ($1,000,0000) combined single limit coverage. CONTRACTOR shall require its insurer to waive its suorogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or aelivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; 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 will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY oy CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand 15. the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agree.ment. Unless the violation is cured within ten (10) days after suc:: 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 t:nis Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs front the progress payments t'ien or to become due to CONTRACTOR. 22. 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. lb. 23. 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. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections iG90 et seq. 25. ATTORNEY'S FEES If any action of law or in equity oecomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or cy reason of which CITY incurs expenses, CITY small be entitled to reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($log) for every Stop 17. Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES Ail 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. 27. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shalt in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (REST Or PAGE NOT USED) 28. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CAL/EX ENGINEERI CO. l Mike Ne son, P esident Julie A. Thomas, Sec/Treas. ATTEST: C eel, City Clerk Z f 7 REVIEWED AND APPROVED: City A nistrat r 1793L CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: r l f' C'- V xttorne�yf JIB _/b INITIATED AND APPROVED: •.� Director of Public Works 19. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: Tnat we, /. � '� �' - Mil '�'�i4.i`;�y �..•.Z� as principal, and .� - �� tea• Sur y, are a an rm y ound unto he I Y HUN .I NBEACH,Orange County, State ~ of Cal Itornia, In the sun of - ~: _� bol lets lawful money of the United States, for the payment of" which sum, we I I and tru I y to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said principal has been awarded and is about to enter Into the annexed contract with the City of Huntington Beach, County of Orange, State of Cal I forni a, and IS required by said City to give this bond In connection with the execution of said contract; NOW, THEREFORE, if the said pr i nci pa I as contractor In said contract, or subcontractor, falls to pay for any materlaIs, provisions, provender or for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said surety wiII pay the same in an amount not exceeding the sum set forth above, and also In case suit Is brought upon this bona a reasonable attorneys tee to be f I xed by the court. ThI s bond Is executed pursuant to the provisions of Chapter 3 of Division 5, Title 1, Government Code of the State of Callfornla, and steal I Inure to the benefit of any and al I persons entitled to the claims under Art Ic I e 2 of Chapter 2, of Tit I e 4, or Part 3 of the Code of Cl v I l Procedure of California as now or hereafter amended. No premature payment by said County to said principal shall exonerate any surety unless the City Council of said City snail have actua I notice that such payment Is premature at the time It Is ordered by said Cl ty Council, and then only to the extent that such payment She iI result In loss to such Surety, but In no event more than the amount of such premature payment. WITNESS our hands this _ Y day of _ = , 19 Principai Surat;, , 1 ss. Beach day of , 19 , before me a Notary Public In and for said County and y appeared known to be to be the person within Instrument on behalf of the corporation therein named and acknow- t such corporation executed the same. C-18 IL FAITHFUL PERFORMANCE BOND 'A Y -r KNOW ALL MEN BY THESE PRESENTS: �J� �011 That we i• "� G�r •:^ i F'Y _ - X� as principal, afro T `� JL ` surety, are held and firmly bound unto the CITY OF HUNT INGTON BEAOr, ORANGE r`YV n the sum of - i — _, _ _f f i ars` (S . - ..' ), lawful money of the United States, for the payment of ' which sum, we I l and truly to be made, we bind ourselves, ,Jointly and severally, firmly by these presents. The condition of the foregoing obligation Is such that whereas said principal has been awarded and is about to enter Into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and Is required by said City to give this bond In connection with the execution of said contract, NOw, THEREFORE, If the said principal shall sell and truly do and perform all of the covenants and obligations as said contract on specified therein, then this obligation shal I be nu I I and void, otherwise It shal I be and remain In ful I force and effect. No premature payment by safd City to said principal shall exonerate any surety unless the City Council of said City shall have actual notice that such payment is premature at the time It Is ordered by said City Council, and then only to the extent that such payment shal I result In loss to such surety, put In no event more than the amount of such premature payment. WITNESS our hands this day of 19 Principal I i I Surety II A, Beach day of _ , 19 , before me , a Notary Public In and for said County and appeared known to be to be the person Ithln Instrument on behalf of the corporation therein named and acknow- such corporation executed the same. 0-17 It1.1'k-RNT(l: T CERTIFICATE OF INSURANCE Approved n to Form: i .rtv ur Jlurttinriau Brach TO Gdl HAmon. Chy Atto ney I,rc..0 Rr,,.tlifr:r CITY OF HUNTINGTON BEACH. CALIFORNIA 1'. 4). N.n 190 II„ntinoon Beach. CA 94646 A MUNfCIPAL CORPORATION This is to certify that the policies of insurance a described below have been issued to the Insured b1r the uttdaralgtted and an In force at this tirm. If these policies are ttincailed or elm l0ad in ouch a manner that will affect this certificate, the insurance company agrees to pin j0 den prier written notice, by nail, to City of Huntington Beach, P. 0. Born 711. Huntington Beady Csfifornia•92M. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Intruad CALEX ENGINEERING CO. AddranofInsured ,149§ Slane Fernando Road, Sylmar, CA 91342 Location of Work er Opp etlens to be low lain n of_Marcus M c C a l l e n Park, Dow, ption of Work or Operstierr C i n e LIMITS OF LIABILITY NAME OF COMPANY J Expiration POLICIES IN FORCE POLICY NO. In T%Guu ads 10001 I1a18.) 9ENERALL.IAhIL}TY P 093512 2/1/86 2%W-&I-' Constitution IXl COMPREHENSIVE FORM 11000 State Ins. Co. 8 CIL am* Oaa ursine I H PREMISES — OPERATIONI i EXPLOSION AND COLLAPSE HAZARD IX I UNDERGROUND HAZARD Dri PRODUCTS COMPLETED OPERATIONS HAZARD (XI CONTRACTUAL INSURANCE IXI BROAD FORM PROPERTY DAMAGE IXI INDEPENDENT CONTRACTORS IXI PERSONAL INJURY AUTOMOBILE LIABILITY BA8235451 2/1186 21/1r/87- Safeto Insurance IXI COMPREHENSIVE FORM Company of Amerc 8 1,000 CSL IXI OWNED Each Oawrwm IX I HIRED 11 NON -OWNED EXCESS LIABILITY 11 UMBRELLA FORM 8 11 OTHER THAN UMBRELLA FORM wonstERE'coM►ENfATIOa1 27 93 57 1 / 1 /87 --2/•Is/87 Employee Bene i 1 .red I Insurance Co. EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Batch and its City Council, and/or all City Council appointed groups, committees. Commissions, boards end any other City Council appointed body, andlor elective and appointive officers, servants or employees of the City of Huntington Batch, when acting as such Iris additional Insureds hereunder, for the acts of the Insured, and such insurance shall he primary to any insurance of the City of Huntington Beach, as their Interest may appear. one Januar 13 1987 INBIll1A11111ir.f COMPANY _LE E 0 V E R Abner is AUTHORiYpp REMtESENTATIYE OF f— OUNCE COMPANY _ Address Ti tor(Ag to., 3409 Temple Street Los AnajggL,CA _ 90026 213-385-8494 HOLD HARMLESS AGRUMENT (to be eBeOYMtI by Insured) The insured • agrees M pooteat, rahnd, Indarnnbfy, awe, and held harsh s the City of Huntington oHlcon, agents, and employee agakrat ply 111"11 lop, da y,suits. Beech its danends. Judignme and era m@ of action olwead Insured, his ens • or price o by reason of any and all liability. wits. arising � ploYaM, apanta a any wboontrslotor or by any third party arising out of or in aonsagswnea of the pMamanaa of all Dr -any op melons or activity for whlah this ce tifiate of insurance is furnished. {11 Sole Proprietorship 421 Pertimof 1p ./ 13}'Co►poratibn (4) Dow fltatel HOLD HARMLE88810NEO, By Innwed: Tine f �Ei7[dCF fAII name andl bar printed or typed below each arloratan.) By IrMrrQt ''_ r , r f It, T11b 1';". i I:ER •'CAE AL.P Qt bA6S IT Carperwlerr. TWO OMesre cress reps, e► prase eAissaeA[ autAertaatlo,t w clad ONparwlon. -- 1tI It H1'1'I1; CERTIFICATE OF INSURANCE Approved a to Fern: ' w of Jhinlingten Brach TO GWI Konen,CMY Attorney 1n;. R Rr,it.Office CITY OF HUNTING'TON BEACH, CALIFORNIA 1'. t i. 11„t 190 I Iuntingtnn Ifrarh, CA 92648 A MUNICIPAL CORPORATION Ely;'-- Thn is to certity that tM Pollak@ of irtpaanoe M datarlbed below have bean Isaned to the insured by the und-n1grted and are In force et this time. 11 then Polleias are oWAMbd of ehalBed In such a manner that will afhet this certifloete, the insurance company agrees to pra3p dM prior written notice, by stall. to City of Huntington Beach, P. 0. Bolt 711. Huntington Beach. California-9264B. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured CALEX ENGINEERING CO. Address ofInoured 149 8,6 'Sa a Fernando Road, Sylmar, CA 91342 Location of Work ar Operstlorm to be pattonesd f Marcus M c C a 1 I e n Park, Desarlption of wok or Operatlar POLICY LIMITS OF LIABILITY NAME OF COMPANY Ertesgw E:pir"Im POLICIES IN FORCE POLICY NO. In Thousands 10001 . IINS.1 GENERAL LIABILITY Constitution P 093512 2/1/$6 2/1/87 State Ins. Co. 1XI COMPREHENSIVE FORM 1,000 , ryL g@h OppMMp I H PREMISES — OPERATIONS I A IXPLOSION AND COLLAPSE HAZARD Ix1 UNDERGROUND HAZARD IX) PRODUCTSCOMPLETSD OPERATIONS HAZARt) Ixl CONTRACTUAL INSURANCE Ixl BROAD FORM PROPERTY DAMAGE [xi INDEPENDENT CONTRACTORS (XI PERSONAL INJURY AVTOMOBILELIABILITy BA8235451 2/l/86 2/1/87 Safeco Insurance 1XI COMPREHENSIVE PONM Company of A mere S 1.000 CSL IX1 OWNED Each Go.rrrt.. 1x1 HIREO I I NON -OWNED EXCEN LIABILITY It UMBRELLA FORM S It OTHER THAN UMBRELLA FORM wone:sRB'COMPENSATION 27 93 57 l/1/87 2/1/87 Emp oyee Benefit er'd Insurance Co. EMPLOYERS' LIABILITY Additional Insured Endorsentant: The insurer apses that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive off icert, servents or employe@ of the City of Huntington Basch, when acting at such are addltlonal Irtturadt hereunder, for the sett of tha Insured, and such Insurance $hall be primary to any insurance of the City of Huntington Beach, as their Interest may appear. ONO January 13 1987 INSURANCE COMPANY SEE OVER Nam Addreet .. City AUTHO RBPRE A OF I E COMPANY 7iPta o., 3409 Temple Street ant, , Las Anglegg,,_CA 90026 Ta"bh 213-385-8494 HOLD HARMLESS AGRIEEMENT The insured • 'IBa be exeotretd by k"red) The ins, sI)entt, and —.Wm M PnIft", 11,11 , indenMlfy, $ere, and hold harmlass the City of Huntington Beach its amol4v apblet any Iiabillty, loss, 11111801, coat, or expense by reason of any and all liability. suits. claims, dsmatdt, IudEmanq and canoes of NOW ntsrssd by Insured, hit amploym, ap ne or any suboontrwilw or by any third party arising cut of or in eameglrattae OR the pertaeR$alloe of all/br any operations or rley far which thiseertifiosM of insurance it tumfahsd. 411 Sole Prnpitto"hip 121 P0raw itiq' �.(31 r ora�bl` ' 141 Other (state) BY HOLD HARMLESS SIGNSOr IMweaf, �C;_ PARTNER IAII rem@ OWI be pruned w tVpW b+ro. eedt alPattaa.l dY I rI pAnTl-.'ER If CttM'arMn. T1tW G/Rwia �41d �. K p7�1er pi/aw1a1! euthaNaetterr as Med taraaretleh. City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Kti ro3ect No. hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title r CIE A. THOMA� PARTNER s �a Foe; xi. I 1 ( V L t�. .3 r GAL/EX ENGINEERING JOINT VENTURE A GENERAL ENGINEERING CONTRACTOR Licence K 420i154A April 1, 1987 Is AFFIDAVIT OF SATISFACTION OF CLAIMS As per Section 16 of the contract, we hereby state that all workers and persons employeed, all firms supplying materials and all sub -contractors upon this project: Marcus Mc Callen Park, have been paid in full and there are no claims outstanding against this project for either labor or material. J T A. THOMAS Partner 01 'G ov 14980 SAN FERNA. DO ROAD, SYLMAR, CALIFORNIA 91342 • :8 81 367-'_>1" • (805) 2:54-1866 -� 2 / 9 / 8 7 ' .IJ�T=• ___-_L.-^y-L C?I-'..IC '_ �_� f. F: jI�- .5 _J � Jc ti.;`: Y-.. ......._� _ r it TlPTON &COMPANY µ- INSURANCE —SURETY BONDS 3409 TEMPLE STREET , .� r, , �r;,_, ,._ C_`,'JII=_AN!ES •at=s-r'•r�CI: IG C . , -A..GE LOS ANGELES, CALIFORNIA90026 (213) 385. 8494 ' -- - - - -_llino-is Insurance Exc_han_ge — r:=BS a eco Insurance Com an of America �•' Calex Engineering Co. 14980 San Fernando Road CEmp-lo-yee Benefits Insurance Company . Sylmar, CA 91342 �� Yf- - [•' ,,�f�.- .�'': .T.`,"tiY., �� ..C:--�-S�fiw ^_'_ .��- .;,�#,, •�,� ,rW,,1:c-c�..iws --..3• .v�.•. _ :i�s.�: J-✓'.-'Y..: s••d.•+�.i-} R'(,'.r THIS IS TO CERT:Fy THAT POLICIES OF'NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCVE =CR THE POLIC7 ?EPICDI`JDICATED. ' ° NCTNI"nSTANCI i`1G ANY ,R.ECUJR=_.MENT 7EFIM OR CCNCIT�CN Ct ANY C.^.NTRACT CR O' !ER DOCU!AENT'NITH RESPECT TS `NHIC.A THIS CER-!FiCATE MAY BE ;SSJ=r C R MAY PERTAIN. THE iNSL'RAriCE AFFGRCED 3Y THE PCL'CIES DESCRIBE HERE `J IS SUOJECT -O A,L'_ `HE 'E +MS- EXCLUSIC.NS. AND CONDI- ' �' fi,J T CNS 'DF SUC4 P^l_CES. �� = = r- -I^will"•' LI•' IN "� GUSaNDS J2 i Y - - - _ �- .vl . _ -�_ . �_ LA7-sl 1 - ----_- -- � .-.�.--�' '/'87 GENERAL LIABILITY D D LM1^O 9 5 $9 2'/ 1 ' / 1 / 88 _ PERSONAL ' c . B I AUTOMOBILE LIABILITY BA 8235451 2/ I/ 8 7 ! 2/ l/ 8 8 h °' t � J I I A j . cL .. % �P �U"%S 1?RiV - ..,, . I .Aij- �I�GIE^"I��C+i I I „ i Ll^` I jl 000 u tr EXCESS L!ABIL.TY I _ C WORKERS' COMPENSAT?ON 28 14 01 2 / 1 / 8 7 2 / 1 / 8 8 ' �'=; �'; va' t�} AND EMPLOYERS' LIABILJT'� j2 D00' - -_ 000 IOTHER —EEC=1PTfp�,--.,-E- -TIC-.5+'_C'�-i:�LS'._..,..___ �rEC���.-_S13 i_art.hidoriC, Site Clearing -Marcus hlcCal len ---i� =f As respects Policies DOL 09589^& BA 8235451 it is agreed City of Huntington Beach is additional'] for Huntington Named Insured. .,.,v.insured but only as respects work performed City of Beach by the - - - A City of Huntington Beach P. 0. Box 711 Huntington Beach, CA 92648 K�-iATTN MR. DON NOBLE S^CULC ANY CF THE ABOVE-ESCRIBEO ?CL`C:ES SE CANCE___O BEFORE THE °X- Jt� P'RA"C'J :)ATF_ --HEREOF THE 'SS-I�lG CCMPANY NIL_ ENDEAVOR Y bAA:L a D,1PS 'NRIT—EN ,OTICE T ",iE CE-RT'FIC:.TE _'.CLCE� `JAW: -^ Tn; I:LLRE . —f_-- 7-3 'JA 'dalL O___O.^=?Ge^cEeL"JGT• CY43.0 E6C- R_.ABIL; :NY :`O -E ZCdP�CrJY-yG:_:•" -�'*' 717 —aE-�-e -. sew+•: aaao..a� .�'FrKra' c Wit �, J. r Paul E. Cook Director CITY OF HUNTINGTON BEACH 2000 MAIN STREET March 27, 1987 Cal -Ex Engineering 14980 San Fernando Road Sylmar, CA Attn: Andy Loayza Dear Mr. Loayza: CALIFORNIA 92648 Public Works Department (714) 536-5431 Subject: Marcus McCallen Park; CC-544 In accordance with the release of retention funds, we are required to have on file the following documents: 1. An affidavit of satisfaction per section 16 or the contract. 2. A completed Certification of Compliance form (see attached). Please submit these items at your earliest convenience. Very truly yours, c�� ,tk�- Don Noble Contract Administrator DN:dw cc: Jack miller etty Tate CC File 544 "Gen. Correspondence" L*Aj, Re HUNTINGTON BWH To Betty Tate r i CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION n From Les Evans Subject Marcus McCallen Park - Phase Cne Date Mardi 27, 19877 As you know, the contract for the construction of Marcus McCallen Park, Phase One was terminated and therefore, a one-year maintenance bond is not required. We have however, requested the contractor to submit: 1.) An Affidavit of Satisfaction 2.) A Certificate of Carpliance LE: DFV: lw cc: ion Noble OZ rile 544 "Gen. Cbrresp." 0 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, nCipal, an SureTy, are neld and tirmiy bgund_unto the* IIYAt liu +.i1Vi1UN M'KU1, urenga LZUTITy,-aTaT of Cal IPornla in the sum of`�``Ou �"N" �9Do1 Tars ( i, lawful money of the United States, for the payment of which sum, we I and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation Is such that whereas said principal has been awarded and Is about to enter Into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and Is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if the said principal as contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act With respect to such work or labor, said surety will pay the same In an amount not Axceeding the sum set forth above, and also In case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court. This bond is executed pursuant to the provisions of Chapter 3 of Division 5, Title 1, Government Code of the State of California, and shal l inure to the benefit of any and al I persons entitled to file claims under Art i c I e 2 of Chapter 2, of T1 t I e 4, or Part 3 of the Code of CI v I I Procedure of California as now or hereafter amended. No premature payment by said County to said principal Shal I exonerate any surety unless the City Council of said City shal I have Actual notice that such payment Is premature at the time it is ordered by said City Council, and then only to the extent that such payment shall result In loss to such Surety, but in no event more than the amount of such premature payment. WITNESS our hands this STATE OF CALIFORNIA, County of Orange City of Huntington Beach On this day of _ , 19 , before me e Notary Public In and for said County and tate, personally appeared known to .be to be the person who executed the within Instrument on behalf of the corporation therein named and acknow— ledged to me that such corporation executed the same. Cr 18 n S Oy e.,5 Gi U J STATE OF CALIFORNIA ss. COUNTY OF L o s Angeles ee IRsmmoex Ca II!II rIi Ir�Clri:n:lxq ll:l , m 1 rmlIPl 9!!11111;!1111;IRMIRCH (: �•�._!A1 SEAL a ..4� � � h1 ! 1 �li.TERS 14 M-e "Omr^i,,ria~ F-Pi;es octobA-r-111, >,988 w pppn'J,'.eJ.,l:4a4:��=.':,iC�-li:wl[llll[ •I�: .,:I �II'r li IIS!I� II:L:II!'�}�,:II.;I II P�': .I: I,;I�:,IIli:(F ACHNOWLECGVEN'—AltemeV-inFac:—Blank Co —'INO:coll5 Farrr• 210CA—Aev. 5-82 iE19a2 +NU'-COTTS_ 19C 1Ance class B-21 -- - - PARTNERSHIP ACKNOWLEDGMENT State of CALIFORNIA SS. County of LOS ANGELF_S OFFICIAL SF AA' ' KATHLEEN ENOB91-vr7 Notary PL'SIic_, ;:f• ;n:T ; LOS AIvGFLi 5 :.CU:J`1Y �A * My Comm. Exp. July 26. 1-33 I On this 13 t h day of January , in the year 19..E before me. the undersigned, a Notary Punlic in and for said State. personally appeared Kathleen D. Jones , personaily known to me NO<lyd4&XlX XX grlXlffBKAd4s4 XANa' WN *JfAXLX) to he the person whose name is subscribed to the within instrument as the Attorney-ir.-Fact of Fairmont Insurance Company_ and acknowledged 10 me that —She subscribed)0 XA661X 41SAoYo 4 6rrAI4M N h e r own name as Attorney -in -Fact. WITNESS my hand and official sea Nola uh is In and for said State On this the 15 day of JANUARY KATHLEEN ENGBRECHT the undersigned Notary Public, personally appeared JULIE A. THOIN!AS 19 8 7� , before me, XX_X personally known to me 1.-.1 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. W1TNE:SS my hand and official seal. Notary's Signature NO. 203 7130122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • PO- Box 4525 • Woodland Mills, GA 813B4 • FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, as principal, surety, are held and firmly bound unto the CITY OF HUNT I NGTON BEAO-#' ORAt9E' the sum of ~r ' r?r .r fTY II ars�� ( gSIO, W), lawful money ol the Un aed States, for the payment of which sum, we l I and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation Is such that whereas said principal has been awarded and Is about to enter Into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and Is required by said City to give this bond In connection with the execution of said contract; NOW, THEREFORE, if the said principal shall sell and truly do and perform all of the covenants and obligations as said contract on specified therein, then this obligation shall be null and void, otherwise It shall be and remain in full force and effect, No premature payment by said City to said principal shall exonerate any surety unless the Clty CounciI of said Clty shaII have actual notice that such payment Is premature at the time it is ordered by said Clty Council, and then only to the extent that such payment sha I I resu It In I oss to such surety, but In no event more than the amount of such premature payment. WITNESS our hands this day of r r s �9 U 19;7z_ Principal _ Surety STATE OF CALIFORNIA, ) ss. County of Orange City of Huntington Beach on this day of _, before me , a Notary Public In and for said County and State, personally appeared+ known to be to be the person who executed the within Instrument on behalf of the corporation therein named and acknow- ledged to me that such corporation executed the same. 0-17 PARTNERSHIP ACKNOWLEDGMENT State of (;ALI FOR NIA. County of LOS ANGELES SS. ,. OFFICIAL /' SEA! t1 '� KA T HLEEN' Etw'' NC1'zr, FL: ` LOS ..r:GE'LLS Gr��:: �`f �z V. My Comm. Exp. July 26, 1939 7730 122 NO. 203 On this the 15 day of JANUARY 19- ..Z, before me, KATHLEEN ENGBRECHT the undersigned Notary Public, personally appeared JULIE A. THOMAS X f4X personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. s Signature NATIONAL NOTARY ASSOCIATION • 23M2 VBMum Blvd. • R.O- Box 44525 - Wmdlarl6 "Ills. CA'AIM& STATE OF CALIFORNIA ss. COUNTY OF `L s Angeles --....... QFE:CIAL SEAL S AL„i1E!'S r-.-OTA, . s l iy Dint' Iriil�il Expires October 14. 1988 ACKNOWLEDGMENT —ANamay.-n- Fact »Blank Co.—Watwtts Form 218CA—Rev. 5.82 ._ G82 *3_ZOT'5- IBC jor¢eclass B.2) On this 13 t h day of January , in the year 19— 7 before me, the undersigned, a Notary Public in ano for said State, personally appeared Kathleen D. Jones . personalty known to me t�fXpc6�id�t�?(o�41XtleXo�s'GsXaX�ad4sxal�r�vldKr� to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of Fairmont Insurance Comoany and acknowledged to me that She subscribed-N-4 XX X tXeiteA*1k*MV.Q414 h er own name as Attorney -in -Fact. WITNESS my hand and otficia! seal' Notary a;ic -n anc for said State CERTIFICATE OF INSURANCE Approved as to Form: Gall Hutton, City Attome y !i F"I'lH� 'ills i "Ay 4jinnlington Brach lu . ,C Bell. Office. C. I. it,.Y 190 I hintingotnn New-h. CA 92648 TO OF HUNTINGTON REACH, CALL NIA A MUNICIPAL CORPORATION This is to certify that the policies of insurance as dowiibod below have bean issued to the insured by tho undersigned and are In force at this time. if thew policies are canceled or chettpad In such a manner that will affect this certifloate, the insurance company agrees Io give 34 d s prior written notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, Cattfornia-92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. No"* of Insured CALEX ENGINEERING CO. pddressofInsured 149 S'an Fernando Road, Sylmar, CA 91342 Location of work or Operations to baperforsnad r t n of Marcus M c C a l l e n Park,----- Description of Work or Operations Earthwork. Site Clearing, E t c. LIMITS OF LIABILITY NAME OF COMPANY E"out ra Ev*fa IDn POLICIES IN FORCE POLICY NO. to Thousands 10001 IINS.I GENERAL LIABILITY P 093512 2/1/$6 2/1I$7 Constitution ( X1 COMPREHENSIVE FORM 1 0 0 0 State Ins. Co.4 , CBL 1 )q PREMISES — OPERATIONS l<aut pogsr I A .EXPLOSION AND COLLAPSE HAZARD IXI UNDERGROUND HAZARD IXI PRODUCTS COMPLETED OPERATIONS HAZARD IXI CONTRACTUAL INSURANCE IXI BROAD FORM PROPERTY VAMAGE IXI INDEPENDENT CONTRACTORS IXI PERSONAL INJURY AUTOMOBILE LIABILITY BA8235451 2/1/86 2/1/87 Safeco InsurancE IX) COMPREHENSIVE FORM Company of A mere S„ 1 .0 0 0 CSL IX I OWNED Each Ooaureltae IXI HIRED { 1 NON -OWNED EXCESS LIABILITY 11 UMBRELLA FORM = 11 OTHER THAN UMBRELLA FORM wORitEns. CoMPENSATION 27 93 57 1 / 1 /87 2/ 1 /87 Employee Benefit and Insurance Co. EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach-, when acting as such are additional Insureds hereunder, for the acts of the Insured, and such Insurance shall be primary to any insurance of the City of Huntington Beach, as their Interest may appear. Januar_y 13 1987 SEE OVER AUTHogiz�rg ttarltEWt A oP I NCE COMtANV INSURANCE CQai1PANV �,. ByIr - ree-C Ars'l,04V Nome Address Tipto 07 3409 Temple Street Adana c, Lns Anajggs, CA 90026 City I Twenhone 213-385-8494 HOLD HARMLESS AGAEMENT 'Ito be executed by Insured) The imured • ,aprI to protect, "nd, Indemnify, sava, and hold harmless the City of Huntington Brach its off icon, agents, aid all plaV agalmt arty Ilabillty, ions, damage, past. or expense by reason of any and sit Ilabillty, suits, claims, demands, judgments and oauees of Ration ONMW by Insured, his employees, apene or any suboontraator or by any third party arising out of or in oonar pmw of the pwformertrs of WI/or any operations or WOVIty for which this tee IRIG to of Insurance is furnished. •f1! Sole Proprietorship (21 Perhumlp� (3) rpor (4) Other tstabl HOLD HARMLESS SIONECt By insunrd: �� %.� / PARTNER (All namn,Hell bo printed or typed b.+o.r.seh sienatun.) By lrrus~dl �t! . ' The PART14ER [�FI�►a`I� gas I r Gerpo..ti0r,, TtKO ONtoars naps a1 ft, er pwaat a.�anee�etsahorta�ols so bbd Capareport. Insurance Companies General Liability: Constitution State Insurance Company Address: c/o Western Security Surplus Insurance Service 350 W. Colorado Blvd. Suite 210 Pasadena, CA 91105 Business Auto: Safeco Insurance Company of America Address: P. 0. Box 9011 Van'Nuys, CA 91409 Workers'.Compensation: Employee.Benefits Insurance Company Address: P. 0. Box 2904 Toluca Lake, CA 91602-2904 r r T >