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HomeMy WebLinkAboutBaxter-Griffin Company, Inc. - 1984-11-05�.:I n (n FlUNTINGTON BLACH Off CC Of 010 City 00 1). 0. Hox 190 11tint:nOut. Ue.i, I, CAM 921"'IF 1:1i161 pT N01 i C OF CO3MPLU I ON RECCRDFD 1'l1 OFFiCIAL RF( napS Or (RANGE C0(JNTv CAul >11,A -3 oct! PM DEC 6'85 NOTICE IS HEREBY (GIVEN that the contract heretofor_- awarded by the City Counci I of the Ci ty of Huntington Beach, Cal i fornia to __ 8AX1ER-GRIFFIN COMPANY INC. , _8210 Monroe, Stanton, California 92.680 who was the company thereon ror doing the following work to -wit: Construction of traffic signal improvements and modifications at the intersection of Warner Avenue and Edwards StrLet, in the City of Huntington Beach, Project CC-636. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntingi;cn Beach and that said work was accepted by thc- City Council of the City of Huntington Beach at a regular meeting thereof held on December 2, 1985 That upon said contract the OHIO FARMERS IiiSURANCE COIIPA14Y _ was surety for the bond given by the said company as required by law. Dates at Huntington Beach, California, this 3rd STATE OF CALIFORNIA ) County of Orange ) ss: City- of Huntington Beach ) day of December , 1985 . Ci y erk and ex-officio Clerk of the Citv Council of the City of Huntington Beach, California I, ALICIA M. WENTWORTi?, the duly elected and qualified L,ty Clerk and ex-officio Clerk of the City Council of the City of nint:ngton Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF CO-14PLETION was duly and regularly ordered to be recorded in t::e Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 3rd day of December , 19 85. This document is solely for the offieinl businoes of ache City of Huntington Bench, as contem- plated under Governzient Coda Sec. 6103 and should be recorded Area *f charge. City C erk and e2A x-officio Clerk of the City Council of the City of Huntington Beach, California WIILN RECORDED MAIL GITI Of 1i1,1141INGTON BUNCH U111ce of tIW City Clerk 11. Il. itrx 1 QO ►lunl•nr•fUn 0P.11 It (Mil g7r.4p F: COPY Mot Comparnd with Original 41 !C6 EhIPT NUTICC Of- COMPLC11011 CC-038 85-=49U663 NOTICE IS HERIBY GlYU1 that the contract heretofore awarded by the City Council of the City of ifuntingtvn "each, California to � JRJ_ CCtNS1P,UCTJOl1_�i)1lP�j�Y _,_�..� ._Z7.ZZ_E.. -Reg a.L Pa. .-Dr_Lite , Anaht-dPL, C-a.l-U-9rmb_92PQf? —.______ who was the company thereon for doing the following work to -wit: Construction of traffic signal improvements and modifications at the intersection of Magnolia ttreet and Adarvs in the City of Huntington death. Project CC-639. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -3 oo PM DEC 6`95 That said work wits ctxnlrleted by said ronpany , ..carding to plan, and specification', and to the satisfaction of the City Engineer- of the City of 11,J t.ington ns,ach and :hat said wor4 was accepted by thn City Council of the City of Huntington Beach at a regular rwetirtq thereof hold on pere':bnr 2,_1Q,15..�________ That upon said contract the lHE TP,".YELFP`. V19F..M'117Y was surety `nr the bord ,iven by the ,9id rwapiny as requi ind by 1:1W. V,ited at Huntington beech. C•iIifornia, this lrc:,4 day of i�ecr:,trr �— 19 t tt� and �-oft'tCtn 'Lierl. of the City Council of thn City ref Huntit.gtnn Beach, California STATE OC CALIi-Oat11A ) County of Orar„lr! City of Huntington Beach ) I. ALiCIA M. WEP.TW 01H. 'he duly elected tnd rluilifit•u City Clori and ex-offirin Cl,,rk of the City Council of the City of Huntington Reach, California do here;ty certify under penalty of perjury, that the foregoing NOTICE or 4GMPLETI0'1 is true and correct. and that said riOTICE. Or C(V!PLETIQII was duly and regularly ordered to ae recorded in the Office of this County Recorder of Oratrg- County by said City Counrii. Dated at Huntington Beach, California, this Ard_..._da" of .__VeteJlrC�� 1965_, This document is solely for the erfintol buaine+s o; the fltT of Nuntin.torr Penh. A% contow- plateC unaor Governeont Cot!^ Sec. G103 and should be recnrded Pro* of chargo. bi-y e c!x-officic'lerk of the City Council of the City of Huntington tlaach California •j cc.Xr, r , "IcLVIDtQ -, .•• n: tom... REQUEOT FOR CITY COUNACTION Date Octobt-�r 20,_ 1985 _ Submitted to: Honorable Mayor and City Council Submitted by: Charles 11. Thompson, City Administrator Prepared by: Paul E. Cook, Director of Public WorkslF ' ".,,, Subject: NOTICE COMPLETION FOR EDWARDS AT IgAR':ER -- �,,1-� TRAFFIC SIGNAL PROJECT; CC-636 -,� 1s r Consistent with Council polity? [X1 Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding So-irce, Alternative Actions, Attachments: STATEMENT OF ISSUE: Baxter -Griffin Electrical Contractors has completed all word: related to the traffic signal modification on Fd:vards Street: at Warner Avenue. RECOMMENDATION': 1. Accept the work and instr•.:ct the City Clergy, to file a Notice of Completicn. ANALYSIS: The following is a summary increase in contract costs: Original Contract Bid: Increase in Contract Quantities: Total Contract Price F UNDIN:G : $87,560.00 781 .00 $68,341.00 Gas Tax Fund Account 746369 = 10'= W%zardous Elimination Stud' Program (I•.A.U.) = 90? ATTACHMENTS: None PEC :':Ii : dw Plo 4/84 Ai C City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on HES-HO19 5005) CC-636 T rpf fic Signal J!gRrQvegents Cd_.Warncr_ Edwards in the Project No. Tigre City of H4ntingtna 9eac', hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the ceritract or training program provisions applicable to the wage rate paid. Signature and Title Sec/Tres BaxLer-Griffin Co.,Inc. • • i,ne- iv��! CITY OF HUNTI G'9 ON BEAC -�12000 MAIN 5TREE1 CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 1, 1985 Baxter -Griffin Co., Inc. 8210 Monroe Stanton, CA 92680 RE: Contruction of traffic signal modifications at Edwards Street and Warner Avenue, Project CC-636 Enclosed is your bid bond, a copy of tine executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1. 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. 2. An affidavit stating that all workmen and persons, employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. 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, Contract Administrator, 536-5441. Alicia M. Wentworth City Clerk- AMW:bt CC: Dori Noble, Public Works Dept. Enclosures: Bid Bond Cash Contract Certificate of Compliance (TekpNnnc 71443. SZ27) Maintenance BOND NO, 439 236-M Bond Ohio Farmers Insurance Co. West`ield Center, Ohio 44251 KNOW ALL MEN 13Y THESE. PRESENTS: 0 That we, BAXTER—GRIFFIN CO. , 19C'., V ,i • C-.rrt!inalfter called the "Principal"), ` as Principal, and flit! Ohio Farine!i's Inslir,lnce f ;om any'.- if, the Village of Wvslfie!ld Center, Ohio, a cc;rporntion dul% organized under the latw% of tilt, SU le of Ohio, and duly licensed to transact business in the State of CALLT'4fill ]iFi...____ ._ ._._.__ (hereinafter called the "Surety"). as Surety. are held and firmly hound unlo C I TY OF AUNT I P:GTOIJ B17ACH (hereinafter called the "Obligee`), in the sum of EIGHTY-SEVEN THOUSAND F I!_LNUNDRED SIXTY AND NO1-100- Dollars ($87j560.00 ), for the payment of \%hic•h %ti:i► %%t•ll -ind tnily to be inade, we, the said Principal and the said Surety, bind ouvwlvvt, , tr.ir livir.s, e•\e't otor%, adolini%traturs, sucressors and assigns, jointiy and severaliv, finny by- tilt•%t• int•st,nty Sealed with our scats anti dided thi% _�. 3 t1 t 11 day of LlCUST A.D. nineteen hundred abet WHE RE.AS, tile%:lilt Prnlcll).il Y•7'1RNW liar ht'rt-tl,f„i,' entcrt d into a onitract witl1 %aid C.ibligee dated ''u�? 25, , 19 _ f(►r CUNSTFUCTION Cr TPAFFIC SIGNAL 1.10pI FIC \T10N AT ENei ARr)S S T RFF'I' ANr) ' t � Pirch3se Orcle t-'o. 121 96 • ._ and-; K1! WHEREAS tilt, %.6d Proit Mal i\ remort•d to t;ti.ir.►ntt,t, flit, t,_' i„,� 0` 'Lr3tf'C s �.c,naIs installed lintlt•r %.till coiltr.10. (lt'fet k ill iil.ltt'fi.tl'• ill worhtiLln%hip which olay dt'Velot) duriniz tilt Ix•rfrxl bt-011oirlg on till, _ 30t.h _ tits t.I 'll'Gt ST 1')F1.L.__ , and ending on In no event ..Ball hmv% Imid mill-•r tillv, lit► id .►t;i!rcl:att• worn thati flit- .elnolu)t of thi; bond. NOW, '111FR1:F011F, 'rill" c'()NDI'II().% t)I'' TIIIS 0111.1GATIt)N IS SUCH. that if said Prin- cipal shall faithfully cart\ trot and pertorul flit- %.lift g.i.o.►ntet., mill %hall. on Jut, notice. rt-pair and inake good at its oA'n t"el(•ost, ill,% :I.1d Al dch-ch Io lnateriml, or lt-►rl,ro.in�hi ) in flit, %aid %vork ..rhich 111.1v dt.s•c!lo durim, the period sjjirc:ified a w%v ttr %hall Im% t)%cr. nl.tl.t, viW)d .1111 rciltihir-it• to tilt• %aid t)hli):er a�I loss and d'ollage ss•llic•h Said 0h1l-_'t,t, nl:►; %ostain h% rt•.lam of i.►ilury or dt-fault of slid Principal so to do, then tlli; obligation .hall lit, mill .-Fill void, titherwiw %hall remain in full force and effect. c h a e 1 D. K e 111rincipal icy 011 Il y DAVIT) A. BEND$R r,•. ,••+ A !. E. JERK GAN rc • r r�� ' n:rfc ACKNOWLEDGMENT OF SURETY ' '' '�� `.1:. ��,,:-,a: ►r�r�;;f e� r<w A: ..!I� �a^ ref fH7liL's:•! crri':[ IN My ESP la. 14. 193S S1 ATE OF ..-_ __ . .....CALIFORNIA — • SS COUNTY OF _ .. -..-.ORANGE.. On this ..- 30t;i day of AUGUST 1cj�35 _ before rne, J . E. JERNIGAN . a notary public. personally appeared DAVID. A. BENDER personally kriov:n to pie (or proved to nie on the basis o` Sat isfaCtory evidence) Ot)io Firrni�rs lflsufanCf' Coi-ip;iny of Westfield Center, Ohio, who ackno'.vlt'daed that the soai ,tf fi l ed to tt'­ ;itt:i,'h(1(l instr tarneril is he Cornoi atu Seat of said Corporation, that said instrument was signed ,and se, It-c; on c,f said &)rnoration by ;authority of its Board of Directors. and that tit? �,xpcuted s iid rn5lrumE,nt ,is stub attornt• :-n-f.i.:l .ind his the free act and deed of Said Corporation�_•100 ar) c- : 61� r . ' STATE OF COAUFORhIA COUINtY OF ' t 4( ' 1 JXK W*LiMW1%T Cr.✓ro•-+wrcxs sy-+ :liC► t-de. ; SI 1` fJrlL2trtLCTTS �►`� _..._. __.._� (in this oay of - - _ -- • in the year 19 Pe'ure me. the unGersrgned a Notary Punl;c in .'1na for sa,d Siate, personally appeared _---��-__-------- �.. —_-_.- _ — personally known ,o me (or proved to me on the Vases c! satisfactory eviCencel to De the person who esecutEd the within instrument or, oehaif of the Corroraticn therein named, and acknowleaged to me that ,he Corporation etecutea it WIT%ESS my hand and ot!iciai seal Notary Public in ano for said State %.-Aof glut a .xv • vv-v . Power of Attorney ftio Farmers urance C CERTIFIED COPY Westfield Center, Ohio Know All M6n by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office in We I let liDCe�+te►, Me inn County. Ohio. does by these presents make, constitute qnd appoint ......... ... .. .... of SANTA• ANA. . .. . . . . . . . . and State of . CALIFORNIA .. . its true and lawful Attorney(s)•in-F2ct, with full power and authority hereby conferred in its name, place anJ stead, to execute, acknowledge and deliver ..ANY. AND .ALL. BONDS., . R ECOGN I LANCES , UNDERTAKItc. , ...OR. OTHER. INSTRUMENTS OR CONTRACTS OF. SURETYSHIP.. and to bind the Company thereby as fully and to the same .Ixtent as if such bonds were signed by the President. sealed with the corporate seal of the Company and duty attested by its Secretary, hereby ratifying and confirming all that the sa,d Attorney(s)-in•Fact may oo in the premises. Said aapo+ntment is made under and by authority of the following resolutions adopted by the Board of Cirectors of the Chio Farmers Insurance Company - "Be It Aesolved. that the President. any Vice -President, any Secretary or any Assistant Secretary shah be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company, subject to the following provisions 'Section t. Attorney-rn-F-w Attorney -in -Fact may be cloven full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognrlances, contracts, agreements of indemnity and other conditional or obligair;ry undertakings and any and all notices and documents canceling or terminating the Company s liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Cor- porrte Secretary." (Adopted at a meeting held on the 3rd day of July. 1957 ) 'Be It Resolved, that the power and authority to appoint Attorney (s)- in- Fact granted to certain o!ficers by a resolution of this Bcard on the 3rd day of ,tuty. 1957. is hereby also granted to any Assistant ti ice -President " (Adopted at a rreeting held on the 13th day of July. 1976 1 In Witnoss Whereof, OHIO FARMERS INSURANCE COMPANY has caused these Dresents to be signed by its ASST. VICE PRESIDENT. and its corporate seat to be hereto affixed this 28 th day of JANUARY A D . 1980. OHIO FARMERS INSURANCE COMPANY r � State of ...CALIFORNIA � LO",'�,S G. GRAHAM, „R. , ASSIST t T VICE County of . ORANGE ` ss PRESIDENT On Mir 28th dafof JANUARY AD. 19 80 before rnepersonaiiycame LOUIS G. GRAHAM JR. _ tome known. who. being by me duly sworn, did depose t,nd say. that he resides in SANTA ANA that he is ASST • V i CE PRES I DEN of OHIO FARMERS INSURANCE COMPANY, the company described in and which executed the above instrument, that he knows Ike seal of said Company, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Cirectors of said Comoany. afsO thrt he signed his name thereto 1a)lot"o4dns . • + it • ... - • - • • P • 1 • • • .. • r • j = .•• CY') r,�.: !+OTn.•� ,,r. f `. ,,..,; ± Notary Public State of CAL I FORN IA i '`y Co-irr,ission E�:rr• Jung Countyov .ORANGE ••••a� is ••e•e••�.•.••s.•.•.aa• CERY,FICATE I. JOHN .W. COMBES ASSISTANT Secretary o. the OHIO FARMERS INSURANCE CONIP40JY Cohereby eer'ify that the above and Ipregc•ng is a true and correct copy of a power of Atfrrney executed by said Company, which :s still in full f01CP and effect; and furthermore, th6 resolution: of the Hoard ai Directors. set out in the porter of Allorney are to full force and effect In Witness Whereof, I have hereunto set hly hand and sill zed the seal of said Cgj7pany at Westfield Center Ohio, this 3 0 t h dayo► ..... AUGUST A D . i985 / i l� ✓'.el Ior % x v ASSISTANT Secretary FEDERALLY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BAXTER-GRIFFIN CO., INC. FOR MODIFICATION OF TRAFFIC SIGNALS AT WARNER AND EDWARDS THIS AGREEMENT is made and entered into on this day of /�1%�; 19 ,76 f, by and between the CITY OF v HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BAXTER-GRIFFIN CO., 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 the construction of traffic signal improvements and modifications at the intersection of Warner Avenue and Edwards Street, in the City of Huntington Beach, California; and, CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE., icy consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. 1. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all. expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in tre accepted bid proposal. However, the total compensation to he paid is to be couputed on the basis of the units of work as it is actually performed, in accordance with the stipulates: prices named in the bid Sheet(s). 2. ACCEPTAN-'E 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 cf 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. 2. 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 of in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean ant' include: A. This Agreement; B. Bcnd , covering the wort: 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 1982 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, L,:s Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's ProposF.l (attached hereto as Exhibit "A"); 3. F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicate.-3 in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if in, i-_:ated 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 sc+alL not be adjusted by CONTRACTOR, save only a� its own risk and expense. Should Lhere 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 to considered as an acceptance of the termE of said bid or proposal :ehich is in conflict herewith. 3. COMPENSATION CITY agrees to pay and COI. RACTOR 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 Ac)reemc ,t or the Contract Documents, the sum of Eighty-seven Thousand Hive Hundred Sixty Dollars ($87, `60) as set forth in the Contract Documents, to be uaid as provided for in Sections 1, 6, 21 and 22 heroin. 4. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (.10) working days after notice to proceee. is issued and shall diligently prosecute PROJECT' to completion within sixty (60) working days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein. 5. TIME OF THE ESSE14CE 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 till shop drawings, details and sample. and do gall other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTPJNCTOR shall coor(linate its wort: with the work; of all other contractors, sut.-contractors and CI'I''i forces, working on the PROJECT, in a manner that wi 11 facilitate the efficient completion of the PRU:T.CT and in accordance with Section 4 herein. CITE' shall have complete, control of the premises on which the work is to be perforc,od and 311Z..1ll have the. right to decide the time and order in which the various portions of the work shall be pt-.�r formed and the priority of the work of other contractors, sub::ontractors r,rirl 1,2'I'ry forces anti, in general, all natters concerning the timely anc.1 orderly conduct of the wort; of CONTRAC T O:: on the premises. 5. • • 6. CHANGES CONTRACTOR shall adhere strictly to the plans and speci ficat- ions 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 perforin 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 w^rk small 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, CTTY will promptly issue an adjusted change order to CONTRACTOR and the contract pr,4ce will be adjusted upward or downward a`cor.dingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed cr furnished under this ?Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay 6. 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. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the wor!: and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furn ir";ed . 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication: materi.al or structural facilities constructed. CONTRACTOR, within ten (10) days af,:er 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 suca ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 7. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW 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 orth 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 1.774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to Section 11 of this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as a 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 subc:�ntractors) less -than the prevailing wage rate established for that particular craft or type of work. 8. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) 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 it hereunder, shall not require more taan eight (8) hours of labor per day or forty hours per week from any one person employed by it hereunder, except as stipulated in California Labc,:: Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 181.2, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT -HOUR LAW -• PENALTY Pursuant to Section 13 of this Agreement and in accordance with California Labor Code Section 181.3, CONTRACTOR shall, as a penalty to CiT'Y, forfeit Twenty-five Dollars ($25) for each worker umployed hereunder by CONTRACTOR or any subcontractor for each calendar day luring which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. g. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records 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 or worker employed by it in connection with the PROJECT and agrees to require each 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 1 reasonable times to the CITY, the employee 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. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall 10. secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents anc1 employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQU'IDATED DMIAGES/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 working days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Hundred Fifty Dollars ($150) per day for each and every working day's delay in completing the work in excess of the number of working days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 11. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, Sot not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine r:-strictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) clays 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 s:iall 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 lelayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site :or which CONTRACTOR is not reaponsi.ble, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRMCTOR, or in the event of a lockout by CITY, ;,t!n t•he time herein fixed for the completion of the work shall be 12. 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 cf 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. 20. 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 na:-,:,r,e, differing materially from khose ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate to a 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 13. 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. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will. not govern final payment. Payment to the C014TRAC'T'OR 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 pre�,ail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under. this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. 22. 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 bee►: 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 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. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 22 of this Agreement. 24. 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 ...:terial, 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. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, 16. costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising 21irectly or indirectly out of the !obligations herein under t-aken by CONTRACTOR, or out 0A.. the operations conducted by CONTI'.AC'I'GR, regarc3less of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole nen'Aaerice or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimhurszen to CITY n-,r may be awarded .:o CITY by a court of competent juris:liction. 27. WORKERS' COMPE::SATION P S['- kNCv1 Pursuant: t'-: C,3I i for:►ia "ode Section ?.P,G1, CONTRACTOR ac►;nowlf--yes of Sec•;.inn 3700 et seq. of said code, which requires, every employer i-o he insured. anainst liability for workers' compensation: CO'vTRF>>--TOR cover►ants that. i t w i l l comply w z th Sucl► provisions pr ier to commenci ng performance of the work hereunder. Ct':4TRACT0R sha1..1 maintain such Workers' Compensation Insurance in an amount of not leas than One --hundred Thousand Dollars ($100,000), at ;ill times incident hereto, in forms and underwr i t t e:; by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance o r the work hereunder. furnish to CITY, on a form approved by the 17. City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at leas. thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prier to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 26 of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. COt"47RACTOR shall furnish to CITY a certificate of --giver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 2 a . I NSURXNCE CONTRACOTOR shall carry at all times incident hereto, on all operations to be pe-rformed hereunUer, bodi' injury and property damage liability insurance policies including automotive bodily injury e'amage liability insuran-.e, under,,4ritten by insurance companies in forms satisfactory to CITY for all operations, s )contract work, contractual obligations, product or completed operations, and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. 18. CONTRACTOR sliall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in :n amount of not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage. CONTRACTOR shall require itE insurer to waive its _subrogation rights against CITY and agrees to provide certificates evidencing the same. Before COI�TRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provicir, the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR. shall maintain the foregoing insurance coverages in force :until the work under this Agreement is fully completed and accepted by CITY. The requirement for dairying they foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 26 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 t: i mel 1 manner, the premiums on all insurance hereinabove required. 19. 29. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or become-s 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 clue to CONTRACTOR'S default. Unless the default 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. However, 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 re su) ting costs from the progress payments then or to become lue to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS C014TRACTOR 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. 20. • • 31. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this agreement, or any part hereof, o'P 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. In accordance with California Government Cade Sections 1090 ct seq., bi't. subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. 33. ATTORNEY'S FEES if any :.Ytion of law or in equity be^omes necessary to enforce or interpret the terms of this Agreement, the pr_evaiiing party shall be :�nkitled to re3aonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. I£ any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attcrney's fees, costs and necessary disbursements arising out of the processing of said Stop notices, Notices to Withhold, or any similar legal 21. document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and inaterials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so *.ncurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES All notices required or permitted hereunder shalt be delivered in person or by registered or certified mail to an authorized representat-ive of the party to whom delivery is to be made, at the place of busineiss of such party, or to any other place designated in writing by such party. 35. CAPTIONS Captions of the Sections of this Agreement are for convenience and refer..•nce only, and the words contained therein shall :n no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. :36. FEDER:�L PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is beinq assisted by the United States of America, and the Contract Provisions embodied in Sections 37--44 are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 37. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on sair? PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determines: by the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C.A. 276 as supplemented by 41. CFR §1-1.2. 401-1) for each craft or type of wor};er needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 38. DISCRIMINATION, MYNORITIES, ALIENS CONTW-.CTOR sha 11. not cI i scr i m i na to nor a 11 ow its employees, agents, principals, or sub%..,ont:ractors to discriminate against any employee or applicant for employment on the basis of .race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps ro hire local qualified minority individuals when job opportunities occur and utilize .local business firms when possible. 39. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," 23. and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). CONTRACTOR is required to have an affirmatives action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 prohibits job fiscrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first- four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To assure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. Tlie CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 24. 40. COPEIaAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (41 U.S.C.A. §§51-54), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 41. CONTRACT WORK HOURS AND SAFETY s,rANDARCS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327--330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act, each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of riot leas than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act, is applicable Lo construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health 25. standards promulgated by the Secretary of Labor. These requirements do not apply to the Purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 42. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 C.F.R. 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act. and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines Listed thereunder. (c) The CONTRAXTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 26. 43. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94--163). 44. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reperts and forms that may be required in accordance therewith. 45. ENTIRETY The foregoing represents the entire Agreement between the parties hereto relatinq to said PROJECT an,i correctly sets for the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effer:t. Oral represontat•ions or modificaticns of 27. 0 • this Agreement shall be of no force or effect excepting a subsequent modifi:ation in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: BAXTER-GRIFFIN CO., 1NC., a California Corporation BERT J. GRIFFIN, President r, r. i MICHAEL D. {ERR, Secretary/Treasurer CITY OF HUNTINGTON BEACH, A municipal corporation ATTEST: APPROVED AS TO FORM: ' I n City Clerk City Attorney�„�-�S REVIEWED A241) APPROVEn• I111-TIATED_ AND APPROVED: �ci Administrator Director of Public Works JN:n.£ #3443 0533L 3/16/85 2B . CITE' OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 926,18 OFFICE OF THE CITY CLERK !lay 1, 1985 Moore Electrical Contracting 2841 Saturn Street, Unit E Brea, CA 92621 We are returning ,our Bid Bond which was submitted with your proposal for the construction of traffic signal modifications at Edwards Street and ;darner AvenL. Project CC-636, in the City of Huntington Bench. The contract for this job was awarded to Baxter -Griffin Company, Inc., of Stanton. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia 11. Wentworth City Clerk AK14: ht Enclosure (TWaphons: 7144536&52T7 ) • CITY OF HUNTINGTON BEACH 2000 MAIN STREFT CALIFORNIA 92648 OFFICE OF THE CITY CLERK t!a: 1, 1985 Steiny & Company P . 0. Box 6130 Anaoei�,i, CA 92807 We are returning your Bid Bond which was submitted with your propnsal for the construction of traffic signal modi Fications at Edwards Street and 'darner Avenue, Project CC-636, in the City of Huntington Beach. The contract for this job was awarded to Baxter -Griffin Company, Inc., of Stanton. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia F1. Wentworth City Clerk AtIW : b t Enclosure 1 Tole own•. 714-536.5227 ) a ;, CITY of HUfV"C'1NGTC31%J BEACH A.' � 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 16, 1935 Paul Gardner Corporation 901 South Sultana Avenue P. 0. Box 3730 Ontario, CA 91761 We are returning your Bid Bond which was submitted with your Proposal for the construction of traffic signal modifications at Edwards Street and 'darner Avenue, Project CC-636, in the City of Huntington Beach. The contract for this job was awarded to Baxter -Griffin Company, Inc. of Stanton. We would like to take this opportunity to thane: you for your interest in submitting a proposal. Alicia !•!. 'vtentworth City Clerk A141: b t Enclosure (Tdu phono : 714-536-5227 ) RIEQUEI` FOR CITY COUNG ACTION Date April 4, 1985 Submitted to: Honorable Mayor and City Council. ' � C1TV`UL'+(' � Submittedl by: Charles t•, . 'Iho, pson, Citt Administra t:ar 1 Prepared by: Paul F. Cook, Director of Public :•.orks Subject: Approval of a Contractor for. the Con .truct ' orb£ aff_ ' qnal Modifications at Edwards St. and Warner Av• . ; HF.S-M01.9 (005) Consistent with Council Policy? (xJ Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments:/ STATEMENT OF ISSUE: The City Council has previously approved the solicitation of contractors for the construction of traffic sional mOeii f2C<itions, at the intersection Of Edwards Street and Warner t,%,enue . RECOMMIE,IDATIO2� : Accent the lour hie? submitted b�� f�a::ter (;ri ff in and authorize the 'Sayer and City Clerk to execute they st-anda.-J. contracter aareerient on behalf of the Ci tv . ANALYSIS: In order to effecti_Vely cOmc)1':+., Con=t-ilction in a t.i.me1;.• mapner, it is recommended. that c0 :1t_ ,-1( t,'`1" hl.? ret .::ariecl. ih� `.Q1.1Qtia'it1Q Proposals werr_- received: Ha:*.ter :ar. i %: in $ 87,560.00 Moores .:l r_ct rie 95 , �t 0 . 00 Stain- Vinci c'o.mpar_• s 98,820.00 Paul (;archer S10'j , •;8().00 The winning bid. was ar.1v S•1,000.00 unclear thc:enalnaer's estit:-ate. FUNDING7 SOURCE: Hazard; Study latic�n tuc;;; funds (?'lltlA +0 * ) City Gas Tta:: Funds (10') ALTERNATIVF: ACTION: IN 7_— ATTACHMENT : None CWT:PEC:KH:jy P10 4/84 REQUEA FOR CITY COUNCI ACTION Date October 24, 1084 Submitted to: Honorable Mayor and City Council Submitted by: Charles Thrrnpson, City Adrrinistrator Prepared b;,: Paul E. Cook, Director of Public: work Sub)ect: Approval to Advertise for Bids for th Traffic Signals at the Intersection o and Edwards Street; CC-636 Cons t.r s { - ..._. Statement of Issue, Recommendation, Analysis, Funding Source, Altemative Actions, Attachrv:!nts' Statement cf Issue: The City Council has previously approved the participation of the Department of Public_ Works in the F'e:ieral iiazards Elimination Study Program. Through this program, 1_,lans and svecif.ications have been r completed and this project is rea(::,- to be advertised. Recornrendatior.: That the City Co.3ncil aPpi'ove the plans and specifications for this project and a.uthzorize the Department c f Public Wort: s to ad :'ert:i.sc for bids For the construction of traffic sionals at this location. A.nalvsis : Plans and specifications }Nave boon reviewed by staff and are ready for bid. Tine plans and specifications include several mociifications which will. provide for increased signal 1phase's, fuur-%.,a%- se ,arate left turn phases, increased intcrsecti.on capacity, new state of the ,art cont-rollci r and cabi::et hardware, new highly, visible traffic signal heads ,-end. Inter- nally il.lumi1nated street mare signs, i nstall.Ztion of han:.iicap access ramps, new underrJr(Dund conduits and new pavement marhizi s. The estimated cost for th•ase improvements is S90,000.00. Fundinc Source. City Gas Tax Funds $90,000.00 (F►r.ount Na. 7463(.0) H.E.S. (Federal) Fund Poinibursement Amount (9M.) -�81,000.00 Alternative Actions: N/A Attachments: None CWT : PEC : Fii : lw PIQ 4/81 • Superior Court „t 'tat C I TY 0,F HUNTI NGTON BEACH PLANNING DAPLENE H. HUNTING i ON DEr•CH INN. h REV 1.:eA.,11;•,r j,t' rtl .h ..It rl , :1... .'i,. lfl • HUr1T i 1c 41 Oa: 2Et,CH It-r t:rrt.t{t•tr t I�• .,. tv. .I: f .,'�,. , ,, i, , ,� .. 1,•! .1'11i .t}l:, (. to t1.1, I;,, , I' tir: .1 rl •:::i }l,t' l..r• , ll , r .. r,: �. 1 , . , r, • 1 nt. ! Itt h :u,+. •{. I, r f .1 .,. • ...If ... ;1 ;, .,., •,11 , ;, 1. 4, „ 'i .1 rt r',{t.r i:,t, , 1, f i Ir I t, t , IIt•rI - -i , t, •,itr't• r r I, r t,, f. rvrit iv t )Irl ra,,f r t..t• t., 1 r ! . , r•, r' t..,,,-J..rci ,),It, Feb. 28, Mar. 7. 14, ?1., 1 )t`r; tt.t;t,t I, Garden Grove t' 1444t,l., t„• 9 ty1 .tt Apr. , 1 t 6 5 DA iLINE H. "1ALo 1� � 5O vlr lrf � IIIt it ►V nF IT141.1(':+•I'I(i`: SEALED BIDS CC-616 -- ,trrrla: i��7Tr�ri sri�tii, tsu>r - - — c(• to N.tlre !• tvirb) (',tn that tte 1 1%) C.•ulcd tI it* City of "anon m Hilieck Ca: 1 'fir :. r it rvt-rt,r win! tW6 liir Ise emuttrul" of frame 44:ul salwrc%%T :u an: At tt• lrter.nlra 4 Namur A,rnur and id*ards.Strv+t in the Ctt► t,( H vi;ntttin Fir att:. I'aktlrt;A is actritdanrr orth toe pkw acid altiacirinwittr t.•trt KWIC p•'11w irs nn (At w the iifr V tit the Ikrertee d PUWIC %WU. 11i'M r-•> .0 ••ri tv .va :.tJr on March 11. I WX A Olarpr eI l2, u1, rot rottlu6bk, arm 1w rN.ord r, i re,l art tI a snifirairma (rA Y.'-xt`trn-4 C»gut�y+ to oR (w Pt. E x W(tttc# t:4 Aor Soft WIT Qga'ctt" otw•u a t�'r,viv Q wi t." t,hx;# Limp SUM 10-ts; rtvei el K; tc} ''u tt•l+.vIW6 druttsat It ,v+ Luis', Sim yr tit Fur .4' 11 }' y : asir ut++ i,ump Sum lvuuetl,n 'd I,Mr d.utttr .a•1• } i N ti L=V bum Irlsu:'autrtItn.'rvt4ralcvtitn:kr.ckt.et.69. ' • !n. fit a... tR d.,t LIU. Well A T% w41f31 !bast and tt t m.w ttr r a l.utt.p fate, In . t c'riance M ath ttu pr,wlrr'D. •.1t Sectirti : 7a of ttr } atr,r C"le. the Sult ni (4::t+-.1 In•«k• of IN Irpa•trwal 'd I%i%tnt.a! WJtrw- OW MerniTt the t-curt,! rrvtt._•rt nts el attj,•a. a(,V icaai• a !tie Merl ,:i to door, tr4wiv r4 the lstert Ir:u•al usi- :ry drurro:tnauua we r.t rl• at Ow raTkv o! ter Cttt Ci►rtt anA the tie U: kar of INAitc weskj a( !.tie CI17 ,J Htutirligux Iftak, CaIJUrnaa. F".,. are 91tW'Tftratrrw utrt:icr stth ph atat fUM mtq be Obtatwd at the ,uf.•r 4 it:. I1t„+rur ti haute N:elet• (r:) Hint 11,131 r.Iun Ruarti c4 t M14 N, t.t • {; rrrvtnd uslw rt At rtrG w a t11sn1 rats fwniazlliod by U* Wreke R P 1t+" ti .+La % ie, a„•ra.•ta; ettret,te tI prralt,rctrt•a Wit" la cattwl to tlw pfrvK^ J t'+Iu/.•'mr:fu vt &4h L. ae rrc:rtcstaa% for U d.trrtiow as to taa Wild" Tr* ttr.o ir,attitwi art aiStnis w%r title, IaaK gneri a► a born tx ti+e 1Qllf:efi1•n 11 I•.o., arw " Call d Htrita-jsA Ibsch 6bs mot irrp " w 'y intnaa:tr. aJt« t).at ttr a tual tatcilll tl rtvl t•tll nrnap)0i )hnr+tth trA rwt+n I—* r><t t w inre.c.tr tv dr-c-Tom toe ax-'+wt :t taf ciao a p wlt _. of the v.rt at rat to t+.+rvd wrr.a.fv tit otrwiteet by W Ihtpcw of ii:iiu 44•trkA A:: I,.!# a tJ tw r•,c,iwwl on the bwa of L-tie Ihrrt'trit rI Puthe Works Nursste M toc� .ant two (I *,iti to be 4,x# ! u+,.;ttt twat t1 ter of �eM h+ at:1 rtxe:Nf MrtAIY Lj b7 thI Ctt)' tct itla4lr► plrlottt• 1 ante Mul: tv;wmatteenl to a:r:tlar,cs vitth pr„vwrxu d ILr Cal,ltrwa Gevetaraot C1,it 1vrt.4, W5, 4:.th W atii is es.te !cat rot a 1•n•n to to nhtaertwl at thr d'.Kv r the Nrecttae e4 at".: H'..r1i, Onv4rprMAt aIr .:+.ain `: a) Matra,et. Hwtiqrytuia [kart. rattl,rr• :its. 4m:. tv aest•et and f,W Mtth il* C41 (*ft at file Crir (sutrr, Ssrr,tsl Arne A.f�:rrnttrateirr ltuiflirtt .2101 flair Str,►t, )}W b Wash. ('abfwua, CA Cr tl»f.ry 16,e) A' 1 1/.4ItJ i, 11►ti5 uid at�}l k t�te�cC to a trustattrt ttititlaattnt d t1,r Clio ('rri ,'w ('it) Att,inn and I>irv.l.v u( PuNie N•ercta yr ttxit biOnritaid n},cwnatliv and t»v n4JU iJ Le-d biU q w%S be wp+eLd k, the City Camcd o1 .aA C.•i, ,J 11'irtw4vo }inch at tMtt rt-e4lat a+rctta W be Aoki em Meridsy, the t: it. ,J li-C4 19�t• it the to w t11 X1 P M m the (`it) C'suacd Chacriien a ON Civic .I wK (*tit „t ll:iTwifu+ Pfiri i. am than be wril urm by asks Crtr reos:t.I: At O.• rvit'::a, Cv u 0 Aped IS. IP,Vt •, l.r I.ow t4 H.,rt,ttju,t Hearn. Cal f,oe s rt"v+ the htbt to tv) toy at CI h it. ti1.t 4, eailrrt the }cd d•vri"I I,t Ow Not ,+termt tf the City r1 Hitntilerum }k+rh, t w.f r•,a it% cvi, t( ao C,t) F urxil i.i the vit) a }iuntiryrtvs &rch. a:it. tett !kit %. AV Nt 5. lacy! A71'I:•T ,4•rs Nv.ta•eth l'.tt."r•i i c ton+. M.. ' t( :f, u••. Willi Hv. 9lni tin .0011e ' PU Df.i St1 7-1 %i'1f_3 NOTICE INVITING SEALED BIDS CC-636 [ �' Pjotice is hereby given that the City Council of the City or Huntington Beach, California will receive sealed bids for the construction of traffic signal improvements and modifications at the intersection of Warner Avenue and Edwards Street in the City of Huntington Beach, California in accordance: with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on March 11, 1985. A charge of $25.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIf%1ATE Work Item Quantity 1. Installation of 16 Type O left turn vehicle detection loops Lump Sum 2. Installation of 30 regular type vehicle detection loops Lump Sum 3. Installation of four 400 W H.P.S. luminaires Lump Sum 4. Installation of four double sides I.I.S.N.S. Lump Sum 5. Installation of traffic signal controller, cabinet, poles, wire; boxes, conduits, services, signal heads and all mist. items 1_-imp Sum In accordance with the: provisions of Section 1773 of the I_a`zor Coce, the State of California, Director of the Department of Industrial Relations shall deterrTlin: the general prevailing rate :of wages, applicable to the work to be done; copies of the latest neneral wage rate deterxiination; are on file at the office.' of the City Clerk and the office of the Director of Public Works of the City of Huntington; 1?each, California.. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for fuil 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 peach dGes not cypress 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 Work3 estimate of the quantities of work to be done. Lm l I Substitution of securties for any monies withheld by the City to Insure performance Shall be perneitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wine, 2000 retain 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 April 3, 1985 and shall be opened by a committee composed of the City Clerk, the City Attorne;o and Director of Public `'forks 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 Monday, t1he: 15th of April, 1985 at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at. the regular meeting of April 15, 1965. The City of Huntington Beach, California reserves the right. to reject any or all bids, and to accept the bid deerne d for the best interest of the City of Huntinotnn Beach, California. By o.,der of the City Council of the City of Huntington Be:3ch, California this Novernber 5, 1984. ATTEST: Alicia :''ent.vorth ---- City Clerk B_7 612� I Al,thoriled to Puhl!Sh Ad.twlisements of all It!nas Including puDtic nol,cas by Decree of the : uper!ot Court of orange County. Cllifornia, Numb"r A-64 11 dated ;'9 SaPlember 196: and A•24831 dated 11 June. 1963 STATE OF CALIFORNIA County of Orange �.i w �•.'.. -v •••. � •'ems t•'•e1 tr .'+ 1 Nr » i...nr I am a Citizen of tree United States and a resident of the County aforesaid, I am over the age of eighteen ears, and not a party to or Interested in the below, enlitled matter I am a principal clerk of the Orange Coast DAILY PILOT with which i5 combined the NEWS -PRESS a newspaper nT general cirCulatfon, printed and publishe(J In the City of Cnsta f,AeSil. County of Orange State n! California. and !hat a Notice of or &hlcn Cop, at!ache(j hereto Is a true and complete Ccpy. was ;.'Anted and zm)hshel in ''he Costa !Vesta. Newport Beach. Huntington dead: Fountain Valiey. Irvine. the South Coast Cummunitie5 and L.aquna Beach issues of saia newspapt�r for . . _ . consecutive wee► s to wit the 15sue4s1 of t _ 198 1 r� :l.t t 'h 1 •; t9H 1.; 1 I '. a i _ 198 declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ f�t�a_t'V ri :: = ___—_ , 198 at Costa Mpa, Califor a. ft��' Signature • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE INVITING SEALED BIDS CC-sss Nohct) is hereby given that the City Council of the City of Huntington Peach. California win receive sealed bids tot the constluctton of traffic signal !mpmvemer.ts and mod,hcations at the intersection of Warner Avenue and Editiatds Street to the City of huntington Beach. Catiforn13:n accordance with the plans and SPe: if.ceficns ar'a sped il provl,lans on file ril the office of the Director ct P:,w.c Works Documents will be a;a,lable on March 11, 1985 A charge of $25 00, not retundab!e. will be require- far each tel of s;:ecihcatrons and acrompanyrnp drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Ouantlty •.g!.ra8:•r.n 0 it- T)r.e a 4-!! 1 w. .Qt+G• ^jlifml.sn Ever t Lump Sum Inbir—v —:n of JC rpy/'a, it:4. .t''' GP at, -(r ,r, !PGi1S Lv-V Sum !•�S1a'1'.^n t•f h;•�, AN Y: H 0 r lu•'+.nd:•e5 r Urr.p SUM t r`s': "1•' _1 f.,..r d::'-P'9 Alps I I S N ; lunl(. Sur?• If C At) npf ;:clrS a'•^s Cc ?1'! twr J„ ; •r•. C s•,;^ it ^p1-s at'J a'I r',',C I(", s Lump Sum +" .1C CC-AJ^r; n,t'I !t'.e 17 73 rf the LJC•^.t C.Qdt itiE .Silate of )+ r:•rr ^, reclCr of it t• shs" L!,'rrm Ile t'•e op, r•.1' Creta 1, rDIC r,f Nhyps J;:("•C1t. r` '^ !M: MCrA 10 bt tl:,'+C. C^,,•r'! of the dieat yrrr• 11 a1) a •ate '('r•'rn „"•t,t;nI nip f tP •i! t'--' JffiQ' 01 the (;;tr Cie IIt .1n9 11 +0 t,.t..r Ct t-`p !) "Pit:'' :'tut" r Y!L-= S ^.I 1'te C,!y of Pooch. Cartforn,a t-19' !• 1''.A Lt+tU1{11'r".t % ;-the' w'th Er, ('mV !U"r r^a) be Gb13.nh1 at the Ui ..: !'+, ��1•r i;'rt t.• ty ti"i flora rvr!Cn l3l•dCth• calforn,• . : wt,,, l••p .Z.:p .t -.,ir•;atc,t 1 '.1,'n.• : a t'.i';► 1_rr, furr:thwd by the 0-recto G' V',.t .. 1iOrrts T'e tt!M.td' it'-pnt.i•n Err FrC`;i,.•i:hw4 1•1(:`efs is C1itnJ 1.) the rfir, .pgj"Inr"Eta st1 fgr!t. -n i••r xi+:.'.ia',^np 11w for; 044-A'Cn'i as 1^ !h,� t; J. +'_7 11•n rf a a:;re-vr..1'P .+"'1 0`NJ F•1w) as x bJ54 for the C0—ra':%.n pf b•,ls a"^l 1''�• LA) to H'.Pii"Ctt:r 11t•:1;t. d't-s not ert:wess or t)) ­•,-'rt.11 •:'.", :-F'e.' 1'1., t^e t:!uG: rT c•'.nt .,! At "te 11 n 1.grrr1p01ld lhrrenith but 'f ter.-'s 11 r i•,;t:f Iv ir'.CrraSr (;r ef•c•nase !1 p 1ni,-.U'lt of any C1325 Ur vort.on of the «trk as rn+w1 by (`►-m«? *`-crssa) 1•0.•-J:rh! t)) Eris] O'rector 0 Pubhc (York$. At),rls wilt t>e - .impi,pi ch tha t;aa,s cf the D-it, .tvi 0 Public Ysofk] eat mole ct it t• .,Oq t•.f V". 't. 10 t e l!•'r4- S:t!thldtt-'r 0 rr,C:.:i!i•. !n' ]." !n. ne!s M.,111i00 br I" City to ,nsu!e 1.l 0:""1.V'Cf• it'.%" LI• L'«•rt.11ed ,n 8iL ^'.: J').h wa'• t:-4.•t�U•�>f ul Elk Cat1:;rnl'3 GU,P,t•.rn�ra C O:.'C .,!a'; n 4!•Q;` . 1 b.- L'•7 sttl'I L•r. r, 1 p Ct.t Da ,1 f,.• IU fP GLa 1'r,t'J r.t Mr oN,Ce c1 fht+ t7rrt4tot r'Put, L.'Jlcaht ki,ar. Clreet Nun':r)yto!) 6sJcn Cs!r- fCrr,,.t. ;- 11 LV 1^vel J"rd !.•t d )w111t the C I) LIP•e at tht, C-,*,.; C@r'trr. Slti.ond r•lt?cr t:• t • t!rat.L:n If..rda,g ;i);0 iLla'n Strtr`t 1a;r,i•nplun E:e;+Ch. C 1',f�tn a, oil or t`r't•r 10 D: A f,l rf April 3, 1985 1.,d ►her, b,* vi,rr pL] by ,. carnrn,!tte ccmposel of I— Co, Clwk the C't. A!lo> v, J•id t) rrctrr cl Put):: 1'icrl5 cr Ihe,r -1Uthotr•Pd rl p•e•1:-'+t]t,.e- .Y47 Ih,,-e�i:I13 01 S;rd L,11, nJ w. +' Lv r-vo-ir•l 10 al"d 1Gtrtd urn ,n ty I"P C.!t Cc„n_r; (:t fits]' :aft A Hui 1•nylcn E3Paa) tit Ir.:- it•guiar r*•eetirg to bu he!d rrt kl ,t-.1y me ISIh of April. 191115. et t',r• r nor or 7 30 $1 41 in the City Councti ('J,1•i t-ws to iT.e• Ct1,L Car,-er Cf sa'd Gi) of HJnlmritr.•i Eleach. and I),,iB t)e paled 1JEC,1 Vt to J Cny Lou-.C•: at the rvJu'1r fret —lair, of Apr-' 15, t9e5 i t•r C't!y c! ret(-lp3 the flf t t to telecl 9ny 01 n'I t:•Ct wid 1•a JiLrpl trip t"J 0-pmed i.' !Pt t>o5f into--tIM of MT Cil) of Hurt:ngtnn C11'.fNf,-A BY CtLir• Of the G'ly if the C•ty 0 f4ur.titsgiCn Reach (. A:.}i .rA lh'-. NJ.I.•r ht•• 5 1U�1 ATTEST Allcle Wtnlwaith City Clark •^ed Urs,"ge Gr,nsi Q.V, P•'C'f Vet`ru'iry ,P 10d.1r0h 7 14 21 thfi5 Th.77i PROOF OF PUBLICATION a TVM Superior Court or rrs STATE OF CALIFORNIA in ar►d for Lbe County of Orar►ge CITY OF HUNTINGTON BEACH CITY CLERK ;hate of C.etlifc,rnu ) County of Orange )aa MARY E. HERBON That 1 am and at all timed herein men(ionrc! wigs a citizen of the Uriteci Sutes, over Lbe ate of twenty one years• and that 1 am not a party W. clot iaterented in the abr,%e entitled matter, that 1 am the principal clerk of the printer of the HUNTINGTON BEACH IND. REV. a newspaper of general circulation, pubhshrl In the Clty (I( HUNTINGTON BEACH Count} of Orange and which newirAptr is published for the disem,Axu.-n of local neon and intelligence of a general charac tar, and which rwwaoai.rr at all times herein mentioned had and still has a bona ride subscription list of imy-Ing sutrcritxn. and which newspaper has been eytabluhed, printed and put) liahed at regular iritrnala to the &aid Ceutnty of Orange felt a period etcreding one yiar, that the note:t, of which the annexed is a printed copy, hat been published in the regular and entirs issue of said t►ewypnirer, and not to any supplement tJ !ita. rin the following data, to wit. Feb. 26, Mar. 7, lag 21, lqHr, I ear. ify ((it d"Is►e) urrlet penal!' of—•rjrtry *I— the frorc r inE is t.rtu• and norrect. Dated at.........GARDEN........ .GRO..VE ... .. California, this ...2 L% t day of . MLA C..... 19 85 MARY E. HERBOIN Signature is CC-636 strnCr. A1Tm4G w-uim irm w_ -•-- --- SLAwt t. >.r[fct cis Hanujrt ,C&W1*n.a win rae-errinafor 1w"05%ranvro /f trfc inopt "I met f.atacNts at at tcto wti.w d Wsffwr A.ratia ad Edwu& SLmA In the i'.t v of Htxturtua Rnufk Cawww in aart•dtnn With the ptaar talc r aafiatrsn w.l a,�vcvI prcwttnW on fair i+, the dfkr d tlw tluwtut Id Nbiit %(Y11 I►x•t• Meru will tw a.ailatdr zee Maul 1 % IWL. A tl lvft of Mrx3• rrlt rehu►dab w. %iU ►w re./Cirri na toch rrt d welfrtst►ed tnl rnnap►atux knwr�.ys Mr(If Pt.UX WM0 L47llt1TJ~ Kan lwm Vwaatay 1 Ineuttls' on d I41)re Q kA tun rebrclr I,tuap lwwl Irsudat►ol of x) taralar t•vr "hieeir de actow 1ka.Sls LA=P S4-M lr�t,:ittrn rJ tsar R' H.P: f.lesmaws t.,+sp:ium t It:.a'rer+i0NW(JoUNtarltall.SNS laapSang In.ts:lati el r'f tfr:fk rural rmtrdwr, imam. priew, enrn. F.•ur. mvic:u eemm, t:;nawft � ah! !r[east rerr.s L,rrnp l+Itct } � s• r•ed,cxy arh t!a p�xrc�irona r/ Swtrwl 1 "lt of the !.a!rx Cade. t`wt btata d f u rr..e I4rnt`v cf t!r tkrre•tntot of lndursrial it<iatkuv LW drVriiaim the vow -al twt.uat,f rat. 4 aw-4, "•ratblt to tt» "k 10 hr &zir, r"Pira t1 tlr lttaat re-tal wwrt rate deterr.tmixwe an ae fJt tt the trifle. Of the City Clark tad tha offk t ,d t'* MfVeu 171?I,NX Wrrta d tw Cet1 d Hutuyt..a fkacb. CaGlYnio, (".ar.e and rrr_r ntfow. L ufetbatCwait eaa! (rcs. ttaay tr ubmd taat sae a}r:. I.i tie t►.:rruw 1.f 1'utitre't ur1a. r,y Huatarra flawtl. Cn.t' fsttua 'k bet ma nrrieert unlwr it M wtadr aat a Usak feu fWANbari t7y the LUOCur 4 Put i,r tA'arka TT,e A:%Wra1 a:trrtAWJ al e► OPMInt bddrn k WW IV t1.t pnlfrAW rryaintWeG aH I.:te in tilt apalydamucea, let tuft d2w1kets m Ic Lbe tr+ U". r� t�ae gwttams an q wtlamta rah. bibs ilx+ n a bibs kw tb rren�vru.ro c( Wo. and tie Gt of Mmuaytm Firth dual t rrtpeeta or by Lac uraiaw swig "I tow wtual se►aamt at .urt W%1 trrtteetprwtd ttmewttb but r.+er',ta it* n6h v mace» or dacres" Lew amm at of gay claw w ftar" of tee 1.:.+1. a. tsr► tr d+etsw! srrrwry d eatrd/rt:t III ter G -11MV IA Pbirbr K�tr1r. A3 t..L a-.! M rownparW ►e tit hm2 of tba t)t ww ti PuUm Wocla srunoato 1 t t!u q>za�,.rL•w d .cal W (r drugs. >u.»trt;;tAM rJ wrt:rt.aa lot any Ot iM trthlim br tb C(ty to %W%," perfrrtw- a r dial? In prrr.ttud is arntttattu w,th pra►niaa u( tlz. Ca�l.tnta G+wwrttsuat (.k4, tw.:!!a t'.: A N4 040 to roach wi ao s twist b bit etltaWd at the M'roa e{ tlr IMrwrter 1 F u►'r N' eta, F1r»fnryst i W't. , 2M main tknvi. It -mu" Il.r..-b, Califot- r.u..t.;J tv r"6tt atxf Wed svb t!w City 04vt at 1JW C:.k (inter taw ad /lux A'• t tnrtmt■n Ilwtdtttt. W10 bibs tr!; to :�'tt� A k .tA Fpn1 1. ISKS Sntaotut�wa Hamm. C�aanu d Lot Qyraaa b/ M'"MIUM dOlt!PrAwn of t4• "I,, Cltrr. Ur t%t. Atumwy tat tlrwn d Bier Wrrla or their wAbonttd 1r'.re-1UL,e and it* rewJ4 of acid Ladful vW1 to r"tt6 to the k1ley C.srad of d Pur• zirwo tiout at two tyntnar tttsi6•g to be held an let .►day, t!a t' b I Ai nt 1+N� at UK base rf 1-W I'.M. ►a ter Ctty (.4X4W, l (nixie %ie tb ('rorc i ff—t •d .aid k.'.:t rf ►l..atlA[um ►lath, sad ►4a11 he stud igkv ly m.d City 1 ..nr:l at tAt tr tsar tt+re Itf Aartl 1J, 1!iX1 1 iM ('11v it lttmltqt.+..11a„.e• Cal.tarn,r rekenrs tlw rt�ht Crty 1.f husuprua to rt*t ant cw aU '-,,. alit, t, ar,rpt tau bed deemed ht the h■.e tturrt+oft Hra.!,. %11J.»ru H• «1er .t tin (A) t:-4" ci tLe Cny d Hianik la Ma tt,, ta•,t .r>>a tow Si.n►ralw D, 1'w1. t lil`•f he% 77•. AGENDA ROUTING SLIT' INITIATING DEPARTMENT Public Works Approval of a Contractor for t lH oilx sEruc ton of SUBJECT Traffic Signal Mcdifications at Edwards St. & Warner Ave. CC 636, EES-M019 (005) AGENDA DEADLINE DATE ADri 1 li, 1� o Admin4tntion MEETING DATE Auril. 15, 1965 (I LEGAL DEPARTMENT WITH EXHIBITS I INITIATING DEPARTMENT — REVIEW/APPROVAL By- _ FaUI F, - Cook rfs No 1 1 1 1 Ordinance ( I cxh.aitt [ 1 (1 Resolution (1 Exhibits (I (1 Contrart or Agieement () Exhibits ( I I 1 Financial Impact Statement — Unbudgeted items over S1,000 ( I INSURANCE REQUIRED I 1 I 1 BONDS REQUIRED k.4 ( I RCA (; ADMINISTRATION CITY CLERK FOR AGENDA COMME14TS: PIO 12/W • Firms dame r To the Honorable Mayor and City Council, City of Huntington Beach, California: In ocmpliance with the notice inviting sealed proposals for the furnishing and construction of traffic signal improvements and modifications at the intersection of Warner Avenue and Edwards Street. CC-636 TIES-�1019 (005) , r I hereby propose and agree to enter into a contract to perforr.: the work herein described and to furnish the materials therefore according to the plans, spc.ci-- ficati.ons and special provisions 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 widersigrod has not ac-f-pptcx: any bid : -ar,, x%y suiac-antractor c.- materiaL- an t:.'lrough any bid depository, the :-';_e: rec u.'L tlons of W'Idch p.-Oh It or prevent the contractor fray, caonsl.ac:r:::,: x-.%' bic.1 frtr„ a v k;u1=ntr, ctzr or materiaLrar, which is ;:ot arc eessad :;aid derository, or V:ich oreve nt any suboantractcl.'- or material;ran frcr, who c1~:es nit ase tilE3 facilit-les of or acc:e t bi6s fra-, or tt: 0'.k,,i Su►—ii u:.d Q'epcs;.tzi-j- For the furrushLry of a!: .' abor , r, K'. r.er li11 s a:.l f; i;L i't7Z.:t , 3: I1. or work necessary to deliver all the ir;�ro'.'t�*k'_.'1;:� Ox:plc'�.a 1.41 place formity with the plans, s :cci f iC at ao:. s and sI>y_ Ia �a2-C:ti'i:i lO� S , U:• office of the Director of ?,:b. Wbr?_s , l i ,' G: �1Llrl�.i<<y'toi► �;t'aG�l, propose and agree to take 14:111.1 therefcre at the follcuir- , wit: V`::':i LTNT; ?:ur: NO. Ck vi i '-i Mice' ;': ►;ti «i�::.7 n left tune vc_' licle 1. 15 Each ti 2. 30 ::ach uc:.tY.:t� �t :tc�n:-, 1�:'' ,,�f_�• t ,;., •--ar e"ich . i all l Lrz ._.d� e_n t ai 'A 1-, e In u`k' Cd. _"L.'Lorn:.a, 1 unit prices; to PRICY. '.ZTcti� / I C;llr C':� I''1c,Tu e5, In:t.�il: four tiU0 �•i ii.i'.:�. ]��TlzxTairc�; 3. Taxes I3-3 rr&l F APPRCLKIMhTE %?.rrrEN IN VX)RDS PRICE install traffic signal controller cabinet, poles, wires,, boxes, conduits, sen' Ea. �a�nd�all misc. items ��~����7� �� �=='~=~ � s It is understood and a t the approximate quantiti4piFwt in the foregoing proposal schedule are solely for the purpose of facilitating tie oaTparison of bids and that the contractor's w pensation will be oaglyuted upon the basis of the actual quantities in the cmpleted work, whether they be more or less than those shorn herein at the unit prices bid in the proposal schedule. The undersigned understands the contract tine limit allotted for the contract is 60 working days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begirt work within ten (10) days from the date of approval of the contract by the City of Hunti.ttgt n Beach, California. The undersigned has exwdned carefully the site of the work, contwpl.a.ted, the plans and specifications, and the proposal and contract fonns therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satis- fied as to the conditions to be en=mter©d, as to the character, quality, and scope of work to be perfo=ed, the quantities of materials to be furnizhed, and as to the requirement o-*r: the proposal, plans, specifications, and the contract. Aocacrp~ar ying this proposal is .. .�er= � 1�nci ($ —_ _.. ) . NMCE : Insert the words "Cap.%, " "Certified Check," " or "Bi fader' s Bona , " as the case may be, in an &moment equal b:) at least 10 percent of the total bid price, payable to the City of Huntington Beach. The urdersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Ftantington Beach as liquidated dam qes in case this proposal is accepted by the City and the undersigned shall Eai1 to execute a contract for doing said work and to f n-ni sh good and wafficie.,-it boars in the Form set forth in the specifications and contract docar nts of the City, with surety satisfactory to the City within 10 days after the bidder has recei.ved written notice of the award of the contract; otherwise said security shall be returned to the un:er- signed. Signature of Bidder Business Address Place of Residence —Sf&n nn,_Ca_._-3QL&8r_. Dated this !._ day of r.i1 -- . _ ► 19 $5— Bidder shall signify rex.-•eipt of all Addenda here, if any; Mdendum No. Date Received Bidder's Signature 6 PROPOSED 0 n*'MWICN REQUIRED CP BIMER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Nam: C 2. Address: 9 2 in r 3. TelePhonel- 10-821,-5310 4. Type of firm -individual, partnership, or corporation: Ocitp 5. Corporation a-ganized under the laws of the State of (fin D 6. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Pre 5 -Ag.nt- -54n.14,1M) A I - Withr-A D- V-arr S ia r- r e 5 7. Nwixr of years ex-perienoe as a contractor in ccrLstruction, work: __I 4L_ 8. List at least six projects completed as of recent date: CONIRACT CUOS CF DAM AMOUW WORK CCv1PU= WT., ADDRESS & MtZ NMER W C611M 00 -ppir- Sla J 00 to 0 9. List the name of the person w1ho inspected tar- site of the proposoi work for your. film: �Aarr Date of Inspection: I If requested by t1k! City, the bidder shall furnish a notarized financial statzir-nt, financial diuta, or other information and refererices sufficiently oaTprehensivip. to FA:xtrdt an appraisal of his current finarr-ial cor,0ition. B- 6) DESIGNATION OF SUBCONTRACTORS in compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100--4113 of the Goverrnrnt Code of the State of California, and any amendments thereto, each bidder shall set forth below the namo and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement nt in an amount in excess of one-half (1/2) of one percent (D) of the prime contractor �/s total bid, and shall further set forth the portion of the work which will be done by each subcmntractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subc--ontractor for any rortion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shalt not be permitted to subcontract that portion of the %%urk except tider 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 emergeny.^y or necessity, and then only after- a finding redo:red to writing as a public record of the Legislative Body of the owner. PC .TICS' STA17 LICfA SF --�� CP WORK SUBCONTRAMXDR' S i,iPMAIM ADDRESS i NIPSER ! :.'LASS j By subni ssion of this proposal, the contractor cortif ies : 1, That 1xi is aide to and will perform the balance of all work %-&dch is Ccrnared in the akxve subc.-ontracto4 listing. 2. That L•he City will x f.urnishiad a -)pies of all sui r-contracts enterod into and bonds furnished by si. =ntractor for thi!; project. B--7 W • PROPOSAL_ City of Huntington Beach 2000 Main Street Huntington Beach, CA 926-48 Gentlemen: The undersigned hereby proposes to perform all work for which a contract may be awarded him and to furnish any and all plans, labor services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything therein for the constructiun of traffic signal improvements and modifications at the intersection of Edwards Stree; and Warner Avenue, (bid iterns are included in the "laid Proposal" section of t;aese specifications) as specifically set forth in documents entitled: For Construction of Traffic Signal Improvements at Edwards Street and "darner Avenue; (CC-636 - HES4.1019 (005)) together with appurtenances thereto, all as set forth on the drawings and in the specifications and other contract documents; and he further proposes and agrees that if this proposal is accepted, he will contract in the form and manner stipulated to perform all the work called for by drawings, specifications and other contract documents, and to complete all such work in strict conformity therewith within the time limits set forth in the Bid Sheet(s) forming a part hereof. A *Cashier Check 'Cert if ied Check "Bid Bond properly made payable to: City of Huntington Beath hereinafter designed as the Owner, for the sum of dollars ($ , which amount is not less than 10 percent of the total arnount of this hid, is attr,ched hereto and is given as a guarantee: that the undersigned will execute the Agreement arM furnish the regtaired bonds if awarded the contract and, in case failure to do so within the time provided, the *proceeds of said check shall be forfeited to the Hwner *Sureties liability to the Owner for forfeiture of the face arnount of the Mond shAl be considered as established. It is under:.t.00d and aqreod that: 1. The undersigned has carefully examined all the ccuitrract documents rihich will form a part of the contract; nrarnely, Notice Inviting Bio!t , the accepted Proposal, the Did Sheet(s), the List of Sutrccr,1trar:tors, the t,►d Security Form for check or bond, the Agreerrrent, the Faithful Performance Bond, the Payment Bond, the Non -Collusion Affidavits, the Certification with regard to the performance of previous Contracts, the Guar,,, '.\, tht Special Prw i:iinns, the (flans, the Standard Plans, dart Standard SpeUtftcaLions of Lhe California (.)t-,a,artn►ent of Transportation, dated July-, 1984 and all additions, deletions, rnodif r: atiuns and rippriidices and all addenda as prepared prior to the date of trio opening settint, 'urth any modtfictatior,s or interpiotration of any said documents. 2. The undersignea has by invustty•atiun tit Inn srtt� of the work and otherwise satisfied himself as to the nr:ture' and location of the wui;, and h,rs fu';, inforr;led hirnsvif as to all cormitions and rnartter:; whictr can in any way ciffert the: ,vor� or the cost. thereof; C-I 3. The undersigned fully understands the scope of the work and has checked carefully all words and figures inserted in this proposal and he further understands that the Owner, will In no way be responsible for any errors or omissions in the preparation of this proposal; 4. The undersigned understands the contract time limit allotted for the contract is 60 working days. S. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without colluslor, with any other person, firm, or corporation and in submitting this proposal, the undersigned bidder agrees that if it is determined that lie is the successful bidder, he will execute the non -collusion affidavit required by the Federal requirements set forth under Section 6 of these special probisions. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in the Department of Transportation publication entitled General Prevailing Wage gates, which is a part of the contract shall be posted by the Contractor at a prominent place at the site of the work. The prevailing wage rates to be posted at the job site will be furnished by the Department. If there is a difference in the inininium wage rate pre -determined by the Secretary of Labor and the prevailing wage rates determined by the Director of Industrial Relations, for similar classifications of labor, the rontractor 7,nd nis subcontractors shall pay not less than the highest wage rate. If awarded the contract., the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the data of approval of the contract by the City of Huntington Beach, California. The undersiyned has examined the location of the proposed work and is familizr with the plans, specifications and special provisions and the local conditions at the place where the work is to be done. Accompanying this proposal is 31AAlm-, Bn UA (NOTICE: Insert the words cash, cashier's check, certified check, or bidder's bond, as the case nia), be). Business ,address 6''_ ,1c ,., , Place of Residence I-12t'fl rm_CrL, I;pteri this —�rd c+�:.y of 3pri119-E-5- C:-2 Signature at Bidder General POWER NO. 80-01 r .� Power .8hio Farmers Insurance Co. of Attorney CERTIFIED COPY Westfield Center, Ohio Know All Alen by These Presents. That OHIO FARMERS INSURANCE COMPANY, a corporation duly organised and existing under the laws of I he Stale of Ohio, and having its principal office in W%Velclp a l.ar,BE11?6n aunty, Ohio, does by these presents make, constitute ,,nd appoint of SANTA. ANA and State of CAL IFORN I A its true and lawful Atto►ney(s)-in-Fact with full power and authority hereby conferred in Its name. place and stead, to execute, acknowledge and deliver ANY AND .ALL BONDS., RECOGN I ZA110ES , .. UNDERTAKINGS,. OR O'rHER. INSTRUMENTS OR. CONTRACTS OF SURETYSHIP. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, seated with the corporate seal of the Corr+: any and duly attested by its Secretary, hereby rat t ding and confi►miiiq all that the said Atiorney(s)'in-Fact may Co in the premises. Said appointment is made under and by authority0f the following iesolutions adopted by the Board of 0trectors of the Ohio Farmers Insurance Company- 'Be If Pe:olved that the President, any Vice -President, any Secretary or any As3islant Secretary shall be an,j is hereby vested with full p:.ver and atJlhorily to appoint any one or more suitabfif persons as Attorney(s1•in•Fnct to tepresent and act for And on behalf of the Company. Subiecttothe follo vingprovisions ' SitiCrion t Arrcrney-!n-Fact Attorney -in -Fact may be given full power and authority for and in the name of and on behdlf of the Ccrrpiny, to execute. ackno-Aiedge and deliver. any and all bonus. .ecognitances. contracts agreements of indcmftity and other conditional or obligatory ^C"rta• trigs and any and all notices and documents canceling or termirating the Company S liability thereunder, an0 any such instruments so executed by any such Attorney-in-Fict shall be as binding upon tt•e Co,rpany as 0 s-gned by t'le President and sealed and attested by the Cor- ;t rate Secre'3rr " (Adopted at a meeting held on the 3rd day of July, t 957 'Be it q?cCf.ed. Inal the po-6er and aut'ionty to appoint Attorney (S)•in•Fact granted to Curia?n c'ficers by a resolul'on of this Board on the aid C]/ C! ,U:v 1957. is hereriy also granted to any Ass-stanl Vice -President ' ;Adopted at a met•ling, held on 'he 13th day of July, 1976 t In W.!nets W.'+r•rPUt. ON,O FARMERS INSURANCE COMPANYhas t.aused these presents to be signed by its ASST. VICE PRESIDENT and,ts cc•7cra!e Alto :.'e nereto affixed ttit{ 28 th day of •JANUARY 0 1080. OHiCG F ".t- AERS INSURANCE COMPANY Mate of CALIF0;-,,;Ire 1 L�'?-5 G. GPrAHAM, ,JR,, ASS ISTANi 'DICE "');int r of 0R;`1;GE ; ss PRESIDENT Or, this it'1 :ayol J"i'UAPY A U �fr.0? 19 � t:P'orPon7 1C3,i+ LOUIS G. GRAHAM, JR. t )-e xnov-^ ..nc heirq b, ^ e Cui� sworn. did deprsP and s11y. lhat he resldeS in SAN'T A At4A tn7t he is ASST , VICE PRES I DENS of Gt4l0' Fa-'.4ER; INSURA "+CE COMPANY, the com; Any described in and .%n,ch e>,ecuted t''P 8t' o,,P instrun•ent teat he knows the seal of said Cor,p3nt 1' t^P SPA, Affi•r..: to Said milrumrnt is su,_n corporate seal that it was So affixed b> ord9r of trip Board of DireCters of said Company, and that re Sig •'.fi h'S name I1,41tet0 pyt,�WOkStn1 • • + • • r • . • . • e • • • • • • • . • f, i i , t,� ;z,` jt_.�l tti_ L /•r'r 1` f<.:lc. State of CALIFORNIrA•••a•••••'tii,•••••ee•••r••�••eo• County of ORANGE ; ss CERTIFIC;a TE I. JOHN W. CCMSES %SSISTANT s' c'ptaryelttPnH10FI'.n1-+Ef15ir4SURAr;C'F('gll.+vAfi1 ',nrNby certify Ihst try abo-e 4-1 fpre•loinr, is a lrue and C ••r,Cl co["r I a power of Atlgmey P*eculed by S,1-'' Cor"Vany. whirti iS S114 ,n tUii it? Ara e!flcl, and turlherr^.Ore the rCSJ�uliCrt: C1 t`1R ��r~. "' ^irCCfr)t! lelout in the L):)wer of Atlofn••v are in full 1�+ -nand •ffert 1r1 Witness wieroot I ha.!! hereu^lo Set m eland 7n11 affixed 1^e SPdI of Said C n ' d Center 1, this t' y pjnpa yat1�PSL�ni ( ,.• clay of APR 11. A p , 198 ASSISTANT r-p-'Peary 9Q 5410 C (Rwv 2.77) �` In5urance Co. Westfield Center, Ohio 4425 Payment Bond - California Public Work Pflf•:t•ll lr!•i I IvC'!.t)ff:1) l fi 111-10 011" ANC1'. BOND. Bond No. -.4 _i 9..:'. _... - KNOW ALL MEN BY THESE PRESENTS, that I3AX'I'I:It-GIt I F F I N CO., INC. as Principal, and the OHIO FARMERS INSURANCE COMPANY, a Ohio corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF II UNT I NGTON BEACH as Obligee,inthesumof I'C►RTY'-'i'fiI?I•E THOUSAND SEVEIN HUNDRED EIGHTY AND NO/1.00 Dollars ($ 4 3 , 780 . 00 ) for which sum we bind uurselves. our heirs, executors, administrators, successors and assigns, jointly and severally by these presen, s. THE CONDITION of the above obligation is such !hat, Whereas the Principal on the day of 19 , entered into a contract with the Obligee for MODIFICATION OF TRA17 IC SIGNALS AT 11ARNER ANI) I•:111ARDS ' NOW, THEREFORE, if the above bounded Principal or h!5 suhC 0ntraCt;.►I;, fail to pay any of the persons named in Section 318' of the Civil Code of the State of California, Or amounts ducal under the Unemployment tn- surance Code with respect to work or labor performed by any such claimant, the Surety will [My for the sitime, in an amour,' not exceeding th" SUM sp(,crfred in thlE: bond. jtnd also, r(l Cese salt it. t,>rc,,uclht upon this bond, a rea- sonable atforney's fee, to be fixed by ihe.:nurt Th,S bond shall inure to the honefit of 4-my and all pers::)ns, cornt)t►nies or coworations entitled to file claims under Section 3181 of the Civil Code of the Sate of California so cis to give a right of :► "tion to th• irn or their assigns in any sort brought upon t',is helm: Signed and sealed this .'. `- t h 11 (Jay of ... .' I I, 1q L1%:`:'Iir'.-VI:1L'i iN._._Ct1.... iI1C_----.... ....— Michaci D. Kerr Sec/Tres Principal By 1 OMPANY )r IIti - n-Fac I !r STATE OF CALIFOMIA COUNTY OF Orange o•• •�•�'•�Il�j••••Sjj1�'4t'P0•�•♦4 • ,�crft•t.:lStAl 4 JANE T E. MILLER " j "IOTAPY PUBLIC CALIFORNIA • , 4 :f••�f x pREPIGE Ct'U"'TY ss. On this --V- 26th day of April �,- in the year 19.85 before me, the undersigned, a Notary Pubic in and for saia State, personally appeared --Miohaei D. Kerr persona!ly known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on bet.alf of the Corporation therein named, and acknowledged to me that the Corporation executed it 1r e � wCbmrrtur,,a Esptrts June 17. 1995 � �"�ITNFSS my hand and o1fi; r,tl ,c "I 11 �r000���+l�i000��e000�v'�roceo r 4ameL .Fa.._ ri'Mari Put:!ic in and fir said Stale STATE OF CA1.11'Pilt, COU14TYOF . Orange 1 1. jia �.•♦A41104t•nf �t 0y�o�•aoe'ib� 4. of rx •o.���eeree r•ti o oaor•000f0 Or, In.. 2.6th ; i, r' April . in the year ty._g5 t OC,'f' T1f.' r l.11i' ; In ,111(', f'i' sdrd Stale. Pelsorlally ,appeared Michael U. Karr personally known to me 10' IiTM'd 1J '"t• (-"r' rnP l'd,i'• ('1 ),1:.S!,,c: " ('oCencei Ic. t)e Ine person who executed tha W;l.'idl rncr'rUT'.f" �I c.9 tit'!!.1 t Gf 'f',' n3rnpa. and ac�noY+'ledged to me that fht' ft)r;:,;•,1rl.;.r; �'•c'CUf!'i: ,. 1iP'd', Flit;' c in and for ,ud date ACKNOWLEDGMENT OF SURETY STATE OF CAL IFORN.1A m COUNTY OF 0RANGE On this 2 5 t h day of J. E. Ji.RNIGAtJ J. F. J t NICIAN W1 Le wurc.�..wra//,M I 85 t)efor,e rne, a n,)tary public, personally appeared UA'.'I D A. BFINDFR pegs(.-vill.' kno�;:n to rt)e for proved to me or. the basis of saiisf,3ctory evioence! to her ttl«r i3tt!lrney-in },3r.t c)f Ohin F arrner� Irl •Hance Company of tiVf stfifrlrj Center, Ohio, who tick lov,le'.(jged that the !)o,II riff i-f'd:.7 tn«' 3ttacnod instrlimi tit 'j1e Cr)rporate Selil of sitld Corporation. that 5i31,7 instrumorit wds sigr-wd till.; r)n n,'h,jlf Of 5,31;t (7-ort ''nil t)'r i3(itnority of Its Board of [)ir('Ct )IS i3rlCi th'it h(• _!KfrClil"(j S-3irj mstruili''ni ,I`, Sll�'ll ;tttornt'y-,rl•f,,Ct .3r',,; ' Prot, ict xid deed of said Corporation „ STATE OF COON i Y OF, On this, (VION, Sir ACKNOWLE DGMEN'r OF SURETY CA1 I, 1 t' I t I'. I iI r 1 l:n.�.wac.c..i..w r►a�rwivw,••rr,w.rwN�„yy�j I rl ?t.lr',, pt11'•iil' tlt'f III j :,OIle,jrf'!1 I)A%*I f) A. HFIii)I.E t,.'r':,ttl,:ll, G,t)')v,n t'; r'i•' ;,'r Ilrlr;f tt t onthebasiso}S•3tiSt;jcit)ryf'Y1'lt'nl'f'1t F;trills•i:;IrlSllr•3t'•t'r'(.'!itlpc!I)y(,1}VJfrst}If'id Center. Ohio, whr) that th'. So' it .If fr v i,,j t) th- ,311.1 ht.d jn1 ,11 iirlit•r)t i,`; the Co, f oriite Swalof sald Corporation. mat ,iuU m5t►(lrnen1 w,lt, ,Inr1 '.t',31t' 1 ,)rl t.''n.ilf of ,„wj l )►t)c)r,3tiOn by mithorily of its Board of Directr. t S trld tb,it tit'; a t'l;(itt'(i " f, t Irl`,1r tt1T1•'flt ,I �•',tl,a) ,I tt'jl r!f.'Y-iIl'1tIC1 ilntf ij`, thf-' free act ,inn oi�t (d of said Corporittirrn ' �' t r'�F` tI • v0 ,3 f (1 ) I 0 l' i.� 1n5uran%^1..e Co. Westfield Center, Ohio 44251 Performance Bond - California Public Work Bond No. 9 "? -; 6 Premium $ 30.', . 00 KNOW ALL MEN BY THESE PRESENTS: That we, BARTER-GRIF:'IN CO., INC. a CALIFORNIA CORPOUTION as Principal, and OHIO FARMERS INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto C ITY Or' HUNTINGTON BEACH as Obligee, in the sum of EIGHTY-SEVEN THC ' NJ) Y J VE HUNDRED SIXTY AND NO; 100------------------------------- -------------.--------------- Dollars, ($ 87 , 560.00 ) for the payment whereof well and truly to be made, said Prin- cipal and Surety bind themselves, their heirs, executors, administrators, successors. and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT WHEREAS, the above bounded Principal has entered into a contract dated with the said Obligee to do and perform the following work, to -wit ; ,01) I I' I CATION 01 TRAF I'I C IGNJALS AT I.-JARNIEP AM-, I:P>,•:AM)S as will more fully appear from said contract, reference to which is hereby made. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void, otherwise to remain in full force and effect. No right of action shall accrue under this So,nd to or for the use of any person other than the Obligee named herein. Signed and sealed this 2 5 t h day of C%� Witness: .. --~' ... ... . xj.cr�Cr1.I �D rIf1L pal Micr�nel D. Ker ;;ec/Tres E!D 5752 Calif O o rme a1nrbur nc; �(�� tto�''r a -in Fi PAV Y U 11. EiEt1UE;f� mpeny General POWER NO. 80-01 Po•eler of Attorney thlo Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents. That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office in We Wolf Cepter. MVjI ?, County. Ohio. does by these presents make, constitute and appoint of SANTA. ANA . .... .... . and State of . CA.L L ORN I A ... its true and Iawfr:I Attorneys) -in -Fact. with full power and authority hereby conferred in its name, place and stead, to execute. acknowledge and deliver ANY. AND. ALL. -BONDS, RECOGNIZANCES, UNDERTAKINGS,..OR . OTHER..INSTRUMENTS . OR. CONTRACTS- OF . SURETYSHIP .. . and to bind the Company tnereoy as fully ana to the same extent as it such bonds were signed by the President. sealed with the co►por;fe seal of tnn Company and duty attested by its Secretary. hereby ratifying and confirming all that the said Attorney (s) -in -Fact may do in the prer.lises. Said appointment ij mace under and by authority of the following resolutions adopted by the Boltrd of Directors of trio, O!:ro Farmers Insurance Company: -,So It Resolved. that the President, nr•v Vice-president, any Secretary or any Assistant Secretary shall bz and is hereby vested with full peer and aut irity to appoint anyone oe more suitable t erson3 as Atto►ney(s)-In-Fact to represent and act for and on behalf of ;he Company, subject to the following provisions "Section I. Attorney -in -Fact Attorney -in -Fact may be given full power and authority for and in the name of and an behalf of the Company. to f xtCute. acknowledge and deliver, any and all bonds. recognizarces. Contracts. agreements of r idemn,ty, and otrier rondit+onal or obligatory uncertakings and any and all notices and documents canceling or tttrminating the Company'; liabiiri r thereunder, and any such instruments so executed by any such Allorneyan-Fact shalt be as binding upon Ine, Company as if signed by the President rind sewed and attested by the Cor- porate Secretary " (Adopted at a meeting held on the 3rd day of July, 1917 "Be It Pesof.ed. that tftw power cric authority to appoint Attorneyr3!-,n•=act granted to certain officers by a rescital,on of this Board an the 3rd day of Duty. 1957. s hereby also granted to any Assistant Vice•Presiaent (Adopted at a meeting held on the 13th day of July, 1976 ) In W,tr-ess Where,71'. CHID FARMERS INSURANCE COMPANY has caused these presents to re siynso by its ASST. VICE PRESIDENT , -xnd its corporate seat to be hereto allixed this Za t h day of JANUAR Y A D. 1980 OHIO FARMERS INSURANCE /COMPANY 13 State of CALIFORNIA � LO'SS G. GRAH>a,'11., JR., .ASSIS�r�'T VICE County of ORANGE ss PRESIDENT On this 4.8th dayot ,i�TiUARY a D .19 80 Crroremece'sonai.ycarre LOUIS G .. GP.APAM JR fomeknoti.n who being0 meduty sworn. did depose and say. thatheres,or•sin SAtIrA A N A fhatrels ASjT, VICE kESIDEN- of OHIO FARMEP,5 INSURANCE COMPANY• the company described in and which e,ecuted this above instrurrent !ha! he knows the seat of said Company, the seal affixed to said instrumorif is su.fi cc•pora!e seat. tear it was so at!iied by order of the BOirrd of Directors of said Company, and that he signed his name thereto 011t WV4cIn1 • • a • • + • • . • • r • • •' e • 1'-, ,•.. ' . i tip 1 I .. . stir... �, ���'eZ %i i.�x�.{tt� • 1 ) �.Or ;.-r Notary Public County al !'y �r,--rs;� :, E.P,,r, 1,� _ � � t • State ar _CALIFORNIAORANGE .••.�•s•� :•�•.....•.•.. �..•..•. ) CERTIFICATE 1,-JOHIN W. COMBES ASSISTANT' Secretary Of the OHIO FAR►JEF-SINSURANCECO'APANY dahereby ceni!y chat the above and foreoving is a true and correct copy of a power of Attorney. e.ecuted by said Company, ,vr.-ch is stilt in fut! ►orce and effect: and furthermore. the ►esoiu-ions of the Board of Directors, set out in the power of Attorney are in full force and effect In WitrieSS Wherecf, I Rave hereunto set my hand and aftixpy the seal of sold CParty at Westfield Center, Ohio. thii 2 5. -1 ti t rr 1I dayot ..... AP.R,IL..... ...... A D. 198 l 00 5410 C (Rev 2.71t) ASSISTANT Secret*" C�I,�ul IILA IaInM,011n 11..%r1t ( o, Alli�:vwv to Gall Hutton, f;lt•,r Atturn��Y '' till' I'M CITY OF HUNTINGTON BLACF', CALIFORNIA ►lunurwlon Hltu:h. CA 916411 fly. M r I (.ul,v Iu tiI. 81`141941" a to •upror• A MUNICIPAI CORPORATION Ihis It to certify that the poi,eies of Insurance as described 'below have been isst:ad to the Insured by the undwrslgneti and a-e In force at this time. 11 these policies are cancelled or changed In such a manner that will aff:et this certificate, the Insurance company agrees to givy 10 days prior wimon notice, by mail, to Oty of Huntington Beach P. 0. Box 711. Huntington Beach, California 92648 ALf ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE Or i HE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING B t' THE CITY ATTORNEY Name of Insured BAXTEH-GRIFFINCO. t INC. 8210 Monroe Street - Stanton, Ca. 90680 Andress of Insured Location of Work or Operations to be performed Warner' J Edwnrds - City of Huntington Beach Description of Work or Operations Traffic Signal Work - Project IIHES-N-019 (005) CC-636 POLICIESINFORCE POLICY NO. GENERAL LIABILITY KX COMPREHENSIVE FORM 73SM003746- KX FRrMISES.OPERATIONS 0002! XX EXPLOSION AND cnlLAPSL HAZARD r'l XX UNDERGROUND HAZARt)- K.X PRODUCTS COMPL"TED OPERATIONSj:ALARD XX CONTSIbAFTUAL --3iiURANCE BROAD FORM PROPERTY DAMAGE XX INDEPENDENT CONTRACTORS XX PERSONAL INJURY AUTOMOBILE LIABILITY XX COMPREHENSIVE FORM 73BA003746- XX OWNED 0001 KA HIRED XX :vON•OWNED }� EXCE:S LIABILITY X� UMBRELLA FORM 73CU003746- ( I OTHER THAN 0003 UMBRELLA FORM POLICY DATES Ellecti"s I Fxpir+ltion 1/29/85 11/29/86 1/29/85 11/29/86 1/29/85 11/29/86 LIMITS OF LIABILITY' NAME OF COMPANY In Thousands 1000) 1 ( INS.) s 300, CSL,i NATIONWIDE INS. roll Each Occurance S500, CSL Each Oeceranee S2, 011n I NATIONWIDE INS. CO. NATIONWIDE INS. CO. WORKERS' COMPENSATION 73WC003746- 1/1/85 1/1; 86 STATUTORY I NATIONWIDE INS. CO. and 0004 FMPLOYERS' LIABILITY Additional Insured Endorsement The Insurer agrees that the City of Huntington Beach and its City Council, and/or a!I City Council appointed groups, committees, commissions, boards and any other City Council appointed hody, and/or elective and appointive officers, servants or employees of the City of Hunting,.on Beach, when acting as such are additiona! insureds hereunder, for this acts of the insu-ed, and ,ach insurance shall be: primary to any insurance of the City of Huntington Beach, as their interest may appear. Date t�/ 18/86 gb AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY NATIONWIDE INS. CO. By SCOT L. SMITH Nam. 1845 ORANGEWOOD AVE. Address _2ni F.- sinin t!ITF Al - , S7F 24n A`sd"t' SAN to ANA CA City ORANGE, CA 92687 City _ .. Telev►.one (714) 432-6022 HOLD HARMLESS AGREEMENT Baxter -Griffin Co. , Inc. Ito be executed by imured) The insv-ed ' _ , agrees to protect, defend, indemnity, save, and hold harmless the City of Huntington Beach its officers, agents, 4nd employees against any liability, loss, damage, eo.t, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any sutheontractor or by any third party arising out of of In consequence of the performance of LI o a operations or activity for which this certificate of insurance is furnished. ' (t) Sole ProFrietonhip 12) Partnership (3) ) Othar Ittata) HOLD HARI& ESS SIGNED: fly InsAwed: ,tie —Sac% es hJchael D. Kerr reel Mach u9natuse 17 ,IN Corporation, TWO Officers must sign, or present evidence of authorization to bi d Corporation.