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CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Elecnor Belco Electric, Inc.
FOR
Downtown Fiber Optic Communications - CC1621
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinatter referred to as "CITY." and Elecnor Belco Electric, 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 Downtown Fiber Optic Communications from City Hall to Pier Plaza, CC-1621 _ in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows:
STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, cquipment, 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 16-5195/City Funded Construction Contract.docx - revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressiy stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal.
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 defined below in this Section). has inspected 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 thorough 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 the 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 Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx - revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern Califomia District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the bid or proposal which is in conflict herewith. 16-5195/City Funded Construction Contract.docx - revised 04/2016
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, sum not to exceed six hundred twenty six thousand four hundred fifty-one Dollars 626,451.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement.
COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within seventy five ( 75) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.
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, 4 16-5195/City Funded Construction Contract.docx - revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW. and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR: thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly.
NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY.
CITY does not warrant that the work will be available on the date the Notice to Proceed is issued.
In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability:
16-5195/City Funded Construction Contract.docx - revised 04/2016 BONDS
Only bonds issued by Califomia admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders. to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion.
WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited io, 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 own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hercunder as an independent contractor and not an employee of CITY. CONTRACTOR shali secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payrol! 6 16-5195/City Funded Construction Contract.docx - revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses. if any, in connection with the PROJECT and/or the services performed hereunder.
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 in CITY. liquidated damages and as a penalty. the sum of
eight hundred thirty dollars ($ 830.00) per cach
calendar 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx - revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR.
12. DEMANDS FOR ADDITIONAL TIME OR MONEY.
A. Definitions.
(1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following:
(a) A time extension:
16-5195/City Funded Construction Contract.docx - revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement;
(c) Payment of an amount the CITY disputes;
(d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents:
(e) A request for a time extension or additional payment based upon differing site conditions. such as subsurface or latent physical conditions at the job site differing materially from those indicaied in this Agreement or the Contract Documents, or 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 PROJECT; or (1) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods. labor disputes, cpidemics, abnormal weather conditions or acts of God.
B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order.
C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand secks. The DPW shall act on the Demand within fifteen (15) days 16-5195/City Funded Construction Contract.docx - revised 04/2016 •
after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater.
D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C. in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions.
E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, cither within fifteen (15) days of reccipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand.
Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve.
F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agrement. If the CITY and CONTRACTOR arc unable to reach a mutual agrement, then the City Engineer shall issue a written decision on the claim within a reasonable time.
G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx - revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process. including any period of time utilized by the meet and confer process.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the hid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment. upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx - revised 04/2016 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 in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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.
Provided, however, that in the event of'a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, cach payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 16-5195/City Funded Construction Contract.docx - revised 04/2016 or items in connection with Notices 1o 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.
A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774.
In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee.
B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY. forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work.
18. CALIFORNIA PREVAILING WAGE LAW
A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx - revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee.
B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for cach worker paid (cither by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work
19. CALIFORNIA EIGHT-HOUR LAW
A. California Labor Code, Sections 1810 et seg, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and cach subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar weck by each worker employed in connection with the PROJECT.
B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit (wenty-five dollars ($25) for each worker employed hercunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 16-5195/City Funded Construction Contract.dock - revised 04/2016 (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815.
20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT.
21. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT.
22. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked cach day and weck, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require cach of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of' its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employce or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general.
23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY. its officers, clected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property; 16-5195/City Funded Construction Contract.docx - revised 04/2016 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, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 er seq. of this Code, which requires every employer 1o be insured against liability for workers' compensation: CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hercunder.
CONTRACTOR shall obtain and furish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
16 16-5195/City Funded Construction Contract.docx - revised 04/2016 •
25. INSURANCE
In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, clected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Partics.
Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted.
CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.doc.t - revised 04/2016
26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hercunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall:
Provide the name and policy number of each carrier and policy; State that the policy is currently in force: and
3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay. in a prompt and timely manner, the premiums on all insurance hercinabove required.
CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Altorney for approval prior to any payment hereunder.
27. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice 10 CONTRACTOR of reccipt of any claim filed with CITY or a court of competent jurisdiction which arises out of pertormance of this agreement within ten (10) days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx - revised 04/2016
28. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence. or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the bencfit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR 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.
If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29.
29. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice 1o CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such tennination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR'S 19 16-5195/City Funded Construction Contract.docx - revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR.
DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work 1o be performed hereunder, or upon expiration or 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.
31. NONASSIGNABILITY
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.
32. 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 the California Government Code.
33. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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 10 CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx - revised 04/2016
34. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hercinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONTRACTOR:
City of Huntington Beach
Elecnor Belco Electric, Inc.
ATTN: Jim Escutia , Public Works
ATTN: John Wong.
2000 Main Street
14320 Albers Way
Huntington Beach, CA 92648
Chino, CA 91710
35. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx - revised 04/2016
36. 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 United States Code Section 1324a regarding employment verification.
37. 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 hercunder. 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.
38. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party.
39. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 16-5195/City Funded Construction Contract.docx - revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is herby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
40. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
41. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
42. CONSENT
Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event.
43. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive.
44. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
23 16-5195/City Funded Construction Contract.ducx - revised 04/2016 •
45. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right 1o bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
46. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise. have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.
24 16-5195/City Funded Construction Contract.doex - revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on_ MAY /Z.202/.
CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal
corporation r the State s
By:
Leonardo Sanch
Quin Marstanuslaw
(print name)
ITS: Chairman / President (Vice-President City Clerk
(circle one)
INITIATED AND APPROVE
AND
By: rector of Public Works
Jeroni Gervilla
(print name)
ITS: Secretary Chief Financial OfficeD / Asst.
Secretary / Treasurer
(circle one) City Manager
APPROVED AS TO FORM:
& City Attorney
25 16-5195/City Funded Construction Contract.docx - revised 04/2016
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino }
On 6/2/21 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Jeroni Gervilla and Leonardo Frances who proved to me on the basis of satisfactory evidence to be the personS whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hertheir authorized capacityles), and that by his/her/theiD signatureS) on the instrument the personS), or the entity upon behalf of which the personS acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. REBECCA WILKS
Notary Public • California
San Bernardino County
rebeen Weebs Commission = 2300424
My Comm. Expires Aug 5. 2023
Notary Public Signature (Notary Public Seal
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION
This form comples with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary Huntington Beach Contract law:
(Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued)
must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/they, is /nre ) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may Icad to rejection of document recording • Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form Partner(s) • Signature of the notary public must match the signature on file with the office of Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document Other Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
EXHIBIT A
SECTION C
PROPOSAL
for the construction of
Fiber Optic Communications
for
Downtown Fiber Optic Communications - C.C. No. 1621
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrecs to perform the work therein to the satisfaction of and under the supervision of the City Engineer of ihe City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed.
The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, laxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall gover over figures.
C-1
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find Bidder's Bond in the amount of Ten Percent of Bid Amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check" ", or "Bidder's Bond for 10%", as the case may be) Any standard Surety Bid Bond form is acceptable.
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. Date Received
4|14 2021 Ann wang
4/14 2021
414/2021
C-2
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER THREE
For the Construction of
Downtown Fiber Optic Communications - C.C. No. 1621
in the
CITY OF HUNTINGTON BEACH
April 13, 2021
Notice To All Bidders:
Please note the following clarification to the Project Plans, Specifications, and Special Provisions:
1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph:
In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays.
This is to acknowledge receipt and review of Addendum Number dated above.
Elecnor Belco Electric, Inc. , John Wong
Company Name
April 14, 2021
Date
All bidders must acknowledge and include the receipt of this Addendum with Your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting.
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER TWO
For the Construction of
Downtown Fiber Optic Communications - C.C. No. 1621
in the
CITY OF HUNTINGTON BEACH
April 13, 2021
Notice To All Bidders:
Please note the following clarification to the Project Plans, Specifications, and Special Provisions:
1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 - LABOR
The following section and paragraph is added:
Section 5-3.1 - General:
[Add the following:]
All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility.
This is to acknowledge receipt and review of Addendum Number T dated above.
Elecnor Belco Electric, Inc. , John Wong
Company Name
April 14, 2021
Date
All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. •
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For the Construction of
Downtown Fiber Optic Communications - C.C. No. 1621
in the
CITY OF HUNTINGTON BEACH
April 8, 2021
Notice To All Bidders:
Please note the following clarification to the Project Plans, Specifications, and Special Provisions:
1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1:
Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public.
The following shall be inserted in place of the deleted paragraph:
Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1- Mobilization.
2) PART 1 -GENERAL PROVISIONS, SECTION 7 - MEASURE AND PAYMENT, 7-3.3 - Payment Bid Items, Bid Item No. 18 - Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire
The second sentence of the third paragraph shall be deleted:
Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems.
The following shall be inserted in place of the deleted sentence:
Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems.
This is to acknowledge receipt and review of Addendum Number One above Elecnor Belco Electric. Inc. , John Wong
Company Name
April 14, 2021
Date
All bidders must acknowledge and include the receipt of this Addendum with your bid proposal.
For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting.
SECTION C
PROJECT BID SCHEDULE A
Downtown Fiber Optic Communications - C.C. No. 1621
BID ITEMS
Total Cost
Item Quantity Unit Unit Cost
Description (Extension)
No.
Mobilization (including Caltrans 1 LS $15,000.00 $15,000.00 1 Encroachment Permit Coordination)
2 Traffic Control 1 LS $17,000.00 $17,000.00
Preparation of Project Specific Storm
Water Pollution Prevention Plan (SWPPP) LS $5,000.00 $5,000.00 3 1
and Water Pollution Control Program
(WPCP) (per Caltrans Involvement)
Installation and Maintenance of BMP's per LS $2500.00 $ 2,500.00 4 1
the approved SWPPP and WPCP
Furnish and install 2" Sch. 80 PVC LF $ 30.00 $ 337,960.00 5 11,266
conduit, pull tape + tracer wire
Furnish and install 1.5" HDPE Innerduct $ 40.00 $ 6,000.00 6 150 LF
and pull tape
Furnish and install 3" rigid steel conduit, 35 LF $95.00 $3,325.00 7 pull tape + tracer wire
8 Furnish and install 45 Degree 3" L.B. EA $200.00 $1,000.00 #39,600.00
Furnish and install No. N40 Pull Box/ 12 EA $3,300.00 $39,452.00 5W 9 Splice Vault
10 Furnish and install No. 6E Pull Box 1 EA $1112.00 $|112.00 11 Furnish and install No. 6 Pull Box 44 EA $108.00 $39,952.00 12 Furnish and install No. 6T Pull Box EA s1,943.00 $1,943.00 13 Remove and salvage existing pull box 2 EA $200.00 $400.00 C-2.1
Total Cost
Item Quantity Unit Unit Cost
Description (Extension)
No.
Install Conduit into Existing Pull Box 2 EA $ 500.00 $|,000.00 14 15 Connect new conduit to existing conduit 2 EA $1,000.00 $2,000.00 Furnish and install 144 strand Single Mode
16 Fiber Optic Cable + pull tape in 12,112 LF $4.50 $54,504.00 existing/proposed conduit 10 105.00t
Furnish and install 12 Strand Single Mode
17 Fiber Optic drop cable + pull tape in 2,037 LF $5.00 {t960202JW existing/proposed conduit $10,195.00
Furnish and install 72 Strand Single Mode
Fiber Optic drop cable + pull tape in 350 LF $ 4,00 $ 1400.00 18 existing/proposed conduit
Furnish and install underground Fiber
Optic Splice Enclosure. Perform splice of 9 EA s1,200.00 $10,800.00 19 fiber optic cable(s)
Furnish and install 12/24 Port Fiber Patch EA $1,700.00 $ 13,600.00 20 8
Panel complete. Terminate fiber optic cable
Furnish and install new 144 port Fiber
Distribution Unit (FDU) complete (rack 1 EA $7,500,00 $ 2500.00 21 mount)
Furnish and install new Ruggedcom Rack
Mount Ethernet Switch, SFP modules, 2 EA $4, 300.00 $8, 600.00 22 power supply and patch cords complete
Remove and salvage Yagi antenna 1 EA $250.00 $ 250.00
23 Install Type 332L Cabinet (City Furnished)
and Construct Foundation (Including EA $18,000.00 s18,000.00 24 Conductors and Cables, Bonding and
Grounding Complete)
Relocate existing 170E controller to new
25 332L Cabinet (including MMU and 1 EA $ 3,800.00 $3,800.00 Furnishing and installing 170E Ethernet
Modem Card)
Furnish and install 19" wall-mounted EA $2,000,00 $ 2,000,00 26 server rack enclosure
Perform Traffic Network System 1 LS $6,000.00 s6, 000,00 27 Integration
C-2.2
Item Total Cost
Description Quantity Unit Unit Cost
No. (Extension)
Test Network Communications and System LS $15,000.00 $ 15,000,00 28 Documentation
29 1 LS sl00.o0 $ 1000,00
As-Built Plans
TOTAL BID AMOUNT - SCHEDULE A (BASIS OF AWARD) $ 626,451.00 TOTAL BID AMOUNT IN WORDS:
Six hundred twenty six thousand four landred fifty one dollars und Zero Cents
Note: Refer to Section 7, Measurement and Payment.
All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items.
PROJECT BID SCHEDULE B
Downtown Fiber Optic Communications - C.C. No. 1621
ADDITIVE ALTERNATIVE BID ITEM NO. 1
Item Total Cost
Description Quantity Unit Unit Cost (Extension)
No.
Fiber Optic communications from Police 1 LS $85,000,00 $85,000.00 1 Substation to Downtown Parking Structure
TOTAL BID AMOUNT - SCHEDULE B (ADDITIVE ALTERNATIVE $ 85,000.00 BID ITEM NO. 1)
TOTAL BID AMOUNT IN WORDS:
Eighty Five thousand dollars and zero cents
Note: Refer to Section 7, Measurement and Payment.
All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items.
C-2.3
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address f each subcontractor who will perform work or render service to the bidder on said contract in an amount i xcess of one-half of one percent of the total bid and the portion of the work to be done by such subcontracto Bid Name and Address of Subcontractor State Class Dollar % of Items) License Amount Contract
Number
NO SUBS
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4/14/2021, at Chino CA Date City State
being first duly sworn, deposes and says that he or she is that the bed is not made in the imes o, or on the el of, any unis be prom, lang the forgoing bid. of Elecnor Belco Electric, Inc.. association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
John Wong
Name of Bidder
Signature of Bidder
14320 Albers Way, Chino, CA 91710
Address of Bidder
C-4