HomeMy WebLinkAboutCC-845 - CC-1015 - Rejection of Bids - 1995-04-17PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
1 am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested' in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
FUB
newspaper of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
Foy
~ 1
California, and that attached Notice is a
Notice
CeaVed I
true and complete copy as was printed
of9he
and published in the Huntington Beach
Hall, g
and Fountain Valley issues of said
92648, -1
2:00 PM:
newspaper to wit the issue(s) of:
at which
opened
June 15, 1995
June 22, 1995
June 29, 1995
I declare, under penal y of perjury, that
the foregoing is true and correct.
Executed on June 29, 1995
at Costa Mesa, California.
Signature
id
given
be re -
'it is made on a
hed by -the City,
on Beach, De-
f Public Works,
s,ln accordance
•ovlslons of the
quirements.
for must be II-
I also prequall-
ked by law..
Council of the
ntington Beach
s ,right to reject
CIS. .
f the City Coun-
Yry 'Huntington
forma, the 17th
o . Brockway,
of the City of
n Beach
(lain Street
seacn. �1995.
Published Huntington
A set of plans, specifics- , Beach -Fountain Valley In-
ons, and contract docu- dependent June 15, 22, 29,
rents may be obtained taming June.15,1995 at063-561
I'Hall, Department of
lic Works upon receipt r
f a'non-refundable -fee of
25.00, sales tax Included,
picked up or $X00 if
called.
Each bid shall be made
n the Proposal Form pro {
ided in the contract docu-
cents, and shall be ac-,'l
ompanied by a certified or
ashlar's check or a bid
and for not less than 10%
ie payable to the
CityHuntington.Beach.r The
'tractor shall, in the per
nonce of the work and
rovements, conform to
Labor Code of ,,the'
to - of California- and
ar Laws of the State of
1'1fornia.:applicable
'eto, with the exception
r of suchvariations that>
F be required under the
cial statutes pursuant to
�h:proceedings hereun-
are taken and which
e: not been, superseded
the provisions of the .
shall be given only, n
manner provided by
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO:
Connie Brockway
CIO
City Clerk
,
m
FROM:
Bruce P. Crosby
a�
Civil Engineer Assistant
SUBJECT:
CC 845 and 1015 (17th St. and Michael Dr. Storm Drain)
r=
DATE:
August 14, 1995
Please return the bid bond to Robert G. Castongia, Inc. as this project has been put on hold for
lack of funding.
CITY OF HUNTINGTON BEACH
2 0 0 0 Main Street
Les M. Jones II
Director
August 14, 1995
Robert G. Castongia, Inc.
12323 1/2 Woodruff Ave.
Downey, Ca. 90241
P. O. B o x 1 9 0
Subject: 17th St. & Michael Dr. Storm Drain
CC 845 and 1015
Dear Mr. Castongia:
C a l i f o r n i a 9 2 6 4 8
Public Works Department
(714) 536-5431
12
ri
I
Due to recent circumstances beyond our control and directly related to the Orange County bankruptcy,
the City is rejecting all bids and putting the subject project on hold due to lack of funding. We apologize
for any inconvenience this may have caused you.
I will contact the City Clerk and have your bid bond returned to you.
If you have any questions, please contact me at 536-5247.
Sincerely,
��� 44/1
Bruce P. Crosby
Civil Engineer Assistant
cc: City Clerk
13908
s_,
Bid Bonds
17TI_ fREET & MICHAEL DRIVE Received .
STORM DRAIN Dated
July 18, 1995
2:00 PM
CC-845/1015
Engineer's Estimate: $250,000
BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
$
1.
Excel Paving
2.
American Underground Const.
3.
Long Beach Iron Works
4.
Construction Service Co.
5.
Byron L. Crume Inc.
6.
Savala Construction
7.
A10 41D
R& L Sewers
$
3 Z g
2
4
8.
Riverside Pipeline
9.
Buso Constructors
10.
Colich & Sons
11.
Robert G. Caston is Inc.
12.
Ken Thompson, Inc.
13.
Clarke Contracting
14.
CK Construction
15.
South Coast Boring
16.
Zaich Construction Inc.
17.
Norris -Re ke Inc.
18.
KEG Engineering
19.
Ma'ich Bros.
#12108 pg 2
SAFECO O
BID BOND
Conforms with The American Institute of Architects,
A.I.A. Document No. A-310
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 08185
BOND NO. 562 73 6.7
KNOW ALL BY THESE PRESENTS, That we, SAVALA CONSTR. CO.
as Principal, hereina;ter called the Principal,
and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the
laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee,
in the sum of TEN PERCENT OF THE TOTAL BID IN--------
-----------------------------
Dollars ($ 10% of Total Bid ), for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
CC-845 - 17TH STREET STORM DRAIN, PHASE IA
CC-1015 - MICHAEL DRIVE STORM DRAIN
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding oft
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 12th day of JULY 1 19 95.
BID DATE: JULY 18, 1995
Witness
Witness
SAV ONSTR. CO. (Seal)
Principal
Ile
Title
SAFECO INSU OF AMERICA
By
OW . RO Attorney -in -Fact
17-8030
>-54/EP 10/90
0 Registered trademark of SAFECO Corporation.
PRINTED IN U.S.A.
i
M
SAFECO
KNOW ALL BY THESE PRESENTS:
POWER
-OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No. 9164
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
NMNNNNNNNNMNNNNNNNNNNOWEN M. BROWN, Anaheim, CallforniaNNNNNNNNNNNMNNNNNNNNNNNNNNNNNNNNNNNNNNM
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE
COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home
office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
(i i ✓ r f -.
this 4t h day of January , 1993 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By -Laws. and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1. R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the
By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are
true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 12th day of
S-1300/EP 1/93
JULY
19 95.
0 Registered trade -ark of SAFECO Corporation.
FROM*PUBLIC FORKS ENGINEERING -O: ?14 552 8597 JUL
1995 i:16PM #043 P.02
City fo Huntington Beach
Publio Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
17th Street Storm Drain, Phase %, CC- 845
1. Specification and Special Provision "Proposal" page C-3s delete bid item number 22-
"Const. outietstructure barrier railing". This item of work is included on page C-1s in
bid item number 7- "Const. outlet structure, barrier & railing per sht. 7, 8 & 9 of 11".
2, Sheet number 4 of 11 Is Not In Contract (N.I.C.)
I acknowledge that I have received Addendum Number One dated July 7. 1995, to the
City of Huntington Beach Cash Contract Number 845.
f
PRES. SAVALA C
Title
. CO., INC. 7-1
Company
Please sign and date this Addendum and fax a copy prior to bid opening on Tuesday, duly
18, 1995 to:
Bruce Crosby
City of Huntington Beach
Public Works Department
�- Bond No... -- 30517119-•---- -------------------
Fidelityd Deposit Company an
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we.
B-USO- CONSTRUCTORS_..._INC.........................................................••-----._._....-----•--•-•--•--•---------•-_..
------- -- ---
------------------------•-------•--------------------•-•-•--•--•--•------------• •-• • ••-•--•---.....-----•---------•-•----.._........---........••----------• • ••-•--• •-----••--• • •-•-•.............
...—......................................................................................... as Principal, (hereinafter called the "Principal"), and
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized
under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound
CITY OF HUNTINGTON BEACH
unto.......................................................................................................................................... ...............................................
..................................................................................................................................................... ............................................
..................................................................................................................as Obligee, (hereinafter called the "Obligee"),
TEN PT -PERCENT OF- THE__TOTAL_. 11D...z - ---- -- ..Dollars
in the sum of .......................... .
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..................................................................................................
........ TH.. 5 TREET..STORM._D&AIiZ>--P.HA SE.--LA-,_..and..MI CIUEL..D-RI VIE.. S•TORX--IIRA-IN....................................
IN THE CITY OF HUNTINGTON BEACH
..................................... -......................................................................................................................................... ..................
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this----------------- 14th......----------...--•--- ... day of-•••------- JU-,Y A.D. I9....9 .
-.-.---------------------•-•----------
I�V it n ess
BID DATE: JULY 18, 1995
BUS 0.. GD.N..S TRUC.T.ORS.,....In..--------•................ (SFAL)
Principal
BY: -------------------------: ZG
..............
Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surely
. - 4�"Lx
BZWEN
....... ... .. (,SEAL)
4A�0BARBARA J. BENDER Witness . BROWN Title
C325 d—I SO M.
Avproved by The American Institute of Architects.
A.I.A. Document No. A-310 February 1970 Edition.
yt
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI. Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint Owen M. Brown of Anaheim, California
I s rub i ed anawful agent and Attorney -in -Fact, to make, execute, seal an er, for, aff
s behalf as surety, and as its act and deed:
any and all bonds and undertakings.........�� .....^�...............
Amz-Tffc3`xe—cuton of such bonds or undertakings in pursuance v e present v be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly ex and ackn ed by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper perso o
The said Assistant Secretary does hereby certify t
2, of the By -Laws of said Company, and is now i
IN WITNESS WHEREOF, the said Vice -Preside
Corporate Seal of the said FIDELITY AND DEPOT&
------------- July----------------• A.D. 19_93 _�
A
Assistant
STATE OF MARYLAND l
COUNTY OF BALTIMORE I ss'
,atract set n the reverse side hereof is a true copy of Article VI, Section
Assistad etary have hereunto subscribed their names and affixed the
PAN&F ARYLAND, this____________________22nd----------- day of
ANY OF MARYLAND
By �j �
ViceTresident
On this_22nd ----- day of -------- July-------------- A.D. 199.3--, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
O9
CAROL J. FAD R / Nota Public
My Commission Expires ------------------- August_1 1996
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ------------ 14th
day of--------------------- JiTf---------------- 19------. 95
-------------------------- ---------- --------------------- --------------------
Assislant Secretary
u428c—012-4151
RANGER INSURANCE COMPANY
Houston, Texas
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
BOND NUMBER. UK.02,1 .Q 2
..............
That ..Robert G Ca..tQ.�7J.....Z7�G..............................
.................................................................
..................................................... ...of..1, 323'z..Woodruff... Aymt?'Apa... RQ.Wn.gy..........
CA. 90241............................................... .......... as Principal, and RANGER INSURANCE COMPANY,
....................
a Delaware corporation, as Surety, are held and firmly bound unto ... i.tY... ! f. I3untkR.9tQn...:::...............::.�
2000 Main Street, Huntinq.ton..Beach.,.,,CAt.....92648
..... ..... .................................................................
as Obligee, in the full and just sum of ,ten„percent.(1W...Q f....t v,...greate,at...ammat ... b.i d
not to exceed a maximum of thirty-three thousand($33�000-00)... Dollars,
...................... ......................... .......................
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting: its proposal 17 th Street Storm Drain,
Phase 1A, Sta. 9+99.66 to Sta. 12+54.74 and Michael Drive Storm,
Sta. 10+00.00 to Sta. 11+00.00.
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the
contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to
secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal
and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the
amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of
the former, but in no event shall liability here under exceed the penal sum hereof.
Signed, sealed and delivered... lkl Y...13......1.119 5
(Date)
Robert st nrgi , .Inc IV (Seal)
...... .... .... ... .... .
................................................................................ .. .(Seal)
Lzc r astongi , President
RANG IUR'/E POMPANY
Attorney -in -fact
RIC-BB-2
Ranger Insurance Company RIC 0213012
Houston, Texas -
GENERAL POWER OF ATTORNEY
CONTRACT AMT: N/A BOND AMT: $33 , 000.00 BOND No.: RIC 0213012
Know all men by these Presents, that RANGER INSURANCE COMPANY has made, constituted and appointed, and by these presents does make,
constitute and appoint
Blake A. Pfister
its true and lawful Attorney -In -Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts
of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or
undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of
Five Hundred Thousand and 001100 Dollars ($500,000)
This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of RANGER
INSURANCE COMPANY on the 7th day of November, 1994.
Resolved: That Thomas H. Friedberg, Chairman and President, Douglas J. Coats, Executive Vice President, and Senior Vice Presidents Robert K. Herbert, Jr., John L. Kenny, Robert
J. Nelson, and Thomas D. Nimmo, or any of them, shall have the power to appoint Attorneys -In -Fact as the business of the Company may require or to authorize any persons to execute on behalf
of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds and release and assignment of judgments, decrees, mortgages and instruments in
the nature of mortgages and also all other instruments and documents which the business of the Company may require and to affix the seal of the Company thereto.
Resolved Further: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney certificate of either given for the
execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one
of its Vice Presidents and attested by its Secretary this 7th day of November, 1994.
RANGER INSURANCE COMPANY d gURANCF''os
.,,
Attest: By: o`O G- ? OR gr .
2 SEAL
Secretary Vice President ''b; 1923.
The State of Texas
County of Harris
On this 29th day of November, 1994 before me personally came Barbara Blasingame and John Kenny, to me known, who being by me duly sworn,
did depose and say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY, the Company described in and which executed
the above instrument; that they know the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation and that they signed their names thereto by like order.
Oo pnAP 8 '.�
0, 90
Notary Public
OF TE'P
S:• EXPIRES
Certificate T. 26,
I, the undersigned, the Senior Vice President of RANGER INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth
in the said Power of Attorney, is now in force.
Signed and sealed in the City of Houston, in the State of Texas. Dated the X 4thday of July 1995
(RIC-GPOA 110594) (Affix Seal Here)
4810-35
4-00236
DEPARTMENT OF THE TREASURY
FISCAL SERVICE
(Dept. Ci o. 570,• 1994 Rev., Supp. N4.7 )
SURETY COM�ANIES ACCEPTABLE ON FEDERAL BONbS
I
ahgar.Insurance Company
A Certificate o4 Authority as an acceptable„eurety on
radaral Bcndv is hereby issued. to the following company under
;Qations 9304 to 930d, Title 31, of the United Stato) Code.
rederal bond -approving officers should annotate their reference
opies of the Treaauty•Circular 570, 1994 Revision, o)n page 341
o raflect this additions
Ranger Insurance C nPAI . BUSINESS ADDRESS: D. Box 290
Houston, TX 77252. PHONE (713) 954-8100. UND RWRITING
LIMITATION bl: $6,839,000. SURETY LICENSES r/: AL, AK, AZ
AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, 1A, X9, KY.
LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY
NC, ND, OH, OK, FOR, PA, RI, SC' SD, TN, TX, UT, VT, VA, WA
Wv, WZ, WY. INCORPORATED IN: Delaware. ;
Cartifivates of Authority expire on June 30 each`;year,
nl.ess. revoked prior to that date. The Certifioates Are subjec
i
b subsequent annual 'renewal an long as the companies, remain
lualified .(31 CFR, Part 223). A list of qualified opmpanies i
blishad annually as of July 1 in Treasury Department Circular
70, with datails as to underwriting limitations, arapa in whic
icansed to transaot surety business and other information,
t
i
Copies of the ci�cular may be obtained from the Surety Ban
11ranah, Funds Management Division, Financial Managemeiit Service
I
Dapartment of tho �Vraaaury,'Washinqton, DC 20227, tol?phone
`IIIIk'7 1 02.-
202) 074
154UR4 Charles P. Schwan III
Charles F. Schwan 1xx* irector
Funds Management Divin
rinancial management Se iao
1ATED1 -DEC 28"
SECTION C
PROPOSAL
for CC-845
17TH STREET STORM DRAIN, PHASE IA
STATION 9+99.66 TO STATION 12+54.74
and CC-1015
MICHAEL DRIVE STORM DRAIN
STATION 10+00.00 TO STATION 11+00.00
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in the
office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform
the work therein to the satisfaction of and under the supervision of the City Engineer of the City
of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees
to complete the work within 45 working days, including pipe delivery, starting from the date of
the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the
guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is
agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures.
C-1
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within 10
working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
BID BOND TEN PERCENT TOTAL
Accompanying this proposal of bid, find in the amount of $ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
7-7-95
C-2
JJECT BID SCHEDULE
Item
Estimated
Item with unit price
Extended
o
Quantity:
written cn words
Unit Price`
Amount .....
1
47
Install 18" RCP per Std. 308
lin ft
@ THREE HUNDRED SIXTY THREE Dollars
$ 363.00
$ 17,061.0
NO Cents
Per lin ft
2
16
Install 30" RCP per Std. 308
lin ft
@ ONE HUNDRED Dollars
$ 100.00
$1 ,600.00
NO Cents
Per lin ft
3
50
Install 54" RCP per Std. 308
lin ft
@ TWO HUNDRED FORTY THREE Dollars
$ 243.00
$ 12 ,150.00
NO Cents
Per lin ft
4
1
Const. J.S. type "A" per Std. 304
each
@ THREE THOUSAND NINE HUNDRED Dollars
$ 3,900.00
$ 3,900.00
NO Cents
Per each
5
3
Const. double row brick and mortar plug
each
@ TWO HUNDRED Dollars
$ 200.00
$ 600.00
NO Cents
Per each
6
1
Const. concrete collar per Std. 310
each
@ FIVE HUNDRED Dollars
$ 500.00
$ 500.00
NO Cents
Per each
7
1
Const. outlet structure, barrier & railing per sht. 7, 8 & 9 of 11
lump sum
@ FORTY SEVEN THOUSAND Dollars
$47,000.00
$47,000.00
NO Cents
Per lump sum
8
1
Sawcut and remove existing sea wall
lump sum
@ FIVE THOUSAND Dollars
$ 5,000.00
$ 5,000.00
NO Cents
Per lump sum
9
1
Sawcut and remove and repair exist. sea wall
lump sum
@ FOUR THOUSAND Dollars
$ 4,000.00
$ 4,000.00
NO Cents
Per lump sum
10
2
Remove exist. local depressions
each
@ TWO HUNDRED FIFTY Dollars
$ 250.00
$ 500.00
NO
Cents
Per each
C-Is
JJECT BID SCHEDULE
Item
Estmated>
Item wrth unit price
Extend..ed
Na
Qu:antity
written m words
Uriit Price
Amount `:
11
5
Backfill exist. storm drain with slurry
cu yd
@ EIGHTY Dollars
$ 80.00
$ 400.00
NO Cents
Per cu yd
12
2
Remodel exist. C.B. per details on slit 6 of 11
each
@ ONE THOUSAND Dollars
$1 ,000.00
$ 2,000.00
NO Cents
Per each
13
195
Jack and bore 54" RCP ( Does not include pipe)
117,000.00
lin ft
@ EIGHT HUNDRED Dollars
$ 600.00
SlIX400OX
NO Cents
r
Per lin ft
14
2
Const. L.D. per State Std. D78, type OL
each
@ EIGHT HUNDRED Dollars
$ 800.00
$ 1,600.00
NO Cents
Per each
15
60
Sawcut and remove exist. curb and gutter
lin ft
@ TEN Dollars
$ 10.00
$ 600.00
NO Cents
Per lin ft
16
55
Remove exist. 30" RCP
lin ft
@ TEN Dollars
$ 10.50
$ 577.50
FI FTY Cents
Per lin ft
17
1
Const. J.S. type "B" without M.H. per Std. 305
each
@ THREE THOUSAND ONE HUNDRED Dollars
$3,100.00
$ 3,100.00
NO Cents
Per each
is
195
Install 54" single rubber gasket RCP per State spec. section 65
lin ft
@ ONE HUNDRED SEVENTY ONE Dollars
$ 171.00
$ 33,345.00
NO Cents
Per lin ft
19
1
Traffic control per specs and City Traffic Engineer
lump sum
@ THREE THOUSAND Dollars
$3,000.00
$ 3,000.00
N0 Cents
Per lump sum
20
1
Bracing of excavation
lump sum
@ ELEVEN THOUSAND Dollars
$11 ,000.00
$11 ,000.00
NO Cents
Per lump sum
C-2s
JJECT BID SCHEDULE
21
1
Mobilization & demobilization at max. of 4% of total bid price
lump sum
@ FIVE THOUSAND Dollars
$5,000.00
$ 5,000.00
NO Cents
Per lump sum
22
1
Const. outletstructure barrier railing
lump sum
@ DELETED ADDENDUM #1 Dollars
$
$
Cents
Per lump sum
23
107
Const. 18" RCP per CC-1015
linft
@ ONE HUNDRED FORTY FIVE Dollars
$ 145.00
$15,515.00
NO Cents
Per lin ft
24
1
Const. J.S. type "B" per CC-1015
each
@ TWO THOUSAND FIVE HUNDRED Dollars
$2,500.00
$ 2,500.00
NO Cents
Per each
25
1
Const. J.S. type "D" w/ no M.H. per CC-1015
each
@ TWO THOUSAND FOUR HUNDRED FIF�Xjlars
$2,450.00
$ 2,450.00
NO Cents
Per each
26
126
Remove & Replace PCC Cross Gutter per CC-1015
sq ft
@ EIGHT Dollars
$ 8.00
$ 1 , 008.00
NO Cents
Per sq ft
27
2
Const. C.B. and L.D. per CC-1015
each
@ THREE THOUSAND SEVEN HUNDRED Dollars
$3,700.00
$ 7,400.00
NO Cents
Per each
28
1
Remove tree for C.B. per CC-1015
each
@ ONE THOUSAND Dollars
$1 ,000.00
$ 1,000.00
NO Cents
Per each
29
@ Dollars
$
$
Cents
Per
Total Amount Bid in Figures: $ 299,806.50 TWO HUNDRED NINETY NINE
I
Total Amount Bid in Words: THOUSAND EIGHT
...........................................................................................................................................................
.....................................................
HUNDRED SIX DOLLARS AND FIFTY CENTS
C-3s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
i
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
LEONARD SAVALA , being first duly sworn, deposes and says that he or she is
PRESIDENT of SAVALA CONSTRUCTION CO. , INCthe party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
SAVALA CONSTRUCTION CO., INC.
Name of Bidder
BY PRES.
Si ture of Bidder
16402 E. CONSTRUCTION CR., IRVINE, CA. 92714
Address of Bidder
Subscribed and sworn to before me this 18 day of JULY , 199 5
KELLEY G. SAVALA
COMM. # 1041320
4
z Notary Public— California w
Z ORANGE COUNTY
NOTARY PUBLIC �My Comm. Expires JUN 23.1998
NOTARY SEAL
C-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the 17TH STREET STORM DRAIN, PHASE IA and MICHAEL
DRIVE STORM DRAIN SYSTEMS, (I)(we)(it) will employ and utilize only qualified persons,
as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities.
The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,
as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: JULY 18, 1995
SAVALA CONSTRUCTION CO., INC.
Contractor
Title
PRES.
C-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes M No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.
Date: JULY 18, 1995
SAVALA CONSTRUCTION CO., INC.
Contractor
By
PRES.
Title
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a
minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
SAVALA CONSTRUCTION CO., INC.
Contractor
PRES.
Title
Date: JULY 18, 1995
Note: This form is required for every Dig Alert Identification Number issued by
U.S.A. during the course of the Work. Additional forms may be obtained from
the AGENCY upon request.
c-8
BIDDER'S INFORMATION
BIDDER certifies that the following.information is true and correct:
SAVALA CONSTRUCTION CO. INC.
Bidder Name
16402 E. CONSTRUCTION CIRCLE
Business Address
IRVINE, CA. 92714
City, State Zip
( 714 ) 651-0221
Telephone Number
127926 A
State Contractor's License No. and Class
10-31-51
Original Date Issued
6-30-96
Expiration Date
The work site was inspected by RICHARD ALARCON of our office on 7-14 , 1995 .
The following are persons, firms, and corporations having a principal interest in this proposal:
LEONARD SAVALA PRES.
KATHLEEN SAVALA TREAS.
CAROL J. GRIFFITH SECTY.
C-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
SAVALA CONSTRUCTION CO., INC.
LEONARD SAVALA
Printed or Typed Signature
Subscribed and swornto before me this 18 day of JULY
NOTARY PUBLIC
,1995.
KEILEY G. IAVA#A
a '.� COMM. # #04#320
`�c _ Notary PUblio — California y
z ''% •" .; ORANGE COUNN
My Comm. EViros JUN 23, # 99E3
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. ORANGE COUNTY EMA 10 CIVIC CENTER PLAZA, SANTA ANA, CA. 92701
Name and Address of Public Agency
Name and Telephone No. of Project Manager: MR. GERALD SCHUBERT 714-567-7837
$950,000 SEWER, STORM DRAIN, WATERLINE JAN. 1994
Contract Amount Type of Work Date Completed
2. ROMAN CATHOLIC ARCHBISHOP OF LA 1531 WEST 9TH ST., LOS ANGELES, CA. 90015
Name and Address of Public Agency
Name and Telephone No. of Project Manager: MR. RALPH DARTT 818-288-7911
$395,000 STORM DRAIN MAR. 1995
Contract Amount Type of Work Date Completed
3. STATE CALIFORNIA/DEPT. TRANSPORTATION
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
3355 MISSION AVE., OCEANSIDE, CA. 92054
619-537-3700
$420,000 WATERLINE
Contract Amount Type of Work
JUNE 1995
Date Completed
C-10
SAVALA CONSMUCiloll C0114AO
tislauclioli CIRO,
160 EAU CO FOISIA 92714
IRVINE.CAU
a.
CITY OF HUNTINGTON BEACH
BID: CC-845 17TH STREET STORM DRAIN, PHASE IA
STATION 9+99.66 TO STATION 12+54.74 AND
CC-1015 MICHAEL DRIVE STORM DRAIN
hl
SECTION C
PROPOSAL
for CC-845
17TH STREET STORM DRAIN, PHASE IA
STATION 9+99.66 TO STATION 12+54.74
and CC-1015
MICHAEL DRIVE STORM DRAIN
STATION 10+00.00 TO STATION 11+00.00
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in the
office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform
the work therein to the satisfaction of and under the supervision of the City Engineer of the City
of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees
to complete the work within 45 working days, including pipe delivery, starting from the date of
the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the
guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is
agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures.
c-1
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within 10
working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find C3i ovz jL>13vNcin the amount of $ it N i c�z�=N which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
C-2
,- _)JECT BID SCHEDULE
Item
No
Estimated``
Quantity >
Item with unit price
written in words
Unit Price
Extended
Amount
1
47
lin ft
Install 18" RCP per Std. 308
@ I c� 1 N n� �Zc n Dollars
$Zoo —
$ q �yr
Cents
Per lin ft
2
16
lin ft
Install 30" RCP per Std. 308
%L-La Wo^tc>,-t..g7,o Dollars
$ Zoo
$ 4-O0�
Cents
Per lin ft
3
50
lin ft
Install 54" RCP per Std. 308
@ I Kco H., a ,�?, za .3 Dollars
$ Z ? o
Cents
Per lin ft
4
1
each
Const. J.S. type "A" per Std. 304
@ i r4o'is,teao Dollars
$ gooc)
$ e000
Cents
Per each
5
3
each
Const. double row brick and mortar plug
@ s£\r c 1-1 H J ri 01 Z.,E 1p Dollars
$ -7 o c,
$ Z1 oCD—
Cents
Per each
6
1
each
Const. concrete collar per Std. 310
Dollars
$ 1 0 CJo
$ \ v
Cents
Per each
7
1
lump sum
Const. outlet structure, barrier & railing per sht. 7, 8 & 9 of 11
@tau a: —I Y 1 HoySDollars
$ 4-C , a
$ 4-q o0o
Cents
Per lump sum
8
1
lump sum
Sawcut and remove existing sea wall
@ }— v ({ � J SIN Dollars
$ -s-'7 o 0 _
$
Cents
Per lump sum
9
1
lump sum
Sawcut and remove and repair exist. sea wall
@ a-TtA00SA.-j_r,3 Dollars
$Gi-vva—
$ L-<:;, a
Cents
Per lump sum
10
2
each
Remove exist. local depressions
@ Gpr.ic, Trio is Dollars
$ 1 oyo
$ Zo oy
Cents
Per each
C-1s
)JECT BID SCHEDULE
IrliFe-m—FE—stimated
No.
Quantity>!
Item with unit price
written in words "
Unit Price
Extended `.
Amount
11
5
cu.yd
Backfill exist. storm drain with slurry
O Dollars
$ ZUy—
$ 1yoy r
Cents
Per cu yd
12
2
each
Remodel exist. C.B. per details on slit 6 of 11
@ ON 1 N- o S fw o �•+c Ho j oa-e-iDollars
$ !_S o 0r
$ 3yo o i
Cents
Per each
13
195
lin ft
Jack and bore 54" RCP ( Does not include pipe)
Dollars
3 i o
$
✓�
(,co 450
$
��
Cents
Per lin ft
14
2
each
Const. L.D. per State Std. D78, type OL
Dollars
Cents
$ 00O
$ Zoo a
Per each
15
60
lin ft
Sawcut and remove exist. curb and gutter
@ Dollars
$
$ / 8 oo
Cents
Per lin ft
16
55
lin ft
Remove exist. 30" RCP
@�= TY Dollars
$ SO
$
Cents
Per lin ft
17
1
each
Const. J.S. type 'B" without M.H. per Std. 305
@ /E-- Dollars
$ ,Sc7 cjy
$
Cents
Per each
18
195
lin ft
Install 54" single rubber gasket RCP per State spec. section 65
Dollars
$
$�zo10
Cents
Per lin ft
19
1
lump sum
Traffic control per specs and City Traffic Engineer
@ �yE �f/Or)5,4 jl� Dollars
$ Sao ,
$ Sood
Cents
Per lump sum
20
1
lump sum
Bracing of excavation
@ yO�/,�%/odsAa
�
$ 3 l000�
-Dollars$
Cents
Per lump sum
C-2s
4JECT BID SCHEDULE
Item
No'
Estimated
Quantity
Item with unit price
written in words
Unit11 Price
Extended
Amount
21
1
lump sum
Mobilization & demobilization at max. of 4% of total bid price
@ Eiy Dollars
$ /D 0,0y
$ / O, �Dy
Cents
Per lump sum
22
1
lump sum
Const. outletstructure barrier railing
@ s
Cents
Per lump sum
23
107
lin ft
Const. 18" RCP per CC-1015
@ (�/r/c %w.✓o�z� /�s,i� .�.ry Dollars
Cents
$ / Zy
$
Per lin ft
24
1
each
Const. J.S. type "E" per CC-1015
Dollars
$ Dock _
$ 3t»a
Cents
Per each
25
1
each
Const. J.S. type "D" w/ no M.H. per CC-1015
@%Zcc % �S.o.✓� Dollars
$.3zDDe__)—
$ 3yaa
Cents
Per each
26
126
sq ft
Remove & Replace PCC Cross Gutter per CC-1015
@ % N Dollars
$ / D
$ / 7 6 d
Cents
Per sq ft
27
2
each
Const. C.B. and L.D. per CC-1015
@ lOk /�ods.o.�e �%y� �i;Lyv+tr�ollars
$.3sOy
$ -70Oy
Cents
Per each
28
1
each
Remove tree for C.B. per CC-1015
Dollars
Cents
$ /Oepc)
$
Per each
29
@ Dollars
$
$
Cents
Per
C-3s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
�� Dc aC�t ��ci2 c�a.✓ (' 10 '�'J rJ
T11LK�JG �aa.�,o G<1. I 70049
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the 17TH STREET STORM DRAIN, PHASE IA and MICHAEL
DRIVE STORM DRAIN SYSTEMS, (I)(we)(it) will employ and utilize only qualified persons,
as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities.
The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,
as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to he performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: / Tv - y '> S
LJ S 0 Co ,v S 1 %--i .a C_ j o a C, C__
Contractor
By
Title
C-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes W No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.
Date: /g ✓ a, y 95
Contractor
By
Title
C-7
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder Name
G} 70 0 P-, 6L-= S- -b
Business Address
City, State Zip
(7144 7--?-,q e(,91
Telephone Number
GAO 9 8 o z-- �,,
State Contractor's License No. and Class
Original Date Issued
Expiration Date
The work site was inspected by (�; 2Cy 1-3-9c-"A,-)a4of our office on 1 \ S� L-. Y , 1995
The following are persons, firms, and corporations having a principal interest in this proposal:
C-9
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
GREG BUCHANAN . , being first duly sworn, deposes and says that he UM is
PRESIDENT of T3.) s o party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
BUSO CONSTRUCTORS, INC,
Name of Bidder
4&8nar�,o�fSidder GREG BUCHANAN, PRESIDENT
14700 FIRESTONE BLVD, #103
LA MIRADA, CA, 90638
Address of Bidder
Subscribed and sworn to before me this 14th day of _ JULY , 199 5
SHE ATTACHED ACKNOWLEDGEMENT
NOTARY PUBLIC
c-a
NOTARY SEAL
CALIFOPtVA ALL-PURPOSE ANOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On 7-14-95 before me, BARBARA J. BENDER, NOTARY PUBLIC
DATE NAME TIT,, E OF OFFICER - E.G., "JANE DOE, NO i ARY PUBLIC
personally appeared J GREG BUCHANAN
NAME(S) OF SIGNER(S)
Wpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/art
subscribed to the within instrument and ac-
knowledged to me that he/she/they executer
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WNI E S&mhandaapAo l seal.
SIGNA RE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the Document and coula prev( nt
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER NONCOLLUSION AFFIDAVIT
PRESIDENT TITLE OR TYPE OF DOCUMENT
TITLE(S)
LJ PARTNER(S) U LIMITED
❑ GENERAL ONE (1)
ATTORNEY -IN -FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:__—,
---- _-------�___—_- __-- DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) N/A
_BUSO CONSTRUCTORS,—INC,_ SIGNER(S) OTHER THAN NAMED ABOVE
C.�i+Cam..--....CI'.=.r+d.ia.�<�t•!.. _. r:.' �. ., ._ L.d�._..a_.. _.t. ., a_ .. Ll.. r:.. <_ v• :... _....��,. t C. •..: --....
QL�1993 NATIONAL NOTARY ASSOCIATION • 82s6 Remmet Ave, P.O. Box 7184 • uanoya Parr,, CA 91 >09-718
I he undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Company Name
Signature of Bidder
GREG BUCHANAN, PRESIDENT
Printed or Typed Signature
Subscribed and sworn to before mne this �-4tday of JULY , 199 5,
SEE ATTACE[E D ACKNOWLEWEMENT
NOTARY PUBLIC
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. �oy,.�-ry O1= l,os >������5 >�`►-F1ar..3iz� Cs•.
Name and Address of Public Agency
Name and Telephone No. of Project Manager: \h! c s \&)o o £3 i & 4 5 8
2 \(1 �1J tv �\�H NNC� ��IVSi11J CT1O ! Yo,-,l -1-5
Contract Amount Type of Work Date Completed
2• <:f0 j n, "rY c-2 1-= G N I A z L9 S AN 2 .-, -%6 It-S
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Sc122 y t 2` 1 -) c� 7 k 4 - 56 7 cp z.S z-
S
Contract Amount Type of Work Date Completed
I U17 ; d+= �h�a.TciL �C�o.>It�c S d
Name and Address of Public Agency.
Name and Telephone No. of Proj ect Manager: p, , �-- f3 p ; ,,E7 ct- en S - 9 4-6, - t 0 Z 4--
30o,0o0 ��c �G�Jcr�uci— �ccv„is:.z�ci.�.✓ ..1 �''x 14
Contract Amount Type of Work Date Completed
C-no
CALIFORNIA ALL-PURPOSE AG._AOWLEDGMENT
i,�C..c'�.7" Y.Y,. ... ..� rr.`Y�".�'.. r�..c"�.C`t. �•rr..r ✓ :.�: _r.✓- ✓':.r;:r' .:r.� � ,r' ,%,:: .,a ,: .✓ ...:r .r : '.✓ .r .-..-::�•;.
State of CALIFORNIA _
County of ORANGE
On 7-14-95 before me, BARBARA J. BENDER, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared GREG BUCHANAN
NAME(S) OF SIGNER(S)
9xpersonally known to me - OR - I[proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s;,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
W N S m hand and o.' al seal.
SIGNA AOFNOTiA�R§Y�
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
PRESIDENT__._
-I PARTNER(S)
TITLES'
LJ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
FINANCIAL ABILITY FORM
TITLE OR TYPE OF DOCUMENT
ONE (1)
NUMBER OF PAGES
s
7-14-95
--------- DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTITY(IES) NIA
BUSO CONST uc-MoR$,—IN-� ______ _ _ SIGNER(S) OTHER THAN NAMED ABOVE
r .Yy. +�.J ..?'.'..r J" ,,J".J:J'J"„Y- '.✓ .-d",.rJ`..f' :✓"✓..J"d�yd :»✓y, r..% -'.✓.. r »�
Y__4:.i(.:.t..�'t.-•L....... ....4'r:.. .-.�...d� L.4... .. �..-.t-..c... .•4:...a..-�C.�G+c.-.-.....C.t_ ti.-.t� ...... „..4, s��-
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7164 - Canoga Park. CA 91)09-716,,
Council/Agency Meeting Held: q— /00 9S
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
6F City Clerk's Signature
Council Meeting Date: September 18, 1995
Department ID Number: PW 95-055
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat f�
PREPARED BY: I LES M. JONES II, Director of Public Works
SUBJECT: 17th Street, Phase 1A Storm Drain Project, CC-845 (Reject All Bids)
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental
X - D
Statement of Issue:
Due to a recent shortfall of funding for the proposed project, staff recommends that all bids
for the 17th Street, Phase 1A Storm Drain Project be rejected and the project be postponed
until funding can be secured.
Fundinq Source:
Huntington Beach Municipal Code Section No. 14.48.020 provides for establishment of
drainage areas. Huntington Beach Municipal Code Section No. 14.48.050 provides for
development based fees to be collected within these drainage areas to be used to construct
Master Planned Drainage improvements. This planned storm drain :is in the Downtown
drainage area, and hence, will be paid for from funds collected within that district. Although
there is ample funding in the overall Master Drainage Fund account, there are no provisions
in the Municipal Code for transferring or borrowing of moneys from one drainage area to
another. There is currently insufficient funding within the Downtown Drainage District.
Recommended Action:
Reject all three bids received July 19, 1995 for the 17th Street, Phase 1A Storm Drain
Project, CC-845 and direct the City Clerk to return all bid bonds.
Alternative Action(s):
None
S n 'cs 9 T. C P J3S
r4L 1 i i 2
03A�i333:
REQL.cST FOR COUNCIL ACTION
MEETING DATE: September 18, 1995 DEPARTMENT ID NUMBER: PW 95-055
Analysis:
On April 17, 1995, City Council authorized a call for bids for the 17th Street, Phase 1A
Storm Drain Project. This project involves construction of a storm drain system under Pacific
Coast Highway (PCH) at 16th Street and extend up to Walnut Street. Future phases will
extend the storm drain from Walnut Street, northerly along 16th Street and 17th Street to
Palm Avenue.
On July 19, 1995, staff received three bids and planned to request award of the construction
contract. Staff originally estimated that there were enough funds available in the Downtown
Drainage District Fund to complete this project. Two events have taken place since
proposing this project to bid. First, the low bid came in 28% above our consultant's estimate.
Secondly, the Orange County bankruptcy and other administrative actions have lowered the
drainage fund balance. A recent departmental initiated self -audit has determined that there
are currently insufficient funds available to complete the project. This fund reduction has
resulted in staff postponing the project until such time funds become available, through the
collection of drainage fees.
Environmental Status:
Negative Declaration No. 94-20 and Coastal Development Permit No. 93-14 were approved
by the City's Zoning Administrator on March 29, 1995.
Attachment(s):
1 Location Map
LMJ:BPC
0013916.01 -2- 08/31/95 11:48 AM
NOT TO SCALE
GP
P STAFF
Q�GP ST'S'ST�'
OAP
O P
FJ P
J
,p P
P
PROPOSED
STORM DRAIN
ATTACHMENT No. 1
L®CAT�CN MAP
CITY OF HUNTINGTON BEACH FOB
DEPARTMENT OF PUBLIC WORKS G: \CROSBY\l7THSTSD.DWG
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
17th Street, Phase 1A Storm Drain Project;
CC845(Reject All Bids
COUNCIL MEETING DATE:
September 18, 1995
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
A
#3�-9)5S���0
0 qql Yo 4".5-0
i RECEIV®®D
cl-ty cl-»AK
cai DF
H U N T i H G'T(l H il, A
L§ 58
CD
rn
cl:D
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s 6 a INI! JI, 0 0 z 0 1 inp
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li'347-21" NO-1 9 INnH
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N1,431 0 ' ' ' TiJ
03AGOR
NOTICE INVITING SEALED BIDS
for
CC-845 and CC-1015
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, CA 92648, until the
hour of 2:00 PM on July 18, 1995, at which time bids will be opened publicly and read aloud in
the Council Chambers for the 17th Street, Phase 1A and the Michael Drive Storm Drain
Projects in the City of Huntington Beach.
A set of plans, specifications, and contract documents may be obtained starting June 15, 1995 at
City Hall, Department of Public Works upon receipt of a non-refundable fee of $25.00, sales tax
included, if picked up or $30.00 if mailed.
Each bid shall be made on the Proposal Form provided in the contract documents, and shall be
accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount
of the bid , made payable to the City of Huntington Beach. The Contractor shall, in the
performance of the work and improvements, conform to the Labor Code of the State of California
and other Laws of the State of California applicable thereto, with the exception only of such
variations that may be required under the special statutes pursuant to which proceedings
hereunder are taken and which have not been superseded by the provisions of the Labor Code.
Preference to labor shall be given only in the manner provided by law.
No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach,
Department of Public Works, 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 17th of April 1995.
Connie Brockway
City Clerk of the City of Huntington Beach
2000 Main Street. (714) 536-5431
`)ECTION C
PROPOSAL
for CC-845
17TH STREET STORM DRAIN, PHASE IA
STATION 9+99.66 TO STATION 12+54.74
and CC-1015
MICHAEL DRIVE STORM DRAIN
STATION 10+00.00 TO STATION 11+00.00
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in the
office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform
the work therein to the satisfaction of and under the supervision of the City Engineer of the City
of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees
'to complete the work within 45 working days, including pipe delivery, starting from the date of
the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the
guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is
agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures.
c-1
If awarded the Contract, the unucrsigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within 10
working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
1j.'d ejeRs O�
Accompanying this proposal of bid, find A g2241 in the amount of which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
C-2
F WECT BID SCHEDULE
Item
Estimated
Item, with unit price
Extended
Not
Quantity
written in words
Unit Price'
Arnount
1
47
Install 18" RCP per Std. 308
lin ft
@ _IADollars
$ Z 0 0
$ 2, 00
Cents
Per lin ft
2
16
Install 30" RCP per Std. 308
lin ft
/j
@ �.ov� /tr Dollars
$ /O
$ F, S6 O
Cents
Per lin ft
3
50
Install 54" RCP per Std. 308
lin ft
@ Dollars
$ 230
$ // —00
Cents
Per hn ft
4
1
Const. J.S. type "A" per Std. 304D
each
@/ ollars
$ (,�30 0
$ 61300 r
Cents
Per each
5
3
Const. double" row brick and mortar plug
each
@ _/ytirc Dollars
$ O O '
$ / 0
Cents
Per each
6
1
Const. concrete collar per Std. 310
golars
each
@ �..t
$3,400
$ 00
Cents
Per each
7
1
Const. outlet structure, barrier 8 railing ppes git. 7, 8& 9P
lump sum
@ o
$ lil,. 7 O 0
$ 39,700
Cents
Per lump sum
8
1 n
awcut and remove exist' g sea wall
lump sum
@ A Dollars
$ 2 SOO
$ 2 5"00
Cents
Per lump sum
9
1
Sawcut and remove ayd repair a 'st. sea wall
lump sum
@ "Oi.f.
4
$ S o0
r
$ 8 00
Cents
Per lump sum
10
2
Remove exist. local depressions
each
@ Dollars
$ J600
$ 7 000
d
Cents
Per each
C-1 s
T WECT BID SCHEDULE
Estimated
Item wit unit price
Extended
IIItem
No:
I QPan tIty>
I written m.words
Unit Price
Amount I
11
5
Backfill storm drain with slurry
cu yd
exist.
Dollars
$ Sv
$ 3 2 SO
Cents
Per cu yd
12
2
Remodel exist. C.B. per details on slit 6 f 11
each
@ / Dollars
$ 3, o D O I
$
Cents
Per each
13
195
Jack and bore 54" RCP ( Does not include pipe)
lin ft
@ Dollars
$ 3
Cents
Per lin ft
14
2
each
Const. L.D. per State td. D71 e OL D
@ /., a 0~""" 'Doll `
$ 2 I so
T—
$ 3 py
Cents
Per each
15
60
Sawcut and remove exist. curb and gutter
lin ft
@ Dollars
$ 6 0
$ 3 410 0 —
Cents
Per hn ft
16
55
Remove exist. 30" CP
lin ft
@ Dollars
$ 8a
$ p0
Cents
Per lin ft
17
1
Const. J.S. type "B/"/without M.H. per Std. 305
each
@ �, /u�� �/ � ofl �1i� llollars
$ S 00
$ S; 3O0 —
Cents
Per each
18
195
Install 54" single rubber gaskel RCP per S to spec. section 65
lin fit
@ Dollars
$ % 9D
$ 3, O S0
Cents
Per lin ft
19
1
lump sum
Traffic control per specs and Ci Traffic Engine
@ � � � �...� Doll
$ 3 16 0 —
$ 3— 6 O
T
Cents
Per lump sum
20
1
Bracing of excavation
lump sum
@ Dollars
$ SS O OOP
$ % S U D [�
�
Cents
Per lump sum
C-2s
EJECT BID SCHEDULE
Item
Estimated
Item with unit price
Extended
No.
Quantity`
written m words
Unit Price:
Amount
21
1
Mobilization & demobilization at max. of 4% of to id price
lump sum
i
@ �,r �e �. Q a.. ,�, a Dollars
$ S�
$ S- So o
_
Cents
Per lump sum
Const. outletstructure barrier railing
lump sum
@
$
$
Cents
Per lum sum_
.,
23
107
Const. 18" RCP per CC-1015
lin ft
@ Dollars
$ //O
$
Cents
Per lin ft
24
1
Const. J.S. type "E" per CC-10115
each
@ ��„�,,../J�,�l ����u�:.a,'/ Dollars
$ /�
$ O D—
Cents
Per each
25
1
Const. J.S. type "D" w/ no M.H. per CC-1015
each
@ Dollars
$ 2 �Or
$ Z 400
Cents
Per each
26
126
Remove & Replace Cross Gutter per CC-1015
sq ft
/PCC
@ !c Dollars
$ / 2 —
$ S/ / 2
Cents
Per sq ft
27
2
each
Const. C.B. and L.D. per CC-11015 1 J��
@ 7✓�:,,.�7/ Dollars
$
Cents
Per each
28
1
Remove tree for C.B. per CC-1015
each
@ Dollars
$ po0
$ 4000
Cents
Per each
29
@ Dollars
$
Cents
Per
A
C-3s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Ode 7 L, 5 t bein first duly sworn, deposes and says that he or she is
/ /Qev of 6 . & s an/ ' the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
r®BERT G. CASTONGIA, INC.
Name of Bidder ROBERT G, CAS` ONGIA
PRESIDENT
Sig ature of Bidder
123231/2 S. WOODRUFF AVE.
DOWNEY, CALIF. 90241
Address of Bidder
Subscribed and sworn to before me this �day of 1995
NOTARY PUBLIC
BARBARAA J. NOOP1AN
Casters. # 97208.5
NOTARY Pusuc • CALJF(n M
Lcs Angeles Qmntb
, J Comm. EspiTes Aug. 26, 1996
NOTARY SEAL
c-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the 17TH STREET STORM DRAIN, PHASE IA and MICHAEL
DRIVE STORM DRAIN SYSTEMS, (I)(we)(it) will employ and utilize only qualified persons,
as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities.
The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,
as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date:
Contractor
Y
ROBERT C. CIA;5TOi GIG
Title
C-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes A No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
Date:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.
i1l! i��?a �'. 1�. '
�I0, I
Contractor
IOVA
40 i/�-
Title
PRESIDENT
c-7
Title
PRESIDENT
c-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a
minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
LIMA
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by
U.S.A. during the course of the Work. Additional forms may be obtained from
the AGENCY upon request.
C-a
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
i ME
IT
X J- Wall
L
Bidder Name 12 2 ""A S. V,100DRU F F AVE.
DO ENE . CALIF. 90241
Business Address
City,
(Jlo M— -33e;�g
Telephone Number
State Contractor's License No. and Class
Original Date
State Zip
-�76
Expiratioon, 'Date
The work site was inspected by of our office on �% 199 5
The following are persons, firms, and corporations having a principal interest in this proposal:
OBERT Go CAST®NCNA, INC.
0_ WRTC)�JGa.a
PRESIDENT
C-9
ROBERT G. CASTONGIA, INC.
12323 1/2 Woodruff Avenue
Downey, California 90241
( 310 ) 803-3328
RE: Construction Contracts
DATE COMPLETED: 4-13-95
CONTRACTOR: K.S. Tech Group,
CONTRACT AMOUNT: 75,000.
TYPE OF WORK: Mainline Sewer
JOB LOCATION: Cerise Ave.,
OWNER: Mr. James Kim
Inc.
Hawthorne
DATE COMPLETED: 8-16-94
CONTRACTOR: Kiewit Pacific Co.
CONTRACT AMOUNT: $1,864,994.
TYPE OF WORK: Storm Drain
JOB LOCATION: Hyperion 109
OWNER: City of L.A., Board of
200 N. Spring St., Room
(310) 640-2050
Public Works
353, L.A. 90012
DATE COMPLETED: 9-9-93
CONTRACTOR: Robert G. Castongia, Inc.
CONTRACT AMOUNT: 1,600.000.
TYPE OF WORK: Gravity Water Supply Line
JOB LOCATION: L.A. Co. San Dist. Whittier
OWNER: Los Angeles County Sanitation Dist.
1955 Workman Mill Road, Whittier, Ca. 90601
DATE COMPLETED: 10-30-90
CONTRACTOR: Gus K. Newberg Const.
CONTRACT AMOUNT: 1,800,000.
TYPE OF WORK: Water, Sewer Storm Drain & 36" Methane gas
JOB LOCATION: Hyperion 104
OWNER: City of L.A., Board of Public Works
200 N. Spring St., Room 353, L.A. 90012
ROBERT G. CASTONGIA, INC.
hO
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
ROBERT G. CASTONGA, K.
Company Name
of
Printed or Typed Signature
Subscribed and sworn to before me this ;d'a'y5 of qahzll, 199 5 .
NOTARY PUBLIC
co. # 97
NOTARY Pif3M - CWMWjA
Los Angeles Cwty
My Comm. Exr*es Aug. 26, 1996
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
See-
L
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
2.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
3.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
C-10
OBERT G. CASTONGA, INC.
I23231)5,WGODkff AYE:
SECTION C
PROPOSAL
for CC-845
17TH STREET STORM DRAIN, PHASE IA
STATION 9+99.66 TO STATION 12+54:74
and CC-1015
MICHAEL DRIVE STORM DRAIN
STATION 10+00.00 TO STATION 11+00.00
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in the
office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform
the work therein to the satisfaction of and under the supervision of the City Engineer of the City
of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees
to complete the work within 45 working days, including pipe delivery, starting from the date of
the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the
guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is
agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures.
c-1
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within 10
working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find in the amount of $ Ali �� which
said amount is not less than 10% of the aggr ate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
C-z
W JECT BID SCHEDULE
Item
Estimated:
item with uat price
Extended
Nti
Quantrty
written in wardsTnit
Price
Amount
1
47
lin ft
Install 18" RCP per Std. 308
@ �11� Dollars
$ /G7
$
Cents
Per tin ft
2
16
lin ft
Install 30" RCP per Std. 308
%ifil._ `
$
@ II � o ars
Cents
Per lin ft
3
50
Install 54" RCP Std. 08
lin ft
@ Dollars
$ Z
$
Cents
Per lin ft
4
1
Const. J. e "A" per Std. 304
@ Dollars
$ ®l%/
$�
each
Cents
Per each
5
3
Const. doubl ow brick and m ar plu
each
@ Dollars
Cents
Per each
6
1
Const. concrete colla
d9
each
@ Dollars
Cents
Per each
7
1
Const. outlet cture, bam & rail)'#g per sht. 7, 8 & 9 of 11
/
lump sum
@c G Dollars
$O
Cents
Per lump sum
S
1
Sawcut and remove existing sea wall
69
lump sum
Dollars
Cents
Per lump sum
9
1
Sawcut and remove exist. sea wall
lump sum
@ Dollars
Cents
Per lum m
10
2
Remov=eocal depre ions
each
@ t, Dollars
$
Cents
Per each
C-1s
I )JECT BID SCHEDULE
11 5 Backfill exist. storm drain wi sl
cu.yd @
Per cu yd
12 2 Remodel exist. C.B. p de ' s 6 i
each @
44&
Pe eac
13 195 Jeft and 4" RCP ( es n clud
lin ft @ _
Per lin ft
14 2 Const. L.D. per S OL
each @
Per each
15 60 Sawcut and remove xist. curb and guff
lin ft @
Per lin ft
16 55 Remove exist. 30' Cg
lin ft @
Per n ft
17 1 onst. J�b}pe-"B" with? t M. .
each @
Per cl
18 195 Install 54" s' a rubber gasket P per
lin ft @
Per lin ft
19 1 Traffic c trr per s Traffic
lump sum @
Per lump sum
20 1 Bracing of 'on
lump sum
Per lump sum
_Dollars $ ` $ ,�
Cents
'll
Dollars
$
$ fe2�
Cents
Pipe)
Dollars
p0
$ JZ�,�-p
Cents
Dollars
O
$
e�
$
Cents
$1
Cents
Dollars $tj $
Cents
017
Dollars I $ p I $
,ction 65
Dollars $ $
Cents
Dollars
$ DD _
$
Cents
Dollars
$'
$
Cents
C-2s
I )JECT BID SCHEDULE
21
1
Mobilization E de obilization i of 4% of total bid price
lump sum
@ . Doll
$ Z
$71
Pe p, sum
22
1
Co list. outletstructure barrier railing
Imp sum
@ Dollars
$
$
Cents
Per lump sum
23
107
Const. 18" RCP per CC-1015
lln ft
@ Dollars
$ f%
$ GY! r
Cents
Per lin ft
24
1
Const. J.S. type "E" per.
vp
Dollars
$ d/ �!i
$
each
@
Cents
Per each
25
1
Const. J.S. type "D" w/ M. CC-1015
each
@ Dollars
$ a �-
$ 6�21&,
Cents
Per c
26
126
Remov R e PCC ross Gutter per CC-1015
sq ft
@ Dollars
$
r�D
$
Cents
Per sq ft
27
2
Const. C. . d L.D. per C 1
each
@ Dollars
$ a.I
$�
Cents
Per each
28
1
RemovZ;�
each
@Dollars
Dollars
Cents
.10'Per A
Total Amount Bid in Figures: $
Total ount Bid i ords:
�... ✓n!� ��............. �.. t(�.................
... j.. .......... 2 .......
C-3s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
being first duly sworn, deposes and says that he or she is
of �? -�6�9F'.i� the parry making the
foregoing bid that the bid is not made in th interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract, that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
ame of Bidder
Signature adder
Xddress of dd
Subscribed and sworn to before me this day of Jv , 199,� .
NOTARY PUBLIC
NOTARY SEAL
C-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the 17TH STREET STORM DRAIN, PHASE IA, and MICHAEL
DRIVE STORM DRAIN SYSTEMS, (I)(we)(it) will employ and utilize only qualified persons,
as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities.
The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,
as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to he performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date:
Title
C-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes Vo
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.
Date: 2 1
Title
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a
minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by
U.S.A. during the course of the Work. Additional forms may be obtained from
the AGENCY upon request.
c-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Name
-{Jo�v ��.
Business Address
5P
City,
Telephone Number
State Contractor's License No. and Class
Original Date Issued
—Z,ty��
Expiration Date
The work site was inspected by ` of our office on �D� ^ , 1995
The following are persons, firms, and corporations having a principal interest in this proposal:
/ r PA
I WAN, nwomw' "��
C-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the
Subscribed and sworn to before me this _ day of , 199_
NOTARY PUBLIC
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
2. -
Name Od Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of W rk Date Completed
Namad Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
C-10
1d^ :�+ 4 .A # '_y1S'vY 4A8'X e�A, °x+wwJ 7''`i' xis+` ram, Y .s SfiL Ka»'' J
I - j X ( 3 l°P "`ri `� 3 3 t �'y,J ., �
_
Li CRY1Hy , tirtlbtoh Pry, C
�'.
Pub9ic forlbs C ep rtrnent
t3t� ein S�tr6et�
� .
1, Fax (7.14) 37�4-157
-
1
II
BER
ADD ONE
kt253 .'
'
g
For.
17tt� Street Storm 9 wain, Prase 1: Cam.-
u
• :
'.�•
1. Specification and Special Provision "Proposal" page C-3s de,11 eke bid 4tern number 2:f2
„ onst, outletstructure barrier railing". This item � of wo= is included on page C-1 s in
bid item -number 7 - "Cons, outlet structure, barrier railing plelf, sht, 7, & 9 of 1111,
�r.
-+a
t ... r 4y��{ �SW�I��.*,.
�,y�y ,I� .�y_f �.ft Contract
�qI �yi�Lii '�1' V � i �'a3 � �9 i tlu. 1 }
J,+
+3 5
ski
{
q
Acknowledge, that i have received Addends. mi NU-Pb r Clt dated July 7, 1995, to tl�e
,1
of.Huratington Beech Crib Contract Number 845,
�?
.:City.
t
3
r.tp
`x rigrature: °„ . .k Title ornny C?�1a
y
kb
f y{
xPieesa sign and date his,Addendum and fax a U)PY Prior to bid opening on Tuesday,
t
3 i
z xc P{ 4
f
f Bruce CrosbY,
f1.i1 ,tFl {.4V61 Vf (
k A
dfd. gYN.
� �tl � Ptablic�l��rl'Cs��iepai'tra'ient
k�ry
����
�s�z�=���R
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
17th Street Storm Drain ;CC 845
COUNCIL MEETING DATE:
April 17, 1995
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Lf City Clerk's Sign ture
Council Meeting Date: April 17, 1995
Department ID Number: PW 95-014
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City
PREPARED BY: �S M. JONES II, Director of Public Works '
SUBJECT: 17th Street Storm Drain, Phase 1A; CC-845
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(
s
Statement of Issue:
Approval of final plans and specifications, and authorization to advertise, is requested for
the 17th Street Storm Drain, Phase 1A; CC- 845
Funding Source:
Funds are available in the unappropriated drainage account.
Engineers Estimate: $131,500.00
Recommended Action:
1. Approve final plans and specification, and direct the City Clerk to advertise for bids for
the17th Street Storm Drain, Phase 1A. And,
2. Approve the attached sample contract subject to award of contract to the lowest
responsive bidder.
Alternative Action(s):
Deny approval of the 17th Street Storm Drain, Phase 1 A.
6, "., )----
REQUEST FOR COUNCIL ACTIP
MEETING DATE: April 17, 1995
Analysis:
DEPARTMENT ID NUMBER: PW 95-014
On May 3, 1993 the City Council authorized the expenditure of $125,000 for design of the
17th Street Storm Drain. Design has been completed, and we are prepared to proceed with
construction. Therefore, the Department of Public Works seeks City Council approval of
final design plans, and authorization to advertise for bids. Final design plans are on file in
the Department of Public Works for review.
This project involves construction of a storm drain system under Pacific Coast Highway
(PCH) at 16th Street. A future phase of this system will extend the storm drain from PCH,
northerly along 16th Street and 17th Street to Palm Avenue. The system alignment is shown
on the attached Location Map.
Funding is not currently available for the second phase. It is proposed to proceed now with
this first phase for the following reasons:
• Achieve maximum flood protection with funds currently available in the drainage fund.
• Take advantage of permits already obtained, i.e. Coastal Development Permit and
Caltrans encroachment permit.
• Meet our obligation to expend drainage funds within five years of their collection, and
within the drainage area from which the funds were collected.
The storm drain under PCH will be constructed by jacking and tunneling so that traffic on
PCH will not be disrupted. Construction would not begin until mid September 1995.
A concrete outlet structure will be constructed with this first phase to dissipate high energy
storm flows. A similar structure now exists at the 6th Street storm drain outlet.
Environmental Status:
Negative Declaration No. 94-20 and Coastal Development Permit No. 93-14 were approved
by the City's Zoning Administrator on March 29, 1995.
Attachment(s):
1 Location Map
2 Sample City Funded Construction Contract
0011182.01 -2- 04/04/95 4:09 PM
PROPOSED SD
ATTACHMENT No, 1
LOCATE O N MAP .JJ
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS c: \CROSBY\l7THSTSD.DWO
0
SECTION D
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE 17TH STREET STORM DRAIN, PHASE I (CC 845)
TABLE OF CONTENTS
1.
STATEMENT OF WORK; ACCEPTANCE OF RISK
D-2
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
D-3
3.
COMPENSATION
D-4
4.
COMMENCEMENT OF PROJECT
D-4
5.
TIME OF THE ESSENCE
D-4
6.
CHANGES
D-4
7.
NOTICE TO PROCEED
D-5
8.
BONDS
D-5
9.
WARR.ANTIES
D-5
10.
INDEPENDENT CONTRACTOR
D-5
11.
LIQUIDATED DAMAGES/DELAYS
D-5
12.
DIFFERING SITE CONDITIONS
D-6
13.
VARIATIONS IN ESTIMATED QUANTITIES
D77
14.
PROGRESS PAYMENTS
D-7
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
D-7
16..
AFFIDAVITS OF SATISFACTION OF CLAIMS
D-8
17.
WAIVER OF CLAIMS
D-8
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
D-8
19.
WORKERS COMPENSATION INSURANCE
D-8
20.
INSURANCE
D-9
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
D-9
22.
DEFAULT & TERMINATION
D-9
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
D-10
24
NON -ASSIGNABILITY
D-10
25.
CITY EMPLOYEES AND OFFICIALS
D-10
26.
STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
D-10
27.
NOTICES
D-10
28.
CAPTIONS
D-10
29.
IMMIGRATION
D-11
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
D-11
31.
ENTIRETY
D-12
ATTACHMENT NO. 2
D-1
0
E
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE 17TH STREET STORM DRAIN, PHASE I (CC 845)
TABLE OF CONTENTS
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY", and,
a California Corporation,
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT" more fully described as the 17th Street Storm Drain from Pacific Coast Highway
to Walnut Avenue in 16th Street in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at his own expense, all labor, plans, tools, equipment,
supplies, transportation, utilities and all other items, services and facilities necessary to complete
and construct the PROJECT in a good workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the prosecution
of work, and for all other risks of any description in connection with the work, including, but
not limited to, all expenses incurred by or in consequence of the suspension or discontinuance
of work, except such as are herein expressly stipulated to be borne by the 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).
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2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all 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 opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this agreement by this
reference, with the same force and effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual provisions,
including those on file in the office of the Director of Public Works of CITY and adopted by
the City Council of CITY, and any revisions, amendments or addenda thereto;
D.. The 1991 edition of Standard Specifications for Public Works Construction,
published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all
amendments thereto, written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California District Associated General
Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions to
Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda applicable
to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if
indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR
to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid
or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
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3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for
the faithful performance of this Agreement, subject to any additions or deductions made under
the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ),
as set forth in the Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding
delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance
of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract Documents
for all shop drawings, details and samples, and do all other things necessary and incidental to
the prosecution of its work in conformance with the progress schedule set forth in the Contract
Documents. CONTRACTOR shall coordinate its work with the work of all other contractors,
subcontractors, and CiTY forces working on the PROJECT, in a manner that will facilitate the
efficient completion of the PROJECT and in accordance with the terms and provisions. of this
Agreement. CITY shall have complete control of the premises on which the work is to be
performed and shall have the right to decide the time and order in which the various portions
of the work shall be performed and
the priority of the work of other contractors, subcontractors and CITY forces and, in general,
all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the
premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not
been agreed upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to the
DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to
such cost proposal, the work shall be performed according to the changes ordered in writing by
the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
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order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under this
Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY.
CITY :does not warrant that the work will be available on the date the Notice to Proceed is
issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
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CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance
of the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount
of one hundred percent of the contract price to guarantee payment of all claims for labor and
materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this Agreement
including, but.not limited to, any workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect
in the work, shall have the option to make appropriate repairs or replace the defective item or
items. Upon expiration of such ten (1% day period, CITY may then make appropriate repair or
replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees and all business licenses,
if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical
and extremely difficult to ascertain and determine the actual damage which CITY would sustain
in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will
pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars
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($250) per day for each and every working day's delay in completing the work in excess of the
number of working/calendar days set forth herein, which represents a reasonable endeavor by
the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain
in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may deduct the amount thereof from any monies
due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay
(unless the DPW shall grant a further period of time prior to the date of final settlement of the
Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time
for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work by
the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials
required by this Agreement to be furnished to CITY, or by damage caused by fire or other
casualty at the job site for which CONTRACTOR is not responsible, or by the combined action
of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such --delay.
No - claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such conditions are
disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing materially
from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent to work of
the character to be performed under this Agreement. The DPW shall promptly investigate the
conditions and if it finds that such conditions do materially so differ and cause an increase or
decrease in the time required for performance of any part of the work under this Agreement,
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whether or not changed as a result of such conditions, an equitable adjustment shall be made and
the Agreement modified in writing accordingly.
(2) Time Extension: No claim of the CONTRACTOR under this Section shall be
allowed unless the CONTRACTOR has given the notice required hereunder, provided, however,
the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to
the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon completion
of the PROJECT, if the actual quantities used are either more than or less than the quantities
listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The
DPW may, at its sole discretion, when warranted by the facts and circumstances, order an
equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of the PROJECT are in variation to the quantities listed in
the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50 %) or more of the value of the work as_ determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (100%) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for which payment is demanded has
been performed in accordance with the terms of the Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price shall
not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial ownership
and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of
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securities equivalent to the amount of any monies withheld by CITY to ensure performance
under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement, CONTRACTOR
shall file with the DPW its affidavit stating that all workers and persons employed, all firms.
supplying materials and all subcontractors upon PROJECT have been paid in full and that there
are no claims outstanding against PROJECT for either labor or material, except certain items,
if any, to be set forth in an affidavit covering disputed claims, or items in connection with
Notices to Withhold which have been filed under the provisions of the statutes of the State of
California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence,
One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two
Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
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20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance.' All insurance shall
be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CTY as Additional
Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect
during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a
designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000).
In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any
known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its
subrogation rights against CITY and agrees to provide certificates evidencing the same.
21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies. will not be canceled or modified without thirty (30)
days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying. the foregoing insurance coverage shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the terms of this
Agreement. CITY or its representative shall at all times have the right to demand the original
or a copy of all said policies. of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance policies hereunder required.
A separate copy of the additional insured endorsement to each of CONTRACTOR's
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with diligence,
or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or violates any provision of this
Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice
of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other
remedy it may have, terminate this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event
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CITY may make good the deficiency in which the default consists and deduct the resulting costs
from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed hereunder,
or upon earlier termination of this Agreement, all original plans, specifications, drawings,
reports, calculations, maps and other documents pertaining to this Agreement shall be delivered
to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,
or any part hereof, or any right or duty created herein, without the prior written consent of
CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090
et seq.
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs and
necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or
any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or
not CITY is named in an action to enforce such stop notices. CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to
be made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
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29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
REST OF PAGE NOT USED
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31. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CONTRACTOR:
California
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print name
ITS: (circle one) Chairman/President/Vice President
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Director of Public Works
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