HomeMy WebLinkAboutJ A SALAZAR CONSTRUCTION COMPANY - 2000-09-05Lj
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
TO: THOSE LISTED HEREON
FROM: Rick Olson, Water Distribution Supevisor
SUBJECT: RETENTION PAYMENT
Meter Box Replacement Project WSC-015 L.,A �A %
J. A. Salazar Construction
DATE: April 26, 2001
The conformed copy of the Notice of Completion for the above contracts has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is
made. Processing of the retention payment is recommended so long as no stop
notices or outstanding invoices are on file with the City.
certify that no stop notices are on file on the subject at this time.
Date: �/Z
ROBERT F. BEARDSLEY, Public Works Director
I certify that there are no outstanding invoices on file.
Date: L/730 -J)
SHAF4tVEl`4kICH, City Treasurer
I certify that no stop notices are on file on the subject contract, and that a guaranty
bond has been filed.
Date:
zler,�
CONNIE BROCKWAY, City CleA
pc: "Progress Payments"
s.ad min.shei Ia. rolson.retenfion payment
APR-27-2001 10:38 WATER OPERATIONS
7148471067 P.03/04
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach. California 92648
Subject. Certificaffon of Comprionce with Title V11 of the Civil Rights
Act and Equal Employment opportunity ACt of 1972
Gentlemen,
The,undersimed, conlrqctor on
( w5c-o
Prot'e'ct No.
Title
I
i, � t
0'? 30
Y!
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and
guards employed by him or by any subcontractor performing work under the contract
on the project have been paid wages at rates not less than those required by the
contract provisions, and that the work performed by each such laborer, mechanic,
apprentice or trainee conformed to the classifications set forth in the contract or
training progra provisions applicable to the wage rate paid.
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Signalt,u"RI'an"R
s.adgT�n.shoila.rolson.COfUfiC2bQWOOmPliance
APR-27-2001 10:38 WATER OPERATIONS 7148471067 P.04/04
DECLARATION OF SATISFACTION OF CLAIMS
1, , state:
1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully
described in the publi k ntract entitled fticb�
and dated � `� or , �I — % I (i
2. All workers and persons employed, all firms supplying materials, and all subcontractors for
the above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in connection with Notices to Withhold,
which have been filed under the provisions of the statutes of the State of California: (if none,
state "NONE"),
I declare under penalty of dury that the foregoing is true and correct.
Execu�d at 17-V —on this day of 2001.
(Signatu
s.adrfgn.sheila.rolson.deciamtionofsatisf�3cfion
TOTAL P.04
Recorded in Official Records, County of Orange
4
Gary Granville, Clerk -Recorder
WHEN RECORDED MAIL TO: 111111111111111111111111111111111111111111111 NO FEE
CITY OF HUNTINGTON BEACH 20010162349 09:59am 03/21/01
Office of the City Clerk 110 3 N12 1
P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington
Beach, California to J. A. Salazar Construction Co. who was the company thereon for doing the
following work to -wit:
WSC-015 — WATER METER BOX REPLACEMENT PROJECT
This project includes the replacement of damaged or broken water meter boxes located in the sidewalk,
at various locations throughout the City
That said work was completed March 5, 2001 by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by
the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
March 5, 2001.
That upon said contract Travelers Casualty and Surety Company of America was surety for the bond
given by the said company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this I 5th day of March, 2001.
2;�� �&�
City Clerk and ex-officio Clerk
le.�
of the rity Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA
County of Orange ss:
City of Huntington Beach
1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing
NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and
regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City
Council.
Dated at Huntington Beach, California, this 1 Sth day of March, 2001.
1tity Clefk and _&-6ificio Clerk --
of the Ciiy Council of the City
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
I?
I cf
Of
CITY OF HUNTINGTON BEACH
MEETING DATE: 3/5/01 DEPARTMENT ID NUMBER: 01-025
Council/Agency Meeting Held: A3- M-0)
Deferred/Continued to:
)<Approved 0 ConditiorLally
/Approved U Denied
1-No �— b —_-I ( MMpE Ala Mg qT Xad� 11 JX?Zlity Cler 0 Signature
Council Meeting Date: 3/5/01 Department ID Number: 01-025
1 1
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME
SUBMITTED BY:
6-4PREPARED BY:
SUBJECT:
RAY SILVER, CITY ADMINISTRATOROF&-,�O
ROBERT F. BEARDSLEY, Director of Public Wo
ACCEPT THE WATER METER BOX REPLACEMENIT PROJECT
WSC-015, AND FILE A NOTICE OF COMPLETION
IStatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City accept the completed J. A. Salazar Construction
contract for the Water Meter Box Replacement Project, WSC-01 5?
Funding Source: Funds in the amount of $26,670.31 were budgeted in Water Fund
Account 50685805.83700.
Recommended Action: Motion to:
1. Accept the Water Meter Box Replacement Project WSC-015 at a final cost of $26,670.31,
and authorize the City Clerk to file a Notice of Completion with the County's Recorder's
Office.
Alternative Action(s): None.
Analysis: On September 5, 2000, the City Council awarded a contract to J. A. Salazar
Construction in the amount of $25,412.50 for the Water Meter Box Replacement Project.
The adopted budget also included $2,540 for change orders, and $7,047.50 for supplemental
expenses for a total of $35,000. The improvements are now complete per the approved
plans and specifications. Therefore, the Director of Public Works recommends acceptance
of the project and requests the City Clerk to file the Notice of Completion.
01-025 March 5 Olson (Notice Completion Water Meter Boxes) -2-
2123101 12:08 PM
6, 1 ?-r
REQUEST FOR COUNCIL ACTION
MEETING DATE: 3/5/01
DEPARTMENT ID NUMBER: 01-025
The following is a summary of the final project costs:
Council ADt)roved
1. Contract Amount $25,412.50
2. Change Orders $2,540.00
3. Supplemental Expenses $7,047.50
$35,000.00
Environmental Status: Not applicable.
Attachment(s):
RCA Author: Rick Olson, phone extension 5453.
Actual Expenditures
$25,412.50
$1,257.81
$0.00
$26,670.31
01 -025 March 5 Olson (Notice Completion Water Meter Boxes) -3-
2123101 12:08 PM
I
%0
� CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 15, 2001
Gary Granville
County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702
Enclosed please find a Notice of Completion to be recorded and returned to the Office of the
City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-
addressed, stamped envelope.
Sincerely,
Connie Brockway, CIVIC
City Clerk
CBJh
Enclosure: Notice of Completion —WSC-015 —Water Meter Box Replacement Project —J. A Salazar
Construction Company
(Telephone: 714-536-5227)
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington
Beach, California to J. A. Salazar Construction Co. who was the company thereon for doing the
following work to -wit:
WSC-015 — WATER METER BOX REPLACEMENT PROJECT
This project includes the replacement of damaged or broken water meter boxes located in the sidewalk,
at various locations throughout the City
That said work was completed March 5, 2001 by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by
the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
March 5, 2001.
That upon said contract Travelers Casualty and Surety Company of America was surety for the bond
given by the said company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 1 5th day of March, 2001.
r
r�
City Clerlk and ex-officio Cl I,
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA
County of Orange ss:
City of Huntington Beach
1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing
NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and
regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City
Council.
Dated at Huntington Beach, California, this I Sth day of March, 2001.
tity Clerk and ex-o ido Clerk —
of the City Council of the City
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
-Huntington Beach, CA 92648
RICA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Accept the Water Meter Box Replacement Project WSC-
015, and File a Notice of Completion.
COUNCIL MEETING DATE:.
March 5, 2001
RCA ATTACHMENTS
STATUS
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
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed Ln full by the City Attomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
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
Find ings/Conclitions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator (Initial)
City Administrator (initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
RCA Author:
RECEIVED BY:
(Name) j
s, 0
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
Jeffrey Hughes (ext. 5260)
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
ATTN: Jim Slobojan, Deputy City Treasurer
FROM: �ov-vl \�bk�
DATE: 12.-'ZO- 2.000
SUBJECT: Bond Acceptance
I have received the bonds for
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
-94�
MSC No.
619
bt IKAZ-KCpo�TAklorl� C-0
(Company Name)
83103341646
e-3 � 6 33V �4 �
Approved Agenda Item No
(Council Approval Date) City Clerk Vault No.
SA 6CO. 75
j�F�' Oto� Ile
V;A
c ryo;
g:fjah/bondlefter.doc
I"e CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK -
LETTER OF TRANSMITTAL OF ITEAI APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: - December 20, 2000
TO: J. A. Salazar Construction Co.
Name
14937 Rayfield Dr.
Street
La Mirada, CA 90638
City, State, Zip
ATTENTION: Jose Salazar
DEPARTMENT:
REGARDING: Construction Contract -
Water Meter Box (WSC-015)
See Attached Action Agenda Item E-4 Date of Approval 9-5-0o
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
4 e4't V�
Connie Brockway
City Clerk
Attachments: Action Agenda Page
x Agreement
x
Bonds x
Insurance X
RCA
Deed
Other
CC: R. Olson
DPW
X
X
X
bonds
Name
Department
RCA
Agreement
Insurance
Other
S. Freidenrich
Treas.
X
bonds
Name
Department
RCA
Agreement
Insurance
Other
Name
RCA
Agreement
Insurance
Other
Department
_Te Mendoza
RCA
X
Agreement
Insurance
X
Other
Department
X
Risk Management Dept.
Insurance
(Telephone: 714-536-5227)
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND J. A. SALAZAR
CONSTRUCTION COMPANY FOR THE INSTALLATION OF
WATER METER BOX REPLACEMENTS AT VARIOUS
LOCATIONS IN THE CITY OF HUNTINGTON BEACH (WSC-0 15)
THIS AGREEMENT, made and entered into this 5t:h day of
Septernber — 2000, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY", and A. J.
SALAZAR, a sole proprietorship, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred
to as "PROJECT," more fully described as the installation of meter box replacements at
various locations in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services.
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR agrees to replace various water meter boxes in number and
location set forth in Exhibit A hereto, in conformity with City of Huntington Beach
Standard Plan 217 and the documents attached as Exhibit A hereto.
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description in connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension
G100agree/meterbox/8/7/00
or discontinuance of work, except such as are herein expressly stipulated to be borne by
CITY, and for well and faithfully completing the work within the stipulated time and in the
manner shown and described in this AGREEMENT, and in accordance with the
requirements of CITY 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 they are actually perforined, in accordance with the stipulated prices
named in the Bid Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this AGREEMENT and the Contract Documents (as
hereinafter defined), the location of the job site, and the conditions under which the work is
to be performed, and that it enters into this AGREEMENT based upon its investigation of
all such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this
AGREEMENT by this reference, with the same force and effect as if the same were set
forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be
bound by said Contract Documents insofar as they relate in part or in any way, directly or
indirectly, to the work covered by this AGREEMENT.
"Contract Documents" as defined herein mean and include:
A. This AGREEMENT;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special
contractual provisions, including those on file in the office of the Director of Public Works
of CITY and adopted by the City Council of CITY, and any revisions, amendments or
addenda thereto;
2
GJ00agree/meterbox/8/7/00
D. The 1997 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
"Alf);
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 that is in
conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full
compensation for the faithful performance of this AGREEMENT, subject to any additions
or deductions made under the provisions of this AGREEMENT or the Contract
Documents, a sum not to exceed Twenty Five Thousand, Four Hundred Twelve Dollars
and fifty cents ($25,412.50), as set forth in the Contract Documents, to be paid as provided
in this AGREEMENT.
3
G:/00agree/meterbox/8/7/00
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 the PROJECT
to completion within thirty (30) working days from the day the "Notice to Proceed" is
issued by DPW, excluding delays provided for in this AGREEMENT.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this AGREEMENT and each and every provision of the Contract
Documents.
CONTRACTOR shall prepare and obtain approval as required by the
Contract Documents for all shop drawings, details and samples, and do all other things
necessary and incidental to the prosecution of its work in conformance with the progress
schedule set forth in the Contract Documents. CONTRACTOR shall 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
DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform
all work necessary within the scope of the PROJECT as DPW may require in writing.
Under no condition shall CONTRACTOR make any changes without the written order of
4
G100agree/meterbox/8/7/00
DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not
been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to DPW a written cost proposal reflecting the effect of the change. Should
DPW not agree to such cost proposal, the work shall be performed according to the
changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the
parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will
promptly issue an adjusted change order to CONTRACTOR and the contract price will be
adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this AGREEMENT unless and until a Notice to Proceed has been given to
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 CONTRACTOR shall be limited to
a time extension equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this
AGREEMENT, furnish the following three bonds approved by the City Attorney: One in
the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's
faithful perforinance 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
CONTRACTOR unconditionally guarantees all work done under this
AGREEMENT including, but not limited to, any workmanship, installation, fabrication,
5
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material or structural facilities constructed. CONTRACTOR, within ten (10) days after
notice by CITY of any defect in the work, shall have the option to make appropriate repairs
or replace the defective item or items. Upon expiration of such ten (10) day period, CITY
may then make appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not an 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 ($250) per day for each and every working day's
delay in completing the work in excess of the number of calendar days set forth herein,
which 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
6
G:/00agree/meterbox/8/7/00
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 DPW shall grant a further period of time prior to the date of final
settlement of the AGREEMENT), notify 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 DPW shall be conclusive on the parties
hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the
work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting
for materials required by this AGREEMENT to be furnished by CITY, or by damage
caused by fire or other casualty at the job site for which CONTRACTOR is not
responsible, or by the combined action of the workers, in no way 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 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 materials 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: CONTRACTOR shall promptly, and before such
conditions are disturbed, notify DPW in writing of:
7
G100agree/meterbox/8/7/00
(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. DPW shall
promptly investigate the conditions and if it finds that such conditions do materially so
differ and cause an increase or decrease in the time required for performance of any part of
the work under this AGREEMENT, whether or not changed as a result of such conditions,
an equitable adjustment shall be made and the AGREEMENT modified in writing
accordingly;
(2) Time Extension: No claim of CONTRACTOR under this
Section shall be allowed unless 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 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. DPW may, at its sole discretion, when warranted by the facts
and circumstances, order an equitable adjustment, upwards or downwards, in payment to
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, DPW shall ascertain the facts and circumstances and
8
G100agree/meterbox/8/7/00
make such adjustment for extending the completion date as in its judgment the findings
warrant.
14. PROGRESS PAYMENTS
Each month 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 DPW, faithfully executed
fifty percent (50%) or more of the value of the work as determined from the bid schedule,
and if DPW finds that satisfactory progress has been and is being made, 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 DPW, affirming that the
work for which payment is demanded has been performed in accordance with the terms of
the AGREEMENT and that the amount stated in the certificate is due under the terms of
the AGREEMENT. Partial payments on the contract price shall not be considered as a
acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and
deposit therewith of securities equivalent to the amount of any monies withheld by CITY
to ensure performance under the terms of this AGREEMENT.
9
G100agree/meterbox/8/7/00
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this AGREEMENT,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors working upon the
PROJECT have been paid in full and that there are no claims outstanding against the
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, officials, employees and agents from and against any and
all liability, claims, damages, losses, expenses, judgments, costs and demands, however
caused, including but not limited to concurrent active or passive negligence, 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, caused in whole or in part by any negligent act or
omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, except where caused
by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR
will conduct all defense at its sole cost and expense.
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
10
G100agree/meterbox/8/7/00
employer to be insured against liability for workers' compensation; CONTRACTOR
covenants that it will comply with such provisions prior to commencing perfonriance of the
work hereunder.
CONTRACTOR shall maintain workers' compensation insurance in an
amount of not less than One Hundred Thousand Dollars ($ 100,000) bodily injury by
accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by
disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by
disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall
furnish to CITY a certificate of waiver of subrogation under the terms of the workers'
compensation insurance and CONTRACTOR shall similarly require all subcontractors to
waive subrogation.
20. INSURANCE
In addition to the workers' compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and ftimish to CITY, a policy
of general public liability insurance, including motor vehicle coverage covering the
PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and
employees, while acting within the scope of their duties, against any and all claims arising
out of or in connection with the PROJECT, and shall provide coverage in not less than the
following amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of $ 1,000,000 per
occurrence. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than $ 1,000,000 for this PROJECT.
Said policy shall name CITY, its agents, officers, employees and volunteers as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
G100agree/meterbox/8/7/00
h.-
11
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
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 coverages as required by this AGREEMENT; said
certificates shall:
I . provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force;
3. promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
4. state as follows: "The above detailed coverage is not subject to any
deductible or self -insured retention, or any otherform of similar type
limitation. 11
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
AGREEMENT. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt
and timely manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and
G100agree/meterbox/8/7/00
th.-
12
volunteers as Additional Insureds shall be provided to the City Attorney for approval prior
to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt
or makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this AGREEMENT or the Contract Documents, CITY may give notice in
writing of its intention to terminate this AGREEMENT. Unless the violation is cured
within ten (10) days after such Notice of Intention has been served on CONTRACTOR,
CITY may, without prejudice to any other remedy it may have, ten-ninate this
AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR,
CITY may elect not to terminate this AGREEMENT; in such event CITY may make good
the deficiency in which the default consists and deduct the resulting costs from the progress
payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this AGREEMENT, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
AGREEMENT shall be delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
AGREEMENT, or any part hereof, or any right or duty created herein, without the prior
written consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this AGREEMENT. No officer or employee
G100agree/meterbox/8/7/00
kh.,
13
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 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 sections of this AGREEMENT are for convenience and
reference only, and the words contained therein shall in no way be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this
AGREEMENT.
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 8 U.S.C. Section 1324a regarding employment verification.
14
G100agree/meterbox/8/7/00
30. LEGAL SERVICES SUBCONTRACTING PROH1131TED
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.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and
provisions of this AGREEMENT or to secure the performance hereof, each party shall bear
its own attorney's fees.
REST OFPAGE NOT USED
15
G100agree/meterbox/8/7/00
32. 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.
J. A. SALAZAR CONSTRUCTION
Co
Us
REVIEWED AND APPROVED:
�� 1-149199-4
Cit<Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
'M -A
ATTEST:
e�xl� ow-114/
CityClerk
APPROVED AS TO FORM:
*15, t' City Attorney
19,760
/,I -V-00 r-�
:7AT7ED AND PROI
Director of Public W
170
16
GJ00agree/meterbox/8/7/00
EXHIBIT A
SECTION C
PROPOSAL
for the
WATER METER BOX REPLACEMENT PROJECT
at
VARIOUS LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH
WATER SERVICES CONTRACT No. WSC-015
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 30 working days, 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
PROJECT BID SCHEDULE
Item
Estimated
Item with unit price
Extended
No.
Quantity
written in words
Unit Price
Amount
70
Remove and replace City furnished Water
Meter Box in existing sidewalk, per City of
Huntington Beach Standard Plan 217.
$ 2-54).
$
@ Z-1lars
Cents
Per ea.
2
2,110
Remove and replace concrete sidewalk, per
City of Huntington Beach Standard Plan 217.
S 3
s.-.-7 C
rl�Eg2- (1,x _Dollars
S�j Cents
SF
Per SF
Note: Construction Change Orders (additive or deductive) Shall be Based Upon Unit
Price.
RE
c-2
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 G QhAn)p in the amount of $ 3; L-10�0 .. 4-6 which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. Date Received Bidder's Signature
c-3
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name andAddress of Subcontractor State License Class
of Work I I Number
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-4
1� . I ( I NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
b fi st uly sworn, deposes and says that he or she is
ein d
of , , A. -S"-2,o� 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,
c6nnived, 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.
I t-"5��F S�
Address of Bi8der
Subscribed and sworn to before me this day of 200(.. d� VK)Lr ARM
CanTision 4 11 7-M
7 t4otav PJA-. — caftn-ft
LM AroWn COff#V
jW1M'yccrnmEg*mMw12.2Mj
NOTARY PUBLIC
NOTARYSEAL
c-5
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH,'CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the WATER METER BOX REPLACEMENT PROJECT at VARIOUS
LOCATIONS THROUGHOUT THE CITY OF HUNTINGTON BEACH WATER
SERVICES CONTRACT No. WSC-015, (1)(we)(it) will employ and utilize only qualified
persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission
facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code,
Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, isfamiliar 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.
Ott, I
Date: L)Lb
M11
Title
r
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14' ) 10.5, 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?
El Yes XNo
If the answer is yes, explain the circumstances in the space provided.
C-
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
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.
D ate: n -�ro
c-8
Contractor
By
ca:�� VZ.-
Title
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
0
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by US.A.
during the course of the Work Additionalforms may be obtainedfrom the AGENCY
upon request.
C-9
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
-,J - "'!" - -*)�
Bidder Name
Business Address
City,
U- &1�3
Telephone Number
*-Iq s5pnl
State Contractor's License No. and Class
i *,21-- �, - q -I
Original Date Issued
IZ-31— 2-t-510i
Expiration Date
State Zip
The work site was inspected by ii,,- of our office on Uj K' 2000.
The following are persons, firms, and corporations having a principal interest in this proposal:
GI
C-10
F,
The Undersigned is prepared to satisfy the Council of thr-4;4 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.
A,- A, L
Company N4ne
Sip
Printed or Typed Signature
Subscribed and sworn to before me this 17 day of 52004
V*LF ARCE--
Comkoon It I 12 W4
Way RAAC — Ccarorrft
L03 ArX*n County
MV CanM ExpNes Ma 12.20M
NOTARY PUBLIC 144
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:
(a6 61-\
Name and Address of Public Agency 00;r 0 c., 1?� C qr
Name and Telephone No. of Project Manager:
"I —
Contra`�*t Amount IType of Wor� Date Completed
2.
L"u
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
of Work
M
2- - ,
Date Completed
3. L� �i, A 6yyct,� 1)-e 0-� '2,0 5 c7� I 1'k 6Vr"Ci, 01% qo5c
NamJ arid Address of Public Agency I
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
CA I J
SECTION D
SAMPLE CONTRACT
D-1
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POLICY NUIMBER:
CGNMOMIAL GENEtAL LIABIU7Y
TRIS ENDORSEMENT CHkNGES THE POUCY, PLZASE RLAD Xr CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESEES OR
CONTRACTORS (FORM B)
This cndorsernmit rrodifies insurance provkled under the followirg
COMME.KULAL GENWAL LIABUTY CO VERAGE PART
SCHMULE
Nam of pmon or Organintioir City of Huntington Beach
its Agents, officers and Employees
as additional insured as their interest
may appt-ar
2000 Main Street
Huntington Beach, Ca. 92648
(If no ercry appears above, informa6w required to wmplete this endcrsmem will be show in the
deJcamdotwas applicable. to Us en.dorsemeat.)
W f-K) IS Xk; ilms uRgo (SoWon n) is maxW to iidude as an insured the person or organization
sbown in the Sche"c, but only w6 moped to liability arisin�g out of"your work"for dW im.urad by or
ror you.
CG 20 10 1185 Cqpyri�X Insurance Services Oft'r, Inc. 1984
TOTAL P.01
NOU-30-2000 09:36 M BURNSIDE INS 96% P.01
CONTRACTOWS BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
FOR FAITHFUL PERFORMANCE Harfford, Connecticut 06183
Bond No.83103349646
KNOW ALL MEN BY THESE PRESENTS -
That we, J.A. Salazar Construction Co.
as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized
under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become
sole surety on bonds and undertakings, as Surety, are held andfirmly bound unto
City of Huntington Beach as Obligee,
in the full and just sum of Twenty Five Thousand Four Hundred Twelve and 50/100
Dollars, ($25,412.50--- ), lawful money of the United States of America, to be paid to the said Obligee.
successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors,
successors, administrators and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 23rd day of August -)*000 -
THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract
or is about to enter into a contract with the said Obligee
as is more specifically set forth in said contract, to which contract reference is hereby made.
NOW, THEREFORE, if the said P(incipal shall well and truly do the said work, and fulfill each and every of the
covenants, conditions and requirements of the Said contract in accordance with the plans and specifications, then the
above obligation to be void, otherwise to remain in full force and virtue.
J.A. Salazal Co
a
Eidern, Jr.
.�S TO FORMU
I'T
TY AND SURETY COMPANY OF AMERICA
y AttorneY
r
TOTAL P.02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stateof ItWifornia
CoUnty of Orange
Gn August 23. 2000 before Me, Daniel Huckabay. Notary Public
00kTE WAV- TM OF OFFICER - EG-'AAK DOE- #40TMY PUBLIC'
Ralph Ejjem, Jr.
personally appeared WMEMOFSOW-RM
personally known to me - OR - El 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 hetshetthey executed
the same In his/her/their authorized
DANIEL HUCKABAY capacity(ies), and that by his/hdr/their
148010
COMM. #12 signature(s) on the instrument the person(s),
NOTARY PUBLIC - CAIJFORNIA M
ORAWE COUNTY A or the enfity upon behalf of which the
My COMM. Exp, Jan'=j person(s) acted. executed the instrument
WITNESS my hand an o Icial 1.
IGWME0440TAW
� OP110NAL -
11tough the daft below is not required by law. It may prove vaksable to pemons reWwV on the docunumA and co&A prevem
fraudulerrt reaftchmett of Mis form.
CAPACITY CLAIMED BY SIGNER
C1 INDIVIDUAL
[:1 CORPORATE OFFICER
TITLE(S)
El PARTNER(S) El umrMD
X;IATrORNEY4N-FACT 0 GENERAL
El TRUSTEE(S)
0 GUARDIANICONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
KWE OF PERSONM Olt EKM"
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 23. 2000
DATE OF DOCUMENT
SIGNER(S) OTHM THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
stateof lt�;afifornia
County of Orange
CAI August 23. 2000 before Me. Daniel Huckabay, Notary Public
CAM WAV- TME OF 0FF$MR-F-G--JN4E 00E- NOTAW PUaLlc*
personally appeared Jose Sajjzar
El personally known to me - OR 47fZ- roved to me On the basis Of Satisfactory evidence
P
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/hdr/their
signature(s) on the instrument the person(s),
.... .... .. or the entity upon behalf of which the
DANIEL HUCKA13AY
C
COMM. #1248010 > person(s) acted. executed the instrument
Z NOTARY Rex - CAUFOFNA
ORAWX COUNTY
L MY Comm. Exp. Jan.1, 2OD4
WITNESS my hand n id seal.
7. V7���
SKMTUM0Ft40TAW
OPTIONAL
llxxVh the claw below is not reqt*ed by law. It may pcme vaksaWe to pemons refyM on dwe documeM and oould preveM
fraudulerd reatWchrnerg of tWis form.
CAPACITY CLAIMED BY SIGNER
C3 INDIVIDUAL
[:1 CORPORATE OFFICER
-nnk(s)
PARTNER(S) WAITED
GENERAL
ATTORNEY4N-FACT
TRUSTEE(S)
GUARDIANICONSERVATOR
El OTHER:
SIGNER IS REPRESENTING:
WME0FftFtS0NM0REffUTYQM
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 23. 2000
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
I
R -1'.gQn fAM4%
PAYMENT BOND -Public Works
SECTIONS 3247 - 3252, CMI. CODE
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
Travelers Casualty and Surety Company of America
Hartford, Connecticut 06103
Bond No.83103349646
Premium $762.00
THAT WHEREAS, The State of California, acting by and through the City of Huntington Beach
has awarded to
J.A. Salazar Construction Co.
as Contractor, a contract for the work described as follows:
Water Meter Box Replacement Project - WSC-01 5
AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of
claims of laborers, mechanics, materialmen. and other persons as provided by law.
NOW, THEREFORE, We the undersigned Contractor and Surety are hold and firmly bound unto the State of California in
the amount required by law, the sum of Twenty Five Thousand Four Hundred Twelve and 50/100
($25,412.50--- ) Dollars, for which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under
the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant. or
(3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages
of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of
the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not
exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be
fixed by the court, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a dght of action to
such persons or their assigns in any suit brought upon this bond.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as
designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 23rd day of August 192000
GAIL HUT 111 01�
CITY ATTOPID7Y
By:
De- X City Attorne�,
WCit
$-2061-B (07-97)
TRAVEL UALTY AND SURETY COMPANY OF AMERICA
By
RalRtidem. Jr. Attorney-In-Fac,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stateof �-'alifornia
C
.oUnty Of Orange
C
.Aj August23.2000 before Me. Daniel Huckabay, Notary Public
GA'm KMW- ME OFOWCER -F-G- OM NOTA" ftOL10-
personally appeared Ralph E�dern, Jr. KAWM0FS1GWP&(M
FIA3e nally known to me - OR - 1:1 proved to me on the basis of satisfactory evidence
I - rso
Al
DANIEL 7VjUCKAS��l
CoMtA #12480lu
1AIA,
LORANGE
EY0 2W4
EYO, jm,i, 04
Own
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that hetsheAhey executed
the same In his/her/their authorized
capaclty(ies), and that by his/hdr/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s)acted. executed the instrument
WITNESS my hand a7 eal
OP110NAL
Tbough the claft below is not reqt*ed by law. It may prove vaktable to pemns relyM on Me docunxwt and cotAd prevent
fraudulent reatWic� of tWis form.
CAPACITY CLAIMED BY SIGNER
El INDIVIDUAL
El CORPORATE OFFICER
TffLm)
El PARTNER(S) LIMITEI)
GENERAL
RNEY4N-FACT
TRUSTEE(S)
GUARDIANYCONSERVATOR
E10THER:
SIGNER IS REPRESENTING:
ftAW0FKftSo#0)oFtEKTffY(1M
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 23, 2000
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
'M'gqn fA^4*.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
state of Oalifornia
County of Orange
Gn August 23. 2000 before me. Daniel Huckabay. Notary Public
DATE Ymw_Tm OF OWICER -E-G,AAME OM NOTA" PUMIC"
personally appeared
Jose!E�al4zar
WMEMOFSOWMM
El personally known to me - OR - R1 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 helshe/they executed
the same In his/her/their authorized
capacity(ies). and that by his/hdr/t -heir
DANIEL HUCKABAY I
CoMM. #1248010 >-
signature(s) on the instrument the person(s),
NOTAW RMJC - CAUF W
ORAWE COU?M or the entity upon behalf of which the
my6;�m7E)j-ian.1,M person(s) 2cted, executed the instrument
WITNESS my hand d o Ida seal
SK0"TUFE0Ff4o1�AMf---
OPTIONAL
Tt"ugh tM deft below is not reqt*ed by law. It my prow vakable to pemom reWQ on the docunumA and cotild prevenk
frauduWA reaftachmerd of fts *xrn -
CAPACITY CLAIMED BY SIGNER
El INDIVIDUAL
El CORPORATE OFFICER
TM-E(S)
El PARTNER(S) El umtTEo
[I GENERAL
ATTORNEY -IN -FACT
El TRUSTEE(S)
EIGUARDIAWCONSERVATOR
EIOTHER:
SIGNER IS REPRESENTING:
UMAE OF PeP-SOHM OR EENnW"
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 23. 2000
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That J.A. Salazar Construction Co.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
BOND NO.83103349646
as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, gig
Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach
as Obligee, hereinafter called Owner, in the penal sum of $ 2 5, 4 12. 5 0 - -
� , for the payment whereof Contractor and -Surel
bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents,
WHEREAS, Contractor has byw(ittdn agreement, dated August 18, 2000
entered into a contract with Owner for
Water Meter Box Replacement Project - WSC-015
in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference
incorporated herein, and made a part hereof, and Is referred to as the Contract.
NOW, THEREFORE, the concifflonof this obligation Is such that, if Contractor shall remedy any defects due to faulty
materials or workmanship which shall appear Within a period of One year(s) from the date of substantial
completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full fbrce and
effect.
PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects With reasonable
promptness.
SIGNED and sealed this 23rd
IN THE PRESENCE OF;
S-2326-1 (07-97)
day of Augu s t
fZS '20 FORMn
GAIL HUTTON
CITY ATTORNEY
De VC1-tY Attorney
1 20.00
JkA. Salazar Construction Co.
(see
Principi
TPAVELEER-S COMPANY OF AIV19RIC�
I
By
Ral�p-h Eidem, Jr. Attormey4n-Fa
TOTAL P.02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State Of talifornia
Countyof Orange
C,n August 23. 2000 before Me. Daniel Huckabay, Notary Public
CATE WJAF-WnX0F0WK*R-F-G--4NtE 00E-#4GTAWftMjC-
personally appeared Ralph E�cjern, Jr.
Z-personally known to me - OR - 0 piroved to me on the basis of satisfactory evideno-e
to be the person(s) vvhose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that helshefffiey executed
the same In his/her/their authorized
:)AMEL HUCKABAY
capacity(ies), and that by histhdr/their
COMM, #J2480iO
NMARY PUPILIC CAUFOr"A
signature(s) on the instrument the persm(s),
ORA,41E CMNIy
A4
Mv cwm'
or the entity upon behalf of which the
the instrument
person(s) acted, executed
WITNESS my hand;4�01ciaflseal�
I ----------
SGIATUREOFHOTAW
OP-nONAL
Ttmugh the deft below Is not reWred by law. It alay pcvve vakmble to persons relyvV on #* doourrxxt and could prevent
fraudtilent reaftichrnent of this foffn.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
El CORPORATE OFFICER
MME(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
/1�"TTORNEY4N-FACT
0 TRUSTEE(S)
El GUARDIAWCONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
KAW OF PEP-SONM Oft EKffrYQM
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 23. 2000
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stateof talifornia
County of Orange
On August23.2000 before Me. Daniel Huckabay, Notary Public
CATE KAW- MnE OF OMCER - F-G, -JAJd-: 00E- NOTARY PUBLIC -
personally appeared Jose Sa[4zar
WAMEMOFSOHMM
1:1 personally known to me - OR - 01-proved to me on the basis of satisftctory evidence
to be the person(s) whose name(s) Ware
subsaibed to the within instrumentand ac-
knowledged to me that helsheAhey executed
the same In his/her/their authorized
capacity(ies), and that by his/hdr/their
signature(s) on the instrument the person(s),
or the enfity upon behalf of which the
comm.
> 4� 10 >- person(s) acted, executed the instrument
< NOTMY RAW . F A §
JAM I, 2W4 WITNESS my handand id seal.
SK;F"TURE OF 140TAFII
OPTIONAL
Ttmugh the daW below Is not reW*ed by law. It ffwy prom vakmble to pemwn relying on the doaxnect and could preverd
fraudulett reatta� of tWis form.
CAPACITY CLAIMED BY SIGNER
El INDIVIDUAL
0 CORPORATE OFFICER
MUM
El PARTNER(S) UMITED
GENERAL
El ATTORNEY -IN -FACT
El TRUSTEE(S)
0 GUARDtAWCONSERVATOR
EIOTHER:
SIGNER IS REPRESENTING:
WMEOFMMONMOREMUNOM
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 23. 2000
DATE OF DOCUMENT
SIGNER(S) OTKER THAN NAMED ABOVE
'KQn 441441
TRAVELERS CASUALTY AND SURETY COMPANY OF AM[ERICA
TRAVELERS CASUALTY AND SURETY COMPANY Bond No.83103349646
FARNIINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Ralph Eidem, Jr., of Anaheim, California, their true and lawful Attomey(s)-in-Fact, with
fall power and authority hereby conferred to sign, executp and acknowledge, at any place within the United States, the following
instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the
Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and
all the acts of said Anorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vicc President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by One or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(5-00 Standard)
6 Al�j 0,40A)
J
CITY OF HUNTINGTON BEACH
MEETING DATE: September 5, 2000 DEPARTMENT ID NUMBER: PW 00-068
Council/Agency Meeting Held:
Deferred/Continued to:
8 Approved 13 Conditionally Approved U Denied
7-0
City Clerki Signature
Council Meeting Date: September 5, 2000
Department ID Number: PW 00-068
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR
PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKSV>'!P
SUBJECT: Approve Water Service Contract for the Water Meter Box
Replacement Project; WSC 015
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: On July 18, 2000, the City Clerk received and opened bids for the
Water Meter Box Replacement Project and the project now stands ready to award.
Funding Source: Water Fund, $35,000 is budgeted in E-EW-PW-924-6-59-00.
Recommended Action: Motion to:
1 Approve the low responsive/responsible bid submitted by J.A. Salazar Construction
Company for the Water Meter Box Replacement Project; and
2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in
the amount of $25,412.50; and
3. Authorize the Director of Public Works to expend a total of $35,000, including the
contract amount of $25,412.50, change orders in the amount of $2,540, and
supplemental expenditures of $7,047.50.
Alternative Action(s): Cancel the construction project, or authorize the rebidding of the
project.
Analysis: The purpose of this project is to replace damaged or broken water meter boxes
thereby reducing the potential liability caused by such meter boxes. The project targets
water meter boxes located in the sidewalk, at various locations throughout the City. 6"4
rca olson water meter box.doe
511
08/23100 3: 18 PM
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE INSTALLATION OF METER BOX REPLACEMENTS AT VARIOUS
LOCATIONS IN THE CITY OF HUNTINGTON BEACH '
THIS AGREEMENT, made and entered into this day of
2000, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
a hereinafter referred to
as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred
to as "PROJECT," more fully described as the installation of meter box replacements at
various locations in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1 . STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall fin-nish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description 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
00agree/meterbox/4/24/00 SAMPLE
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 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 they are actually performed, in accordance with the stipulated prices
named in the Bid Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND
SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar'with all the tenns,
conditions and obligations of this AGREEMENT and the Contract Documents (4s
hereinafter defined), the location of the job site, and the conditions under which the work is
to be performed, and that it enters into this AGREEMENT based upon its investigation of
all such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this
AGREEMENT by this reference, with the same force and effect as if the same were set
forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be
bound by said Contract Documents insofar as they relate in part or in any way, directly or
indirectly, to the work covered by this AGREEMENT.
"Contract Documents" as defined herein mean and include:
A. This AGREEMENT;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special
contractual provisions, including those on file in the office of the Director of Public Works
of CITY and adopted by the City Council of CITY, and any revisions, amendments or
addenda thereto;
D. The 1997 edition of Standard Specificationsfor Public Works
Construction, published by Builders'News, Inc., 3055 Overland Avenue, Los Angeles, CA
2
00agree/meterbox/4/24/00 SAMPLE
90034, and all amendments thereto, written and promulgated by the Southern California
chapter of the American Public Works Association and the Southern California District
Assckciated 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
"All);
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated
in the Plans or indicated in the Plans and not mentioned in the Specifications, shall'be of
like effect as if indicated and mentioned in both. In case of discrepancy between,any plans,
specifications, special provisions, or addenda, the matter shall be immediately submitted by
CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as
"DPW"), without whose decision said discrepancy shall not be adjusted by
CONTRACTOR, save only at its own risk and expense.
Should there be any conflict between the terms of this AGREEMENT and
the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing
herein shall be considered as an acceptance of the terms of said bid or proposal which is in
conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full
compensation for the faithful performance of this AGREEMENT, subject to any additions
or deductions made under the provisions of this AGREEMENT or the Contract
Documents, a sum not to exceed
Dollars ($ ), 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 the PROJECT
3
00agree/meterbox/4/24/00 SAMPLE
to completion within (___) working days from the day the "Notice to
Proceed" is issued by DPW, excluding delays provided for in this AGREEMENT.
. 5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this AGREEMENT and each and every provision of the Contract
Documents.
CONTRACTOR shall prepare and obtain approval as required by the
Contract Documents for all shop drawings, details and samples, and do all other things
necessary and incidental to the prosecution of its work in conformance with the progress
schedule set forth in the Contract Documents. CONTRACTOR shall 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 thisAGREEMENT. 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 -
DPW. CONTRACTOR agrees to make any and all changes, fumish materials and perform
all work necessary within the scope of the PROJECT as DPW may require in writing.
Under no condition shall CONTRACTOR make any changes without the written order of
DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not
been agreed upon in writing by DPW.
4
00agree/meterbox/4/24/00 SAMPLE