HomeMy WebLinkAboutNOBEST, INC. - Repair/Replacement of Street improvements Along Trident Lane, Catalina Cr. & Castle Dr. - MSC-389 - Notice of Completion 6/15/98 - 1997-09-15TiCe .Totes "�
Office of the City Cterk -
Huntington Beach, Cafifornia,
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City g of Huntington Beach
INTER -DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
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TO: THOSE LISTED HEREON';
FROM: ADMINISTRATIVE SERVICES, Accounting and Records ' �-<
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SUBJECT: 10% RETENTION PAYMENT -n ���n
DATE:
The conformed copy of the Notice of Completion for the above contract has been
filed. The thirty-five (35) day waiting period has elapsed or will elapse before
payment is made. Processing of the 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
DAN T. ALLELLA, Director of Finance
I certify that no stop noticeste�or fil n t subject at this time.
Date:
Public Works Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date:
CONNIE BROCKWAY, City erk
certify that there are no outstanding invoices on file.
Date: % 17
RI I DENRICH, City Treasurer
0011042.01 04/08/98 1:15 PM
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City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
I
Cms� - 3891 TMlvur),-,- L i c�,TA- L, Ctrs . cAsT7tS -!>'-;t DUE -
Project No. Title
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 contractor training program provisions applicable to the wage rate paid.
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DECLARATION OF SATISFACTION OF CLAIMS
nlo15G'5T--G .
1�o-DLA&JD "7'R--Z , state:
I am the general contractor for the City of Huntington Beach, as to the project more fully
-, CASE pR w,E
described in the public works contract entitled ZMPS op TRi Demur WI GA7�taw,�4 CtR ,
and dated 9 —9 — 9 7
2. All-Nvorkers 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 "NIONE'')
No"E -
I declare under penalty of perjury that the foregoing is true and correct.
Executed at G 'oRpcW 4;RP1715 on this 1t day of 11991.8
• Recorded in the Cou� of Orange, California
Gary L. Granville, Clerk/Recorder
No Fee
CITY OF HUNTINDG ON BEACH 005 28010809 2MAIL TO: 899$e399706 12 ; 51pm 06/24/98
Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0.00
0.00
P. O. Box 190
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,ahat.the contract heretofore"awarded-b'the City -Council -of the -City of -
Huntington Beach, California to Nobest, Inc., who was the company thereon for doing the following work
to -wit:
Street Improvements Along Trident Lane, Catalina Circle, and Castle Drive - MSC-389
That said work was completed June 15, 1998 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,
June 15, 1998.
That upon said contract Contractors Bonding and Insurance Company 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 V'J
Government Code Section 6103 and should be recorded free of charge. 4
Dated at Huntington Beach, California, this 17th day of June, 1998.
City Clerk and ex-offcio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was
duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said
City Council.
Dated at Huntington Beach, California, this 17th day of June, 1998.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
G/followup/ccnoc
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WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
-.� • ; .� _ �- , t veil
�Yi'i t •'.L: iY d G
Recoorded IiIInII the County of Orange, California
Gary L. Granville, III��IIIIIIIIII�II�I�IIIIIIIIIIIIIIIIIIIIII�I�IIIIII�II�I III Clerk/Recorder
Fee
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19980399706 12:81pm 06/24/98
005 28010809 28 30
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
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 Nobest, Inc., who was the company thereon for doing the following work
to -wit:
Street Improvements Along Trident Lane, Catalina Circle, and Castle Drive - MSC-389
That said work was completed June 15, 1998 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,
June 15, 1998.
That upon said contract Contractors Bonding and Insurance Company 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 17th day of June, 1998.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, 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 17th day of June, 19Z'63,."4)
City Clerk and ex-officio Clerk
of the City Council ofthe City
of Huntington Beach, California
b6! .
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113 11NliH
G/fol lowup/ccnoc
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 17, 1998
Gary Granville
County Recorder
P. O. Box 238
Santa Ana, California 92702
Dear Sir:
CALIFORNIA 92648
Enclosed please find a Notice of Completion to be recorded and returned to the Office of
the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California
92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the
enclosed self-addressed, stamped envelope.
Sincerely yours,
Connie Brockway
City Clerk
CB/jc
Enclosure.: Notice of Completion - MSC-389 - Nobest, Inc.
ccnocd1tr\\MSC-3 89cg
1 Telephone: 714-536-5227 )
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WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
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 Nobest, Inc., who was the company thereon for doing the following work
to -wit:
Street Improvements Along Trident Lane, Catalina Circle, and Castle Drive - MSC-389
That said work was completed June 15, 1998 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,
June 15, 1998.
That upon said contract Contractors Bonding and Insurance Company 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 17th day of June, 1998.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, 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 17th day of June, 1998.
City Clerk and ex-officio Clerk
of the City Council ofthe City
of Huntington Beach, California
G/followup/ccnoc
JW OF HUNTINGTON BEACH*
MEETING DATE: June 15, 1998
DEPARTMENT ID NUMBER: PW98-24
Council/Agency Meeting Held: G / 51.7 g
Deferred/Continued to:
❑ Ap roved Q Conditionally Approved ❑ Denied
CG LoL - q
1'7� City Clerk's Signature
Council Meeting Date: June 15, 1998
Department ID Number: PW98-24
SUBMITTED TO:
MITTED BY:
n� PREPARED BY:
SUBJECT:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
HONORABLE MAYOR AND CITY COUNCIL MEMBERS •/
RAY SILVER, CITY ADMINISTRATORor,..�
DARYL D. SMITH, ACTING DIRECTOR OF PUBLIC ORKS
ACCEPT THE COMPLETED STREET REPAIRS ON CASTLE,
CATALINA AND TRIDENT (MSC- 389)
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Nobest Incorporated has completed the reconstruction and improvements on Trident Lane,
Catalina Circle, and Castle Drive.
Funding Source:
Revenues of $522,000 were encumbered last fiscal year in fiscal Account E-SF-PW-974-6-
32-00 (Materials, Streets).
Recommended Action:
Motion to accept the project and authorize the City Clerk to file the Notice of Completion.
Alternative Action(s):
Deny acceptance of improvements.
Analysis:
On September 15, 1997, Council awarded a construction contract to Nobest Incorporated for
the reconstruction and improvements of Trident Lane, Catalina Circle, and Castle Drive. The
reconstruction and improvements are complete, at a final costs of $427,593.95 (see
98RCA24.doc -2- 06/04/98 1:43 PM
�j�
RELNEST FOR COUNCIL ACTIOV
MEETING DATE: June 15, 1998
DEPARTMENT ID NUMBER: PW98-24
Summary below); therefore, the Acting Director of Public Works recommends acceptance of
the improvements and requests that the City Clerk be authorized to file the Notice of
Completion.
COST SUMMARY
x�COUN�CILrACTUi4L J
r APPROVED
CONTRACT WORK $393,402.00 $403,392.00
CHANGE ORDERS 39,340.00 6,057.00
INCIDENTAL EXPENDITURES 89,258.00 18,144.95
TOTAL CONTRACT, $52200000 `„°j $427T593', 95
*One of the streets included in this project is Castle Drive. Prior to the resurfacing of this
street, there were many dips in the pavement. As part of this project, staff directed the
contractor to fill in all the dips to insure a smooth surface. This task necessitated an
additional cost of $6,042.80 for asphalt materials.
Environmental Status:
N/A.
Attachment(s):
RCA Author: Daryl Smith / Don Noble.
98RCA24.doc -3- 06/04/98 1:43 PM
EXPLANATION(Why is this RCA necessaryID to this agenda?):
�JtiP /, l rf. w ^ aww � N.,C % " 'mil f) r kvv. a.P'C nm- .
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Sign
i
)artment Head
Initials
Required
RApproved O Denied 'Approved O Denied
Asst. City Administrator I City'lMministrator I
REQLATE.DOC n711ais4
RCA FrOUTING SAEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
ACCEPT THE COMPLETED STREET REPAIRS ON
CASTLE, CATALINA AND TRIDENT
(MSC- 389)
COUNCIL MEETING DATE:
June 15, 1998
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 in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved 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
.. ..
EXPLANATION FOR RETURN OF ITEM:
I have received Bid Bonds for Sequel Contractors, Inc., - Federal Insurance Company,
All American Asphalt - Safeco Insurance Company of America, Kalban, Inc. - Fidelity
and Deposit Company, E.A. Mendoza, Inc. - Continental Casualty Company, Damon
Construction Company - Fireman's Fund Insurance Companies, Kovac, Inc. - Insurance
Company of the West.
Re: MSC-389 - Repair of Castle, Catalina and Trident Streets
Action Agenda of August 4, 1997 attached.
Dated: q -
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N.:
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(California
1 Los Angeles
3-97 before me, Bonnie Lane, Notary Public
(DATE) (NAME, TITLE OF OFFICER • I.E.. "JANE DOE. NOTARY PUBLIC')
appeared Miron Kalebj ian, President &
(NAME(S) OF SIGNER(S))
ry of KALBAN, INC.
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CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL(S
(M CORPORATEPresident_&
Sec.
OFFICER(S) —
❑ PARTNER(S) (TITLE(SI)
ly known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT
to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S)
scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR
BONNIE LAN_a !' to me that he/she/they executed the same in ❑ OTHER: _.
comm!s>!on e I I05&r his/her/their authorized capacity(ies), and that by
Notary P ::,C: — cc"crT his/her/their signature(s) on the instrument the
!-c person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING:
person(s) acted, executed the instrument. (NAME OF PERSON(S) OR ENTTTY(IES))
Witness my hand and official seal. LBAN ,__ INC .
---
(SEAL) (SIGNATURE OF NOTARY)---------
RY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document
-IFICATE
1TTACHED
)CUMENT
D AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Date of Document
IRPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FINGERPRINT—Rey. 12.92 a 1992 WOLCOTTS FORMS. IIIC
• .... NA ................
Fidelityand Deposit Company
HOXE OFFICE OF MARYLAND BALTIMORE, MD. 21203
BID BOND
KNOW ALL LIEN BY THESE PRESENTS:
Thatwe,....Kal-ban,...Inc..--•----•---••---•-•-----•----------•-------•-----------------------------•-•-------------------.........--•---•----............---•---•---.---••-
-------------------•----..........---------..........--------•-------------•--------------------------•------....-•-•-•-•--------------------..........-•--•--•-•--.....--•--------...............
............................................................................................... as Principal, (hereinafter called the "Principal"), and
the FIDIELITY 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
unto .......... Q.i.1iy...Qf..Hunti.ngton... each
.................................•-••---......................................-•-•-•-•--•---•-•-•---.............................-•------•----•--•------•---•--...................................
-------••---•-------------•--•-•-•-----......---------•-•-•---•-•--.......-•---•-•-------•-•--•-------------••....as Obligee, (hereinafter called the "Obligee"),
in the sum of..Ten..Percent _of__the _Amount_ of the Bid Dollars ($.......... 1Qq........... ),
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 ..... Reconstructi on.... f Three..Streets._.i n..............
................... untZngtan... Be. Qh...------•----------------------------------------------------------------------------------•----------------....------....------.........
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 ..................... 29th.............................. day of ..... August ................................. A.D.
Kalban, �•................... ......(SEAL)
/ - P inc pal
....--.-----••---------•---------------•--••-------•--------.....................•---------
Witness By.� /
........
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FIDELITY AND DEPOSIT COMPANY OF MARYLA
curet v
..................................................................•---........................ B -.. .. .... ...............(SEAL)
li•'itttess T'�'
Richard Adai r,Attorney i n ! Et
`'31 d-1,(0,..
A.I.A. Dat:::r.c:;: No. A-310 February 1070 ti:d;:.":,.
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) S.S.
COU14TY OF Los Angeles )
on August 29,1997 , before me,
Bronwyn Murdock. notary public , personally appeared
1-4
Z(_ personally known to me;
or proved to me on the basis of satisfactory evidence to be
the person()s) whose name(m) is/akv subscribed to the within
instrument and. acknowledged to me that he/**W,t,, executed the
same in his/kart tkiegr authorized capacity(i ax) , and that by
his/kmx�i kmAx- signature(x) on the instrument the persons) or the
entity upon behalf of which the person(m) acted, executed the
instrument.
WITNESS my hand and official seal.
(SEAL)
i
ature of a y u lic
CAPACITY CLA ED BY SIGNER:
000eeooeoeoeeoeeoe000e00000000s000000
BRONWYN MURDOCK
R COMM. #1106048 a
S NOTARY PUBLIC - CALIFORNIA S
2 LOS ANGOFS COUNTY 2
$ Arty Comm• DOM July 22. 2000
oe000eoeeeeoeooeoeooeooeoo0e990009991
Though statute does not require the notary to fill in the data
below, doing so may prove invaluable to persons relying on the
document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
� y Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
and
and
Limited General
Signer is representing: Surety
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this
certificate to unauthorized document.
Title or type of document:
Number of pages:
Date of document
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE
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 Richard Adair of Los Angeles,
California
agent and Attorney -in -Fact, to make, execute,
any and all bonds and undertakings...
on its behalf as surety, and as its act and deed:
And the execution of such bonds or undertakings in pur of these bibs, shall be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been ecuted owledged by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper s. Thi wer of attorney revokes that issued on
behalf of Richard Adair, dated_ st 20 7.
the extrgr;} orth on the reverse side hereof is a true copy of Article VI, Section
force.
and tart Secretary have hereunto subs 2 h their names and affixed the
C OF MARYLAND, this-----------------_-_M______-----___—_--day of
L%srr COMPANY OF MARYLAND
The said Assistant Secretary does hereby ce `
2, of the By -Laws of said Company, and is
IN WITNESS WHEREOF, the said Vic -
Corporate Seal of the said FIDELITY A PO:
----March ------ , A.D. 19
o' �' FIDEL AND
ATTEST: �SHAL�
STATE OF MARYLAND
COUNTY OF BALTLMORE `
By &,"-A :::A
Vice -Pt• sidenl
On this___ 12th... day of... March ___, A.D. 1916 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.
CAROL J. FADER Notary Public
My Commission
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 hereupr�q subscribed my name and affixed the corporate seal of the said Company, this
day of. ------------- A U gU 5 t---------------- 19--- /
------------------------------------- ----------------
Assistant Secretary•
L1428c 012-3605
f� CHUVJ GROUP OF INSURAfDE COMPANIES
CHIJBB 15 Mountain View Road, P. O. Box 1615, Warren, New Jersey 07061-1615
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. Amount $
Know All Men By These Presents,
That we,
Sequel Contractors, Inc.
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the sum of Ten percent of the total amount of the bid Dollars
($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 22nd day of . August
A. D. nineteen hundred and 97
WHEREAS, the Principal has submitted a bid, dated August 29 , 19 97
for Improvements of Trident Lane, Catalina Circle, and Castle Drive
(MCS 389)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.
CoSequel .
r • r�
FEDERAL INSURANCE COMPANY
By. l{.
Doug A. Rapp
Atto ey in Fact
PRI TED
Form 15-02.0002 (Rev. 4-90) M-241. CM) U..n.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 8/22/97 before me, Christine M. Rapp, Notary Public
Date Name, Title of Officer - e.g. "Jane Doe, Notary Public"
personally appeared Doucjl as A- RalD
Names(s) of Signer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
mac. C `• � � .�� C
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document.
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s)
_Corporate
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
Partner(s) —Attorney-in-Fact
_Other
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
(908) 580-2000
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna
Hills, California------------------------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under
the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private;
bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous
Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. -
a Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused
these presents to be signed by its. Vice President and Assistant Secretary and its corporate seal to be hereto affixed
this loth day of • March 1994
Corporate Seal .,
Kenneth C. Wendel
Assistant Secretary
STATE OF NEW JERSEY ss
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
Vice President
On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known
and by- me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company,
and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed
by authority of said By -Laws and in deponent's presence.
Notarial Seal
o�
w
Acknowledged and Sworn to before me
on the date above written.
Notary Public
7�BT A. 9CAYl7fn
20" Pnl:tic, S41t3 of .T4, Iesmy
No. ZQ•`••jSZO
+IDeirg0� Fxpira: Ott f 2, 1994
PRIN O
Form 1540-M30 (Rev. 10.93) GENERAL M-55627 (500) uATA.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
042 lWoreme, MICHAEL A. MAHLER, NOTARY PUBLIC
Date Name, Title of Officer - e.g. "Jane Doe, Notary Public"
personally appeared Thomas S. Pack, V.P. & Secretary
Names(s) of Signer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
MICHAEL A. MAHLER
COMM. #1135375
NOTARY PUSUC-CALlrO ' A
LOS ANGELES COUNTY_)PV (%- N
hir Comm Exp. AprH 24. 2001 '
Signature of Notary r - J
-
ATTENTION NOTARY: although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s)
_Corporate
Officer(s)
.ridc(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ics)
—Partner(s) —Alto rney-in-Fact
_Other
CERTIFICATION
STATE OF NEW JERSEY
County of Somerset ss.
I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true
excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By -Law
is in full force and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company
which It is authorized by law or its charter to execute, may and shall be executed In the name and on behalf of the Company
either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant
Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any
resolution of the Board of Directors or the Executive Committee; or in any power of attorney executed as provided for in
Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf
of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice
President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such
officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman,
President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com-
pany may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries
or Attomeys-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 with respect to any bond or undertaking to which it is attached:'
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In each
of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with
the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted
or required by law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power
of Attomey_is in full force and effect.
Given under my hand and the seal of said Company at Warren, N.J., this 22nd day
Of August
1 ,?
Corporate Seal
Assistant erota
U
•
IA ALL-PURPOSE ACKNOWLEDGMENT
of CALIMRNIA
.y of RIVERSIDE
before me, PATRICIA M. MRONAWr NOTARY PUBLIC
NAME. TIRE OF OFFICER - E.G„ •JANE DOE. NOTARY PUBLIC'
appeared ROBERT BRADLEY
NAME(S) OF SIGNER(S)
Ily known to me
to be the person) whose name( is/W
subscribed to the within instrument and ac-
knowledged to me that he/,1;11~ executed
the same in his&mVt3t4r authorized
capacity4k)t, and that by his/
signature on the instrument the person(lo,
or the entity upon behalf of which the
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
INDIVIDUAL
X0 CORPORATE OFFICER(S)
VICE PRESIDENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
—�- PA1RK A K C"!�t
person acted, executed the instrument.
1I0WU"""' !
SIGNER IS REPRESENTING:
Nofty Publid — Caftmb
WITNESS my hand and official seal.
NAME OFPERSON(s)ORENTITY(IES)
odeC0j*
I ter coffm Epee Jun 20. 200D
ALL AMERICAN ASPHALT
'fry` f
i
S
SIGNATURE OF NOTARY
OPTIONAL SECTION
CERTIFICATE MUST BE ATTACHED TO
TITLE OR TYPE OF DOCUMENT 4
50CUMENT DESCRIBED AT RIGHT:
—�
NUMBER OF PAGES DATE OF DOCUMENT �
the data requested here is not required by law,
�prevent
fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE S
01992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
I�
•
69E ACKNOWLEDW.I.E.MT
CALIFORNIA
ORANGE
119-97 BARBARA J. BENDER NOTARY PUBLIC
before me,
1 To NAME, TITLE OF OFFICER . E.G.,'dANE. DOE, NOTARY PUBLIC
lappeared OWEN M. BROWN
NAMEi
I) () r
ty known to me • 9N?*0ij)Wd®i
to be the person( whose name(i j is/Mr
subscribed to the within instrument and
.i��:i�}:"�ik1'd:4'•:1:`:fS1ir�':�c:7�'»�!7E5,,,,P
cknowledged to me that he/xkakft
executed the same In his/bras t brgk
;authorized capacitv((*, and that by
BARBARA J. BENDER I��jf slgnaturetl� on the instrument
COMM.1097138 W e person(i), or the entity upon behalf of
R
NOTARY PUBLIC-CALIFORNIA�,yORANGE COUNTY ,.. whIC a personK). -ICted, executed the
Y COMAt EXP. JUL 13. �oOO r &Wuumont. A
No.$179
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
[:]CORPORATE
OFFICER(S)
TITLE(S)
❑ PARTNER(S) [].LIMITED
❑ GENERAL
IM ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
SAFBCO INSURANCE COMPANY
OF AMERICA
SIGNATUQE JTARY
'ARY,. Although the information meouested below is OPTIONAL, it could aevent fraudulent anachment of this ceniflcate to an unauthorized document.
'IFICATE Title or Type of Document BID BOND
►TTACHED Number of Pages 1 Date of Document 8-19-97
)CUMENT
D AT RIGHT: Signer(s) Other than Named Above ALL AMERICAN ASPHALT
SS
V 992 NATIONAL NOTARY ASSOCIATION - 8298 Rommel Ave„ P.O. Box 7184 9 Canoga Park, CA 919D4•
MSAFSCO-6
BID BOND
Conforms with The American Institute of Architects,
A.I.A. Document No. A-710'
KNOW ALL BY THESE PRESENTS, That we,
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
BOND NO. 562 73 59
ALL AMERICAN ASPHALT
as Principal, hereinafter 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 (S 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f irmly by these presents.
WHEREAS, the Principal has submitted a bid for
RECONSTRUCTION AND IMPROVEMENTS OF TRIDENT LANE,
CATALINA CIRCLE & CASTLE DRIVE, PROJECT NO. MSC-389
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
such
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.
1
19th
►igned and sealed this day of
f
Witness
BID DATE: AUGUST 29, 1997
,
I
1
i ..
Witness
AUGUST
, 19 97
ALL AMERICAN ASPHALT (Seal)
Principal
Title
SAFECO I OF AMERICA
• B Attorney -in -Fact
—8030
tD Registered traaemerx of SAFECO Corpset:cn,
10120 PRINTED IN U.u.d.
POWER
OF ATTORNEY
SAFECO�
KNOW ALL BY THESE PRESENTS:
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
NONnun ■ KKK K NM K K KK KK KKOWEN M. BROWN, Anaheim, Ca l l f orn l aKK K KK«KK KKKK KKKK MK K K KK K K KK K K KK K K K_KK K KKK
its true and lawful attorneys) -in -tact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE
COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home
office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 4 t h
CERTIFICATE
day of January , 1993
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:"
I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the
By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are
true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 19th day of
AUGUST
19 97
S-1300/EP 1/93 N_ _ - Registered trademark of SAFECO Corporation.
•
CNA INSURANCE COMPANIES
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we
E. A. MENDOZA, INC.
, Principal.
and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS
Obligee,
in the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID---------
Dollars($10% OF BID---- )
for the payment of which we bind ourselves, our legal representatives, successors and assigns.
jointly and severally, firmly by these presents.
for
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a co► tiacl
"RECONSTRUCTION/ IMPROVEMENTS OF TRIDENT, CATALINA AND CASTLE DRIVE,
#MSC.389"
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within
such time as may be specified, enter into the contract in writing and give such bond or bonds as
may be specified in the bidding or contract documents with surety acceptable to Obligee; or if
Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of
such failure not exceeding the penalty of this bond, then this obligation shalt be void; otherwise
to remain in full force and effect.
Signed, sealed and dated
AUGUST 22, 1997
G-23054-A
CNA
Fnr A 11 I hr Corn m i1 mrnLq 1-nu Metke'
E. A. MENDOZA, INC.
(Seal)
Principal
A
STATE OF CALIFORNIA
COUNTY OF ORANGE
On S "1-1 , before me, _
M. TREDI.NNICK, NOTARY PUBLIC
PERSONALLY APPEARED Ta,(Li racnrlpeA-
personally known to me (or proved to me on the basis of
satis actory evl ence to a the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
V. TREDINNiCK
� COMM. �1053088 'g
NOTARY FU8UC -CALIFORNIA g
ORANGE COUNTY
Yes C"M Expires Yu. 28. it"
This area for Official Notarial Seal
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
TrrLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
i -081 Rev.F/44 ALL-PURPOSE ACKNOWLEDGEMENT
' continental Casualty Company
•
CNA
For All Ilr Comenilnwm• loo NAY«•
AN ILLINOIS CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
laws of the State of Illinois, and having Its principal office In the City of Chicago, and State of Illinois, does hereby make, constitute
and appoint Michael A Quigley, Individually
of Riverside. California
Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings
and other obligatory instruments of similar nature
In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of
Directors of the Company.
"Article IX —Execution of Documents
Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates
attorneys -in -fact to act In behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory
instruments of like nature. Such attorneys -in -fact, subject to the limitations set fonh in their respective certificates of authority, shall
have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorney -in -fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. .
"Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted pursuant to Section 3 of Article IX of the By-laws, and the signature of the Secretary or an Assistant Secretary
and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and
bindina on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to he signed by its Vice President and its
corporate seal to be hereto affixed on this 26th day of July . 19-88 .
State of Illinois I �SEAL
County of Cook ( ss
CONTINENTAL CASUALTY COMPANY
all %(
J. E. Punell Vice President.
On this 26th day of July 19 88 , before me personally came
J. E. Purtell, to me known, who, being by me duty sworn, did depose and say: that he resides in the Village of Glenview. State of Illinois; that he Is
a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows
the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said Instrument
is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
c%. c-o�
? �4
NOTARY N ell
PUBLIC T
Linda C. Dempsey Notary Public.
CERTIFICATE My Commission Expires November 12, 1990
1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above
set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of
Directors; set forth in said Power of Attorney are still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seat
of the said 22ND AUGUST 97
Company this day of t9 .
US"4,.
1=1 "yWA•"
G =••• George R. Hobaugh Assi nt Secretary
J SEAL
N
Form 1-23142-8
INV. NO. G-59200-B
STATE OF _
COUNTY OF
CALIFORNIA
ORANGE
AUGUST 22, 1997
SS.
, before me, H. TREDINNICR, NOTARY PUBLIC
PERSONALLY APPEARED 14ICHAEL A. QUIGLEY
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowI-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
M. TREOINNNi
COMM, #1053088
NOTARY PUBLIC . CALIFORNIA
lliE COUNTY
Ri'M OVIL 4 log
This area for Official Notarial Seal
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
❑ PARTNER(S)
TME(S)
❑ LIMITED
❑ GENERAL
❑ AT TORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: _ --
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITYPES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
IF DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
'D-M1 Pe".6/94 ALL-PURPOSE ACKNOWLEDGEMENT
•
A [-I FIREMAN'S
FUND INSURANCE COMPANY
❑ THE AMERICAN INSURANCE COMPANY
❑ NATIONAL SURETY CORPORATION
FIREMAN'S FUND ❑ ASSOCIATED INDEMNITY CORPORATION
INSURANCE COMPANIES ® AMERICAN AUTOMOBILE INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:
That We, DAMON CONST. CO.
BID OR PROPOSAL BOND
BID DATE: 8/29/97
(hereinafter called the principal), as principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY a corporation organ-
ized and doing business under and by virtue of the laws of the State of MISSOIURI and duly licensed for the purpose of
making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Calif ornia
as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee)
in the just and full sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID
Dollars ($ 10% ) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, fuinly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand
in and submit to the obligee a bid or proposal for the RECONSTRUCTION AND IMPROVEMENTS OF TRIDENT LANE, CATALINE CIRCLE,:
AND CASTLE DRIVE MSC - 389
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 20TH
day of AUGUST
,19 97
Damon Const. Co.
By lJvvu�l
\1U
AMERICAN AUTOMOBILE INSURANCE COMPANY
By
P. BROOKS Attonwy-in-Fact
360277-4-81
•
0
T i
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On 8/20/97 before me, Margareta T. Hierl, Notary Public ,
DATE NAME, TITLE OF OFFICER • E.G., -JANE DOE, NOTARY PUBLIC -
personally appeared John P. Brooks
NAME(S) OF SIGNER(S)
❑x personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
- capacity(ies), and that by his/her/their
MARGARETA T. HIERL signature(§) on the instrument the person(s),
o C01'41 ,-#1045803 or the entityupon behalf of which the
3 '� h�ORA GEICOUNTYNIA d person(s) acted, executed the instrument.
�+ MY COMMISSION EXPIRES DEC. 9, 1998
WITNESS my hand and official I.
SIGNATURE OF NOTARY
OPTIONAL
No. 5907
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
N ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARD [AN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
/ V
•
•
.0 EN ERA L
POWER OF
ATTORNEY
AMERICAN AUTOMOBILE INSURANCE COMPANY
KNOW ALL MEN BY T14ESE PRESENTS: Trial AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under
the laws of the Stanc of Missouri, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by
these presents make, constitute and appoint
--- JOHN P. BROOKS ---
PASADENA CA
its true and lawful Attorney(s)-in-Fad, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking, recognizance or other written obligations in the nature thereof -----------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomcy(s)-in-Fad may do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full
force and effect.
"Article VII. Appofafmcat sad Authority of Resident Secretaries, Afforncy-ia-Fact and Agents to accept L.ega/ Process and Make Appesrsaeec.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vke-President or any other person authorized by the Board of
Dimccors, the Chairman of the Board of Diree(ors, the President or any Vtco-Presidcn( may, from time to time, appoint Residen( Assistant Secm(arics and
Attorneys -In -Fad to represent and act for and on behalf of the Corporation and Agents to acecpt legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority. The authority of such Residea( Assistant Secretaries, Attorneys -in -Fad and Agents shall be as prescribed in the instrument evidencing
tbelr appointment. Any such appointment and all authority granted thereby may be revolted a( any time by the Board of Directors or by any person empowered to
malie such appointmcnty
This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or
repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be afftxcd or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or_facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its
corporate seal to be hereunto affixed this 2 2 D aday of A it g i t r 19 94 .
j&_MERICAN AUTOMOBILE INSURANCE COMPANY
+'.W e w L ii t
By Vies -President
STATE OF CALIFORNIA
SS.
COUNTY OF MARIN
On this 2 2 n d day of August 19 9 4 , before me personally came M. A. Mallonee
to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the
Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said insttumene is such
corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto sd my hand and affixed my official seal, the day and year herein first above written.
OFFICIAL NOTARY SEAL
A. KRIEGER
'Lb Notary PuUI< — Cafilornla
MARIN COUNTY
My Comm. Exp. MAR 20,1995
STATE OF CALIFORNIA
SS.
COUNTY OF MARIN
Ntxary Public
CERTIFICATE
1, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full forcc and has not been revoked; and furthermore that Article VII, Sections
45 and 46 of the By-lawws of the Corporatic a, and the Resolution of the Board of Directors; set forth in the Power of Attorney, arc now in force.
Signed and scaled at the County uf 1N ..tin. Datcd the 20 th day of
l =L-'
August 19 97
Rnidcm Assisum Secs«uY
ztrn t 1 -AA-2-94
1
INSURANCE COMPANY OF THE WEST
P.O. Box 85563, San Diego, CA 92186-5563
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, KOVAC, INC. (hereinafter called the Principal), and
INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of
California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of California . as Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of
Ten ' Percent of Total Amount Bid Dollars 101 ) lawful money
of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and
submit to the obligee a bid or proposal dated August 29, 1997 for
STREET RECONSTRUCTION AND IMPROVEMENTS, MSC 389
In accordance with the plans ,and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
y.D1N,.jHEREFORE, 11 the bid or proposal of said principal shall -be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by
law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have.caused these presents to be duly signed and sealed this 21St
day of _ • August 02 �P, 19 97
Zenka Schutt:
Comm. #10e83"".
'WTARYPUBLIC C.417. a:-,::;f 0
ORk4W COunTv n
Comm 4- March 9. 2000 :�
KOVAC, INC.
9272 Cloud Haven Drive
Huntington Beac A 926,616
714 96 4 56
Bv: 2
B. Kovac, Prbsident
61
INS UR NCE C PANY 0
BY
C. Michael Henley
HE WEST
Attof'n'eyNjn-Fact
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint
C. MICHAEL HENLEY
its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 22nd day of November, 1994. which said Resolution has not been amended or rescinded and of which the following is a true copy:
'RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attomey to execute on behalf of the
Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company;
provided however, that the absence of the seal shall not affect the validity of the instrument
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses. the signatures and
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attomey, may be affixed by facsimile.'
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
2nd day of May 1995
```�pY►ar►°j,
4
CALspa+�
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
INSURANCE COMPANY OF THE WEST
On May 2nd. 1995 before me, personally appeared John L Hannum, Senior Vice President of INSURANCE COMPANY
OF THE WEEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed
the same in his official capacity army that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument
WITNESS my hand and official zeal.
`
NORMA PORTER
COMM. $952644 c1
U
rn a
NOTARY PUBU .C.VJF-0RNIA y
SAN DIEGO COUNTY 0
U -�� —
My Comrrussion Expires —
JANUARY 14.19%
CERTIFICATE:
Notary Public
1, E. Hamed Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that th original POWER OF ATTORNEY, of whictm
the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed y f ile un a authority of the above quotec
resolution.
�..
IN WITNESS WHEREOF, 1 have subscribed my name as Vice President is day of t9 �`
`�c��•+•�, INSURANCE COMPANY OF THE WEST
4• �
E. Harned Davis. Vice President
ICW 37
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Count y o A
f1 / A /before me, Carolann Wright
DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared C. Michael Henley ,
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and 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),
7 - CAROLANNMIGHT r or the entity upon behalf of which the
�, +y;_ Co'nmission 8 1067733
Z Notary Public—Calfornta person(s) acted, executed the instrument.
Los Ange{es County
L 2'4.
_ —►_ r r*+ Exaires Aug 6,1999
WITNESS my hapd anti official seal.
SIGNATURE OF NOTARY
OPTIONAL
No. 5907
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
State of California
County of
on before me,�
Notary Public, personally appeared
SS.
/YOZ
• ACKNOWLEDGMENT
• Y
(here Insert name)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within Instrument and acknowledged to me all 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 per-
son(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. Zenka Schuldi
0 Comm.. #1088832
0 ~ NOTARY PUSUC CAL:::0RNL1 n
ORANGE COUNTY ,�}
�j Carom EV. March 9 2000
Signature (oft secd)
ATTENTION NOTARY: Although the information requested below is OPTIONAL. It could prevent fraudulent attachment of this certificate to
another document.
THIS CERTIFICATE MUST BE ATTACHED Tifle or Type of Document
TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document
Slgner(s) Othec Than Named Above
LOS ANGELES
COUNTY
800 E. Colorado Btvd."
Pasadena. CA 91 101
(818) 304-2700
C-0--r-3)
Continental Lawyers Title Company
ORANGE
COUNTY
1015 N. Main St.
Santa Ana. CA 92701
(714) 835-5575
Subsidiary of
tawyersZideInsurance l ojporatIon
OFFICES IN:
INLAND EMPIRE
1845 Business Center Dr
Suite 200
San Bernardino
CA 92408
(800) 67&2582
SAM DIEGO
COUNTY
4542 Ruffner St.
San Diego, CA 92111
(619) 278-4171
SANTA BARBARA
COUNTY
200 E. COrrtno St.
Santa Barbara, CA 93101
(805) 965-7091
VENTVRA
COUNTY
751 Daly Dr., kft 100.
Canna ft CA 93010
(8181889b631
(805) 484-2701
TI.1100 (Mv. 4/94) Q
•
.7
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange }
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published' in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
August 14, 1997
August 21, 1997
August 28, 1997
declare,' under penalty of perjury, that
the foregoing is true and correct.
Executed on August 28, 1997
at Costa Mesa, California..
Signature ,
T379.5°
PUBLIC NOTICE
NOTICE INVITING
SEALED BIDS
MSC-389 .
Notice Is hereby given
that the City Council olives
City of.
Huntington Beach,
Callfornla will recelve
sealed bids for the recon-
struction and Improve-
ments of various local
streets In the City of Hun-
tington Beach, California In
accordance with the quan-
tities and specifications
and special provisions on
file In the office of the Di-
rector of Public Works,
Documents will be avall-
able on August Sr
1997. A charge of
$25.00, not refundable,
will be required for each
set of specifications 'and
accompanying drawings.
DIRECTOR OF PUBLIC
WORKS ESTIMATE
NOR. - ITEMS OF
CITY UNIT
1. REMOVE(DISPOSE OF
'ARKWAY TREES
103 EA
INSTALL ROOT BAR-
104 EA
3. REMOVE/DISPOSE OF
CURB AND GUTTER
6,431.64 LF.
4. REMOVE/DISPOSE OF
P.C.C. DRIVEWAY
14,122.75 S.F.
5. REMOVE/DISPOSE OF
P.C.C. SIDEWALK .
27,573 S.F.
6. REMOVEIDISPOSE OF
ASPHALT CONCRETE
10,433.36 S.F._
7. CONSTRUCT P.C.C.
CURB AND GUTTER
8,431.64 LF.
8. CONSTRUCT P.C.C.
DRIVEWAY
14,122.75 S.F.
9. CONS`TRUCT . P.C.C.
SIDEWALK
t 'r 20 297.76 S.F.
to. CONSTRUCT AS-
PHALT (CONCRETE
187.80 TON
11. REMOVE EXISTING
CROSS GUTTER-
3,550.50 S.F.
12. CONSTRUCT WHEEL-
CHAIR RAMP
3,917.20 S.F.
CONSTRUCT CROSS
3,550.50 S.F.
PARKWAY EXCAVA-
26,178.93 S.F.
5.. INSTALL WATER
IETER BOXES
104 EA
B. COLD PLANE
33,158.21 S.F.
7. LAY PETROMAT
125,295.84 S.F.
B. ONE & ONE - HALF.
4CH OVERLAY
. 1,127.65 TON
9. ADJUST WATER
14 EA
20. IRRIGATION SYSTEM
IN PARKWAYS
104 EA
21. TOP SOIL & RE -
SEED PARKWAYS
104 EA
In accordance with the
provisions of Section 1773
of the Labor Code, the
State of California, Director .
of the Department of Indus -
Mal Relations shall deter-
mine the general prevailing
rate of wages, applicable
to the work to be done;
copies of the latest general
wage rate determinations
are on file at the office of
the City Clerk and the of-
fice of the Public Works of
the City of Huntington
Beach, California.
Quantities and specifica-
tions, together with pro-
posal form, may. be ob-
tained at the office of the
Director of Public Works,
City Hall, Huntington
Beach, California.
No bid will be received
unless It Is made on a
blank form furnished by the
Director of Public Works.
The special attention of
prospective bidders Is
called to the - proposal re-
quirements, set forth In the
specifications, for full direct
dons as to the:bldding.
The above. quantities are
approximate only, being
given as a basis for the
comparison of bids, and
the City of Huntington
Beach does not express or
by implications agree that
the actual amount of work
will correspond therewith
but reserves the right to In-
crease or decrease the
amount of any class or por-
tion of the work, as may be
deemed necessary or ex-
pedient by the Director of
Public Works.
All bids will be corm:
pared on the basis of the
Director of Public Works
estimate of the quantities
of work to be done.
Substitution of securities
for any monies by the City'
to Insure performance shall.
be permitted In accordance
with provisions of the Call-
fomla Government Code,
Section 4590.
Each bid shall be made.
out on a form to be. ob-
talned at the office of the.
Director of Public Works,
Development Wing; 2000
Main Street, Huntington
Beach, California; shall be;
sealed and filed with the
City Clerk at the Chic Cen-
ter, Second Floor Adminis-
tration Building, 20W Main
Street; Huntington Beach,
California, on or before
10:00 a.m. of August
29, 1997, and shall be
opened , ;by a committee
composed.:. of the City
Clerk, the City Attorney and'
Director of Public Works or'
their authorized representa-
tive and the results of said
bidding will be reported to
the City Council of said
City of Huntington Beach at
their regular meeting to be
held on September,
1 the Sth' of 1997, at .
the hour of 7:30 p.m.
In the City Council Cham-
bers In the City of Hun.
ngton Beach and shall be '
acted upon by said City
Council at the regular
meeting of September
1 S, 1997
The City of Huntington
Beach, California reserves
the Fight to reject any or all
bids and to accept the bid
deemed for the best Inter.
est of the City of Hun-
tington Beach, Calltoml&
By order of the City
Council of the City of Hun-
tington Beach, California
this •August 4, 1997.
ATTEST:
Connie Brockway
City Clerk
Published Huntington
Beach -Fountain Valley In-
dependent August 14, 21,
28, 1997
082-135
(13) • 08/04/97 - Counclogency Agenda - Page 13
E-14. (City Council) Aparoval Of Contract Documents - Plans & Specifications &
Advertisement For Bids - Repair Of Castle Drive, Catalina Circle & Trident Lane -
MSC-389 - Approve Plans and Specifications and authorize the Public Works Director to
solicit construction bids for the repair/replacement of applicable public improvements
along Castle Drive, Catalina Circle and Trident Drive and approve the sample
construction contract subject to award of contract to lowest responsible bidder.
Submitted by the Public Works Director
[Approved 7-0]
E-15. (City Council) Resolution No. 97-57 -Sale Of Citv Owned Pronertv -Four Lots At
Atlanta Avenue/Nashville Avenues - 602 & 620 Yorktown Avenue & 2501 Enaland
Street - Adopt Resolution No. 97-57 - "A Resolution of the City Council of the City of
Huntington Beach, Declaring that the Public Interest and Necessity Requires the
Disposition of Certain Surplus Property." Declaring the following properties surplus and
ordering their sale in accordance with Section 3.06.010 of the Huntington Beach
Municipal Code. Submitted by the Deputy City Administrator -Administrative Services
Director Location: Four (4) lots at Atlanta/Nashville Avenues, 602 and 620 Yorktown
Avenue and 2501 England Street.
[Adopted 5-2 (Garofalo, Julien: No)]
E-16. (City Council) Bolsa Chica Letter Of Understandina -Deletion Of Citv Clerk's
Attestation Signature - Motion to approve the City Clerk's request to delete the City
Clerk's attestation signature line and her signature which in error she affixed to the
Bolsa Chica Development Letter of Understanding signed by Michael Dolder, Fire Chief,
Huntington Beach Fire Department, Ken MacLeod, Acting Director of Fire Services,
Orange County Fire Authority and Ed Mountford, Vice President, Koll Real Estate
Company, which on July 21, 1997 the City Council authorized only the Fire Chief to sign.
Submitted by the City Clerk
[Approved as amended to direct letter be sent by Mayor to include
letter dated 814197 contents -- 7-01
(13)
(15) • 09/15/97 - Counckency Agenda - Page 15
E-17. (City Council) Approval Of Grant Agreement Between The Citv Of Huntington
Beach And The Huntington Beach Conference & Visitors Bureau, Inc., (HBCVB)
For Fiscal Year 1997/98 For Public Relations Services (600.10) - Approve and
authorize execution by the Mayor and City Clerk of the Grant Agreement between the
City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau,
Inc. (HBCVB) for a twelve month Agreement for a total of $190,000. Submitted by the
Economic Development Director
[Approved 6-0 (Julien: Absent)]
E-18. (City Council) Bid Award - Nobest Inc., - Repair/Replacement Of Street
Improvements Alonq Trident Lane. Catalina Circle & Castle Drive - MSC-389 -
Approve Agreement (600.10) - 1. Accept the low bid submitted by Nobest Inc. for the
repair/replacement of applicable street improvements along Trident Lane, Catalina
Circle and Castle Drive; and 2. Approve a total project budget of $522,000. This
amount includes $393,402 for contract work, $39,340 for any unanticipated Change
Orders and $89,258 for incidental expenditures (i.e parkway trees, water meter boxes,
manhole lids, etc.) and approve and authorize execution of the agreement. Submitted
by the Public Works Director
[Approved 6-0 (Julien: Absent)]
E-19. (City Council) Final Tract Mar) No. 14352 Of Tentative Tract Map No. 14352 -Plaza
Almeria Subdivision - Between Main & Fifth Streets & Orange & Olive Avenues
(420.60) - 1. Approve Final Tract Map No. 14352 and accept the offer of dedication
and improvements and bonds (Developers Insurance Company) pursuant to findings
and requirements (Attachment No. 1) as set forth in the Request for Council Action
dated September 15, 1997; and 2. Approve the Subdivision Agreement between the
City and J. T. Development Company. L.L.C. and authorize execution by the Mayor and
City Clerk. Submitted by the Community Development Director
[Approved 5-1 (Sullivan: No)(Julien: Absent)]
E-20. (City Council) Declaration Of Conditions. Covenants And Restrictions For Prooert
(Resale Restrictions) - Affordable Housing Covenants For Greystone Keys Proiect
- Tract No. 14662 - (Seagate Drive - n/o Promenade Parkway - w/o Main Street)
(420.60) - Approve and authorize execution of the [Declaration of Conditions
Covenants and Restrictions for Property (Resale Restrictions)] (Affordable Housing
Covenants) for the Greystone Keys Project Tract No. 14662 by the Mayor and City
Clerk and direct the City Clerk to record with the Orange County Recorder (n/Garfield
Avenue - w/Main Street - e/Gothard Street) Submitted by the Community Development
Director
[Adopted 6-0 (Julien: Absent)]
(15)
F W
�a&;'� -�)"
qTY OF HUNTINGTON BEACIP
MEETING DATE: November 3, 1997 DEPARTMENT ID NUMBER: CY98-001
Council/Agency Meeting Held: 4/ .3 -97
Deferred/Continued to:
M Approved ❑ Conditionally Approved ❑ Denied
-o
City Clerk's Signature
Council Meeting Date: November 3, 1997
Department ID Number: CY98-001
SUB ITTED TO:
BMITTED BY:
V J
o
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION t
nl -t rm
HONORABLE MAYOR AND CITY COUNCIL MEMBERS oo
RAY SILVER, ACTING CITY ADMINISTRATOR � ° �'
d?�
1
PREPARED BY: �r LES M. JONES II,
DIRECTOR OF PUBLIC WORKS
Approve Amendment f/Repair & Replacement of ret Improveme7�!R
SUBJECT: Along Trident Ln., Catalina Cir., and Castle Dr. l
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Issue: The end of the fiscal year requires a reappropriation of the "incidental
expenditures" budget for MSC-389, the repair/replacement of street improvements along
Trident Lane, Catalina Circle and Castle Drive.
Fundinq Source: Measure M Funds.
Recommended Action: Motion to approve an amendment to the current year budget by
appropriating $89,258 for incidental expenses required on MSC-389.
Alternative Action(s): Deny the recommendation and instruct staff on how to proceed.
Analysis: On September 15, 1997, the City Council approved MSC-389, a contract for the
repair/replacement of applicable public improvements along Trident Lane, Catalina Circle and
Castle Drive. This contract was awarded to Nobest, Inc., and work is expected to commence
on November 3, 1997. The approved project budget was $522,000, including $89,258 for
incidental expenditures (i.e. parkway trees, water meter boxes, manhole lids, etc.).
Funds for both the contract and possible change orders were encumbered prior to the end of
the fiscal year (September 30, 1997). However, funds for unspecifed expenditures cannot be
carried over to the next fiscal year without approval by the City Council. Therefore, staff
requests that the $89,258 previously approved for incidental expenditures be reapproved for
this fiscal year.
Doorn4 r%^Ir
E-
J AlNH/S7 4A.Iif ARM
• REQUEST FOR ACTION •
MEETING DATE: November 3, 1997 DEPARTMENT ID NUMBER: CY98-001
Environmental Status: N/A
Attachment(s):
RCA Author: Les M. Jones II/Don Noble
eoorn4 r%e%'r O 0.40 ARM
ATTACHMENT 1
0019517.01
0 •
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 98-05 Incidental Funds for MSC 389
Date: October 22, 1997
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for MSC 389.
If the City Council approves this request (total appropriation $89,258)
the estimated unencumbered, undesignated Transportation Fund
balanc", t>5eptemb�d'30, 1997 will be reduced to $1,268,000.
Itbert J-Franz,
Deputy City Administrato
0 •
ATTACHMENT 2
0019517.01
Council/Agency Meeting Held: 91 ; s i9-?
Deferred/Continued to:
®'Ap roved ❑ Conditional) Appr ved ❑ Denied
G co, 1 G
Dom` City Clerk's -18 ignature
Council Meeting Date: September 15, 1997
Department ID Number: PW97 - 425
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION copy
SUBMITTED TO: HONORABLE AND CITY COUNCIL MEMBERS
U MITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
PREPARED BY: LES M. JONES II, DIRECTOR OF PUBLIC WORKS
SUBJECT: REPAIR/REPLACEMENT OF STREET IMPROV ENT SC-389
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Envir2gtmental Status, AfiE(s)
Statement of Issue:
Pursuant to City Council approval of August 4, 1997, bids were received August 29, 1997 for
the repair/replacement of applicable public improvements along Trident Lane, Catalina Circle
and Castle Drive.
Funding Source:
The 1996/1997 approved City Budget includes $522,000 in fiscal account E-SX-PW-974-6-
32-00 (i.e. Sidewalk Replacement) for the cost of these improvements.
Recommended Action:
Motion to:
1. Accept the low bid submitted by Nobest, Inc.
2. Approve a total project budget of $522,000. This amount includes $393,402 for
contract work, $39,340 for any unanticipated Change Orders and $89,258 for
incidental expenditures (i.e. parkway trees, water meter boxes, manhole lids, etc.).
Alternative Action(s):
Deny approval of Recommended Actions and forego completion of this work.
REQUEST FOR ACTION
MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER:PW97 - 425
Analysis:
On August 4, 1997, Council approved the Plans, Specifications and Sample Construction
Contract for the repair/replacement of public improvements along Trident Lane, Catalina
Circle, and Castle Drive, and authorized staff to obtain bids.
On August 29, 1997 staff received seven bids as summarized below:
CONTRACTOR BID AMOUNT
Nobest Inc.
$393,402.75
Kovac
415,752.83
Sequel Contractors Inc.
434,555.10
All American Asphalt
455,028.52
Kalban
478,245.10
Damon Construction Co.
499,284.57
Mendoza Contracting
593,257.40
Based on a review of each bid, it is recommended that the low bid by Nobest be accepted.
Furthermore, staff requests approval of a $522,000 project budget. This amount includes:
$393,402 for contract work, $39,340 for any unanticipated Change Orders and $89,258 for
incidental expenditures.
Environmental Status:
N/A
Attachment(s):
RCA Author: Les M. Jones /D. Noble
RCA425.DOC -2- 09/03/97 1:31 PM
(12) is 08/04/97 - Council Oncy Agenda - Page 12
E-14. (City Council) Approval Of Contract Documents - Plans & Specifications &
Advertisement For Bids - Repair Of Castle Drive, Catalina Circle & Trident Lane -
MSC-389 - Approve Plans and Specifications and authorize the Public Works Director
to solicit construction bids for the repair/replacement of applicable public improvements
along Castle Drive, Catalina Circle and Trident Drive and approve the sample
construction contract subject to award of contract to lowest responsible bidder.
Submitted by the Public Works Director
E-15. (City Council) Resolution No. 97-57 - Sale Of City Owned Property - Four Lots At
Atlanta Avenue/Nashville Avenues - 602 & 620 Yorktown Avenue & 2501 England
Street - Adopt Resolution No. 97-57 - "A Resolution of the City Council of the City of
Huntington Beach, Declaring that the Public Interest and Necessity Requires the
Disposition of Certain Surplus Property." Declaring the following properties surplus and
ordering their sale in accordance with Section 3.06.010 of the Huntington Beach
Municipal Code. Submitted by the Deputy City Administrator -Administrative Services
Director Location: Four (4) lots at Atlanta/Nashville Avenues, 602 and 620 Yorktown
Avenue and 2501 England Street.
E-16. (City Council) Bolsa Chica Letter Of Understanding - Deletion Of City Clerk's
Attestation Signature - Motion to approve the City Clerk's request to delete the City
Clerk's attestation signature line and her signature which in error she affixed to the
Bolsa Chica Development Letter of Understanding signed by Michael Dolder, Fire
Chief, Huntington Beach Fire Department, Ken MacLeod, Acting Director of Fire
Services, Orange County Fire Authority and Ed Mountford, Vice President, Koll Real
Estate Company, which on July 21, 1997 the City Council authorized only the Fire Chief
to sign. Submitted by the City Clerk
F. Administrative Items
F-1. (City Council) (Continued From July 21. 1997) Appropriation For Worker's
Compensation Claims Administration, Data Processing System, & Related
Computer Technologies
Communication from the Deputy City Administrator -Administrative Services Director
dated July 21, 1997 regarding Appropriation for Worker's Compensation Claims
Administration, Data Processing System, and related Computer Technologies for the
purchase of three computer workstations.
** Included is memorandum from the Fire Chief dated July 29, 1997 entitled Agenda Item
F-1 (Additional Clarification and Related Computer Technologies)
** Included is memorandum from Councilmember Tom Harman dated July 28, 1997
entitled Need to Prioritize Capital Expenditures
Recommended Action: Motion to:
Appropriate $122,809 from the General Fund Unappropriated Fund Balance for the
Worker's Compensation Claims Administration System, Data Communications
Processing System, and the purchase of three computer workstations. Submitted by
the Fire Chief
(12)
r
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM
TO: oApj/ 777/7D�oY4z•2
/
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City, State, Zip
See Attached Action Agenda Item
ATTENTION: Zaex v Xo 2lla , GL
DEPARTMENT: �,es/ C,•eyj
REGARDING: NISL'-,389- 17rlp�eo ✓err�e�'
Date of Approval 9
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
&
Connie Brockway
City Clerk
Attachments: Action Agenda Page ✓ Agreement ✓ Bonds ✓ Insurance
RCA Deed Other ate/4 �°� d tSi9�i �3�i4eTioi✓
OF CLA7rY1S� �T/G/C/ti� OFeomP���hGe,
Remarks: h'J4,e�2AVj-1Y BOA0.
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RCA
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Insurance
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Name
Department
RCA
Agreement
Insurance
Other
Risk Management Department Insurance Copy
G: Followup/agrmts/transltr
(Telephone: 714.536-5227 )
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
RE: Construction of 7/Y/P.edVeYyrn/;�3 71e1oehr �irhe�
Ci4Tt1L/Nfl C/.eeze, L',"Tie- Ae,Lle: , PROJECT
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Certificate of
Compliance form. The Declaration of Satisfaction of Claims and the
Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER TH
In addition, the following item must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year warranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please call Don Noble, Contracts Administrator, 536-5441.
Connie Brockway
City Clerk
CB:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
(Telephone: 714-536.5227
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
Project No.
Title
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 program provisions applicable to the wage rate paid.
Signature and Title
g:cc cashconI
'�ah - . is -- - •. ... - -
GA I .
•
•
DECLARATION OF SATISFACTION OF CLAIMS
state:
1. I am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled
and dated
2. All workers and persons employed, all firms supplying materials, and all subcontractors for the
above -mentioned project have been paid in full.
3... The following are either disputed claims, or items in connection with Notices to Withhold,
which have been filed under the provisions of the statutes of the State of California: (if none,
state `'NNONE")
I declare under penalty of perjury that the foregoing is true and correct.
Executed at on this day of
(Signature of Contractor)
g:cc`cashcon2
I
pay, -
, 1994.
•
�J
I have received Faithful Performance Bond No. CC4765 - Contractors Bonding
Company, Payment Bond No. CC4765 - Contractors Bonding and Insurance Company,
Maintenance Bond No. CC4765 - Contractors Bonding Company.
Re: MSC-389 - Improvements Trident Lane, Catalina Circle, Castle Drive.
RCA and Action Agenda for September 15, 1997
Dated:
By: �.
r California:
CBICPERFORMANCE BOND 23172 Plaza Pointe Drive, Suite 185
Laguna Hills, CA 92653
CONTRACTORS BONDING California Public Works (714) 770-9733
AND INSURANCE COMPANY (714) 770-9 o FAXonal
Executed in Triplicate
Bond No:
CC4765
Premium: $ 4,249.00
KNOW ALL MEN BY THESE PRESENTS, That we, Nobest Incorporated
, called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY,
a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly
bound unto City of Huntington Beach
called the Obligee, in the sum of Three hundred ninety three thousand four hundred
two an
Dollars ($ 393, 402.75 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents.
WHEREAS, the Principal has entered into a contract, dated the day of , 19 , with the Obligee to do
and perform the following work, to -wit: Improvements of Trident Lane, Catalina Circle
and Castle Drive (MSC-389)
("Contract");
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work
called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no other person or entity has any rights against
this bond; and
PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which
the Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier;
and
PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether
or not said liability is imposed by statute, common law, or is imposed by the Contract. it is the intent of all parties that this bond shall
not be a substitute for or supplemental to any liability or other insurance required by the Contract.
Signed and sealed this 2nd day of September , 19 97
Principal: Nobest Incorporated CON C, RS BOND G AND INSURANCE COMPANY
By: By: "L V, Jn
Linda D. Coat Attorney -in -Fact
C_4 _._ 'Y
C
E
BndCPBP.02-CA011593
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
•
1 w. 51.40 7
State of�ri
County of orange
On 9-2-97 before me, David E. Poole , Notary PTlbli(
DATE NAMC. TI rLE Or OFFICEn • E.G., 'JANE DOE, NOTA11r PUBLIC -
personally appeared Larry Nodiand _
NAMEIS) OF SIGNS HIS)
0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
_0o�''"( capacity(ies), and that by his/her/their
,.�3,"�., sAV)L� E, P..
w 7• i�' C: r;;ttlistOn k 11�?U95 ►—
emu. signatures) on the instrument the person(s),
a +� �f ,,: r No!ary PobliC - California M
a �w= ORANGE Co: ,1y In or the entity upon behalf of which the
° I,1YC0'rr'1E_7.j)iresJul114.20U1 person(s) acted, executed the ir:sirument.
�- -
MNE Ihand and of ' I seal.
1
s GNn1unE or NOIAnY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons rulying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
President
T1TLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR EN rITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNEH(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 flwnmal Ave., P.O. Box 7184 - Canoga PTIk. CA 4130.716-1
•
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On SEP 2 1997 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC
Date Name, Title of Oflicer - e.g. "Jane Doe, Notary Public"
personally appeared LINDA D. COATS
Names(s) of Signer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
CHRISTOPHER J. COATS
n COMM. # 1103462 D
cc NOTARY PUBLIC CALIFORNIA M
Q i -'� ORANGE COUNTY to
Cal r�
NAY COMM_ EVires JU!y 15, 2000
' , - W'XXA-"X-' L 6
Signature o otary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s) _Partner(s) ,Attorney -in -Fact
_Corporate _Other
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
6
CBIC
CONTRACTORS BONDING
AND INSURANCE COMPANY
0
PAYMENT BOND
California Public Works
Executed in Triplicate
Bond No. CC4765
• California:
Charge for this bond is included in premium for Performance Bond.
KNOW ALL MEN BY THESE PRESENTS, That we, Nobest Incorporated
23172 Plaza Pointe Drive, Suite 185
Laguna Hills, CA 92653
(714)770-9733
(800) 274-CBIC National
(714) 770-9805 FAX
, called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY,
a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound
unto City of Huntington Beach
called the Obligee, in the sum of Three hundred ninety three thousand four hundred two and 75/100
Dollars ($
presents.
393,402.75
) (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these
WHEREAS, the Principal has entered into a contract dated the day of 19 with the Obligee,
for Improvements of Trident Lane, Catalina Circle and -Castle Drive
(MSC-389)
("Contract");
NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181,
or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the
contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor,
then this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions:
1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with
the Principal or its subcontractor(s), and no other party shall have any right of action against this bond.
2. It is a condition precedent to claim upon this bond that claimant has given the 90-day public.works preliminary bond notice
as provided in Civil Code Section 3091.
3. No suit may be brought on this bond unless commenced before the expiration of six months after the period in which stop notices
may be filed as provided in Civil Code Section 3184.
4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid
from the bond unless such suit has been filed prior to payment by the Surety of the claim.
5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any
payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid.
Signed and sealed this 2nd day of September , 19 97
Principal: Nobest Incorporated CONTRACTORS BOND G AND INSURANCE COMPANY
By: B ' -
- Linda D. Coats Attorney -in -Fact
C ; .. -.";Y
Ey:
t r, i+n Pv BndCPPW.02-CA011593
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENY
C]
No. 511W
State of r'alifornia
County of Orange
On 9-2-97 before me, David E. Poole , Notary Public ,
DATE NAME. I ILE Or OFF ICE n - E.G..'JANE DOE. NOTAIIY PUBLIC'
personally appeared Larry Nodland _
NAMEISI OF SIGNERS)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
DAVID E. POOLE signature(s) on the instrument the person(s),
Commision # 1142095 r
� �.. Notary Public - CaliformaX or the entity upon behalf of which the
ORANGE County
1vlvComm Expires Jun 14 2001 person(s) acted, executed the instrument.
pWrN,ESS y hand and official seal.
SICI,AI URE Or- NOTARY
OPTIONAL mmmmmmmm- -- .4—. n
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
El CORPORATE OFFICER
President
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITY(IE-S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNEii(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - a236 Himinirl Ave.. P.O. Box 7184 - Canoga Palk. CA 41309-7181
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On sEP 2 199 before me,
Date
personally appeared
CHRISTOPHER J. COATS, NOTARY PUBLIC
Name, Title of Officer - e.g. "Jane Doe, Notary Public"
LINDA D. COATS
Names(s) of Signer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the some in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal, CH4ESTQpy6
T y cor. rq. '4 R J COATS
i103462
Q
NOTARY P � J5LIC CALIFORNIA M
��////��/i% 1 .� / 4 `•„o.. NtyComm ETires.►, lti,a.�,-'
/Signature otary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s) _Partner(s) _Attorney -in -Fact
_Corporate _Other
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(les)
6
California:
23172 Plaza Pointe Drive
Suite 185
..CBIC
Laguna Hills, CA 92653
CONTRACTORS BONDING
(800) 270-9733
AND INSURANCE COMPANY
(804) 770-9805 FAX
MAINTENANCE BOND
Executed in Triplicate
BOND NO. CC4765
KNOW ALL MEN BY THESE PRESENTS, That we Nobest Incorporated
as Principal, and
Contractors Bonding and Insurance Company , a Surety corporation
organized under the laws of the State of Washington
duly authorized to do business in the State of California as
Surety, are held and firmly bound unto City of Huntington Beach
as Obligee, in the penal sum of Thirty nine thousand three hundred forty and 28/100
($ 39, 340. 28 ) DOLLARS, to which payment well and truly to -be made, we do bind
ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
SEALED with our seals and dated the
WHEREAS, the above bounden
2nd day of September
Nobest Incorporated
,19 97.
did on the day of , 19 , enter
into a contract with the City of Huntington Beach
for Improvements of Trident Lane, Catalina Circle and Castle Drive
(MSC-389)
and has completed said contract.
WHEREAS, the Obligee has accepted or is about to accept the completed contract condi-
tioned upon the Principal filing a maintenance bond.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Prin-
cipal shall remedy any defect in material or workmanship furnished under said contract for a pe-
riod of One Year from date of acceptance by the Obligee, this bond shall be null and void, other-
wise, the same shall remain in full force and effect.
Signed, Sealed and Delivered
in the presence of:
Nobest Incorporated
v a
Contractor Bonding
e _-i By
Linda D. Coats
nd Insurance
mpany Surety
Attorney in Fact
BOND 4661
Printed in U.S.A.
•
CALIFORNIA ALL-PURPOSE ACKNOWLEIDGMEN7
No. 5401
State of California
County of Orange
On
9-2-97
DATE
before me, David E. Poole , Notary Public -
NAME, TI ILE Of OFFILER • E.G., VANE DOE, NOTARY r UbLIC'
personally appeared Larry Nodland
NAME(S) OF SIGNFR(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
t?AVID E. POOLE capacity(ies), and that by his/her/their
Comms)on # 1142095 r"`
��• .,., Notary Public -Californla%0 signature(s) on the instrument the person(s),
ORANGE County W •cy��yCommExplresJun 14 2UU1 or the entity upon behalf of which the
�
person(s) acted, executed the instrument.
WOKSS my hand and official seal.
___L . - Z-1- ) I--- - _P_
SIGNA I URE OF NOTARY
OPTIONAL�..W-
Though the data below is not required by law, it may prove valuable to persons rulying on tha document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
R] CORPORATE OFFICER
President
TITLE(S)
❑ PARTNER(S) ElLIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIrY(IES)
DESCRY ,rION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
14UMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) 01-HER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 6236 Iwinniel Ave.. P.O. Box 7184 • Canoga Palk. CA 91309.718-1
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On SEP 2 192 before me,
Date
personally appeared
CHRISTOPHER J. COATS, NOTARY PUBLIC
Name, Title of 0111cer - e.g. "Jane Doe, Notary Public"
LINDA D. COATS
Names(s) of Signer(#)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
gn ture of No ry
Cf i?rSTOIr F R .1 COATS
to `'� COI!' ?. 1 i 11E3462. D
CL d v �31 h� ' [` r;.:
; � .�G lY ,�BLfi', CAL JFWJNJA
Q •` ' 0.1RAQGC COUNTY to
Ju yr 15, 2u v
G
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s)
_Corporate
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(les)
,Partner(s) _Attorney -in -Fact
_Other
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Valid for Bonds
Power of Attorney
eo°0000°o°°Not
z
A valid original of this document must be printed on security paper with black, blue, and red ink, and
must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an
unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear
clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and
delivery of the bond bearing the number indicated below, provided the bond is of the type indicated
below, and is valid only if the bond is executed on or before the date indicated above.
CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a
Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full
force and effect and has not been revoked, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect.
3ond Number CC 4765
Signed and sealed this 2ND ,may of /SEPTEMBER 19 97
C
Kevin L. Lybeck, Secretary
1.;
CBIC • 1213 Valley Street • P. Box 9271 • Seattle, WA 98109-0271
(206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX
IlllllllPoaLPOA.02-US031296�YI1 1 ll MUUMUU
1 ll A 111 Illl► A Illlllll I;':
... .......... ...
X.
tii1`l l/'��'L4�1��C .;. ....::;.::::>:''.:`;'.: 0X.
9 03/1997
;;;:;;.:
PRODUCER
(714)852-0909 FAX (714)852-1131 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ilestone Insurance Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Eight Corporate Park, Ste.130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Irvine, CA 92606-5105 COMPANIES AFFORDING COVERAGE
....................................................................................................................... 4............................
COMPANY Pacific Insurance Co. c/o American E&S
Attn: Steven Brody Ext: 221 A
........................................................................................................................................................................ ................................................................................................................................. .
INSURED
Nobest, Inc. �00•ID vLp�}Ge,� COMPANY CNA/Transportation Insurance Company
B
P. 0. Box 874 ca� C. LJ.-o VQ"Q ,
Westminster, CA 92684. 01,2,d,�� 9115/91 COCANY General Security c/o American E&S
• ..........................................................................................................................
COMPANY......
OT 1 U D
1...:
u E
.. .
:..:..
HIIRTHATTH'»»>::>:::LI�-IES ::>F ::::>::>::LIISTED>BL --::»:E »>>:s THE INSURED NAMED ABOVE POLICERIOD::>::>:............
-���-•TH $ IS TO CERTIFY THAT E POLICIES OF INSURANCE LISTED E ELOW HAVE BEEN ISSU D TO U R POLICY PE
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
............ ........................ ................. ....... ............. ................................ ................. .............. .......:..................... ........ ............................ ................. ........ .............. ........................................................
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
..............................................:.............
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1,000,000
CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1 ,• 0 0 0 , 0 0 0
q >:»:<:......> ZI0006465 08/03/1997 08/03/1998:......................................... ..............
.. ..... .
X ' OWNER'S & CONTRACTOR'S PROT : EACH OCCURRENCE $ 1 , 0 0 0 , 0 0 0
.......... ......
FIRE DAMAGE (Any one fire) $
............................. .................... ...........
.................. ..................................
MED EXP (Any one person) $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ei X s ANY AUTO
1 000 000
:.............................................. :.................!.......... �..........
i ? ALL OWNED AUTOS :BODILY INJURY
SCHEDULED AUTOS (Per person) $
B ......s C129090108 08/03/1997 08/03/1998...........................................
X ; HIRED AUTOS BODILY INJURY $
i X `s NON -OWNED AUTOS APPROVED AS TO FORM;` : (Per accident)
...........4................................................................
GAIL HUTTO?1
s..................................................... PROPERTY DAMAGE 'P $
"IT"
GARAGE LIABILITY : AUTO ONLY - EA ACCIDENT $
£........:.............................4.............
ANY AUTO f : OTHER THAN AUTO ONLY:
.......> D e........ .... ........................ :>............... ....................
y Attorney EACH ACCIDENT '$
AGGREGATE .$
EXCESS LIABILITY EACH OCCURRENCE $ 1 , 000 , 000
.... .....
A X UMBRELLA FORM :UB62247 08/03/1997 08/03/1998 AGGREGATE $
1,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X TORY LIMITS ER :' :'::;••`::' :<:' ?::' :E::'
EMPLOYERS' LIABILITY EL EACH ACCIDENT
;:$..........1, 000, 000
B rHEPROPRIerow 4CC155801796 10/01/1996 10/01/1997 .... ............ ..........................................-
•
? PARTNERS/EXECUTIVE INCL E EL DISEASE -POLICY LIMIT E
1,000,000
......... ... .................
OFFICERS ARE: EXCL : EL DISEASE - EA EMPLOYEE : $ . 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
ertificate Holder is named Additional Insured as per the attached G209. RE: Street & Sidewalk
Improvements. Waiver of Subrogation applies per Gen Liab. (CG2404), Auto (9-23186-A), and
orkers. Comp. (WC 040306) i 10 day notice of cancellation for non-payment of premium.
G.
EitZtF .:
AT HOLD
:::...:................:.:...:.::£.,.:.:.:R.:.:.:..:..:.....:..:..:.......:;..:.>:::::>::<.::::.:>:.::;::::::.::.:p;:::..;rG 1QN>";_
.>.......<::.:>:::.::.>..
::::::::::::::C>.>
::.r:`.....:
.::::::::::::::::::.....:::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLRN)f FXO RM MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach laVW*34R At "W XRR4g"M,NN RW )NSt7PT3W%W)PMRQ-}fiWkTX X
2000 Main Street RR KW^NW NXMeAMXIftx_XAWIX*C§tIX "W)fTAdM;kXXXXXXX
Huntington Beach, CA 92647 AUTHORIZED.RfPKESENTATIVE
AC ORtk 25g:....
::::>>:[ »:::>?::::>:::>::::>::::><:>;:>3::>::::<[:r::<::>:.a:<:::::»:.':<s::>::>::>';:<;< ;< .: Tl >i98
•
C7
CO-"iR.-kCTOR'S — SPECUL CONo-ER4GE EINDORSEMTNiT
This•=dorz== modifies insura.^_ce provided under the following:
COKMMRCLA.L GENERAL LUBILITY COVERAGE PART
1.) A.URNM31T'I'I'-GL'iERA.Z. AGGRcGATE LLNMS OF L'iSURANCE TO APPLY PER PROJECT
The Gea--ral Agg:_3at. Lirrit under LL-CTS OF INSLIZA.tiCE (SECTION 111) applies
scpar=!y to mch of your proje`.s a,,; -ay f,—,m prcmiscs awned by or re=L-d to you.
2.) BLA—N3= ADDMONAL LVSL'REDS-RrQUMD BY CO.NMA.CT ORISSUANCE OF A PERMIT
(A) W 40 IS AN MUR—M (Sermon II) is amended to include as as =red any person,
orma^iz+~ca, t:,:rx, e=,-- or govcrnmcr.W wry to whom or to which you are
oblig3�d, by of a w:;= c=trad or C3L or by Virtue of the issuance or
-xis+.—= of a p-:t-dt, to provide is su.�..ncc V-, as is affort:cd by this policy, but only
with respect to ilizy arising out of
I. `Your weir'for the additiorsl insurmi(s) or for which a gov-,;..=-atal
catty has i=.Ua a permit, or
2. Ace.s or emissions of the a'dditieral irsured(s) in eonne-.ion with their
g^eral svm-vision of 'vcvr work" at the Iocation shown in the
S chc.dule;
;hcn crly `or the 1u^�s of Lability sYccincd m such cont.-act or mg—t-:..-nt, but in no
event for'rm-s of liability in excess of the applicable lirmits of Liability of tIls policy,
provid-a -* at
1. s.cb aerscr, orgamdz icn, =s-..M, cra,—or govcrmnermal entity shall be
an i .3ur--d orly with rcsp= to oc.--s:r=ces taking pl= ear such
u. iam c: -act or 33rrar:at bas bey cxc---ut.-d or such perrait has been
iss::cd, and
2. a) t:z- rmmz of such person, orgsnizaaon, tm, st=, estate or
govc:munti-mal entity, 3s beam n:rushed to t.= campaay as of
&- e� tivc data of &x policy, or
h) (i) sn._.m' c: nt-ac: c: �Jces e.:,•et or such
per:rtit is i.sst-d during the pmolicv price, and
Page I of 4
Swa Mi=:—et Group, L=-. 1995
cryr4�Lnd : s_--ial c(trr.X:L .c= Sa-Mcs OSc:
..:•� its ^eZtiss ar:. Ccg;r :, 1nr n Service OM=. 1985)
(ii) the named insu:d eotincs us, within 180 days
ar3er the 'effective dte of the contract or
agmeina:t or the issuance date of the permit, of
the date as of which such person orgaaization,
t.-usL--, estatz or govemmaL-1 cntiry shall be
inc!udd as in insur„d.
(B) With respcc::a any such pctaor, orgz iz3tion, trustee, estate or governm=W entity
included as an insured by virtue of L' is provision, the Em named iruured is authorized to
act on behalf of such an insured witi rctpecct to all mace-s relating to :his policy. Such
mars,.-m inc!ude the giving and ==ivirg of notice of carccUaticn er ten -renewal, and the
tricng of chiles in the policy tents wi,.� the campany's content ; pro--d&I,however,
this shaB nct re:ieve an insurd of the duties set forth in Coedition 2. (Duties in the
Event of Occur.--ncz� Claim or Suit) of LhL policy. For the purpose of this provision,
"First Namd lnsurd" m=.s the perscn or or&Lnizaricn fast named in the Declarasicns
of the policy.
(C) With respect to the iwur3nce afforded these additional insu:,,ds, the followi;.g additional
provisions apply:
1. Ur.&T Coverage A, exc!usi^:m (a), (d), (e), (f), (r.'.), (1) and (tn), apply to
this insaranc: and any other exclusions added by endoisament to the
policy w:.ick a-•.=.d the previous ccclusiers or are add in addition..
2. Addircnal Exclusions. This irzur:t: ce dots not apply to:
(a) "Bodily injury" or "propervy damage" for winch the
additiar•~1 insured(s) are obligated to pay dainagcs by reason
of the ass•.:rapticn of liability in a ccr=a.ct or agreamc it. TWs
exclusion does not apply to hability for e'=rr3.ges that the
ad iricnal insured(s) would have in the absence of th-
c--nrrac: cr agr-ment.
(b) "F?outiy injury„ or "prope :y arrtage" ocLsrring after.
(i) All work ea the project (ether t. an s_-rvicc,
rrmi�., or rcrairs) to be peric,:aed by or on
be: of the additional insur;.d(s) at the site of tho
;Aver operations has beet cornulctod; or
(ii) T-at per^cn of' -our work" out of which the injury
or d arra.ge arises has bcca put to its irtcndcd use by
any person or cmar =tion at -her th.:n another
contractor or subccnmctor eng3gcd in performing
cper tiors for a principal = part of the sane
project.
Page 2 of 4
Ca,yn ht. Fist Six'-- Cr--"P. Inc., 1993
.�':sl of Ins=&== 3ern= OtTiee
its t+mcn. wiry -issiCogyn;� ,:nuance S, vic= O(iicc. 19SS)
•
(e) ' &:Y in1urym or "ply age" arising out of any act
or emission of tl a aflAh coalinsured(s) or any of their
=•.ploy=s. other than the general supervision of work
per-iormed for the additional iruur..d(s) by you.
(j� P. perry o%mcd, used or occupied by or rented to
Uhc additional insured(s);
Cd) P. rpe.-y in the cwm, custody, or cc=ol of the
additional insu md(s) or over which the additional
irsured(s) am for any purpose aced sing physical
canaol; or
(ii.i) "Your wodc" for *;hc additional auurrd(s)
(e) 'Bodily injury"or 'property dam g:"arising out of the
solo neglig-.,.ca of a lessor of Ieasd equipment or to any
tak:s plat.- a.= the cxpirazioa of an
eqvipm=t !case.
(I.)) Coverage pro-rdz by •1.is cadorscnm, to the Additional Irsurd(s) shall be primary
insurance. Any ather insurance rnaintaind by the Additicoal Insured(s) shall be excess
and non-cort-currory.
3.) DUTIES W TSE ZVENT OF OCCURRENCE
(A) Tne requir-..= Ccnc'ition 2.a. (S=on iti) that you must sea to it that we are
nctified of an `bca:.: -nee" applies only when the "occurrence" is known to:
(1) You, if you 3.^a :m individual:
(2) A pa -tee:, if yeu are a pmt.:r;hip; or
(3) An executive oi27-c:r or kuuranc: nunager, if you are a corporation-
(B) Tut requirtm-=t in C--ndrion 2.b. that you m= sa to it that we receive notice of a
claim or `lzrit"sill rcx be c.^.=idered br=.chd i less the breach oc.-um ar-.:s such claim
or "Snit" is k-o-AII to:
(I) You. if ycu arc an individual:
(2) A oa.^�, if you a:_ a or
(3) An cx:cutivt o-Ei= or irsjtaac: ma_=agcr, if you are z corporation.
Pagc 3 of 4
C--Fynght. Fsr:t 3 tee Zv{ =A.&=- is GrZ%-P, Inc., 1995
(L=1ud&t--pyzightcd msl=ixl of biw=cs S=vieet Office
wici iei -+e--;« ;a Co?y"Sh% L-nus:.ce Scv ca C-t et. 1985)
4.) ACTIONS IN RIM
WHO IS AN INSURED (Section II) is amended to inch,
S. Any vessel owned, operated by or for you or chartered by or for you witb respect to an
action is rem shall be tensed in the same nu== as though time action ware in
persaaam against you.
5.) PROPERTY DAMAGE - BORROWED EQUIPMENT
(A) Exclusion j. of COVERAGE A (Section 1) is amended as fnitows:
Paragraph (4) of this exclusion does not apply to `property d=age" to borrowed
equipment wick net being used to perform operations u the job site.
(13) This iwur== is exec s over any other valid and collectible property msumme
(including any deductible portion thereof) avaalabla to the insurmd whether prfi ary,
excrss, eent i:. or any other basis.
(C) Only with resp= to this additional coverage, the Each Owxrmca Link shown is the
Decluatict s is a —ended to read $75,000. (Sccdca III - Limits)
Page 4 of 4
Copyright. past SU.se .mwx&cmcLt Group. L-K- 1995
G-209 (1 2/9 5) (b`l0d&z =4Ynbbt°d mate al of lase == Sarce: Office
"kith permission. CoQyris.`u,'W=••^= garners OQ"ur- 1985)
0 •
Policy Number Z10006465 Commercial General Liability
Pacific Insurance Company do American E&S
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST
OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
Name of Person or Organization: Schedule
City of Huntington Beach, its Officers, Agents, and Employees
(if no entry appears above, information required to complete this endorsement will be shown in the
Declaration as applicable to this endorsement.)
We waive the right of recovery we may have against the person or organization shown in the Schedule
because of payments we make for injury or damage arising out of "your work" done under a contract with
that person or organization. The waiver applies only to the person or organization shown in the Schedule
CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984
MMA
POLICY NUMBER: C129090108
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS.
This endorsement modifies insurance provided under the following:
Business Auto Coverage Form
Garage Coverage Form
Truckers Coverage Form
Schedule
Name of Person or Organization: City of Huntington Beach, Its Officers, Agents and
Employees.
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of
payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with
that person or organization. The waiver applies only to the person or organization shown in the Schedule.
This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date
is shown below.
Completed Only When Endorsement Is Not Prepared with the Policy Or Is Not
Must be Completed to be Effective with the Policy
Endt # Policy No. Issued to Effective date of
C129090108 THIS ENDORSEMENT
Nobest, Inc. September 3, 1997
CNA
9-23186-A Countersigned by
(Ed. 05189) Autho ized Represent rve
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE
WC 04 03 06 (ED. 4-84)
WC 252
(4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a
different date is indicated below.
(The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the
policy.)
This endorsement, effective on 09/03/97 at 12:01 AM Standard time, forms a part of
(Date)
Policy No. WC1055801796 Endorsement No.
of the CNA/T'ransportation Insurance Company (Name of Insurance Company)
issued to Nobest Inc.
Premium (if any) $ 5% of payroll for job:
(Min Prem $50) to be determined @ Audit Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California Workers Compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization
City of Huntington Beach, its officers, employees and agents
Job Description
Street & Sidewalk Improvements
Trident Lane, Catalina Circle, Castle Drive
•
•
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR
REMOVAL AND REPLACEMENT OF CURBS, GUTTERS,
SIDEWALKS, DRIVEWAYS AND PARKWAY TREES
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ATTORNEY FEES
15
32.
ENTIRETY
15
jmp/k/g:agree%urbs 1 /9/2/97
• 0
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR
REMOVAL AND REPLACEMENT OF CURBS, GUTTERS,
SIDEWALKS, DRIVEWAYS AND PARKWAY TREES
THIS AGREEMENT, made and entered into this 15th day of
September , 1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
NOBEST, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as removal and replacement of curbs, gutters, sidewalks,
driveways and parkway trees on various streets in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to,
all expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
jmp/k/g:agree/curbs2/9/2/97
• 0
completing the work within the stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND
SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its investigation of all such matters
and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
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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 1995 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 Three
Hundred Ninety -Three Thousand Four Hundred Two Dollars ($393,402), as set forth in the
Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
one hundred eighty (180) 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
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contractors, subcontractors and CITY forces and, in general, all matters concerning the timely
and orderly conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
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
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site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to
the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for labor
and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the defective
item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not and employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security, state disability insurance compensation, unemployment compensation and
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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 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
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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
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investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall
be made and. the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the 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.
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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 securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
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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, officials, employees, and agents from and against any and all
liability, claims, damages, losses, expenses, 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, caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable, including but not limited to,
concurrent active or passive negligence, except where caused by the active negligence, sole
negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its
sole cost and expense.
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19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy
limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance
shall be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional
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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
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.
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0 •
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as
Additional Insureds shall be provided to the City Attorney for approval prior to any payment
hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice
of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other
remedy it may have, terminate this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event
CITY may make good the deficiency in which the default consists and deduct the resulting costs
from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
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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
Ply•
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28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in
the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY' S FEES
In the event suit is brought by either party to enforce the terms and provisions
ofthis agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
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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.
NOBEST, INC.
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of California
By: -*—X44pe --7,x0e ATTEST:
Robert Nodland II, Secretary
City -Clerk .
REVIEWED AND APPROVED:
City dministrator
1
APPROVED AS TO FORM:
D AP OVED: /v,
Director
jmp/k/g:agree1curbs2/9/2/97
17
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Nu. I M
State of rat ifernia
County of Orange
On
9-3-97
DATE
before me, David E.. Poole , Notary Public ,
NALIF, 111 LE OF OFFICER • E.G., *JANE DOE, NOTARY PUBLIC'
personally appeared Larry Nodland . & Robert Nodland II
NAME(SI OF SIGNER(S)
x❑ personally known to me - OR ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same . in his/her/their authorized
capacity(ies), and that by his/her/their
DAVID E. POOLE signature(s) on the instrument the person(s),
' Conlmislon # 1142095 r or the entity upon' behalf of which the
,., Notary. Public - California X
ORANGE County ,' person(s) acted, executed the instrument.
I',AyComm=xPlresuun 14,2001
NESS y hand and off' a al.
sIGNn 1 ur,E of NorARY
OPTIONAL ..,,n ,_ ........ . �-
Though the data below is not required by law, it may prove valuable to persons wlying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
El CORPORATE OFFICER
President & Secretary
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 nammel Ave., P.O. Box 7184 - Canoga Palk. CA 91309-7184
%i
] M/DD/YY'::.:.:
.
1
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..::::::::::::: 0 9 / /
................
PRODUCER (714)852-0909 FAX (714)852-1131
ilestone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Eight Corporate Park, Ste .13 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Irvine, CA 9 2 6 0 6 - 510 5 COMPANIES AFFORDING COVERAGE
_..._._..........................._....__._........_..._...-_..........................................
COMPANY Pacific Insurance Co. c/o American E&S
Attn: Steven Brody Ext: 221 A
....._...._..................__........................................................._.-..........._......_.......-........;_..................__......................_....-...-..................................................................---._........._.......
INSURED �OO•IO COMPANY CNA/Transportation Insurance Company
Nobest, Inc. B
P . 0. Box 874 CiiG,�i10 ✓GxQ.�+........... ................... . ........... .................... ...... ........................
Westminster, CA 92684 (�,� e,� 9�Is1CZ•r COCANY General Security c/o American E&S
................................ .._............... .............._._.................... -..............
COMPANY
OT 1 D
THIS IS TO CERTIFY THAT�THE 0; I : :�s::s:�:F'IN :;:;:RA.:;:::
OL CIES O SU NCE LISTED BELOW HAVE��BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD" ••
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
......................... ................................................,.._..................-.. -... -..... ......................... -........ ................ ...........-................................... ............ .......... _..............................................
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIMITS
LTR < DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
X ' COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMP/OP AGG;$ 1,000,000
::::::
CLAIMS MADE : X OCCUR PERSONAL INJURY $ 1,000,000
A ::>::;;::>...... ZI0006465 08/03/1997 08/03/1998............................................ ...............................
X ? OWNER'S & CONTRACTOR'S PROT : EACH OCCURRENCE $ 11000,000
......................_..__ ......... .....
FIRE DAMAGE (Any one fire) $
.............. ..........................
MED EXP (Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
X ; ANY AUTO 11000,000
.;-.....:. ...... .. .....................................
ALL OWNED AUTOS _ ............_.
BODILY INJURY$
SCHEDULED AUTOS (Per person)
B C129090108 08/03/1997 08/03/1998_..........................._.... _...._......._..--
X HIRED AUTOS ` BODILY INJURY (P $
X NON -OWNED AUTOS APPROVED AS TO FORldt, (Per accident)
......
GAIL HliTT01d PROPERTY DAMAGE $
CITY ATTORNEY
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
.......................................... ...
ANY AUTO f OTHER THAN AUTO ONLY:
Deu-..........._....................................
YQy Attorney EACH ACCIDENT: $
.....................................................:....................................................................................
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE $ 1,000,0.00
.........................................................
.............................
A :: X UMBRELLA FORM UB62247 08/03/1997 08/03/1998 AGGREGATE $ 1,000,000
.;..-..;-a ............. __... -.................. -...... ...............................
.......
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X : TORY LIMITS ER
EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000
B WCC155801796 10/01/1996 10/01/1997 .................... ...................-...............--•......
THE PROPRIETOR/
PARTNERS/EXECUTIVE INCL i EL DISEASE -POLICY LIMIT $
1,000,000
............
.......................
OFFICERS ARE: EXCL : EL DISEASE - EA EMPLOYEE : $ 11000,000
OTHER
Al`1'ACNE�
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
ertificate Holder is named Additional Insured as per the attached G209. RE: Street & Sidewalk
Improvements. Waiver of Subrogation applies per Gen Liab. (CG2404), Auto (9-23186-A), and
orkers. Comp. (WC 040306) 10 day notice of cancellation for non-payment of premium.
CEiTIFiGi?eTE::EI(y€EIER:>:>:»::>:;::>::><::»<:>:>:>:>:>:<::::>::<::<:<::<::<:>?>::>:>::>:<<:::<:::»:'':<::<::::::::>:::::fi113�ti#.A
....................::: ....
SHOULD AN ........:O
ANYF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE::::.........
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL J PA)M) IjQ MAIL
3_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach �x 7Q4t�(3PlX�X�F�Fk)QSQR4tN7(�k�X)EQ)Nf39Q4i9(1919td�k!@1�1dXX
2000 Main Street f35( 9i XI#PA�R�Ih('7(IR�14t�NR�C4i9(7�Pfi4�€JQtri°)fiY!€ X X X X X X X
Huntington Beach, CA 92647 AUTHORIZED.REJPqUENTATIVE
Or�IoI:I3s
..........::::::::::::::::::............................:..::....:................................................................................................
•
CONTRACTOR'S — SPECUL COS-ERkGE ENDORMNaNT
Ms-ercorse:^.�t modifies insu:"a^.ce provided under the following:
CONUKERCLU GENERAL LUBILITY COVERAGE PART
1.) A-MM-N'D-MZVT-GE,Nc'�M4-L AGGRcGATE LUNUTS OF WSURANCE TO APPLY PER PROTECT
The General Agre-gam Limit under UNTI'S OF INSL"VCE (SECTION III) applies
scpara !y to each of your projems away Pcm pre^uscs owned by or reed to you.
Z.) BLA.XiCE'T ADDITIONA.L LNSUREDS-REQUIRED BY CONTRACT ORISSUANCE OF A PERMIT
(A) WHO IS ASV LNiSUREM (Sertioa II) is amended to include as an i„n,red any person,
or3a-mi4cn, tr-as•,x, estate or governrrerW1 euary to whom or to which you are
oblig3� by -.iz a of a wr:==i camtract or 2Fm--: =t or by virtue of the issuance or
exist.: = of a r=.rdt, to provide i=w-a ce s.:ch as is affor-ded by this policy, but only
with respect to ility arising out of
1. `Ycur wcrk- for the additional insureds) or for whica a gov-.==u al
ammy has isss:ed a pernit, or
Z. A,s or cross.;= of the acditieral irsured(s) in connection with their
g^eral ruprvision of `I+car work" at the loc :dcn shown in the
Schedule,
then enly for the lom s of Lability sYeciticd in such cont+= or ate'*---n=t, but in no
event for li.-u s of liability in excess of the applicable lir = of liability of &is policy,
prcvid-a fzat
such pc -sou, orga.^.im on, trustee, cstar-- or govcrrnnartal c: dTy shall be
an insures only with rapo`: to occu:rzaces taking place zRrr such
wri"cn ecr.--= or agre-rrzt bas berms exczuted or suc!z perrcit has been
issued, and
Z. a) the =--rs of such perscn, or; Liza ion, trustee, estate or
gove:runc.ital =tity has ceei nrushed to th-c eompaay as of
the effective cat_ of &.c policy, or
b) (i) such contract or ag•cmct f k= e^.rct or such
pe.^:sut is isst:ed durrg t!:c policy period, and
Page l of 4
Copyr t, Firs, Sate .V-=.&e-ae--t Group, L-.c, 1995
ra^ryrg: tad r-mr-ial attritus: = Sc-mcs OLM-c
v.=;.� iu p=-.mzscm Ccpyr,ght, Inr--nzre Servic: Ot'.icr, 1385)
G1 j the nsmad tasur:d eottrtcs us, within 180 days
after the effective date of he contract or
age_-:c or the issuance date of the permit, of
the daze as of which "such person oiam,
trustee, estate or governmental =tity shall be
iarldd as in insur-.d.
(B) With respect to any such person:, organization, ttustet, estate or governmeat9] eatity
idudcd as an insured by virtue of L- js provision, the first panned insured is authorized to
act oa behalf of such an iasurd with respr_; to sll mars relaxing to this policy. Such
nsatt.-m include the giving and mr iving of notice of carceIlazicn or ron-reae%%-4 and the
making of chaages in the policy tetras wir-i the czmpaay's consent ; provided, however,
this &W cat relieve in msurt i of the duties set forth in Condition 2. (Duties in the
Event of Occur�.ac, Claim or Suit) of t.,.e policy. For the purpose of this provision,
"First Named Insured" means the person or organization first named is the Declarations
of the policy.
(C) With t=pcct to the iasutaace afforded these additioral insur,.d.s, the following additional
provisions apply:
Undcr Coverage A. cxc'.t:si-ns (-), (d), (c), (f), %'•), (i) and (m), apply to
this in=, anc: aid any other exclusions added by endorsement to the
policy w-. ck a-i,=d the previous cxchuicrs or are addd in addition.
2. Additional Exclusions. This irsuaance does not apply to:
(a) "Bodily injury" or "rropery d3-mage" for which the
addition:! insured(s) are obligated to pay dunages by reason
of die ass=pdcn afliabdity 1n a contract or agreesrte•.it. This
cxctusicn does not apply to liabiLry for damages that tl:e
adihcnal insureds) would havo in the absent` of the
ccnr-=t cr agr=:nert.
(b) "Bodily injury" or "proper y damaV" occurring if' ter
(i) All work ea the project (ether than s_-rviec,
rrz -r+ =, or reaairs) to be per&-r,- ed by or on
be^ --If of the additional irtsurcd(s) at the site of the
covered operx:iens'ris begirt co:npletd; or
(ii) That por^en or -' ,our work" out of w`�ch the injury
or d_trage arises has bcca put to its intended use by
any person or organization other than another
cortractor or subccnt:actor engaged in performing
cpertiors for a prr:cipal as part of &.c swre
c roj ect.
Page 2 of a
Ca;ynghr. F'sx Stst-- us s;-rant Crmup, tau., 1993
(Inc,udes crpyr gha =---al of Insu: a :: r. sern= ct icc
wit.. its pcTimic4. Copyn; t, Irsnraue Sevic= Ofticc. 1935)
(c) 'Sodily injury" or '�roperty damage" arising out of any set
or omission of the additional insured(s) or any of their
er.ployees, ocher than the general supervision of work
perforrhed for the additional insurd(s) by you.
(d) "P—,,-pc.,ty damage" to.
(ri) P:rpe:ty owmcd., used or occupied by or rented to
the additional insured(s);
(ti) P: rpe.-y in the care, custody, or control of the
additional ins z d(s) or over which the additional
insureds) are for any purpose == sing physical
control; or
(iii) "Your work" for to additional in�s)
(e) 'Bodily injury" or '�roperty dartagt" arising oat of the
sole ne-glig--cz of a lessor of leased agi:iptnect or to any
tak-s plac: exr the amirzd= of as
e.�u:Yrr� t lease.
(I3) Coverage prov':dd by this edorsenena to the Additional Imsurd(s) shall be primary
insurance. Any other insurance rrainmind by the Additional In=red(s) shall be access
and non-coatmcutory.
3.) DUTIES Df THE ZVENT OF OCCURRENCE
(A) The requir_-•.em �- Cca'cition 2.a. (S=. on nD that you must see to it that, we are
notified of an "oca:rr=cc " applies only when the "occurrence" is known to:
(1) You, if you ar an individual:
(2) A pa-tre:, if you rare a parttwrship; or
(3) An executive ofce: or i,•uurance alultager. if you a..- a corporation.
(B) The requircm.c t in Ccrdrion 2.b. d= you :Host see to it that we re-ive notice of a
claim or `%mkr"%.ill not be ccrsiderd br=ched unless the breach occurs a$:r auch claim
or "suit" is i-o-Am to:
(1) You, if you are an in dividua.I:
(2) A pa, W��, if you a= a partnership; or
(3) An execudvz- o�5cer or irsiranc.- manager, if you are a corporation.
Page 3 of 4
C_-Fyright, Fast StW& A=A&C'=t CRarp. Inc.. 1995
(Lr1t&s ;.yriahted asstail albri-aau Scvices Oaiice
-idl its -+e--..issca Copy & t• axUn :ace Serrw Odic:.. 1985)
4.) AMONS IN RX?d
WHO IS AN INSURED (Sectior:In is smeaded to include:
S. Any vessel owwd, operated by or for you or charumud by or for you witb respect to an
action in rem shall be t wed in the saint manner as though the action were m
perumnm again you.
5.) PROPERTY DA..MAGE - BORROWED EQUIPMENT
(A) Exclusion j. of COVERAGE A (Sectina n is amended as fellows:
Paragraph (4) of this occlusion does not apply to 'property damage" to borrowed
equipment wick not being used to perform operaticas a= the job site.
(B) This insurance is execs over nay other valid and coUectzblc property insura:tce
('including any dedus ble portion thereof) available to the inured whether primary,
excns, or any other basis.
(C) Only with respec to this additional cammwe, the Each Oce`.- == L--= shown is the
Declarations is a- P-,tf d to read $75,000. (Secdca III - Limits)
Page 4 of 4
C pynibk Fart Stue Mu%x9cmau Group. Lv,1995
Mce
G-209 (t 2/95) �tl°dcs �YnBA� material o[Taun- a Sa'rs�ces
with p==isaca Cogyr &hk k=r=cc Savic= olruq 1985)
•
Policy Number Z10006465 Commercial General Liability
Pacific Insurance Company c/o American E&S
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST
OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
Name of Person or Organization: Schedule
City of Huntington Beach, its Officers, Agents, and Employees
(If no entry appears above, information required to complete this endorsement will be shown in the
Declaration as applicable to this endorsement.)
We waive the right of recovery we may have against the person or organization shown in the Schedule
because of payments we make for injury or damage arising out of "your work" done under a contract with
that person or organization. The waiver applies only to the person or organization shown in the Schedule
CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984
CNA
POLICY NUMBER: C129090108
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS.
This endorsement modifies insurance provided under the following:
Business Auto Coverage Form
Garage Coverage Form
Truckers Coverage Form
Schedule
Name of Person or Organization: City of Huntington Beach, Its Officers, Agents and
Employees.
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of
payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with
that person or organization. The waiver applies only to the person or organization shown in the Schedule.
This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date
is shown below.
the Policy Or Is Not
Must be Completed to be Effective with the Policy
Endt # Policy No. Issued to Effective date of
C129090108 THIS ENDORSEMENT
Nobest, Inc. September 3, 1997
CNA
9-23186-A Countersigned by '�/*w
(Ed. 05189) Autho ized Represen rve
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 252
(4-84)
WC 04 03 06 (ED. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a
different date is indicated below.
(The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the
policy.)
This endorsement, effective on 09/03/97 at 12:01 AM Standard time, forms a part of
(Date)
Policy No. WC1055801796 Endorsement No.
of the CNA/Transportation Insurance Company (Name of Insurance Company)
issued to Nobest, Inc.
Premium (if any) $ 5% of payroll for job: /4ke !
(Min Prem $50) to be determined @ Audit AuthorizedeRepresentative
We have -the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California Workers Compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization
City of Huntington Beach, its officers, employees and agents
Job Description
Street & Sidewalk Improvements
Trident Lane, Catalina Circle, Castle Drive
0
(!�*=-10P
1PPLlc
Council/Agency Meeting Held: 9 ) I s 197
Deferred/Continued to:
❑ Denied
Council Meeting Date: September 15, 1997
C000.10
-bAf45 City Clerk'sSignature
Department ID Number: PW97 - 425
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE AND CITY COUNCIL MEMBERS
U MITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
PREPARED BY: LES M. JONES II, DIRECTOR OF PUBLIC WORKS
SUBJECT: REPAIR/REPLACEMENT OF STREET IMPROVEMENT SC-389
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Pursuant to City Council approval of August 4, 1997, bids were received August 29, 1997 for
the repair/replacement of applicable public improvements along Trident Lane, Catalina Circle
and Castle Drive.
Funding Source:
The 1996/1997 approved City Budget includes $522,000 in fiscal account E-SX-PW-974-6-
32-00 (i.e. Sidewalk Replacement) for the cost of these improvements.
Recommended Action:
Motion to:
1. Accept the low bid submitted by Nobest, Inc.
2. Approve a total project budget of $522,000. This amount includes $393,402 for
contract work, $39,340 for any unanticipated Change Orders and $89,258 for
incidental expenditures (i.e. parkway trees, water meter boxes, manhole lids, etc.).
Alternative Actions):
Deny approval of Recommended Actions and forego completion of this work.
r REQUEST FOR ACTION •
MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER:PW97 - 425
Analysis:
On August 4, 1997, Council approved the Plans, Specifications and Sample Construction
Contract for the repair/replacement of public improvements along Trident Lane, Catalina
Circle, and Castle Drive, and authorized staff to obtain bids.
On August 29, 1997 staff received seven bids as summarized below:
CONTRACTOR BID AMOUNT
Nobest Inc.
$393,402.75
Kovac
415,752.83
Sequel Contractors Inc.
434,555.10
All American Asphalt
455,028.52
Kalban
478,245.10
Damon Construction Co.
499,284.57
Mendoza Contracting
593,257.40
Based on a review of each bid, it is recommended that the low bid by Nobest be accepted.
Furthermore, staff requests approval of a $522,000 project budget. This amount includes:
$393,402 for contract work, $39,340 for any unanticipated Change Orders and $89,258 for
incidental expenditures.
Environmental Status:
N/A
RCA Author: Les M. Jones /D. Nob1 e
RCA425.DOC -2- 09/03/97 1:31 PM
R!D.PROPOSAL FROM
FIRM NAME
To the Honjrable Mayor and City Council, City of Huntington Beach, California: In compliance with
the notice inviting sealed proposals for the reconstruction and improvement of Trident Lane, Catalina
Drive and Castle Drive - M.S.C. 389.
I hereby propose and agree to enter into a contract to perform the work herein described and to
furnish the materials for the said work and to the satisfaction of and under the supervision of the
Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialman through any bid
depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from
considering any bid from any subcontractor or materialman which is not processed through said bid
depository, or which prevent any subcontractor or materialman from bidding to any contractor who
does not sue the facilities of or accept bids from or through such bid depository.
For the furnishing of all labor, materials and equipment, and/or all incidental work necessary to
deliver all the improvements complete in place in strict conformity with the City of Huntington Beach,
California, I propose and agree to take full payment therefore at the following unit prices, to wit:
1
103 EA.
REMOVE AND DISPOSE OF PARKWAY TREES
CV
AT i /t'Q-i:2 A4f:4n5 PER EA.
3100
31/11'Ov
2
104 EA.
FURNISH AND INSTALL ROOT BARRIER
se
AT 1L1A4 1XeV G)LLlgt-S PER EA.
/OD
/U W'd
3.
6,432 L.F.
REMOVE AND DISPOSE OF P.C.C. CURB AND
G+�
GUTTER AT /0441-1 PER L.F.
ZS, %Z0)
4
14,123 S.F.
REMOVE AND DISPOSE OF P.C.C. DRIVEWAY
G�
AT )" D��n PER S.F.
/�/, �23
5
27,573S.F.
REMOVE AND DISPOSE OF P.C.C. SIDEWALK
AT ', i-ILL&Z4F CE_4175 PER S.F.
6
10,433 S.F.
REMOVE AND DISPOSE OF ASPHALT CONCRETE
AVUC Lid.cjft_ /7.vt��i L'!_t!i"S PER S.F.
7
6,432 S.F.
CONSTRUCT P.C.C. CURB AND GUTTER
151
AT T�z.' Dc«s PER L.F.
8
14,123 S.F.
CONSTRUCT P.C.C. DRIVEWAY
so
AT ZU AX',;'99 b&a CC::x,15 PER L.F.
CONSTRUCT P.C.C. SIDEWALK
p
9
20,298 S.F.
AT 1)a4/1A- 476 PER L.F.
P-1
J
10 188 TON FURNISH AND PLACE ASPHALT CONCRETE
ADJACENT TO GUTTER oO
AT e�a&::�Lir/ z9CeZzMC PER TON
11
3,917 S.F.
CONSTRUCT WHEEL CHAIR RAMP
PO
a2
AT /2ciU Axtims PER S.F.
Z
7P39,
12
3,551 S.F.
REMOVE EXISTING CROSS GUTTER
Sa'
AT Ale- Att,r c
13
3,551 S.F.
CONSTRUCT CROSS GUTTER
AT i2 D PER S.F.
14
104
REMOVE EXISTING AND INSTALL NEW CITY
FURNISHED WATER METER BOXES
410
PER r & comics EA.
15
26,177 S.F.
PARKWAY EXCAVATION
AT 2 L'ax s S.F.
Z
16
33,158 S.F.
COLD PLANE
Z�
AT CGX1175 PER S.F.
GG�i
17
125,296 S.F.
LAY PETROMAT
AT PER S.F.
?SZq
18
1,128 TON
ONE AND ONE --HALF INCH OVERLAY
AT 4V Dbteft PER TON
32
Ol
19
14 EA.
ADJUST WATER VALVES
c-
AT %CGG 21t4IMS PER EA.
?Cal
20
104 EA.
REMOVE AND REPLACE IRRIGATION SYSTEM
IN PARKW YS
ATV/_/ r ) �Z u4��-5 PER EA.
21
104 EA.
PLACE NEW TOP SOIL & RE -SEED PARKWAYS
AT 4)XIL-1 /it kmV2/ aCts-�XS PER EA.
ea
gl W)�%
TOTAL 3%3, yG'z 75
It is understood and agreed that the approximate quantities shown in the foregoing proposal
schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's
compensation will be computed upon the basis of the actual quantities in the completed work,
whether they be more or less than those shown herein at the unit prices bid in the proposal schedule.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the
necessary bonds within ten (10) days from the date of approval of the contract by the City of
Huntington Beach, California.
P-2
The undersigned understand contract time limit allotted for the*ntract is 180 calendar days.
The undersigned has examined carefully the site of the work contemplated, the plans and
specifications, and the proposal and contract forms therefore. The submission of a bid shall be
conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and scope of work to be performed, the quantities of
materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the
contract.
Accompanying this proposal is ,G7.v, 8l 5 I?OAI1} ($
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an
amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above name security a proposal guaranty and agrees that it shall be
forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by
the City and undersigned shall fail to execute a contract for doing said work and to furnish good and
sufficient bonds in the form set forth in the specifications and contract documents of the City, with
surety satisfactory to the City within 10 days after the bidder has received written notice of the award
of the contract; otherwise said security shall be returned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License
iE517- —ZNcek inn
L,d.
Signature of Bidder
Business Address U_ �'UX 9741 ll/G3i7�„�sz�_
Place of Residence q---)ESm or- P6-,0
Dated this 0-/ / day of AW1,151- , 19�7
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
P-3
NOBEST INCORPORATED
Reference List
CITY OF CULVER CITY
Project: Lucerne Ave.
Contact: Vernon Nickserson
(310) 202-5791
CITY OF ANAHEIM (MAINTENANCE DEPT.)
Project: Concrete Replacement
Contact: Jarques Moreno
(714)254-6860
CITY OF GARDEN GROVE
Project: Stewart Street
Contact: Carl Duvel
(714) 741-5385
CITY OF HUNTINGTON PARK
Project: Resurface and Reconstruct
Contact: Pat Fu
(213)582-6161
CITY OF SANTA ANA
Project: Omnibus Concrete Repair
Contact: Quinn Moore
(714) 565-4046
L.A. CO. DEPT. PUBLIC WORKS
Project: Paso Verde Dr.
Contact: Robert Swartz
(818) 458-3118
$ 1,150,000.00
$ 650,000.00
$ 250,000.00
$ 197,000.00
$ 167,000.00
$ 68,000.00
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of
,the Government Code of the State of California, and any amendments thereto, each bidder shall set
forth below the name and location of the place of business of each subcontractor who will perform work
on labor or render service to the prime contractor in or about the construction of the work or
improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's
total bid, and shall further set forth the portion of the work which will be done by each subcontractor.
Only one subcontractor for each portion shall be listed.
if the contractor fails to specify a subcontractor for any portion of the work to be performed under the
contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be
permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the
original bid shall only be permitted in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION
OF WORK
SUBCONTRACTOR'S NAME AND ADDRESS
STATE LICENSE
NUMBER
CLASS
elex �j egr �pS,Z?c.
oxts
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the above
subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by
subcontractor for this project.
P-5
•
•
CBIC
CONTRACTORS BONDING
AND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:
That we, NOBEST INCORPORATED
BID BOND
California:
23172 Plaza Pointe Drive
Suite 185
Laguna Hills, CA 92653
(714) 770-9733
(800) 274-CBIC National
(714) 770-9805 PAX
Bond No.
Premium included in Bid Bond Service Undertaking
as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation
duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, (hereinafter called the "Obligee"),
ill the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID
nottoexceed TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars
($ 10% ), for the payment of which stem 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 RECONSTRUCTION AND IMPROVEMENTS (14SC-389): TRIDENT
LANE, CATALINA CIRCLE., AND CASTLE DRIVE
NOW, TI IEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contruct with the Obligi;e in
accordance with the terns of such hid and give such bond or bonds us may be specified in the bidding or contract documents with good
and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution
thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to
the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this 19TH day of AUGUST A.D. 19 97
Witness
Witness
C325d-IMM, 8.75 198717
Printed in coorwradon wish Ow American Ipiahme of Architects (AIA) by Common;
alluding and Insurunce Compuny.'ILe language in Ibis du cuntcnt coulimns exuc0y in the
language used in AIA Ducument A-310, Febmury 1970 Edition
1140
NOBEST INCORPROATED (Seal)
Pri C,pul
Surety: Contractors Bort mg and
By Q
DOUG11S A. RAPP
t�+et s4-0 `'D�tle
ranee Company
Attorney -in -Fact
BPOWS1.02•CA01 1993
ALL-PURPOSE ACKNOWLEDGMENT
State of California
Cllnn(y of Los Angeles
on S' Z'i`1% 1)efore Isle, CHRISTOPHER J . COATS
Mute Nume,1111e of ofliter - e.g. ".IYne nne, Notary Public"
personally appeared LARRY NODLAND
Numcs(s) of Slgner(s)
personally known to me or proved to ale on Ilse basis of satisfactory evidence to he
the person(s) whose name(s) is/are subscribed to (lie within instrinnent and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacily(ies), and flint by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
CHRISTOPHER J. COATS ,
COMM. 4 1103462 D
2 9a NOTAPY PUBLIC CALIFORNIA -M
Q i ORANGE COUNTY
` My Comm. E*m July 15, 2000
ATTENTION NO'1'AIM Although the lofurmnllon requested below Is 01"I'I0NA1., it could prevent
fruudulenl nllnchmenl of Ibb cerlilicule In unnulhorized docuunenls.
'1111S C EA Uri FICA'i'I:
MIIS`I' IIE A,rrACIIEI)
'1'0 1I11: DOCIIM11NT
IWSCItI IIIA) A'1' Itl(: IT: 'Title or Type of Document
Number of Pages Date of Docunlen
OPTIONAL SECTION/
CAI'ACITV CI,AIMIM IIY SWMIM
IwUvidunl(s) __I'lu•lner(s) _.Attorney -in -Fact
Corporate __Other
Officer(
'1'ille(s)
SIc;NEIt IS ItI?I'll rSMTIN(::
Name of persons or eiimyoes)
•
•
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 8/19/97 before me, Christine M. Rapp, Notary Public
Date Name, Title of Officer - e.g. "Jane Doe, Notary Public"
personally appeared Dc)ti g 1 a c A_ Rapp
Names(s) of Signer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
Signature of Notary `
CHRISTINE M. RAPP
Comm. # 1102778 tton
IN NOTARY PUBLIC- CALIFORNIA Ut
\ Orange County
My Comm. Expius July 9.2000 -11
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s)
_Corporate
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ies) .
_Partner(s) _Attorney -in -Fact
—Other
;....:; �::_:_��1_::: ��f_:`:::.�li=:::.: Ali=.:c::,_�fi:��f_:�:::_• ��;:::.: �f;::::.,
I
J*fijjW LIMITED POWER OF ATTORNEY
1,vSUP,A.NCE
Not Valid for Bonds Power of Attorney
Executed On or After: April 30, 1999 Number: 525897
A valid original of this document must be printed on security paper with black, blue, and red ink, and
must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an
unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear
clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and
delivery of the bond bearing the number indicated below, provided the bond is of the type indicated
below, and is valid only if the bond is executed on or before the date indicated above.
KNOW ALL MENCompany'BY THESE -.PRESENTS, -that the does herebymakeoonstitute
and appoint -;the following DOUGLAS_A RAPP and tiNDA D ,.,COATS'Fits true..and
lawful' Attorneys)-ia Fact, with full y r_ power aad authority�hereby��conferred
its.name, place and stead, to execute, acknowledge=anWdeliver (1) SBA:
guaranteed performance aad payment bonds; not exceeding}tha,penalsum of y; E
$1,250,00.0; (2)";bid. bonds for jobs _where, if _the contractis awarded, t1ieSBA
guaranteed performance: and/or•payment bonds} will=not exceed $1,250,000, (3)`
all other :bonds;coded or classified by. the Surety Association of43. , America Manual4"
of Rules, Procedures: and Classification •for Fidelity /Forgery andSurety Bonds"
(includingfuture amendments ;thereto) as_ Judicial, Contr"act(excluding bid
bonds); Miscellaneous, License and._Pexatit, and Federel�notexceeding the penalr i
„ - _ "
sum of .$3,500 000;`.,(4) bid bonds for'jo2�s written pursuant�to the authority in
clause :(3),, above -.where, _if the contract Tis awarded thepe�rfo'rmance and/or
payment .:bond(s),will not exceed $ds noexceeding
nothe0sadthe penal sumo500srsmilar
documents required by "an obligee under =a contract bon3ed by�the Company This ka
appointtitent is made under the 4uthority of the Board of :Directors of theme k
compan -- --- -- -- - --- -$
Y
77
�:�
_---------------------------
------------
-- _-------- -
_. 41-
i
CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a i
Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full
force and effect and has not been revoked, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect. i
3ond Number BID BOND
Signed and sealed this _
19TH ,i6ay of / AUGUST 19 97
Kevin L. Lybeck, Secretary
CB1C • 1213 Valley Street • P. Box 9271 • Seattle, WA, 98109-0271
(206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX
PoaLPOA.02-US031296
a
REASON(Why
is this RCA being submitted late?):
The contract
was not executed on time.
EXPLANATION(Why
is this RCA necessary to this agenda?):
The funds need to
be appropriated in this fiscal year. The funds were not carried
over to the 97/98
budget.
CONSEQUENCES
How shall delay
of this RCA adversely impact
the City?):
We would have to
forego the work
or carry over the funds
to next year's
budget.
REQLATE.DOC n711AIgA
COPIES TO:
TAMMY
GENEIL Chris Gray:
REMO VEIREPLA CE TREES, CURB AND GUTTER ON
TRIDENT, CATALINA, AND CASTLE
MSC-389
August 29, 1997 10:00 AM
Engineer's Estimate: $5500,000
BID LIST
1. All American Asphalt
$
ss 0.28. 5a
2. Damon Construction Co.
0
$
.57
3. Excel Paving Co.
$
4. Hillcrest Contracting
$
5. Hillside Contractors
$
6. KAban, Inc.
$
7 5
7. Kovac
$
8. Mendoza Contracting
$
9. Nobest, Inc.
$
393 b .
10. Pavement Recycling Systems
$
11. Sequel Contractors, Inc.
$
y3y s5, ID
12.
$
12108 v4
el-z f
NOTICE INVITING SEALED BIDS
MSC - 389
Notice is hereby given that the City Council of the City of Huntington Beach, California
will receive seated bids for the reconstruction and improvements of various local streets
in the City of Huntington Beach, California in accordance with the quantities and
specifications and special provisions on file in the office of the Director of Public Works.
Documents will be available on August 8, 1997. A charge of $25.00, not refundable,
will be required for each set of specifications and accompanying drawings.
DIRECTOR OF PUBLIC WORKS ESTIMATE
1
REMOVE/DISPOSE OF PARKWAY TREES
103
EA
2
INSTALL ROOT BARRIER
104
EA
3
REMOVE/DISPOSE OF CURB AND GUTTER
6,431.64
L.F.
14 1 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 1 14.122.75 1 S.F.
5
REMOVE/DISPOSE OF P.C.C. SIDEWALK
27,573
S.F.
6
REMOVE/DISPOSE OF ASPHALT CONCRETE
10,433.36
S.F.
7
CONSTRUCT P.C.C. CURB AND GUTTER
6,431.64
L.F.
8
CONSTRUCT P.C.C. DRIVEWAY
14,122.75
S.F.
9
CONSTRUCT P.C.C.. SIDEWALK
20,297.76
S.F.
10
CONSTRUCT ASPHALT CONCRETE
187.80
TON
11
REMOVE EXISTING CROSS GUTTER
'3,550.50
S.F.
12
CONSTRUCT WHEELCHAIR RAMP
3,917.20
S.F.
13
CONSTRUCT CROSS GUTTER
3,550.50
S.F.
14
PARKWAY EXCAVATION
26,176.93
S.F.
115 1 INSTALL WATER METER BOXES j 104 1 EA
N-1
•
L�
16
COLD PLANE
33,158.21
S.F.
17
LAY PETROMAT
125,295.84
S.F.
18
e
ONE & ONE-HALF INCH OVERLAY
1,127.65
TON
19
ADJUST WATER VALVES
14
EA
20
IRRIGATION SYSTEM IN PARKWAYS
104
EA
21
TOP SOIL & RE -SEED PARKWAYS
104
EA
In accordance with the provisions of Section 1773 of the Labor Code, the State of
California, Director of the Department of Industrial Relations shall determine the general
prevailing rate of wages, applicable to the work to be done; copies of the latest general
wage rate determinations are on file at the office of the City Clerk and the office of the
Public Works of the City of Huntington Beach, California.
Quantities and specifications, together with proposal form, may be obtained at the office
of the Director of Public Works, City Hall, Huntington Beach, California.
No bid will be received unless it is made on a blank form furnished by the Director of
Public Works. The special attention of prospective bidders is called to the proposal
requirements, set forth in the specifications, for full directions as to the bidding.
The above quantities are approximate only, being given as a basis for the comparison
of bids, and the City of Huntington Beach does not express or by implications agree
that the actual amount of work will correspond therewith but reserves the right to
increase or decrease the amount of any class or portion of the work, as may be
deemed necessary or expedient by the Director of Public Works.
All bids will be compared on the basis of the Director of Public Works estimate of the
quantities of work to be done.
Substitution of securities for any monies by the City to insure performance shall be
permitted in accordance with provisions of the California Government Code, Section
4590.
N-2
i `9
Each bid shall be made out,on a form to be obtained at the office of the Director of
Public Works, Developmed Wing, 2000 Main Street, Huntington Beach, California;
shall be sealed and 2fi,1e,with the City Clerk at the Civic Center, Second Floor
Administration Buildin00 Main Street, Huntington Beach, California, on or before
10:00 a.m. of August,997, and shall be opened by a committee composed of the
City Clerk, the City Attorney and Director of Public Works or their authorized
representative and the results of said bidding will be reported to the City Council of said
City of Huntington Beach at their regular meeting to be held on September, the 15th of
1997, at the hour of 7:30 p.m. in the City Council Chambers in the City of Huntington
Beach and shall be acted upon by said City Council at the regular meeting of
September 15, 1997.
The City of Huntington Beach, California reserves the right to reject any or all bids and
to accept the bid deemed for the best interest of the City of Huntington Beach,
California.
By order of the City Council of the City of Huntington Beach, California this August 4,
1997.
ATTEST:
Connie Brockway
City Clerk
N-3
•
•
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspapper of general circulation, printed
and published' in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and. published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
August 14, 1997
August 21, 1997
August 28, 1997
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on August 28, 1997
at Costa Mesa, California.
Signature ,
PUBLIC NOTICE
- _ 3stizo S.F.
air tilde -riln be com- '
NOTICE INVITING
13. CONSTRUCT CROSS
pared on the basis of the
'SEALED BIDS
GUTTER
Director of Public Works
MSC389
3,550.50 S.F.
estimate of the quantities
Notice Is hereb . Ivan
Y g
14. PARKWAY EXCAVA.
TION
of work to be done.
Substitution of securltlea +
that the City Council of the
City of Huntington Beach,
26,176.93 S.F.
for any monies by the City
to Insure J
Callwill receive
sealed bids for the recon-
15. INSTALL WATER
METER BOXES
performance shall
be Permitted In accordance
struction and Improve-
104 EA
with .provisions of the CalI-
ments of various local
16. COLD PLANE
fomla Government Code,
streets In the City of Hun. !
33,158.21 S.F.
Section 4590.
tington Beach, California In
accordance with the quart-
17. LAY PETROMAT
Each bid shall be made
titles and specifications �
125,295.84 S.F.
out on a form to be ob-
and special provisions on
18. ONE & ONE - HALF
tained at.the office of the
file In the office of the DI-,
INCH OVERLAY
Director of Public Works,
rector of _ Public Works,
'. 1,127.65 TON
Development Wing, 2000
Documents will I be avail-,
19. ADJUST WATER
Main Street, Huntington
able on August 8,
VALVES 1.
Beach, California; shall be
1997. A charge . of
14 EA
sealed and filed with the
$25.00, not refundable,
20. IRRIGATION SYSTEM
:City Clerk at the Civic Can -
will be required for each
IN PARKWAYS
ter, Second Floor Adminls.
set of specifications and
104 EA
;tration Building, 2000 Main
accompanying drawings.
21. TOP SOIL & RE -
IStreet, Huntington Beach,.
DIRECTOR OF PUBLIC ;
SEED PARKWAYS
-'California, on or before
WORKS ESTIMATE
104 EA
10:00 a.m, of August '
NOR. . 'ITEMS O F '
in accordance with the
! 29, 1997, " and shall be
WORK. i
provisions of Section 1773
opened by a ,committee
Q7Y- UNIT,
of the Labor Code, the
composed of the City
1. REMOVEIDISPOSE OF
State of California, Director
Clerk, the City Attorney and
PARKWAY TREES
of the Department of Indus-
Director. of Public Works or
103 EA
•
trial Relations shalt deter-
their authorized representa-
2. INSTALL ROOT: BAR-
mine the general prevailing
thre and the results of said
91ER
104 EA
rate of wages, applicable
to the work to be done;
bidding will be reported to
1. REMOVE/DISPOSE OF
copies of the latest, general ,
the City Council of' said
,URB AND GUTTER
wage rate determinations
City of Huntington Beach at
6,431.64 LF.
1. REMOVEIDISPOSE OF
are on file at the office of
their held ogn lar meeeting to be
September;
'.C.C. DRIVEWAY
the City Clerk and the of-
fice of the Public Works of
th of at
14,122.75 S.F.
the Clty of Huntington
the houthe
r of 7 30 p.m
i. REMOVE/DISPOSE OF
Q.C.C.
Beach, Callfomla:
In the City Council Charm
bars In the City of Hun-
SIDEWALK
27,573 S.F.
Quantities and speclfice-
tington Beach and shall be
3. REMOVE/DISPOSE OF
bons, together with pro-
posed form, may be
acted upon by said City
ASPHALT CONCRETE
10,433.36 S.F.
the
tamed at the office of the
Council at . the regular
9
meeting of Se
9 Ptember
r. CONSTRUCT P.C.C.
Director of Public Works,
City Hall, Huntington
1S 1987
CURB AND GUTTER
6,431.64 L.F.Beach,
California.Beach,
The of Huntington
City 91
California reserves
3. CONSTRUCT P.C.C.
No bid will be received
unless Itismade on a
right to reject an or all
the ri 9Y
DRIVEWAY
14.122.75 S.F.
blank form furnished by the
bids and to accept the bid
deemed for the best inter -
g. CONSTRUCT P.C.C.
SIDEWALK
Director of Public Works.
The special attention of
P
City
estof the Cl of Hun-
tington Beach, California.
20,297.76 S.F.
prospective bidders Is
- g order of the C
Y City
CONSTRUCT AS-
10. C
10.
called to the proposal re-
set forth In the
Council of the City of Hun-
CONCRETE
187.80 TON
quirements,
specifications, for full direo-
tington Beach, California
this August 4, 1997.
11. REMOVE EXISTING
tlons as to the bidding:
The above quantities, are
ATTEST:
Connie Brockway
CROSS GUTTER
3,550.50 S.F.
approximate only, tieing
Cftj Clerk
12. CONSTRUCT WHEEL-
9 wen as a basis for the
comparison of bids, and
Published Huntington
CHAIR RAMP
the' Clty. of Huntington
Beach does not,express or
Beach -Fountain Valley In -
dependent August 14, 21,
28, 1997
by implications, igree that
082-135
the actual amount of work.
_
will correspond' therewith
but reserves the right to In-
crease or decrease the
l
amount of any class or por-
tion of the work; as may be
deemed necessary or ex-
pedient by the Director of
3'19
THURSDAY, AUGUST 28, 1997
PUBLIC NOTICES 1 PUBLIC NOTICES Pl UBLIC
This business Is owl..
ducted by: an Individual
Have you started doing
d
business yet? No.
If
Use DussaulL
I
This statement was flied
t
with the County Clerk of
2
Orange on 7-29-97
�
19973728668
H.B.Ind. August
7.14,21,28.1997 081-111
PUBLIC NOTICE
Fictitious Business
Name Statement
The following persons
are doing business as: a)
Game Face, b) Team
Mask, c) Fan Face,17564
Jefferson St, Huntington
Beach, CA 82847.
Ronald C. Gaddis, 17564
Jefferson St., Huntington
Beach, CA 92647.
This business Is con-
ducted by: an Individual
doing
bHw
is
This statement was fled
with the County Clerk of
Orange Courty on 7-29-g'I
19973728673
H.B.Ind. August
This business is con -
,Wed by: an IntlMdual
Have you started doing
usiness yet? No.
Dennis Lacey.
This statement was tiled
iith the County Clerk of
)range County on 7-28-97
19973728491
H.B.Ind. August
,14,21,28, 1997 081.106
PUBLIC NOTICE
Fictitious Business
Name Statonnm
The following persons
,e doing business as:
aby Wraps, 19342 Baywa-
Ir Lane, Huntington
each, CA 92646.
Koyukl Kolak, 19342 Bay-
ater Lane, Huntington
each, CA 92646.
This business is con-
x1ed by: an Individual
Have you started doing
uss�
ttryieuutsdds Yet? No.
This ataof
Ith the County Clark t
range County on 7-2947
19973728M
H.B.Ind. August
114,21,28, 1997 081-107
I PUBLIC NOTICE
Flotitlous Business
Name satommt
The following persons
,a doing business as: Intl.
to 31) Communications,
10 16th SL, Unit B, Hurt-
;gron Beach, CA 92648.
Herbert W. Moore 111, 210
3th SL, Unit B, Huntington
each. CA 92648.
This business Is con-
Jcted by: an Individual
Haw you started doing
Jsiness Yes, 7-2447
Herbert . Moore 11t
This statement was flied
Ith the County Clerk of
range County on 7-2947
19973728667
H.B.Ind. August
14.21,28, 1997 081-110
3
PUBLIC NOTICE
Flctitlous Bustness
-
Name Satomatt
The following persons
are doing business as:
B
Flooring Discounters,
a:
18468 Ward SL, Fountain
Valley, CA 92708.
Sherri Ann Berries, 8
Greenbough, Irvine, CA
r
92614.
t
This business is con-
ducted by- an Individual
}
Have you started doing
business yet? No.
9
Sherri Barnes.
This statement was filed
with the County Clerk of
d
Orange County on 7.29-97
19973728672
r
H.B.Ind. August
,It
7,14,21,28, 1997 081-112
14
PUBLIC NOTICE
Fictitious Business
_
Name Statement
The following persons
are doing business as: Pet
Is:
Support, 19771 Trident
Lane, Huntington Beach,
2
CA 92646.
Chris Edward Hoefllch,
n,
19771 Trident Lane, Hun-
g-
tlVon Beach, CA 92846.
This business is con-
n,
ducted by: an Individual
Have you started doing
business yet? No.
Chris Hoeflich.
This statement was flied
With the County Clerk of
Of
Orange 7-29-97
7
1�on
9973728674
H.B.Ind. August
t
7,14,21,28.1997 081-114
is
PUBLIC NOTICE
Fictitious Business
Name Statesssesst
The following persons
is
are doing business as:
Super Service, 1502 E. Col-
lin Ave.. Anaheim, CA
)n
926.
SL John Morgan, 2580
Is-
Wlllo Lane, Costa Mesa,
m
CA 92627.
This business is con-
rasa Dr. an malviouai
Have you started doing
LWnesa yet? No.
SL John Morgan.
This statement was fllec
Ith the County Clerk o
range County on 7-29.97
19973728761
H.B.Ind. Augus,
14,21,28, 1997 081-11t
PUBLIC NOTICE
Fictitious Business
Name statement
The following person
. doing bustnesa a
E.P.S. Cable, 1163
'wrier Ave, # 609. Fou
in Valley, CA 92708.
Tom Scarborough, 1163
Fanner Ave, # 609, Four
in Valley, CA 92708.
This business Is Cot
acted by: an Individual
Have you started doh
Wriest; yet? No.
Tom Scarborough.
This statement was flk
range sCounty
angeeCouu County on 8-1-9
199737291E
H.B.Ind. Augui
14,21,28,1997 061-1'
PUBLIC NOTICE
Flotltbus Bualnep
Name Satomont
The following perso
e doing business i
onwoman Business S-
ees, 15122 Yawl SL, Ga7
5122 Yawl SL, Garda
rove, CA 92843.
This business Is cor
icted by: an Individual
Have you started doln
uslness yet? Yes, 7-15.97
Karen Donhue.
This statement was file
Ith the County Clerk t
range County on 8-1-97
19973729121
H.B.Ind. Augus
14,21,28, 1997 081-11
PUBLIC NOTICE
Flotltlols Sualness
Name Statement
The following persor
e doing business a-
uto & Bolts Travel, 1638
open SL, Fountain Valle'
A 92708.
Rita Marlene Kollsi
3383 Aspen SL, Fountal
alley, CA 9770L
This business is cot
Jcted by: an Individual
This statement was file
Ith the County Clerk i
range Courtly on 8-1.07
19973729131
H.B.Ind. Augus
14,21.28,1997 081-1:
PUBLIC NOTICE
Fictitious Bustness
Name Statement
The following person
v doing business as: Na
mwide Recruiting. 1839'
Sandra A. Mats, 1839-
amtny Lane, Huntingtoi
each, CA 92648.
This business is con
ucted by: an Individual.
Have you alerted dolnl
ustness yet? No.
Sandra A. Mata.
This statement was met
tth the County Clerk a
'range County on 8-1-97
199737291611
H.B.Ind. Augus
,14,21428, 1897 081-1
Chances are
you will find
what you need
at the price
you want to pay
when you read
Classified
daily
642-5678
10,433.38 S.F.
CONSTRUCT P.C.C.
,URB AND GUTTER
6,431.64 LF.
. CONSTRUCT P.C.C.
DRIVEWAY
14,122.75 S.F.
. CONSTRUCT P.C.C.
SIDEWALK
20,21t7.76 S.F.
0. CONSTRUCT AS -
HALT CONCRETE
187.80 TON
1. REMOVE EXISTING
ROSS GUTTER
3,550.50 S.F.
L CONSTRUCT WHEE -
tWR RAMP
Director of Public Works,
Development Wing, 2000
Main Strut, Huntington
Beach, California: shad be
sealed and filed with the
C1ry Clerk at the Civic Cen-
ter, Second Floor Adminis-
tratkm Building. MW Main
Sb*K Huntington Beech.
California, on or before
10:00 S.F& of August
S9r 1997, and shah be
opened by a committee
composed of the City
Clerk, the City Attorney and
Diretdor a Pubrc wort a
dt* eudtorfasd tepresenfa-
Ove and " reatlts of add
Council/Agency Meeting Held: Y f <1 �97
Deferred/Continued to:
0-'Approved ❑ Conditionally Approved ❑ Denied
L
City Clefks Signature
Council Meeting Date: AUGUST 4, 1997
Department ID Number: PW97 - 423
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SU MITTED TO: HONORABLE AND CITY COUNCIL MEMBERS
TED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATORIR
PREPARED BY: LES M. JONES II, DIRECTOR OF PUBLIC WORKS
SUBJECT: APPROVAL OF,CONTRACT DOCUMENTS FOR TOF
CASTLE, CATALINA AND TRIDENT STREETS - PJAMS +-
Statement of Issue, funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Plans and specifications for the repair/replacement of applicable public improvements along
Castle Drive, Catalina Circle and Trident Lane are complete and ready for competitive
bidding.
Funding Source:
The estimated total costs of this project is $465,000. Sufficient revenues of $522,000 are
budgeted in fiscal account E-SX-PW-974-6-32-00 (i.e. Street Improvements - Measure M
Funding).
Recommended Action:
1. Motion to approve -the Plans and Specifications and authorize the Director of Public
Works to solicit construction bids.
2. Motion to approve the attached Sample Construction Contract subject to award of
contract to lowest responsible bidder.
Alternative Action(s):
Deny approval and forego completion of petitioned work. 1
�i�
REQUEST FOR ACTION
MEETING DATE: AUGUST 4, 1997 DEPARTMENT ID NUMBER:PW97 - 423
Analysis:
Prior to the mid 1970's typical residential lots included a landscaped parkway between the
back of curb and the public sidewalk. Within, most of, these parkways- are City owned and
maintained trees. Over the years, the trees have grown so large that the roots have raised
curbs, gutters, driveways and sidewalks. The damage has created a situation where there is
standing water in the gutters and potential tripping areas along portions of the sidewalks.
Property owners continue to request the repair/replacement of these public improvements;
however, it is not logical to honor these requests until the source of the problem is resolved
(i.e. the parkway trees are removed and replaced with a species that does not cause root
damage). Additionally, City staff is extremely reluctant to remove any parkway trees without
homeowner involvement. Therefore, in 1988, Public Works personnel initiated a program
wherein residents can submit a petition to have the parkway trees removed and the
appropriate repair/replacement of the improvements scheduled for completion. To date, the
Public Works Maintenance Division has received eighty-seven petitions.
The estimated cost of completing the eighty-seven petitions is $7,000,000. Obviously this is
more than can be budgeted in any one fiscal year. However, this year's budget does include
$522,000 for petition work. Based on this amount, three street petitions can be competed
this year. Therefore, the appropriate plans, specifications and Sample Construction Contract
have been prepared for Castle, Catalina and Trident Streets (see attached Location Map).
Staff requests approval of these documents and requests the authorization to solicit
construction bids.
On July 23, 1997, the Public Works Commission authorized staff to forward the plans and
specifications to City Council for approval.
Environmental Status:
N/A
RCA Author: Les M. Jones
RCA423.DOC -2- 07/28/97 1:38 PM
ATTACHMENT 1
0019517.01
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LOCATION MAPS: PW 97/423
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CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR REMOVAL AND REPLACEMENT
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
TABLE OF CONTENTS
Pape No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ATTORNEY FEES
15
32.
ENTIRETY
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0 .0
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR REMOVAL AND REPLACEMENT
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
THIS AGREEMENT, made and entered into this day of
119 , 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 removal and replacement of curbs, gutters, sidewalks,
driveways and trees on various streets in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
jmp/k/g:agree%urbs2/7/24/97
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1995 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;
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•
•
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as .
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
($ ), 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.
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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 eost proposal, the work shall be performed according to the changes ordered in writing
4
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•
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is
issued. In event of a delay in commencement of the work due to unavailability of the job site, for
any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay
due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to.entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one.(1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for labor
and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all 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
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item or items. Upon expiration of.such ten (10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ )
per day for each and every working day's delay in completing the work in excess of the number
of working/calendar days set forth herein, which 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
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•
•
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
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(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid_ schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the 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.
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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 securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
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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.
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
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 the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, including but not limited to, concurrent active
or passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense.
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19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to. CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall cant' at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance shall
be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional
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
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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
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•
•
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
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•
•
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
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.
14
3/k/curbs/7/24/97
•
•
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions
ofthis agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
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.
CONTRACTOR:
By:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
print name
ITS: (circle one) Chairman/President/Vice President Mayor
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
ATTEST:
City Clerk
APPROVED AS TO FORM:
1Vy Attorney t /g1
TCEiD AND APPROVED: I
Director of Public Works
15
3/k/curbs/7/24/97
wn loci 62
IN3W3DVNVW ISI�
•
•
SPECIFICATIONS
AND
SPECIAL PROVISIONS
FOR
THE RECONSTRUCTION AND IMPROVEMENTS OF TRIDENT LANE,
CATALINA CIRCLE, AND CASTLE DRIVE IN THE CITY OF HUNTINGTON
BEACH, CALIFORNIA.
MSC - 389
t
Prepared by
The City of Huntington Beach
Department of Public Works
LES M. JONES
DIRECTOR OF PUBLIC WORKS
CITY OF HUNTINGTON BEACH
$25.00 CHARGE
NON-REFUNDABLE
•
•
Notice Inviting Sealed Bids
Proposal
Contract
Standard Specifications
TABLE OF CONTENTS
PART 1
General Special Provisions
1.2.1
Definitions
1.3.1
Abbreviations
2-1.1
Award of Contract
2-1.2
Execution of Contract
2-1.3
Failure to Execute Contract
2-4.1
Return of Bid Bond
2-4.2
Guarantee
2-5.1.1
Plans and Specifications
2-5.1.2
Competency of Bidders and Payment for Plans
and Specifications
2-6.1
Removal of Defective and Unauthorized Work
2-7.1
Soil Conditions
2-9.1
Permanent Survey Markers
2-10.1
Authority of Board Inspection
2-10.2
Inspection Within State Highways and/or
Roadway Right of Way
2-10.3
Final Inspection
4-1.4.1
Test of Materials
6-1.1
Construction Schedule and Commencement
of Work
6-1.2
Progress of Work and Time for Completion
6-2.1
Progress Schedule
6-8.1
Acceptance
7-2.3
General Prevailing Wage Rates
7-2.4
Payroll Records
7-3.1
Public Liability and Property Damage Insurance
7-5.1
Permits and Licenses
7-6.1
The Contractor's Representative
7-6.2
Superintendence
7-8.1
Cleanup and Dust Control
7-8.5.1
Use of City Water System
7-8.7
Noise Control
7-8.8
Flow and Acceptance of Water
7-8.9
Erosion Control
a e
N-1 - N-3
P-1 - P-5
C-1 - C-15
1 - 27
1
2
2
2
3
3
3
3
4
4
5
5
5
5
7
7
7
8
8
8
8
9
9
10
11
11
12
12
12
12
12
13
1
•
•
TABLE OF CONTENTS
continued
7-8.10
California Regional Water Quality Control Board
13
Permit
7-10.1.1
Traffic Access
13
7-10.1.2
Safety Precautions
15
7-10.3
Barricades
15
7-10.5.
Water Main Shut Down
15
7-15
Registration of Contractor
15
9-3.1.2
Payment General
16
9-3.2.1
Progress Payment
16
9-3.2.2
Final Payment
17
10-1
Examination of Plans, Standard Specifications,
17
Special Provision and Site of Work
10-2
Proposal Form
18
10-3
Proposal Bid Bond
18
10-4
Withdrawal of Proposals
18
10-5
Public Opening of Proposals
18
10-6
Rejection of Proposals Containing Alterations,
18
Erasures or Irregularities
10-7
Disqualification of Bidders
19
PART 2
Construction Materials 20 - 21
PART 3
Responsibilities of Contractor 21 - 29
PART 4
Construction Methods and Details for One and One Half Inch 30 - 45
Overlay
7
NOTICE INVITING SEALED BIDS
MSC - 389
Notice ishereby given that the City Council of the City of Huntington Beach, California
will receive sealed bids for the reconstruction and improvements of various local streets
in the City of Huntington Beach, California in accordance with the quantities and
specifications and special provisions on file in the office of the Director of Public Works.
Documents will be available on August 8, 1997. A charge of $25.00, not refundable,
will be required for each set of specifications and accompanying drawings.
DIRECTOR OF PUBLIC WORKS ESTIMATE
BR.....
N..........................................................................
..............::;.:::::::.;.::.:.::.;;
»>>:»:<:>::<:::>:::>; ......:<::.:::: #TEM O:F.1111'ORl `: >:<' ``:°::::> i« :>:.... ....
5..................................................................................::::.:.....:..:..;.:.:.:::.:::G..T....Y:::..:..:...:..........:::::....
:.:.::.:::::
UiIIT:::
1
REMOVE/DISPOSE OF PARKWAY TREES
103
EA
2
INSTALL ROOT BARRIER
104
EA
3
REMOVE/DISPOSE OF CURB AND GUTTER
6,431.64
L.F.
4
REMOVE/DISPOSE OF P.C.C. DRIVEWAY
14,122.75
S.F.
5
REMOVE/DISPOSE OF P.C.C. SIDEWALK
27,573
S.F.
6
REMOVE/DISPOSE OF ASPHALT CONCRETE
10,433.36
S.F.
7
CONSTRUCT P.C.C. CURB AND GUTTER
6,431.64
L.F.
8
CONSTRUCT P.C.C. DRIVEWAY
14,122.75
S.F.
9
CONSTRUCT P.C.C.. SIDEWALK
20,297.76
S.F.
10
CONSTRUCT ASPHALT CONCRETE
187.80
TON
11
REMOVE EXISTING CROSS GUTTER
3,550.50
S.F.
12
CONSTRUCT WHEELCHAIR RAMP
3,917.20
S.F.
13
CONSTRUCT CROSS GUTTER
3,550.50
S.F.
14
PARKWAY EXCAVATION
26,176.93
S.F.
15
INSTALL WATER METER BOXES
104
EA
N-1
•
•
16
COLD PLANE
33,158.21
S.F.
17
LAY PETROMAT
125,295.84
S.F.
18
ONE & ONE-HALF INCH OVERLAY
1,127.65
TON
19
ADJUST WATER VALVES
14
EA
20
IRRIGATION SYSTEM IN PARKWAYS
104
EA
21
TOP SOIL & RE -SEED PARKWAYS
104 1
EA
In accordance with the provisions of Section 1773 of the Labor Code, the State of
California, Director of the Department of Industrial Relations shall determine the general
prevailing rate of wages, applicable to the work to be done; copies of the latest general
wage rate determinations are on file at the office of the City Clerk and the office of the
Public Works of the City of Huntington Beach, California.
Quantities and specifications, together with proposal form, may be obtained at the office
of the Director of Public Works, City Hall, Huntington Beach, California.
No bid will be received unless it is made on a blank form furnished by the Director of
Public Works. The special attention of prospective bidders is called to the proposal
requirements, set forth in the specifications, for full directions as to the bidding.
The above quantities are approximate only, being given as a basis for the comparison
of bids, and the City of Huntington Beach does not express or by implications agree
that the actual amount of work will correspond therewith but reserves the right to
.increase or decrease the amount of any class or portion of the work, as may be
deemed necessary or expedient by the Director of Public Works.
All bids will be compared on the basis of the Director of Public Works estimate of the
quantities of work to be done.
Substitution of securities for any monies by the City to insure performance shall be
permitted in accordance with provisions of the California Government Code, Section
4590.
N-2
Each bid shall be made out on a form to be obtained at the office of the Director of
Public Works, Development Wing, 2000 Main Street, Huntington Beach, California;
shall be sealed and filed with the City Clerk at the Civic Center, Second Floor
Administration Building, 2000 Main Street, Huntington Beach, California, on or before
10:00 a.m. of August 28, 1997, and shall be opened by a committee composed of the
City Clerk, the City Attorney and Director of Public Works or their authorized
representative and the results of said bidding will be reported to the City Council of said
City of Huntington Beach at their regular meeting to be held on September, the 15th of
1997, at the hour of 7:30 p.m. in the City Council Chambers in the City of Huntington
Beach and shall be acted upon by said City Council at the regular meeting of
September 15, 1997.
The City of Huntington Beach, California reserves the right to reject any or all bids and
to accept the bid deemed for the best interest of the City of Huntington Beach,
California.
By order of the City Council of the City of Huntington Beach, California this August 4,
1997.
ATTEST:
Connie Brockway
City Clerk
N-3
•
BID PROPOSAL FROM
• 1.
FIRM NAME
To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with
the notice inviting sealed proposals for the reconstruction and improvement of Trident Lane, Catalina
Drive and Castle Drive - M.S.C. 389.
I hereby propose and agree to enter into a contract to perform the work herein described and to
furnish the materials for the said work and to the satisfaction of and under the supervision of the
Director of Public Works of said City of Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialman through any bid
depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from
considering any bid from any subcontractor,or materialman which is not processed through said bid
depository, or which prevent any subcontractor or materialman from bidding to any contractor who
does not sue the facilities of or accept bids from or through such bid depository. .
For the furnishing of all labor, materials and equipment, and/or all incidental work necessary to
deliver all the improvements complete in place in strict conformity with the City of Huntington Beach,
California, I propose and agree to take full payment therefore at the following. unit prices, to wit:.
103 EA. I REMOVE AND DISPOSE OF PARKWAY TREES
AT PER EA.
2 I 104. EA. I FURNISH AND INSTALL ROOT BARRIER
AT PER EA.
3. 6,432 L.F. I REMOVE AND DISPOSE OF P.C.C. CURB AND
GUTTER AT PER L.F.
4 I 14,123 S.F. I REMOVE AND DISPOSE OF P.C.C. DRIVEWAY
AT PER S.F.
5 I 27,573S.F. I REMOVE AND DISPOSE OF P.C.C. SIDEWALK
AT PER S.F.
6 ( 10,433 S.F. I REMOVE AND DISPOSE OF ASPHALT CONCRETE
AT PER S.F
7 6,432 S.F. I CONSTRUCT P.C.C. CURB AND GUTTER
AT PER L.F
8 14,123 S.F. CONSTRUCT P.C.C. DRIVEWAY
AT PER L.F.
CONSTRUCT P.C.C. SIDEWALK
9 20,298 S.F. AT PER L.F.
P-1
:..I....�Ittl .............:..............
AT.......:.............:........:........:..............T
....
�1....1....N..........T..P ...tG.......................................................
.........
...:::::.::.:.»::>:<:::::>::::>::::::::>::::>::>:::«:<:
:::.:.............:.::.:.i.T::::....
:::::.::::::...... ilRI.TTE N..i N.1�1fQRDS................:....................................
10
188 TON
FURNISH AND PLACE ASPHALT CONCRETE
ADJACENT TO GUTTER
AT PER TON
11
3,917 S.F.
CONSTRUCT WHEEL CHAIR RAMP
AT PER S.F.
12
3,551 S.F.
REMOVE EXISTING CROSS GUTTER
AT
13
3,551 S.F.
CONSTRUCT CROSS GUTTER
AT PER S.F.
14
104
REMOVE EXISTING AND INSTALL NEW CITY
FURNISHED WATER METER BOXES
PER EA.
15
26,177 S.F.
PARKWAY EXCAVATION
AT S.F.
16
33,158 S.F.
COLD PLANE
AT PER S.F.
17
125,296 S.F.
LAY PETROMAT
AT PER S.F.
18
1,128 TON
ONE AND ONE --HALF INCH OVERLAY
AT PER TON
19
14 EA.
ADJUST WATER VALVES
AT PER EA.
20
104 EA.
REMOVE AND REPLACE IRRIGATION SYSTEM
IN PARKWAYS
AT PER EA.
21
104 EA.
PLACE NEW TOP SOIL & RE -SEED PARKWAYS
AT PER EA.
TOTAL
It is understood and agreed that the approximate quantities shown in the foregoing proposal
schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's
compensation will be computed upon the basis of the actual quantities in the completed work,
whether they be more or less than those shown herein at the unit prices bid in the proposal schedule.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the
necessary bonds within ten (10) days from the date of approval of the contract by the City of
Huntington Beach, California.
P-2
• 0
The undersigned understands the contract time limit allotted for the contract is 180 calendar days.
The undersigned has examined carefully the site of the work contemplated, the plans and
specifications, and the proposal and contract forms therefore. The submission of a bid shall be
conclusive evidence that the bidder has investigated and is satisfied as .to the conditions to be
encountered, as to the character, quality, and scope of work to be performed, the quantities of
materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the
contract.
Accompanying this proposal is ($ ).
NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an
amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above name security a proposal guaranty and agrees that it shall be
forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by
the City and undersigned shall fail to execute a contract for doing said work and to furnish good and
sufficient bonds in the form set forth in the specifications and contract documents of the City, with
surety satisfactory to the City within 10 days after the bidder has received written notice of the award
of the contract; otherwise said security shall be returned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License
No.
Signature of Bidder
Business Address
Place of Residence
Dated this day of , 19
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
P-3
PROPOSED
I RMATION REQUIRED OF BIDD0
Bidder is required to supply the following information. Additional sheets may be attached if necessary.
1. Firm Name:
2. Address: 3. Telephone:
4. Type of firm -individual, partnership, or corporation:
5. Corporation organized under the laws of the State of:
6. Contractor's License Number:
7. List the names and addresses of all members of the firm or names and titles of all officers of the
corporation:
8. Number of years experience as a contractor in street sweeping work:
9. List at least six projects completed or currently under contract as of recent date:
CONTRACT
AMOUNT
CLASS OF
WORK
DATE
COMPLETED OR
CONTRACT DURATION
REFERENCES
NAME, ADDRESS & PHONE NUMBER OF OWNER
10. List the name of the person who inspected the sites of the proposed work for your
firm:
11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data,
or other information and references sufficiently comprehensive to permit an appraisal of his
current financial condition.
P-4
DII&NATION OF SUBCONTRACTO*
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of
the Government Code of the State of California, and any amendments thereto, each bidder shall set
forth below the name and location of the place of business of each subcontractor who will perform.work
on labor or render service to the prime contractor in or about the construction of the work or
improvement in an amount in excess of one-half (1/2) of one percent (1 %) of the prime contractor's
total bid, and shall further set forth the portion of the work which will be done by each subcontractor.
Only one subcontractor for each portion shall be listed.
if the contractor fails to specify a subcontractor for any portion of the work to be, performed under the
contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be
permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the
original bid shall only be permitted in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION STATE LICENSE
OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the above
subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by
subcontractor for this project.
P-5
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR REMOVAL AND REPLACEMENT
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ATTORNEY FEES
15
32.
ENTIRETY
15
3/k/curb/7/24/97
• - •
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR REMOVAL AND REPLACEMENT
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
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 removal and replacement of curbs, gutters, sidewalks,
driveways and trees on various streets in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF -WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be bome by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
jmp/k/g:agree/curbs2/7/24/97
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1995 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California chapter
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
2
3/k/curbs/7/24/97
0
•
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as .
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
($ ), 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.
3
3/k/curbs/7/24/97
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 an&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
4
3/k/curbs/7/24/97
•
•
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished. under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is
issued. In event of a delay in commencement of the work due to unavailability of the job site, for
any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay
due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for labor
and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all 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
5
3/k/curbs/7/24/97
item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Dollars ($�
per day for each and every working day's delay in completing the work in excess of the number
of working/calendar days set forth herein, which 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
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•
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, orin 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
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0 .0
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the 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.
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14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the workperformed 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 securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
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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. .
07��_�1►�i6�
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
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 the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, including but not limited to, concurrent active
or passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense.
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19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for. workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance shall
be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional
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
11
Wcurbsnn4ro7
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 tequirement 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
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terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 of
seq.
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
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Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
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.
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31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions
ofthis agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
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.
CONTRACTOR:
By:
print name
ITS: (circle one) Chairman/President/Vice President
r�
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
�LY City Attorney
TED AND APPROVED:
City Administrator
Director of Public Works
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STANDARD SPECIFICATIONS
Except as hereinafter provided, the provisions of the 1979 Edition of the "Standard
Specifications for Public Works Construction" (Green Book) published by Building News,
Inc. 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto,
adopted by the Joint Cooperative Committee of Southern California District and
Associated Contractors of California;. hereinafter referred to as Standard Specifications,
are adopted as the "Standard Specifications" for this project and shall be considered as
a part of these Special Provisions.
Where specified, the specified editions of "Standard Specifications" and "Standard Plans"
of - the State of California, Business and Transportation Agency, Department of
Transportation, shall apply. If no date of publication is specified, the most recent edition,
as of, the date of publication of the Notice Inviting Bids for this contract, shall apply.
PART 1
GENERAL SPECIAL PROVISIONS
1-2.1 Definitions
(a) AGENCY The City of Huntington Beach, California also
hereinafter called "City."
(b) BOARD
(c) CONTRACT
DOCUMENT
The City Council of the City of Huntington
Beach, California.
Documents including but not limited to the
proposal forms p-1 through p-5, Standard
Specifications, General Provisions, Special
Provisions, Plans, Bonds, Insurance, Contract
Agreement and all addenda setting forth any
modifications of the documents.
(d) ENGINEER The administrating officer of the City of
Huntington Beach or his authorized
representative.
1
1-3.1
2-1.1
(e) BIDDER Any individual, co -partnership, association or
corporation submitting a proposal for the work
contemplated acting directly or through a duly
authorized representative.
(f) LEGAL ADDRESS
OF CONTRACTOR The legal address of the Contractor shall be the
address given on the Contractor's bid and is
hereby designated as the place to which all
notices, letters or other communications to the
Contractor shall be mailed or delivered.
(g) LABORATORY An established laboratory approved and
authorized by the Engineer for testing materials
and work involved in the contract.
(h) SPECIAL
PROVISIONS The special provisions are specific clauses
setting forth conditions or requirements peculiar
to the work and supplementary to these
Standard Specifications. The Department of
Transportation publications entitled Labor
Surcharge and Equipment Rental Rates and
General Prevailing Wage Rates are to be
considered as a part of the special provisions.
(i) STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the
Government Code. The provisions of this act
and other applicable laws, form and constitute
a part of the provisions of this contract to the
same extent as is set forth herein in full.
Abbreviations
O.C.E.M.A Orange County Environmental Management Agency.
Award of Contract
The City reserves the right to reject any and all Proposals. The award of
the contract, if it be awarded, will be to the lowest responsible Bidder whose
Proposal complies with all the requirements prescribed by the City.
2
2-1.2 Execution of Contract
The contract shall be signed by the successful Bidder within ten (10)
working days after award and be returned together with the contract bonds,
to the City Clerk's office. Work shall commence within 10 working days
after the contract has been fully executed. No Proposal shall be considered
binding upon the City until the contract is executed by the Contractor and
the City. The contract time shall start on the day of contract execution by
the City.
2-1.3 Failure to Execute Contract
Failure to execute a contract and file acceptable bonds as provided herein
within the time specified for the applicable contract category shall be just
cause for the cancellation of the award and the forfeiture of the proposal bid
bond.
2-4.1 Return of Bid Bond
Within ten (10) days after the award of the contract, the City of Huntington
Beach will return the bid bonds accompanying the proposals which are not
to be considered in making the award. All other bids bonds, will be held
until the contract has been finally executed, after which they will be returned
to the respective bidders whose proposal they accompany.
2-4.2 Guarantee
The contractor, by submission of a bid for this project, expressly agrees to
the herein stipulated guarantee of materials, products workmanship and
installations incorporated into this project.
All work performed in accordance with these plans, standard specifications
and special provisions, including, but not limited to, workmanship,
installation, fabrications, material and structural, mechanical, or electrical
facilities shall be guaranteed for a period of six months, commencing with
the filing of the notice of completion and acceptance of the contract by the
City, unless specific areas are to be guaranteed longer as provided in
Special Provisions.
Security of this guarantee shall be furnished to the City and may be
included as part of the Faithful Performance Bond. There shall be express
wording in the Performance Bond, if such bond includes the guarantee or
warranty of the Labor and Materials for a six month period, commencing
3
with the filing of the Notice of Completion and acceptance of the contract
by the City. The guarantee amount shall be for the full amount of the
Performance Bond. Release of the Performance Bond shall not apply to
the guarantee or warranty period.
The Contractor, by agreeing to this latent defect guarantee, also agrees that
within 10 days after notification of a failure or deterioration of a facility or
work covered under this contract, he will repair, replace or show reasonable
cause as to reason for further delay. Refusal or failure to commence repair
or replacement will cause the City to file claim against the bond.
Excepted from the guarantee of labor and materials will be defects caused
by acts of God, acts of the City, acts of vandals, or by acts of others
outside or beyond the control of the Contractor.
2-5.1.1 Plans and Specifications
The Engineer will provide the Contractor, free of charge, copies of plans,
special provisions and additions to the General Provisions of the Standard
Specifications that are reasonably necessary for the execution of work.
Contractor . shall, at his own expense, obtain copies of Standard
Specifications and Standard Plans and Specifications of the State of
California, for his general use.
If after award of contract, should it appear that the work to be done, or any
matter relative thereto, is not sufficiently detailed or explained in the
Standard Specifications, Specifications, Special Provisions and plans, the
Contractor shall request from the Engineer further explanation or
interpretation of the contract. The request by the Contractor and the
Engineer's response shall be in writing.
All scaled dimensions are approximate. Before proceeding with any work,
the Contractor shall carefully check and verify all dimensions and quantities
and shall immediately inform the Engineer or his representative of any
discrepancies.
2-5.1.2 Competency of Bidders and Payment for Plans and Specifications
Plans, Special Provisions and Proposal forms will be issued only to those
contractors who can qualify as competent bidders. A charge will be
required for the taking out of plans, none of which will be refunded to any
bidder.
4
•
•
2-6.1 Removal of Defective and Unauthorized Work
All work which is defective in its construction or does not .meet all of the
requirements of the Plans and/or Specifications shall be remedied, or
removed and replaced by the Contractor in an acceptable manner, and no
compensation will be allowed for such correction.
Any work done beyond the limits of the lines and grades shown on the
plans or established by the Engineer, or any extra work done without written
authority, will be considered as unauthorized and will not be paid.
Upon failure on the part of the Contractor to comply forthwith with any
order of the Director made under the provisions of this.article, the Engineer
shall have authority to cause defective work to be remedied, or removed
and replaced, and unauthorized work to be removed, and to deduct the
costs and thereof from any monies due or to become due the Contractor.
2-7.1 Soil Conditions
The Contractor shall inspect the soil conditions himself before submitting a
bid. By submitting a bid, the Contractor acknowledges that he has satisfied
himself as to the quality of the work including but not restricted to the
conditions affecting, handling and storage of materials, disposal of excess
materials, the soil conditions, and level and amount of groundwater.
2-9.1 Permanent Survey Markers
Unless otherwise provided in the Special Provisions, the Contractor shall be
responsible for protecting all existing horizontal and vertical survey controls,
monuments, ties and bench marks located within the limits of the project.
If any of the above require removal, relocating or resetting, the Contractor
shall, prior to any construction work, notify the Engineer so arrangements
can be made to establish sufficient temporary ties and bench marks to
enable the points to be reset after completion of construction.
2-10.1 Authority of Board and Inspection
The Contractor shall give at least 24 hours advance notice when he or his
Subcontractor will start or resume the work.
The above notice is to be given during working hours, exclusive of
Saturday, Sunday or City holidays for the purpose of permitting the
Engineer to make necessary assignments of his representatives.
5
If the Contractor elects to work under this contract more than 8 hrs/day or
more than 40 hrs/week, Saturday, Sunday, or City holidays, he shall
arrange with the Engineer for the required inspection service and pay the
special inspection fees which will be charged at the following rates:
4 hrs. or less/day $125.00
4 hrs. to 8 hrs/day $250.00
When Special Inspection is required, the Contractor shall notify the City and
pay inspection fees 24 hours in advance. If the Contractor is directed the
City to work under this contract more than 8 hrs/day or more than 40
hrs/week, the Special Inspection fee requirements will be waived.
Any work performed in conflict with said advance notice, without the
presence or approval of the Engineer, or work covered up without notice,
approval or consent may be rejected or ordered to be uncovered for
examination at Contractor's expense, and shall be removed at Contractor's
expense, if so ordered by the Engineer. Any unauthorized or defective
work, defective material or workmanship or any unfaithful or imperfect work
that may be discovered before the final payment and final acceptance of
work shall be corrected immediately without extra charge even though it
may have been overlooked in previous inspections and estimates or may
have been caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given
on the approved plans shall be in writing. No changes shall be made on
any plan or drawing after the same has been approved by the Engineer,
except by direction of the Engineer in writing. Deviations from the approved
Plans, as may be required by the exigencies of constructions will be
determined in all cases by the Engineer and authorized in writing.
All instructions, rulings and decisions of the Engineer shall be in writing and
shall be final and binding on all parties unless formal protest is made in
writing and as provided in the following paragraph:
If the Contractor considered any work demanded of him to be outside the
requirements of the contract, or if he considers any instruction, ruling or
decision of the Engineer to be unfair, he shall within ten (10) days after any
such demand is made, or instruction , ruling or decisions is given, file a
written protest with the Engineer stating clearly and in detail his objections
and reasons therefore. Except for such protests and objections as are
made of record, in the manner and within the time above stated, the
Contractor shall be deemed to have waived and does hereby waive all
claims for extra work, damages and extensions of time on account of
• 0
demands, instructions, rulings and decisions of the Engineer.
Upon receipt of any such protest from the Contractor, the Engineer shall
review the demand, instruction, ruling or decision objected to and shall
promptly advise the Contractors, in writing of his final decision, which shall
be binding on all parties, unless within the ten (10) days thereafter the
Contractor shall file with the City Council a formal protest against said
decision of the Engineer. The City Council shall consider and render a final
decision on any such protest within thirty (30) days of receipt of same.
2-10.2 Requirements for Work Within Other Agencies Right -of -Wax
The Contractor shall prosecute work on other agencies' right-of-way only in
the presence of the inspector representing the agency and any work done
in the absence of said inspector will be subject to rejection. The Contractor
shall make the appropriate notification according to the instruction given on
the permit for all inspections, and shall post all bonds and certifications
required by the permit. The permit shall be acquired by the City However,
the Contractor may also be required to secure additional permits under his
own name, which permits shall be processed at the Contractor's expense.
The Contractor shall pay for all testing and inspections required by the
permit.
2-10.3 Final Inspection
Whenever the work provided for and contemplated by the contract shall
have been satisfactorily completed and the final cleaning performed, the
Engineer will make the final inspection.
4-1.4.1 Test of Materials
All tests of materials furnished by the Contractor shall be made in
accordance with commonly recognized standards of national organizations,
and such special methods and tests as are prescribed in the Standard
Specifications.
No materials shall be used until they have been approved by the Engineer.
The Contractor shall, at his expense, furnish the City, in triplicate, certified
copies of all required factory and mill test reports. Any materials shipped
by the Contractor from a factory or mill prior to having satisfactorily passed
such testing and inspection by a representative of the City shall not .be
incorporated in the work, unless the Engineer shall have notified the
Contractor, in writing, that such testing and inspection will not be required.
•
•
At the option of the Engineer, the source of supply of each of the materials
shall be approved by the Engineer before delivery is started and before
such material is used in the work.
The City of Huntington Beach will pay for the initial soil and material tests.
Any subsequent soil and materials tests deemed necessary due to the
failure of initial tests will be at .the Contractor's expense.
6-1.1 Construction Schedule and Commencement of Work
Prior to the start of work, arrangements will be made for a meeting between
the Contractor and the Engineer. The purpose of this meeting is to
coordinate the activities of the Contractor within the limit of this contract,
review scheduling, discuss construction methods and clarify inspection
procedures. The Contractor shall submit for approval by the Engineer a
complete schedule showing the number of working days required tc
complete the project.
The contract time shall commence upon the date of execution of the
contract by the City.
6-1.2 Progress of the Work and Time for Completion
The Contractor shall begin work within ten (10) working days after the
contract has been fully executed by the City and shall diligently prosecute
the same to completion before the expiration of the time specified in the
proposal, specifications, and/or contract.
6-2.1 Progress Schedule
When, in the judgment of the City, it becomes necessary to accelerate the
work, the Contractor, when ordered, shall cease work at any particular point
and concentrate his forces at such other point or points as directed; and
execute such portions of his work as may be required to enable others to
hasten and properly engage and carry on their work.
6-8.1 Acceptance
Should it become necessary, due to developed. conditions, to occupy any
portion of the work before contract is fully completed, such occupancy shall
not constitute acceptance.
L?
0 41
7-2.3
7-2.4
General Prevailing Wage Rates
In accordance with the provisions of Section 1773 of the Labor Code, the
State of California Director of the Department of Industrial. Relations shall
determine the general prevailing rate of wages, applicable to the work to be
done; copies of the latest general wage rate determinations are on file at
the office of the City Clerk, and the office of the Director of Public Works of
the City of Huntington Beach, California.
Payroll Records
The Contractor's attention is directed to the following provisions of Labor
Code Section 1776 (Stats. 1978, Ch. 1249). The Contractor shall be
responsible for compliance with these provisions by his subcontractors.
a. Each contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker or
other employee employed by him or her in connection with the public
work.
b. The payroll records enumerated under subdivision (a) shall be certified
and shall be available for inspection at all reasonable hours at the
principal office of the contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or her
authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (a)
shall be made available for inspection or furnished upon request to
a representative of the body awarding the contract, the Division of
Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
3. A certified copy of all payroll records enumerated in subdivision (a)
shall be made available upon request to the public for inspection or
copies thereof made; provided, however, that a request by the public
shall be made through either the body awarding the contract, the
Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. The public shall not be given access to
such records at the. principal office of the contractor.
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c. Each Contractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested such records within 10
days after receipt of a written request.
d. Any copy of records made available for inspection as case and
furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement shall be marked or obliterated in such
a manner as to prevent disclosure of an individual's name, address and
social security number. The name and address of the contractor
awarded the contract or performing the contract shall not be marked or
obliterated.
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e. The Contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a), including the
street address, city and county, and shall, within five (5) working days,
provide a notice of a change of location and address.
f. In the event of noncompliance with the requirements of this section, the
Contractor shall have ten (10) days in which to comply subsequent to
receipt of written notice specifying in what respects such contractor must
comply with this section. Should noncompliance still be evident after
such ten day period, the contractor, shall, as a penalty to the state or
political subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon
the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement, such penalties shall be withheld from
progress payments then due.
7-3.1 Public Liability and Property Damage Insurance
The Contractor shall furnish to the City and maintain during the life of the
contract a public liability insurance policy in which the City is named as an
additional insured. The Contractor shall also hold harmless the City, its
officers and employees while acting within the scope of their duties, against
all claims arising out of or in connection with the work to be performed.
The policy shall provide for not less than the following amounts:
Combined Single Limit Bodily Injury and/or Property
Damage Including Products Liability,
$1,000,000 combined single limit per occurrence.
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Such policy shall provide coverage at least as broad as that provided in the
Standard Form approved by the National Bureau of Casualty Underwriters
together with such endorsements as are required to cover the risks
involved.
The Contractor shall arrange for the policies to be so conditioned as to
cover the performance of "Extra Work," should such work become
necessary.
Prior to the commencement of work under the contract, evidence of
insurance shall be furnished on a form provided by the City, and no other
form will be accepted. In addition, the Contractor shall furnish evidence of
a commitment by the insurance company to notify the City of the expiration
or cancellation of any of the insurance policies required hereunder not less
than thirty (30) days before any change in coverage, expiration or
cancellation is effective.
The Contractor shall also show proof of Workers' Compensation coverage
or a valid certificate of self-insurance.
7-5.1 Permits and Licenses
Except as otherwise specified in the Special Provisions, the Contractor shall
procure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the
work. These permits and licenses shall be obtained in sufficient time to
prevent delays to the work. In the event that the agency has obtained
permits, licenses or other authorizations applicable to the work, the
Contractor shall comply with the provisions of said permits, licenses and
other authorizations. The Contractor shall obtain from the State of
California, the Industrial Safety Permit required for the various construction
items.
7-6.1 The Contractor's Representative
Contractor shall also file with the Engineer, the address and telephone
numbers where he or his designated representative may be reached during
hours when the work is not in progress. Instructions and information given
by the Engineer to the Contractor's authorized representative in person, at
the address or telephone numbers filed in accordance with this section shall
be considered as having been given the Contractor.
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7-6.2 Superintendence
Whenever the Contractor is not present on any part of the work where the
City desires to give direction, orders will be given by the Director in writing,
and shall be received and obeyed by the Contractor's superintendent or
foreman in charge of the particular work in reference to which orders are
given.
7-8.1 Cleanup and Dust Control
All surplus materials shall be removed from the site immediately after
completion of the work causing the surplus materials.
Unless the construction dictates otherwise, and unless otherwise approved
by the Engineer, the Contractor shall furnish and operate a self -loading
motor sweeper with spray nozzle at least once each working day to keep
paved areas acceptably clean whenever construction, including restoration
is incomplete.
7-8.5.1 Use of City Water System
The Contractor shall make arrangements with the City of Huntington Beach
Water Department for requirements, location of source and payment prior
to the taking of any water from the City system.
7-8.7 Noise Control
If the construction site is located adjacent to a residential area, the
Contractor shall take all necessary steps to limit the amount of noise
emitting from construction equipment used.
In addition, working hours shall be restricted to between the hours of 7:00
AM to 6:00 PM.
7-8.8 Flow and Acceptance of Water
Storm, surface and possibly ground or other water may be encountered at
various times and locations during the work. Such waters may interfere
with the Contractor's operations and may cause damage to adjacent or
downstream private and/or public property by flooding or lateral erosion if
not properly controlled by the Contractor and the Contractor acknowledges
that his bid was prepared accordingly. The Contractor, by submitting a bid,
assumes all of said risk.
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The Contractor shall conduct his operations in such manner that storm or
other waters may proceed without diversion or obstruction along existing
street_ and drainage courses. Drainage of water from existing catch basins
shall be maintained at all times. Diversion of water for short reaches to
protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Engineer, are not
subject to the probability of damage. The Contractor shall obtain written
permission from the applicable public agency or property owner before any,
diversion of water will be permitted by the Engineer.
In the course of water control, the Contractor shall conduct construction
operations to protect waters from pollution with fuels, oils, bitumens or other
harmful materials.
The City has received a permit for discharging from the California Regional
Water Quality Control Board that is reproduced in these Special Provisions
as Attachment B.
7-8.9 Erosion Control
The Contractor shall submit a written plan specifying methods to control
erosion due to the construction activities of the project. This plan shall be
submitted for approval to the Director no later than five (5) days after the
opening bids.
7-8.10 California Regional Water Quality Control Board Permit
The City has received a permit for discharge from the California Regional
Water Quality Control Board. No water quality problems are anticipated as
a result of groundwater dewatering discharge. However, if problems
develop and it is necessary to aerate, oxidize, detail or otherwise treat the
discharge, said treatment will be considered as "extra work" and shall be
carried on by the Contractor.
All monitoring and reporting required by the permit will be done by the City;
however, this does not relieve the Contractor from --compliance with other
conditions, provisions and requirements of the permit.
Applicable sections of said permit are herein contained and shall be
considered as part of these Special Provisions.
7-10.1.1 Traffic and Access
No full closures will be permitted. Daylight lane closures will be permitted
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with prior approval of the Engineer provided flagmen are available for
control of vehicle movements. Closures are limited to between 9:00 AM
and 3:00 PM. Safety precautions shall conform to Section 86-1.07 of State
Standard Specifications and these Special Provisions.
Applicable sections of California Administrative Code, Title 8, concerning
electrical and construction safety standards and practices, shall be adhered
to and enforced by the Contractor.
Contractor shall require that an approved safety vest be worn by all
personnel who are working at this project site. Any worker without a vest
may be ordered off the job by the Inspector until such apparel is acquired.
Questions as to approved vests shall be directed to the Engineer.
The Contractor shall provide for and maintain provisions for public traffic
through the construction area ' at all times.. Unless otherwise specified in
these Special Provisions, work shall be in accordance with Sections 4-1.04,
7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the
State Department of Transportation, Standard Specifications, and as
provided for in Title 8 of State of California, Department of Industrial
Relations, Construction Safety Order, and Chapter 12.24, "Warning Lights ---
Barricades" of the"Huntington Beach Municipal Code.
The Inspector may require additional devices to control traffic as traffic and
construction .conditions require. The Inspector may stop work at the job site
until the required safety and traffic control devices are put in place by the
Contractor. The cost for additional safety and traffic control devices shall
be included in the unit price or lump sum prices bid for the job and no
additional compensation will be allowed therefore. Questions pertaining to
construction, warning signs and devices shall be directed to the Engineer.
Prior to the beginning of work, the Contractor shall present to the City a
detour plan pertaining to any detour(s) he feels will be required to properly
prosecute the work. The detour plans, when accepted by the City, shall
become the official document upon which detour(s) shall be put in place
and maintained When required. Any detour which will last longer than three
calendar days shall be delineated by removing the existing striping and
legends on the pavement by sandblasting and placing new striping and
legends as may be appropriate to accommodate the detour. Upon
completion of the work and the restoration of the road surface to its final
condition, the detour striping shall be removed by sandblasting by the
Contractor and the original' striping replaced. Cost for removal and
replacement of detour striping shall be included in the other items bid for
the work and no additional compensation shall be allowed therefore.
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The Contractor's attention is specifically directed to HBMC Section 12.24,
"Warning Lights - Barricades," pertaining to the use of barricades and lights
in excavation areas. Flashing barricades will be allowed as a substitute for
"lights" as described in that section.
7-10.1.2 Safety Precautions
Contractor shall require that an approved safety vest be worn by all
personnel who are working 'at this project site. Any Worker without a vest
may be ordered off the job by the Inspector until such apparel is acquired.
Questions as to approved vests shall be directed to the Engineer.
Applicable sections of California Administrative Code, Title 8, concerning
electrical and construction safety standards and practices, shall be adhered
to and enforced by the Contractor.
7-10.3 Barricades
All barricading to meet manual on Uniform Traffic Control Devices - 1975.
7-10.5 Water Main Shut Down
When a City water main or service is to be shut down, the affected
residents shall be notified by the Contractor at least 24 hours in advance
of the shut down. The Contractor shall proceed with the water facilities
work in an expedient manner until the water lines are in service.. If water
service to residents is disrupted for more than 4 hours, the Contractor shall
provide temporary water service to the residents. The cost shall be
included in the other items bid.
7-15 Registration of Contractor
Prior to the award of contract, the Contractor shall be licensed in
accordance with the provisions of Article 1 to 9 inclusive of Chapter 9,
Division 3 of the Business and Progressions Code of the State of California
and Amendments thereof, providing for the registration of Contractors, and
defining the term Contractor; providing a method of obtaining licenses to
engage 'in the business of contracting and fixing the fees for such licenses;
and prescribing the punishment for violation of provisions thereof, as
amended.
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9-3.1.2
9-3.2.1
Payment General
Payment for the furnishing of all labor, material and equipment necessary
to perform all work indicated on the plans and described in these
specifications and Special Provisions shall be included in the contract unit
prices bid for the items listed on the Proposal and no additional
compensation will be allowed. Compensation for items of work shown or.
described, but not listed on the proposal, will be considered to be included
in the prices bid for listed items.
Non -listed items to be included in the unit prices bid for various items listed
on the proposal consist. of, but are not limited to the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Water and dewatering
Backfill, compaction and disposal
Maintaining public utility facilities
Miscellaneous removals
Trench resurfacing
General finishing and clean-up
Barricading, traffic control and temporary striping
Restoring private property improvements
Potholing utilities
Progress Payments
of surplus material
The City shall, once in each month, cause an estimate in writing to be made
by the Engineer of the total amount of work done and the acceptable
materials furnished and delivered by the Contractor to the job site and not
used as of the time of such estimate and the value thereof. The City shall
retain money in the amount of ten percent (10%) of the progress payment
unless approval of Engineer for greater percent of such estimated value of
the work done is obtained. The City shall retain money in the amount of
fifty percent (50%) of the value of the materials so estimated to have been
furnished and delivered and unused, provided the materials were fabricated
specifically for the project. No payment will be made for standard stock
items that have not been incorporated in the work.
The City shall monthly pay to the Contractor while performing the work, the
progress payment balance, after deducting therefrom all previous payments
and all sums to be kept or retained under the provisions of the contract. No
estimate or payment shall be required to be made when in the judgment of
the Engineer, the work in not proceeding in accordance with the provisions
of the contractor when in his judgment the total value of the work done
KI
since the last estimate amounts to less than three hundred dollars ($300).
At the request and expense of the contractor, substitution of securities for
any monies withheld by the City to insure performance under the contract.
shall be permitted in accordance with provisions of the California
Government Code, Section 4590.
9-3.2.2 Final Payment
The Engineer shall, after completion of the contract, make a final estimate
of the amount of work done thereunder and the value of such work, and the
City of Huntington Beach shall pay the entire sum found to be due after
deducting therefrom all previous payments and all amounts to be kept and
all amounts to be retained under the provisions of f the contract. All prior
partial estimates and payments shall be subject to correction in the final
estimates and payment. The final payment shall not be due and payable
until after the expiration of thirty-five (35) days from the date of recording
a Notice of Completion.
It is mutually agreed between the parties to the contract that no certificates
given or payments made under the contract, except the final payment shall
be evidence of the performance of the contract, either wholly or in part,
against any claim of the party of the first part and no payment shall be
construed to be an acceptance of any defective work or unacceptable
materials.
Section 10 Proposal Requirements
10-1 Examination of Plans. Standard Specifications, Special Provisions and
Site of Work
The bidder shall examine carefully the site of the work contemplated and
the proposal, plans, specifications and contract forms therefore. It will be
assumed that the bidder has investigated and is satisfied as to the general
and local conditions to be encountered; as to the character, quality and
quantities of the work to be performed and materials to be furnished; as to
the character of equipment and facilities needed preliminary to and during
the prosecution of the work; and as to the requirements of these
specifications.
It is mutually agreed that submission of a proposal shall be considered
prima facie evidence that the bidder has made such examination. No
verbal agreement or conversation with any officer, agent or employee of the
City either before or after the execution of this contract'shall effect or modify
any of the terms or obligations herein contained.
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10-2 • Proposal Form
All proposals must be made upon blank forms to be obtained from the.office
of the Director of Public Works at the Civic Center, Huntington Beach,
California. The Bidder shall submit his Proposal on the form furnished him.
Proposals submitted on forms other than the one issued to the Bidder will
be disregarded.
All proposals must give the prices proposed both in words and numbers, of
which words will prevail over numbers, and must be signed by the Bidder
with his address and telephone number. If the proposal is made by an
individual, firm or partnership, name, post office address and telephone
number must be shown. If made by a corporation, the Proposal must show
the name of the state under which the laws of which the corporation, and
the names, title and business addresses and telephone numbers of the
President, Secretary and Treasurer.
10-3 Proposal Bid Bond
All bids shall be presented under sealed cover and shall be accompanied
by cash, a cashier's check, certified check or bidder's bond made payable
to the City of Huntington Beach, for an amount equal to at least ten percent
(10%) of the amount of said bid, and no bid will be considered unless, such
cash, cashier's check, certified check, or bidder's bond is enclosed
therewith.
10-4 Withdrawal of Proposals
Any bid may be withdrawn at any time prior to the hour fixed in the Notice
to Contractors for the opening of bids provided that a request in writing,
executed by the Bidder or his duly authorized representative, for the
withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid
shall not prejudice the right of a Bidder to file a new bid.
10-5 Public Openingof f Proposals
Proposals will be opened and read publicly at the time and place indicated
in the Notice To Contractors. Bidders or their authorized agents are invited
to be present.
10-6 Rejection of Proposals Containing Alterations. Erasures or Irregularities
Proposals. may be rejected if they show any alterations of form, additions
not called for, conditional or alternative bids, incomplete bids, erasures, or
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irregularities of any kind. Any mistakes and their subsequent corrections
shall be initialed by the Bidder. The right is reserved to reject any or all
Proposals.
10-7 Disqualification of Bidders
More than one proposal from an individual, a firm, a partnership, a
corporation, or an association under the same or different names will not be
considered. Reasonable ground for believing that any Bidder is interested
in more than one Proposal .for the work contemplated will cause the
rejection of all Proposals in which such bidder is interested. If there is
reason for believing that collusion exists among any or all bidders, any or
all Proposals may be rejected. Proposals in which the prices obviously are
unbalanced may be rejected.
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SPECIFICATIONS
MSC 389
SPECIAL PROVISIONS
The following additions are made to Parts 2, 3, and 4 of the Standard Specifications. If
there is a conflict between these additions and the Standard Specifications, these
additions shall have precedence.
PART 2
CONSTRUCTION MATERIALS
Where applicable, alternative materials specified in Section 4 of the Standards
Specifications, may be used.
1. Crushed Aggregate Base
Shall be used in all areas of curb, curb and gutter requiring fill in excess of 2
inches thickness to prepare sub -grade.
2. Concrete
Shall be Class 520-C-2500 for sidewalks, driveways, driveway aprons, and
applicable onsite driveways. Class 520-D-2500 may be used for machine
extruded curb or curb and gutter.
3. Asphalt Concrete
Shall be C2-AR-4000 for reconstruction of street surfaces and applicable
driveway areas adjacent to sidewalks and/or onsite.
4. Laboratory Maximum Density
Laboratory Maximum Density tests shall be per Method 2. The correction for
oversize material as stated in Test Method No. California 216 shall be replaced
with Note 2 or A.S.T.M.D1557.
5. Relative Compaction
Wherever relative compaction is specified to be determined by Test Method No.
Calif. 216, the relative compaction will be determined by Test Method No. Calif.
216 or 231. The area, as stated in Test Method No. Calif. 231, may be
represented by one or more individual test sites.
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6. Sand Equivalent Tests
Evaluation of gradation and sand equivalent tests results shall conform to the
provisions of Subsection 400-1.4. The gradation and sand equivalent
requirements of Subsections 200-2.2, 200-2.3, 200-2.4, 100-2.5 and 200-2.6
shall be the moving average requirements. Individual test requirements for
gradation and sand equivalent shall be as determined by the Engineer.
7. Irrigation -Systems
The materials shall be of the same size and type that is in place before removal.
No change of size and type unless property owner agrees to change.
8. Top Soil
Class 6 topsoil shall be furnished for fill areas behind curb and gutter, new
sidewalks, and adjacent to existing private owned property,
PART 3
GENERAL WORK DESCRIPTION
General Description of Work
1. Local Street Improvement
The work to be done consists of the removal and disposal of parkway trees,
removal and disposal and replacements of curbs and gutters, sidewalks,
driveways, and onsite driveways as necessary to meet new grade.
2. Examination of Premises
Each contractor, by submission of a bid shall be held responsible to have visited
the site and to have determined for himself all the existing conditions and
limitations which may affect the work specified to be performed. Each contractor
submitting a bid will be held responsible to determine all quantities of the total
work.
3. Preservation of Property
The Contractor shall protect in place (as possible) any block wall, fence, shrub,
bush, tree or other private property adjacent to or directly threatened by intended
construction. Should removal seem necessary, the contractor shall first contact
21
0
the Engineer so that a qualified inspector can judge its possible protection,
salvage, and/or relocation.
4. Tree Removal
Tree removal and disposal shall be accomplished by root pruning, as necessary,
removal of tree, root ball, and roots to the depth specified or less, if no roots exist
to the three foot depth. The contractor shall protect all existing private irrigation
lines, utility service lines, sewer, gas, electric, telephone, water, or cable
television; and shall cause all lines damaged during tree removals to be repaired.
5. Irrigation System
a. The contractor, prior to removal, shall contact the homeowner or resident
to verify that the irrigation system is in good working condition prior to
starting removal. Should it not be, then it shall be repaired at their own
expense and the Engineer should be notified to verify also.
b. Irrigation systems that are in good working condition, the contractor shall
notify the property owner that during construction they will be damaged
and Contractor will remove the existing heads and give them to the owner
to hold until construction is complete and he has made all repairs to the
system and has restored it to the same condition it was before
construction began, at no cost to the home owner.
6. Parkways
a. The Contractor shall notify the property owner that there will be damage to
the existing lawn during construction and that he will remove sod or plants
and place them in a place specified by owner for protection during
construction. However, if property owner wishes not to save sod or plants
then Contractor will remove and dispose of them.
b. The Contractor shall notify property owners that have concrete brick or
ornamental concrete in parkways that it will be removed and not replaced
unless the homeowner requests it and shall be at their expense.
C. The Contractor shall notify the home owners that all parkways where sod
and plants are removed the Contractor will re -grade the parkway to 2"
below the top of the curb and back of sidewalk and replace it with Class B
topsoil. Contractor shall re -seed the parkway and apply top dressing seed
cover.
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7. Driveways and Driveway Approaches
a. The Contractor shall notify the home owners that their existing driveway
approach will be removed and replaced from the back of the walk to the
back of the curb and replaced at the width that it was prior to construction.
Also, any property owner wishing to have the driveway approach widened
shall be at their expense for the additional width.
b. The Contractor shall notify the property owners that any owner wishing to
have their onsite driveway removed and replaced from the face of the
garage to the back of the walk, being it concrete or asphalt, will be done
at their expense.
C. The Contractor shall measure all driveway approaches prior to removals
and submit- measurement to the Engineer prior to any removals.
Contractor will be paid on these measurements by the City and any
additional measurement will be paid by the owners.
d. Any driveway leading from house to back of sidewalk that appears to be
lower or higher than back of new sidewalk, the Contractor shall notify the
Engineer and he shall determine the amount of removal and replacement.
8. Finish Grading of Property Owners Lawn - Back of Sidewalk
a. The Contractor shall notify the owner that a portion of the sod and
irrigation system may be removed during construction and replacement of
sidewalk.
b. Any walkway leading from house to back of sidewalk that appears to be
lower or higher than back of new sidewalk, the Contractor shall notify the
Engineer and he shall determine the amount of removal and replacement.
C. Any removal and replacement of property owners sidewalk shall be done
on the same unit prices that are on the bid proposal, except for any
ornamental sidewalk which will be done on a. negotiated- basis and
Change Order with the Engineer.
d. There shall be no cost to the property owner.
9. Water Valve Boxes
a. Existing water valve boxes will be removed and replaced with new boxes
and lids, in accordance with Huntington Beach Standard Plans.
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b. The City will furnish the new boxes and lids to Contractor for installation.
After removal of old boxes the Contractor shall contact the City Water
Division to pick up the old boxes and lids, not broken or damaged, for
recycling. All broken or damaged boxes and lids shall be disposed of by
Contractor.
10. Work to be Performed by City Forces
City forces will perform the following work which is pertinent to -the completion of
this project.
a. Performance of field surveying to establish desired finish line grade, curb
alignment, and flowlines as necessary.
b. Contractor shall notify survey crew twenty-four hours prior to requesting
survey.
C. Repainting of traffic control striping and legends which may be covered by
any capping.
11. Additions to the Standard Specifications - General
The Contractor shall perform the following in addition to or in accordance with
the Standard Specifications.
a. Furnish and maintain lighted barricades and/or delineators during entire
project as required.
b. Pre -clean all areas to be capped or adjacent to any paving by self
propelled power street sweepers.
c. Schedule all paving operations to provide for the least disruption to
vehicle traffic through the project limits.
d. Provide entry/exit to all driveways to private property excepting only such
times as forms are in place or curing of freshly poured concrete or placed
asphalt paving as required.
e. Notify property occupants of work schedules that may require advance
removals of vehicles from garages or private driveways 48 hours prior to
starting construction.
If. Notify all utility companies 48 hours prior to starting construction,
including police and fire for any street.
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12. Noise Control
a. If the construction site is located adjacent to a residential area, the
Contractor shall take all necessary steps to limit the amount of noise
emitting from construction equipment used. .
b. In addition, working hours shall be restricted to between the hours of 7:00
AM to 6:00 PM.
13. SANITATION
a. The Contractor shall provide and maintain closed toilets for the use of
employees engaged in the Work. These accommodations shall be
maintained in a neat and sanitary condition. They shall also comply with
all applicable laws, ordinances, and regulations pertaining to public health
and sanitation of dwellings and camps.
b. Wastewater shall not be interrupted. Should the Contractor disrupt
existing sewer facilities, sewage shall be conveyed in closed conduits and
disposed of in a sanitary sewer system. Sewage shall not be permitted to
flow in trenches or be covered by backfill.
14.. Cleanup and Dust Control
a. All surplus materials shall be removed from the site immediately after
completion of the work causing the surplus materials.
b. Unless the construction dictates otherwise, and unless otherwise
approved by the Engineer, the Contractor shall furnish and operate a self -
loading motor sweeper with spray nozzle at least once each working day
to keep paved areas acceptably clean whenever construction, including
restoration, is incomplete.
15. Bituminous Pavement Removal
a. Bituminous- pavement removal adjacent to pavement which is to remain in
place shall be removed to a neatly trimmed saw -cut edge. The contractor
will be allowed to use a two step process, first to make an initial rough cut
by machinery or pavement breakers, and second by performing the saw -
cutting immediately prior to laying down the new asphalt concrete work.
Should, by this operation, the area of the pavement be increased beyond
the limits shown on the plans, no additional compensation will be allowed
for items within the increased areas.
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b. Sawcuts for pavement removals to install gutter forms shall be made to
parallel the gutter edge to provide street drainage to the flowline. Finished
pavement slopes should be planned to be a minimum of 1 % and
maximum of 5%.
C. Sawcuts for pavement removals of onsite driveways shall be made
parallel to sidewalks, and shall be minimally encroaching, only sufficient to
provide satisfactory entry/exit.
16. Untreated Base Materials
a. SECTION I. MATERIALS
Untreated base materials shall meet the requirements of Section 400 and
these Special Provisions. In lieu of the second sentence of Section 200-
2.4.1, at least 65 percent, by weight, of the material retained on the No.4
sieve shall be crushed particles as determined by Test Method No.
California 205.
b. Evaluation of gradations and sand equivalent tests results shall conform
to the provisions of Subsection 400-1.4. The gradation and sand
equivalent requirements of Subsection 200-2.3, 200-2.4, 200-2.5, and
200-2.6 shall the be moving average requirements. Individual test
requirements for gradation and sand equivalent shall be as determined by
EMS -Materials Lab.
C. Add to Subsection 301-2.2, "General', the following:
Untreated base material for pavement, cross gutters, spandrels, and
similar types of improvements, shall be constructed to material as
specified herein.
The material grading shall be either Coarse or Fine as specified in the
Section 200-2.4.2, Grading", of the Standard Specifications, at the option
of the contractor. Changes from one grading to another shall be made
during the progress of the work, unless permitted by the Engineer.
d. Revise Subsection 301-2.2. "Spreading". as follows:
Delete the last sentences in paragraph 2 and add the following:
At the time untreated base material is spread, it maX have a moisture
content sufficient to obtain required compaction. Such moisture shall be
uniformly distributed throughout the material.
26
17. Asphalt Concrete Pavement
a. Asphalt concrete pavement for the areas in the streets adjacent to gutters
may placed either by hand spreading or by tractor with spreader bar, luted
to grade, and rolled. The finished surfaces shall be smooth and uniform,
and shall drain the street towards the flowlines.
b. Asphalt concrete pavement for the areas of the driveways behind the back
of new sidewalks shall be placed as provided in (1.) above, including
those areas on private property. Redwood headers shall be furnished and
installed along each side of driveways from the back of sidewalk to the
join edges of existing driveways per Section 302-5.4.
C. All asphalt concrete pavement shall be a minimum of 2" thickness,
compacted in place. .
d. Prime, tack, and seal coats will be required to be applied in accordance
with the Standard Specifications.
18. Portland Cement Concrete
a. Portland Cement Concrete may be furnished to meet the requirements of
Section 400 of these special provisions, in lieu of the previously specified
class.
b. For 2500 class concrete ,a pre -qualified mix design may be used in
accordance with the provisions of ACI 318-71, Section 4.2.2.1, in which
fc=2500 psi.
The sodium sulfate loss requirement and the gradation x-value submittal
required of Section 400-1.3.1 may be. waved by the Engineer.
The cement type requirement,. Section 201-1.2.1, shall be type II or V
cement shall conform to ATMC 150 and the low alkali requirements of
Table 1A therein.
The cleanness Value requirement of Section 200-1.4 shall be replaced
with the following;
Tess Test Method No. Requirements
Cleanness Value California 227
Individual Test 70 Min.*
Moving Average 75 Min.*
27
The Sand Equivalent requirement of Section 200-1.5.3 shall be replaced
with the following:
Tests Test Method No. Requirements
Sand Equivalent California 217
Individual Test 70 Min.*
Moving Average 75 Min.*
* For 2500 or less class concrete, except concrete pavement, a minimum
65 Individual Test Result and a minimum 70 Moving Average will be
acceptable if 2500 psi 28-day strength criteria of Section 201-1.1.4 are
met, at a 6-inch slump or greater.
Evaluation of Sand Equivalent and Cleanness Value results shall conform
to the provisions of Subsection 400-1.4.
19. Removal and Disposal of Materials (General)
a. No burning will be permitted.
20. Hauling of Materials
a. In order to protect the City streets from deterioration due to hauling of
materials, the Contractor shall submit (prior to pre -job meeting) for
approval, a proposed route for the hauling of materials for disposal. Upon
approval, the Contractor shall strictly adhere to that route only, unless
written permission is obtained to change the route.
b. Trees, shrubs, and other vegetation, organic materials, and non organic
materials shall be disposed of offsite, and the Contractor shall pay all
charges for loading, hauling, permits, and/or dumping fees. If disposal is
to occur on other than public properties, the Contractor -shall obtain written
permission from the property owner.
21. Guarantee
a. All work performed in accordance with these plans, standard
specifications and special provisions, including, but not limited to,
workmanship, installation, fabrications, material and structural,
mechanical, or electrical facilities shall be guaranteed for a period of six
months, commending with the filing of the notice of completion and
28
acceptance of the contract by the City, unless specific areas are to be
guaranteed long as provided in Special Provisions.
22. Payment - General
a. Payment for the furnishing of all labor, materials, and equipment
necessary to perform all work described or referred to herein at the
locations indicated on the plans shall be made at the contract unit prices
bid for the items listed on the Proposal, and no additional compensation
.will be allowed. Compensation for items of work described but not listed
on the Proposal, will be considered to be included in the prices for the
listed item.
29
PART 4
CONSTRUCTION METHODS AND DETAILS
FOR ONE AND ONE HAVE INCH OVERLAY
A. GENERAL DESCRIPTION OF WORK
The work to be done, in general, consists of cold planing adjacent to gutters and
intersections, placement of pavement fabric, placement of bituminous pavement and
raising of water valves of approximately three (3) local streets in the City of
Huntington Beach; and furnishing of all labor, materials, tools, equipment and
incidentals necessary to perform and complete the work to the satisfaction of the
Engineer.
B. ADDITIONS TO THE STANDARD SPECIFICATIONS
The contractor shall perform the following in addition to or in accordance with the
Green Book Standard Specifications.
C. INSPECTION
All materials and work to be inspected by the Engineer.
D. POSTING APPLICATIONS
1. Application for temporary parking restrictions (posting).
a. This application must be filled out by Contractor and consist of four copies.
b. Take the completed forms to the Public Works counter (1st Floor Civic
Center), and ask for Jim Otterson, Traffic Engineer.
c. Take the canary copy to Parking Control (1st Floor Police Building), and give
it to Karen Peterson, Parking Control.
d. The goldenrod copy is kept by contractor until completion of contract
E. PREDETERMINED SCHEDULES
1. Work shall be performed during week days only.
2. No work shall be commenced prior to 8:00 A.M., and must be completed by 3:30
P.M. of each day.
30
•
3. Streets must be posted at least (24) hours prior to start of work.
4. Door hangers explaining work and work schedules must be placed on each
residential door twenty-four (24) hours prior to commencement of work.
5. Work shall not be scheduled on the same day as trash pick-up.
6. All work to be completed within thirty (30) days of start of contract.
F. DESCRIPTION OF WORK
302-5.2 Cold Milling Asphalt Concrete Pavement
302.5.2.1 General. The Contractor shall cold mill existing asphalt concrete
pavement, as dimensioned and as otherwise designated on the Plans. Cold
milling shall remove variable depths of asphalt concrete to provide an overlay key
at joins and over the width of the cold milled area. Additional widths of cold
milling may be required at various locations as determined by the Engineer. The
surface of pavement after milling shall be uniformly rough grooved or ridged as
directed by the Engineer. The grade shall not deviate from a suitable straight
edge by more than 3/8 inch at any point.
The contractor shall remove. existing asphalt concrete overly from gutters
adjacent to any area specified to be cold milled, as directed by the Engineer.
The Contractor's attention is directed to 7-8.2.
302.5.22 Equipment. The machine used for milling shall meet the following
requirements:
The milling machine shall be specially designed and built for milling of bituminous
pavements without the addition of heat, with the ability to plane portland cement
concrete patches in the bituminous pavement. The cutting drum shall be a
minimum of 60 inches wide and shall be equipped with carbide -tipped cutting
teeth placed in a variable lacing pattern to produce the desired finish.
The machine shall be capable of being operated at speeds from 0 to 40 feet per
minute. It shall be self-propelled and have the capability of spraying water at the
cutting drum to minimize dust. The machine shall be capable of removing the
material next to the gutter of the pavement being reconditioned and be designed
so that the operator can at all times observe the milling operation without leaving
the controls. The machine shall be adjustable for slope and depth and shall deep
cut in one pass a maximum of 3 inches without producing fumes or smoke.
31
The Contractor shall provide a smaller machine if required to trim areas
inaccessible to the larger machine at manholes, gate valve covers, curb returns,
and intersections. The small machine shall be equipped with a 12-inch-minimum-
width cutting drum mounted on a chassis allowing it to be positioned without
interrupting traffic or pedestrian flow.
302-5.2.3 Removal and Disposal of Material. During the milling operation, the
Contractor shall sweep the street with mechanical equipment and remove all
loosened material from the Project site until completion of the removal work. The
removal crew shall follow within 50 feet of the milling machine unless otherwise
directed by the Engineer. The Contractor shall take all necessary measures to
avoid dispersion of dust. All material removed shall be considered property of
the Contractor and shall be disposed of by the Contractor at its expense.
302-5.2.4 Traffic Signal Loop Detectors. Before cold milling pavement within
300 feet of a traffic signal, the Contractor shall notify the Agency at least 3
working days prior to commencing work within said area. Upon notification, the
Agency will mark the location of all existing loop detectors. The Contractor shall
not cold mill within 12 inches of these loop detector conductors.
302-5.2.5 Pavement Transitions. Areas where cold milling is done and which
will not be paved within 1 week, shall be overlaid with a 2-foot-minimum width of
asphalt concrete pavement transition adjacent to gutters, cross gutters, and
structures and at existing transverse join lines. Where the offset is less than 3/8
inch, the overlay may be omitted.
302-5.2.6 Measurement and Payment. Cold milling will be measured by the
lineal foot along the edge of the transverse joint lines, adjacent curb, gutter, or
cross gutter, or by the square foot as shown in the Bid.
213-1 Pavement Fabric
213-1.1 General. Pavement fabric shall be treated by heat or other processes
approved by the Engineer causing the fibers on one side only to become bonded
together, forming a glazed, delamination-free surface. The treated side of each
roll shall be marked for easy identification. The pavement fabric shall be
nonwoven, needle -punched polyester or polypropylene materials conforming to
Table 213-1.1. (A).
Pavement fabric shall be accompanied with a test certificate from an approved
testing laboratory with actual identification test results. The number and
frequency of testing shall conform to 213-1.3. Additional testing may be required
by the Engineer.
32
The fabric shall be protected from exposure to ultraviolet rays and stored in
accordance with 213-1.4.
TABLE 213-1.1 (A)
PROPERTY
ASTM TEST NO.
REQUIREMENTS
Weight, oz../sq. yd.
D 1776
3.5 to 5.0
Grab Tensile Strength (1-inch grip), lbs.
D 4632
90 min.
Elongation at Break, %
D 4632
40 min., 100 max.
Fabric Thickness, Mils
D 1777
30 to 50
Asphalt Retention, oz/sq. ft.
See Note 1
3.50 min.
Grab Tensile Strength (1-inch grip), lbs.
After Asphalt Saturation
D 4632
200 min.
Elongation at Break, %
After Asphalt Saturation
D4632
40 min., 70 max.
1. Test per 213-1.5.
213-1.2 Identification. Fabric shall be furnished in rolls wrapped with protective
covering to protect them against ultraviolet radiation, abrasion, dust, dirt, mud,
debris, and other deleterious forces and substances. The fabric shall be free
from defects or flaws. Each roll of fabric in the shipment shall be marked or
tagged to identify the manufacturer, type, length, width, date and place of
manufacture, and production identification number.
213-1.3 Sampling and Test Compliance. A laboratory. shall be maintained at
or near the point of manufacture to ensure quality control in accordance with
ASTM and other applicable testing procedures. The laboratory shall be approved
by the Engineer, and shall maintain records of its quality control results.
A manufacturer's certificate shall accompany the shipment and be delivered to
the Engineer prior to installation. The certificate shall include name or
manufacturer, chemical composition, product description, lot number, and test
results, and signature of an authorized official. A unit is 600 square yards or one
roll, whichever is less. A lot is the units produced by a single machine on a
single shift without interruption but not to exceed 1,000 units. The number of
units tested within a lot shall be equal to, but not less than, the cube root of the
units in that lot (fractions of a number to be rounded off to the next higher whole
number). Unless a greater number of tests are required by these or other
applicable specifications, a minimum of eight tests shall be performed in each of
the principal. directions for each unit tested. The average of test values may be
less than specified. In the event of any failure, the entire lot will be rejected.
33
213-1.4 Storage and Handling. Fabric shall be stored on clean, dry surfaces,
free of foreign substances such as grease, oil, paint, epoxy, cement, or any other
substances which would have a deleterious effect on the fabric. When stored in
outside areas, fabric shall be kept 1 foot minimum above ground level. The
Contractor shall keep the fabric in its protective covering until it is ready for
installation. Opened rolls shall be covered by a waterproof cover. No hooks,
tongs or other sharp tools or instruments shall be used when handling any fabric.
Fabric may be unloaded or handled in one of the following ways:
1) By placing slings under the rolls; or
2) By using a pole inserted through a hollow core, provided the pole
extends 1 foot minimum beyond each end of the core, and lifting and
handling devices are attached to only that portion of the pole located
outside the ends of the core; or
3) By hand.
213-2 Geotextiles
213-2.1 General. This section applies to nonwoven and woven geotextiles.
Nonwoven geotextiles shall be needle punched or needle entangled and shall
consist of long chain polymeric filaments of polypropylene, polyester, or nylon.
The fabric shall be a stable network of fibers which retain their positions relative
to each other. Heat bonding on one side is acceptable.
213-2.2 Physical Properties. Nonwoven and woven geotextiles shall meet the
requirements for the type indicated in the appropriate table.
34
•
TABLE 213-2.2 (A)
NONWOVEN
Type'
PROPERTY
TEST REFERENCE
90N
18ON
25ON
Grab Strength
ASTM D 4632
90
180
250
lbs., Min.
Elongation,
ASTM D 4632
50
50
50
Minimum
(at peak load)
%, Min.
Puncture Strength,
ASTM D 3787
45
80
115
lbs., Min.
Permitivity,
ASTM D 4491
0.7
0.7
0.7
Sec', Min.
Burst Strength,
ASTM D 3786
180
320
360
Psi, Min.
Toughness,
% Elongation x
5,500
10,000
14,000
lbs., Min.
Grab Strength
Ultraviolet Resist.
ASTM D 4355
70
70
% Strength
70
Retained
@ 500
Weatherometer
Hours
1. N=Nonwoven
2. Minimum roll average in the weakest principal direction.
213-2.3 Identification. Geotextiles shall be furnished in rolls wrapped with
protective covering to protect them against ultraviolet radiation and abrasion.
Torn wrappers shall be repaired within 48 hours, using an approved protective
covering. Each roll of fabric shall be marked or tagged to identify the
manufacturer, type length, width, and production identification number.
213-2.4 Sampling and Test Compliance. Sampling and testing shall conform
to the requirements of 213-1.3.
213-2.5 Storage and Handling. Storage and handling shall conform to the
requirements of 213-1.4.
302-7 Pavement Fabric
302-7.2.1 Pavement Preparation. The surface of the distressed pavement shall
be prepared as required by the Plans or Specifications prior to placement of the
tack coat and pavement fabric. The fabric shall then be covered with an overlay
of asphalt concrete.
35
302-7.2.2 Tack Coat. The tack coat shall be AR 4000 paving asphalt.
Tack coat shall be applied uniformly prior to placing fabric. The entire surface
to be covered shall be free of water, foreign matter, vegetation, or dust before
application of the tack coast.
The tack coat shall be sprayed with an asphalt distributor at the rate of 0.25 t
0.02 gallon per square yard or as directed by the Engineer. On a new asphalt
concrete leveling course, the rate shall be 0.20 t 0.02 gallon per square yard.
Hand spraying shall be kept to a minimum.
The width of the sprayer application shall be no more than 6 inches and no less
than 2 inches wider than the fabric width.
The temperature of the tack coat shall not exceed 3250F when the fabric is
placed.
302-7.2.3 Fabric Placement. Pavement fabric shall not be placed in areas
where the asphalt concrete overlay is less than 1-1/2 inches thick.
If manual laydown methods are used, the baric shall be unrolled, stretched,
aligned, and placed in increments of approximately 30 feet.
Adjacent borders of the baric shall be lapped 2 to 4 inches after placement. The
preceding roll shall lap 2 to 4 inches over the following roll in the direction of
paving at ends of rolls or at any break. If the lap exceeds 4 inches, a tack coat
shall be placed to bond the two layers of fabric together and both tack coast and
fabric shall lap by the same amount.
The fabric shall be placed with the treated side up and shall be seated with
brooms or pneumatic rolling equipment after placing. Turning of the pavement
machine and other vehicles shall be gradual and kept to a minimum to avoid
damage.
Pavement fabric shall not be placed more than 600 feet in advance of paving
operations unless allowed by the Engineer. No more fabric shall be placed than
can be covered that day.
If the fabric is placed within 50 feet of the tack coat spray bar, the first 30 feet of
each roll shall be placed by hand, if directed by the Engineer, to allow inspection
of the tack coat application.
Fabric shall be placed with no wrinkles that lap. The test for lapping shall be
made by gathering together the fabric in a wrinkle. The two sides of the wrinkle
36
shall be pressed together from pavement surface to a fold point with equal
amounts of fabric on both sides of the fold point down to the pavement surface.
If the height of the doubled portion of extra fabric exceeds 1/2 inch, the fabric
shall be cleanly cut to remove the wrinkle. The cut shall be made on the side of
the wrinkle away from the paving operation. The opposite or longer side shall be
lapped over the shorter and the re-laid wrinkle area shall be pressed and
smoothed into place against the pavement surface. Any lap in excess of 2
inches shall be cleanly cut away, and then overlapped in the same manner as for
smaller laps. A minimum 112 inch overlap shall be provided in all cases when a
wrinkle area is re-laid.
Pavement fabric shall not be reduced more than 2 inches on each side after
being placed on the tack coat. If the overall width is reduced more than 4 inches,
then the operation shall be stopped and the temperature of the tack coat
immediately prior to placement of the fabric or the type of fabric shall be
changed.
Care shall be taken to avoid tracking tack coast onto the pavement fabric or
distorting the fabric during seating of the fabric with rolling equipment. If
necessary, exposed tack coat shall be covered a lightly with sand.
A small quantity of asphalt concrete, to be determined by the Engineer, may be
spread over the fabric immediately in advance of placing asphalt concrete
surfacing in order to prevent fabric from being picked up by construction
equipment.
Public traffic will not be allowed on the bare fabric. However, traffic may be
allowed to cross the fabric under traffic control. The Contractor may be required
to place a small quantity of asphalt concrete over the fabric to protect it from
damage.
Full compensation for advance spreading of asphalt concrete over the fabric shall
be considered as included in the Contract Unit Price paid for asphalt concrete
and no additional compensation will be allowed therefor.
302-7.3 Measurement and Payment. Pavement fabric will be measured and
paid for by the square yard for the actual pavement area covered.
The Contract Unit Price paid per square yard for pavement fabric shall include
full compensation for furnish and -placing pavement fabric, including the tack coat.
203-6 Asphalt Concrete
20376.1 General. Asphalt concrete shall be the product of mixing mineral
37
aggregate, crushed slag aggregate, or a combination of these aggregates with .
asphalt binder at a central mixing plant.
Asphalt concrete will be designated by class and grade, i.e., "C2-AR-4000" and
shall conform to the requirements in this section.
203-6.2 Materials
203-6.2.1 Asphalt. The asphalt binder to be mixed with the aggregate shall be
paving asphalt or liquid asphalt conforming to 203-1 or 203-2 and the grade shall
be specified by the Agency or its representative.
203-6.2.2 Aggregate. Coarse aggregate shall be crushed .rock or slag
conforming to 200-1.2.
If steel slag aggregates are used to make asphalt concrete, no other aggregates
shall be used in the mixture except that up to 50 percent of the material passing
the No. 4 sieve may consist of iron blast furnace slag aggregates or natural
aggregates or a combination thereof. The rate of feed of each type of aggregate
shall be maintained within 10 percent of the amount set. Adequate means shall
be provided for controlling and checking the accuracy of the feeder.
Fine aggregate for asphalt concrete shall be sand, rock dust, slag, mineral filler,
or a blend of these materials. Sand shall conform to the requirements of 200-
1.5.2 Rock dust and slag shall conform to the requirements of 200-1.2.
If fine aggregate for asphalt concrete is deficient in material passing the No. 200
sieve, mineral filler conforming to requirements of 203-6.3.1, the individual
grading required by 200-1.2 may be waived. Percentages for the combined
gradings, within the specified limits, shall be of such uniformity that the material
passing the indicated sieves during any day's run will not exceed the maximum
variation as specified in 203-6.3.2.
203-6.2.3 Mineral Filler. Mineral filler shall consist of portland cement or
mechanically reduced rock. Mechanically reduced rock shall conform to the
grading in Table 203-6.2.3(A) when tested in accordance with ASTM D 422.
203-6.3 Asphalt Concrete Mixtures.
203-6.3.1 Combined Aggregates. Combined aggregates, after all processing
except the adding of asphalt and mineral filler, shall have a 50 minimum sand
equivalent when tested by Calif. Test 217.
38
TABLE 203-6.2.3 (A)
PARTICLE SIZE
PERCENTAGE
Passing No. 200 Sieve
75-100
Finer than 0.05mm
65-100
Finer than 0.02mm
35-65
Finer than 0.01 mm
26-35
Finer than 0.005mm
10-22
When there is
ASTMC C 127
portion passing
Test 105.
a difference in specific gravity (bulk saturated surface dry per
and 128) of 0.2 or more between that portion retained and that
a No. 4 sieve, the grading will be modified as provided by Calif.
203-6.3.2 Composition and Grading. The grading of the combined aggregates
and the percentage of asphalt binder shall conform to the requirements indicated
in the following tabulations in which the percentages shown are based on the
weight of dry aggregate only:
TABLE 203-6.3.2 (A)
Percentage Passing Sieves
CLASS
B
C1
C2
D1
D2
E
F
Sieve
Dense
Open
Dense
Open
Dense
Extra
Channel
Size
Medium
Medium
Medium
Fine
Fine
Fine
Liner
Coarse
1"
100
3/4"
87-100
100
100
1/2"
70-87
90-100
95-100
100
100
3/8"
55-76
72-88
72-88
90-100
95-100
100
100
No. 4
35-52
40-54
46-60-
40-54
58-72
65-85
95-100
No. 8
22-40
18-34
28-42
20-32
34-48
45-65
70-84
No. 30
8-24
8-20
15-27
6-18
18-32
22-38
36-50
No. 50
5-18
4-14
10-20
2-12
13-23
16-28
23-35
No.200
0-7
1-6
2-7
0-5
2-9
6-12
6-12
Asphalt
Binder %
4.5-5.8
4.6-6.0
4.6-6.0
4.8-6.5
4.8-6.5
5.8-7.8
8.0-10.0
Stabilometer
Value "S"
(min)
1 35
1 33
1 33
1 30
1 30
R&•i
The minimum stability ("S") value shall be per Calif. Tests 304 and 366.
The exact proportions of aggregate and the amount of asphalt binder for each
type of mixture shall be regulated as directed by the Engineer. When slag
aggregate or highly absorptive aggregate with a K factor greater than 1.7 per
Calif. Text 303 is used, the maximum percentage for asphalt binder may be
increased up to 2.0 percentage points over the values shown in the table.
Percentages for the combined gradings, within the specified limits shall be of
such uniformity that material passing the indicated sieves during any day's run
will not exceed the following maximum variations:
No. 4 Sieve - 6 percentage points.
No. 30 Sieve - 5 percentage points
No 200 Sieve - 3 percentage points.
The gradations in the above tabulations represent the limits which shall determine
the suitability of aggregate for use from the sources of supply. The aggregate
as finally selected shall have a gradation within the limits designated in the
tabulations and shall not vary from the low limit on one sieve'to the high limit on
the adjacent sieve or vice versa, but shall be uniformly graded from coarse to fine
and shall conform to ASTM C 136 and C 117 or Calif. Test 202.
302-5.5 Distribution and Spreading. The Contractor shall provide and install
a header upon the line of termination of asphalt pavement where shown on the
Plans or required by the Specifications. Such headers shall remain in place upon
completion of the improvements.
Headers shall be 2-inch (nominal size) lumber, the vertical dimension of which
shall be within 1/2 inch of the thickness of the pavement at the headerline. The
headers shall have a firm bearing on the header subgrade and the top edges
shall be set to conform to the grade of the proposed street surface. Side stakes
2 inches by 3 inches (nominal size), 18 inches long, or longer, and spaced not
over 4 feet apart, shall be driven on the outside of the headers to a depth of 1
inch below the top edge and then nailed to the header. The joints between the
individual boards being used as headers shall be spliced with a 1-inch thick
(nominal size) board of the same height as the header and not less than 24
inches long.
At the time of delivery to the Work site, the temperature of mixture shall not be
lower than aft or higher than 320°F, the lower limit to be approached in warm
weather and the higher in cold weather.
40
Asphalt concrete shall not be placed when the atmospheric temperature is below
40OF or during unsuitable weather.
The asphalt concrete shall be evenly spread upon the subgrade or base to such
a depth that, after rolling, it will be of the specified cross section and grade of the
course being constructed.
The depositing, distributing, and spreading of the asphalt concrete shall be
accomplished in a single, continuous operation by means of a self-propelled
mechanical spreading and finishing machine designed specially for that purpose.
The machine shall be equipped with a screed or strike -off assembly capable of
being accurately regulated and adjusted to distribute a layer of the material to a
definite predetermined thickness. When paving is of a size or in a location that
use of a self-propelled machine is impractical the Engineer my waive the self-
propelled requirements.
Asphalt concrete of the Class indicated in the following table shall be laid in
courses not exceeding 6 inches in thickness.
TABLE 302-5.5 (A)
Specified Total
Minimum
Thickness of Pavement
Number
Class
of
of
Greater
But Not
Courses
Mixture
Than
More Than
(Inches)
(Inches)
0
1
1
D1 or D2
1
1 1/2
1
C1 or C2
1 1/2
4
1
C1, C2 or B
as directed.
4
--
2
C1, C2 or B
as directed.
Spreading, once commenced, must be continued without interruption. No greater
amount of the mixture shall be delivered in any one day than can be properly
distributed and rolled during that day.
41
Successive courses may be laid upon previously laid courses as soon as the
previous course has cooled sufficiently to show no appreciable displacement
under equipment load.
The asphalt concrete surface of an alley shall be warped up to meet paved
driveways which are 6 inches or less above grade. Such warping shall not
extend more than 18 inches into the alley and shall be accomplished by
thickening the pavement.
302-5.6 Rolling
302-5.61 General. Asphalt concrete shall be thoroughly compacted by rolling.
The number of rollers used with each paving operation shall not be less than
specified below:
TABLE 302-5.6.1 (A)
Rollers Required
Compacted Thickness
Tons Placed per Hour
1 1/2"
More than
or less
1 1/2"
Less than 100
1
1
100 to 200
2
2
201 to 300
3
2
More than 300
4
3
Self-propelled compacting rollers shall meet the following criteria:
1) Three -axle tandems, two -axle tandems, and three -wheeled rollers used
for breakdown rolling shall be of such weight that the compression load
on the drive wheels is at least 325 pounds per inch of tire width.
2) Vibratory rollers used for breakdown or intermediate rolling have a
compactive effort of no: less than a dynamic force of 21,000 pounds.
3) Two -axle tandem rollers used for intermediate and finish rolling shall
weigh not less than 8 tons.
4) Pneumatic -tired rollers used for intermediate rolling shall be the
oscillating type having a width of not less than 4 feet and equipped with
42
pneumatic -tires of equal size and diameter, having treads satisfactory to
the Engineer. Wobble -wheel rollers will not be permitted. The tires shall
be so spaced that the gap between adjacent tires will be covered by the
tread of the following tire. The tires shall be inflated to 90 psi or such
lower pressure as designated by the Engineer, and maintained so that
the air pressure will not vary more than 5 psi from the designated
pressure. Pneumatic -tired rollers shall be so constructed that the total
weight of the roller can be varied to produce an operating weight per tire
of not less than 2,000 pounds. The total operating weight of the roller
shall be varied as directed by the Engineer.
A two -axle tandem roller, weighing at least 5 tons may be used when the
areas to be paved are not to be subjected to vehicular traffic and when
the asphalt is placed in these areas at a rate less than 100 tons per
hour.
Other rollers may be used subject to prior approval by the Engineer.
As soon as the layer of asphalt concrete has been placed, it shall be
thoroughly compacted by rolling. Except when compacting lifts greater
than 4 inches in compacted thickness, rolling shall be commenced along
the lower edge of the area to be rolled and continued until the edge is
thoroughly compacted, after which the roller shall be gradually advanced
to the crown point, both sides being rolled in like manner. Rolling shall
be continued until the pavement layer has become thoroughly
compacted throughout and is true to grade and cross section.
For lifts greater than 4 inches in compacted thickness, rolling shall be
commenced in the middle of the mat, after which the roller shall be
gradually advanced to both edges. The roller should be advanced to a
supported edge first, if applicable. Rolling of an unsupported edge
should be delayed as long as possible, provided the required densities
are obtained after the completion of the finishing rolling.
All rollers must be maintained in good mechanical condition, and those
that cannot be driven along a straight path or operated without jerking,
shall not be used. No leakage of petroleum products from any roller
shall be allowed to come in contact with pavement being constructed,
nor shall any roller be permitted to stand motionless on any portion of
the work. The surfaces of all roller wheels shall be treated with
sufficient water to prevent the pickup of bituminous materials, but under
no circumstances shall the quantity of water used be detrimental to the
surface of the pavement being rolled.
43
302-5.6.2 Density and Smoothness. Upon completion, the pavement shall be
true to grade and cross section. When a 10-foot straightedge is paid on the
finished surface parallel to the centerline of the roadway, the surface shall not
vary from the edge of the straightedge more than 1/8 inch, except at intersections
or at changes of grade. Any areas that are not within this tolerance shall be
brought to grade immediately following the initial rolling.
However, if the paving material has been cooled below the lower limits of the
spreading temperatures prescribed in 302-5.5, the surface of the pavement shall
be brought to a true grade cross section by removing the paving material in the
area to be repaired, by an approved method, to provide a minimum laying depth
of 1 inch of the new pavement material at the join line. Repairs shall not be
made to pavement surfaces by feather -edging at joins.
The compaction after rolling shall be 95 percent of the density obtained with the
California Kneading Compactor per Calif. Test 304.
The field density of compacted asphalt concrete shall be determined by:
1) A properly calibrated nuclear asphalt testing device in the field, or
2) ASTMD 1188 when slabs or cores are taken for laboratory testing. Zinc
stearate may be substituted for paraffin.
In case of dispute, method 2) above shall be used.
302-5.7 Joints. Joints between successive runs shall be vertical and at right
angles to the line of the improvement. Care shall be exercised in connection with
the construction of all joints to ensure that the surface of the pavement is true to
grade and cross section. Lapped Joints will not be permitted.
302-5.8 Manholes. City Sewer crews to provide and place riser rings on day of
paving.
302-5.9 Measurement and Payment. Asphalt concrete pavement will be paid
for at the Contract Unit Price per square foot, or at the Contract Unit Price per ton
as shown in the Bid. Such price shall constitute full compensation for the
preparation of subgrade and applying tack coat if required. Resetting,
reconstructing, or adjusting manhole or vault frames and covers to grade will be
paid for as provided in 301-1.7.
When payment is to be made on a tonnage basis, the Contractor shall furnish to
the Engineer at the time of delivery of the material to the job site a legible copy
of a licensed weighmaster's certificate showing gross, tare, and net weights of
44
each truckload of asphalt concrete mixture. Failure of the Contractor to provide
a certificate , to the Engineer by the end of the day on which the material
represented by such certificate is delivered to the job site may, at the discretion
of the Engineer, result in the forfeiture of all payment for such material, including
any labor and equipment costs included in the price for furnishing and placing the
asphalt concrete.
When an automatic batching system is used, the licensed weighmaster's
certificate may show only the net weight of material in the truck load. These
certificates may be signed by a representative of the Engineer at the plant as well
as the project site. These certificates iwll be used as the basis of payment.
If steel slag aggregates are used to make asphalt concrete, and if the specific
gravity of a compacted stabilometer specimen is in excess of 2.40, the actual
weight of the asphalt concrete shall be adjusted for payment purposes. The
stabilometer specimen will be fabricated in accordance with the procedures in
Calif. Test 304 and the specific gravity of the specimen will be determined in
accordance with Calif. Test 308, Method C. The adjusted pay quantity will be
determined by multiplying the actual weight of each by 2.40 and dividing the
result by the specific gravity of the compacted stabilometer test specimen. Such
adjustment will be applied by the Engineer as often as is necessary to ensure
accurate results.
Payment for installing headers, where required, will be made at the Contract Unit
Price per linear foot for headers.
45
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