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Home My WebLink AboutDBX, INC. - 1996-07-01PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen. of the United States and a resident of the County aforesaid; i am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: February 29, 1996 March 7, 1996 March 14, 1996 declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 14, 199 6 at Costa Mesa, California. -1, 44 Signature PUBLIC NOTICE The AGENCY wi;l deduct - a 10% retention from all , SECTION A progress payments. The ' NOTICE INVITING Contractor may stlbslitute SEALED SIDS an escrow holder surely of equal value to the r, :en;:ori for the in accordance with the pro. TRAFFIC SIGNAL visions of the California MODIFICATION Govern Mont Code, Section at 4590. Tne Contractor shall PACIFIC COAST be beneScial cwner of the. HIGHWAYAND s rroty ano snall receive any interest thereon. WARNER AVENUE The AGENCY heteby of. CASH CONTRACT . firmatively ensures'that rr.l. No. 1012 nority business enterprises In the will be afforded fu!I Op. CITY OF portun:ty to submit c;as in HUNTINGTON BEACH response to this notice and I PUBLIC NOTICE IS will not be discriminated HEREBY GIVEN that Iho I against on the basis of CITY OF HUNT;NGTON. race, color, national origin, , BEM-rl, AGENCY,:- in. ancestry, sex, or religion In .as viles sea'c� b'ds for the .any consideration'loadmg to the award ct contract. aCpve stated projects and w:11 receive such bids in No bid shall be consid• the office of the City Clerk, ered unless it Is prepared Second Roof. 2000 Nlain on the approved Proposal forms in conformance %vith Si.oet, Hin!'r.g!c•1 Beach. California 92646. up -to the the Instructions to Bidders. - nour ct 2:00 p.m - on Mwch The bid _must be .ac- 26, 1996. Bids wi!1 be pub• companied by a certified check, cashier's check, or !icly open in the Council Chambers unless other- . bidder's bond made pay. ,;SO polled. i able to the AGENCY, for an i amount no lass than 10% Ccpias of the Plans. Spocifica:ions and contract Of thb. amount bid. The documents are available successful bidder shall be licensed in accordance from tnQ O_ ;lice of the Di- with provisions of the Bull. rectbr of Pubic Worxs. 2000 tea..n S!raet, Hunting. Hass and Professions Code ton Bosch,-CA-92648, upon land sha.l possess a State Contractor's License Class payment of a S20.00 rionre- fundable fee if picked up, 1 at the time of the bid open - ing. Con- or payment of a S25.00 .The successful nonrofundable fee if tractor and his subcontrac- mailed,- :ors V. be req„red to pos• Any contract entered info less business' licenses pursuant to this notice will from the AGENCY. The AGENCY reserves the incorporate the provisions Of the Stato Labor Code. Iright to raject -any or a!I ' Pursuant, to the provisions `bids, to wave any irregular• cf the Labor Code of.tno ity and. to take a;1 b.ds Stwo of California, the min. I under advisement for a maximum period of 60 imum prevailing rate of par diem wages for each craft, I days. - _ • . ___ --__f classification or tyre .of BY ORDER of the C;TY 'workman needed -to ex. tr ecu:e the conact shall be _ COUNCI:. of the CITY C�F i those' determ:red by trio _ HUNTINGTON BEACH, . CAUFORNIA, the'20tn day Director of Industrial Rela- lions of the State of Caiitos- of February, t996. = Pia. which are on file at the Attest: Connie Brock• Attest. of tno Director of way, CITY CLERK OF , PxAc Works, 2000 fda;n THE CITY OF HUN- Street, Huntington Beach, TINGTON BEACH, I CA 92648. Published Hunlinglori BQacn-Fountain Valley Ir,• Dependent Feoriary 29, : ;:larch 7. 14, 1996. C25.107 - J1 NUNnNcroM BEACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION 9 TO: THQSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 1C°C Rb. ETENTION U NATION PAYME�x � r The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. WILLELLA, Director of Finance I certify that no stop notices are on He on the subject at this time. Date: --e— , I Z;p (Vt/LES JO E , Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. 1 ��_ Date: CONNIE BROCKWA , City Clerk I certify that there are no outstanding invoices on file. Date: 04 Q -? AA I ENRICH, City Treasurer Pli IF. I m 0011042.01 07/18/96 10:46 AM 1 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-1012, Pacific Coast Hwy & Warner Ave. Traffic Aigna7 _ Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work perfonned by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. J" ---) \<-,L� Pre-sident ature and Title g:cz --ashcorsl DECLARATION OF SATISFACTION OF CLAIMS I, Jim Perry, President~ , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled PCH & Warner Traffic Signal and dated 3/18/97 2. All «orkers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, wl- ich have been filed under the provisions of the statutes of the State of California: (if none, state "-NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at Temecula, CA on this 18 day of March , 199X7 ianarare of Contractor) gxc'cashcon2 J Recorded in the County or orange. catifornla Gary L. Granville. C1erK/Recorder I'i11�.1'! 111'i1',1!i111!ii IIiiI11'i1! iil'i� I11111111' !!I!1.11'�1' ��I!i I11� No Fee WHEN RECORDED MAIL TO: 1997076108 1 O ; 41 am 04/ 17/97 CITY OF HUNTINGTON BEACH 005 20010978 20 33 Office of the City, Clerk N 12 1 7.00 0.00 0.00 0 .00 0 .00 0.00 P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to D.B.X. Inc„ who was the comparry thereon for doing the following work to -wit: Pacific Coast Highway At Warner Traffic Signal; CC-1012 1P V That said work was completed April 7, 1997 by said company according to plans and specifications and to j u, the satisfaction of the City Engineer of the Citv of Huntington Beach and that said work was accepted by `r the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 7, 1997. That upon said contract Continental Casualty Company «vas surely for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 9th day of April, 1997. City Clerk and ex-officio Clerk of the City Council of the City- of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) t, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City. of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City. Council. Dated at Huntington Beach, California, this 9th day of April, 1997. ��rrrs�aC. City Clerk and ex -off cio Clerk of the City. Council of the City. of Huntington Beach; California &: followup'nscplgs Tax -Exempt -Government Agency CITY OF HUNTiNGTON BEACH Gorinie Brockway, CMC Glfollo��vp/ccnac Cary Clerk puty City Clerk This document Is solely for the Official bunerm of the City Of H�.:.; in: �or� .u;,, _ _, as contem— plated ,._:.:er Qovo;-n -.:ant Code See. 6103 and Should hi7-:recQe ded Xre e of, ct,aw &e. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 9, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/jc Enclosure: Notice of Completion - D.B.X. Inc. - CC-1012 I7elephone:714.536.5227) WHEN RECORDED MAIL. TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 1vOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to D.B.X. Inc„ who was the company thereon for doing the following work to -wit: Pacific Coast Highway At Warner Traffic Signal; CC-1012 That said work was completed April 7, 1997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 7, 1997. That upon said contract Continental Casualty Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 9th day of April, 1997- City Clerk and ex-officio Clerk` of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach } I, CONNIE BROCKWAY, the duly Owed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 9th day of April, 1997. -, Cite Clerk and ex-offeia Clerk of the City Council of the City of Huntington Beach, California g:1ro»o1AvP!MCP)gs Tax- exempt-Governrt}ent Agency CITY OF HUNTINGTON BEACH This document In solely for the Connie Brockway, Cmc official bi:9inos3 of the City G/fotloN4uQfccnoc City Clark of Eiur:tir--tc t �. :s Conte — By, rl_. atod ut-w- C ;; : r::,:� �t Code puty City Clerk ec. 61.03 and s;:aald hyi-`mcoa+3ed Free of ci,ax&ee_ MAR-1S-19S7 ee,o? FRCM CALTRAN LF FALMF OFF �E 70 3741573 P.C.! STATE OF CALIFORNIA • pf:PARTMENT 0= TRA,y59101"t7ATION COMPLETION NOTICE TR 0 129 (Rev. 1;921 PATE %VCRK COWLS—: EC PenmiT NVId9ER ROUTE TO: t b st:;ct Perr',t DN ce arp CcCr "•Ian;enance" } Z 2) D+stric! Accounting Off ce for pilling -- r'q•:) I C,sr c,�:I�TFroM 3) Copy to local agency for agreement work PERMIT . E NAME NAME. INTERSECTION. ETC. DESC A PIIUK,4FlWDJgx INSpECTOR'g CCMIUNT PER}AIT STAFF OTµEp GALT�ANS UNI'"$ ACTUAL IN15PECnON HOURS (Nor !tu piling purpo685j O Work is not complow this notice is --tr progress buttng on.y. PERMIT INSPECTOR I CERTIFlGA"f10N Ci" o the be$1 of my knowledge, wom was completed In accordance with permit Wuirementg_ REVIEW INSPECTION FIELD WORK AGRE0JENT WORK EA BILLING (For Permit Office use) YES NO _j a :1 0 0 J VIES NO PROGRESS MILL �j 0 PERMIT COMPLETED 0 1:1 FINAL BILL RELEASE BOND 0 0 RELEASE CASH UEPOSIT ❑ 0 OTHER (Describe below.) 0 0 C91 0083 HOURS Close 1119 _Iq_ A. Amount GaAected ----------_--_-. $ (A) B. Review Cost ............................ $-. By C. Inspection Cost --------------- --------- D. Field Work Cost ....................... $ (o) Q BILL [(B+•C*D)—Aj ................... $- 0 REFUND Permit was denied or cancelled prior to construction. Refund unexpended fees br permit type- AS (A—B) . . ............ $ Set tree (C) ............................. TOTPL F.O1 23/20/97 14:J1 TFAW SPECIAL DISTRICT a 97.741571 N0.113 P032 County of Orange Public Facilities & Resources Department �4 John W. Sibley, Director MAR Z 0 997 Jtm Ottermon, Traffic Engineer City of Huntington Beach 200C Main Street H;sr:tingtor. Beach, CA 92648 S:ibiecz: Traffic signal and Roadway improvemcnts at Pacific Coast Highway and warner Avenue (Agreeme--it D94-;,58) Aear Mr. OttB_son: we would like to express our appreciation for taking the Iead in the nodificatior: and construction of the traffic s4c-nal and road improvements at the intersection of Pa_ific Coast Highway and warner Avenue. :he improvements are c.mp=ete and satisfactory to the County. we e>-.Dect to see marked improvements in traffic and pedestriar. flow at a location has needed improvements For numerous years. We hope additional projects which involve o"r aaen:.ies in the future will he as productive as this one. •a Traffic Enc_zeering LVA-wb 7032011054963 cc: Eric C.'larlonne, City of Huntingto_. Beach jc1m W. Sibley, PF&RD W- L. Zaun, PFr RZ LOCATION: MAILING ADDRESS INFORMA710N. 3M N. FLOWER 5T. P.O- BOX 4CAB (714) 834-230C SANTA ANA, CAUFORNA SAh.A ANA, CA S_707-4U& FAX# 434-5199 IP Q 97 R�Ihlb Council/Agency Meeting Held: `f 97 bca.10 A6 Deferred/Continued to: Approved �7 C ndikionall Approve ❑Denied City Clerk's ignature Council Meeting Date: April 7, 1997 Department ID Number: PW 96-064 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS � s SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator_rn C, � 7- � `LES L� .T -fir-gym "-Xo PREPARED BY: M. JONES II, Director of Public Works o -, T SUBJECT: Pacific Coast Highway At Warner Avenue Traffic Signal; C(�4. 01-2, Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, EnvironWentpi Status, Statement of Issue: DBX; Inc., has completed its contract for the construction of the Pacific Coast Highway at Warner Avenue Traffic Signal. Fundinq Source: Sufficient Funds were authorized for this project. Recommended Action: Accept the improvements of the Pacific Coast Highway at Warner Avenue Traffic Signal Project at a final cost of $222,590.29 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Actions : None. REQUEST FOR COUNCIL ACTION MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: PW 96-064 Analysis: On July 1, 1996, Council awarded a contract to DBX, Inc,. in the amount of $214,790. The adopted contract budget also included $21,479 to cover anticipated change orders and $13,731 for Supplemental Expenses, for a total of $250,000 to construct the Pacific Coast Highway at Warner Avenue Traffic Signal. Construction of the improvements is now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: Council_ Approved Actual Expenditures 1. Contract Amount: $214,790.00 $222,590.29* 2. -Change orders: 21,479.00 0.00 Subtotal: 236,269.00 $222,590.29 3. Supplemental Expenses: 13,731.00 482.50 Total: 250, 000.00 $223, 072.79 No change orders were issued for this project. * Additional quantities for asphalt placement and excavation were the primary reason for an increase of the actual expenditures. Environmental Status: Not applicable. Attachment[s]: 1. Caltrans Completion Notice 2. County of Orange Acceptance Letter LMJ:ERC:sar 0024296.01 -2- 03/21/97 8:41 AM i I have received Maintenance Bond No. 158241518 Re: Pacific Coast Highway At Warner Traffic Signal - Cash Contract No. 1012. Dated: �2 L�F � 2w,"41i II'IR-4 ,. . m m W CNA INSURANCE COMPANIES BOND #158241516 MAINTENANCE BOND KNOW ALL -MEN BY THESE PRESENTS, That we DBX, INCORPORATED as Principal, and CONTINENTAL CASUALTY COMPANY as Surety, are held and firmly bound unto .. CITY OF HUNTINGTON BEACH as Obiigee, in the penal sum of _ TWO HUNDRED TWENTY TWO THOUSAND FIVE HUNDRED NINETY & 29/100 ($222,590.29 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the CITY OF HUNTINGTON BEACH dated OCT. 18 1926 for TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ONE year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on UT11 ' day of MARCH 19 97 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of . ONE year(s) from and after MARCH 11, 1997 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED Form G-23210-A CNA r. r All You gab** MARCH 17, 1997 L�pN 9Y DBX" INCORP TED (L.S.) (L.S.) (L.S.� PRINCIPAL(S) CONTINENTAL CASUALTY COMPANY a" �x �' DIANA LASKOWSKI, Attorney -in -Fact CALWORNIA All, -PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 03-17-97 before me, KAREN CHANDLER -- NOTARY PUBLIC personally appeared DIANA LASKOWSKI personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS y hand and official seal. U A Kann Chandler Signature of Notary Public sT Comm :'F7C7o3�3 {� �+o 'KY:, r:OTAtiY PUEL:C CAUFORW^ UTANG= CGUNTY l7 Com.n. Exp. March 27. 2000 •+ OP TIONn T, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION TION OF ATTACHED DOCUMENT MAINTENAINCE BOND TITLE OR T1'PE OF DOCUMENT NWOUR OF PAGES 1 DATE OF DocvmENT 03-17-97 CAPACITY CLAIMED BY SXGN'M ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENT INGCONTINENTAL CASUALTY COMPANY PE ME OF FERSONks) OR ENTITY(S) Continental Casualty Company CNA_ Fnr AlI I Iw• 01nim it nw•n1 • Ynu MAkr' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office In the City of Chicago, and State of Illinois, does hereby make, constitute and appoin k L. Flake Linda L. Culbertson Diana Laskowski o! Anaheim, California His true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seat and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature n Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, a point by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified byy certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindlno on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed on this -30 th day of January _, 19_ 91. Cr,AS State of Illinois ICounty of Cook i ss CONTINENTAL CASUALTY COMPANY t J. E. Purtell Vice President. On this 30th day of January . 19 91 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he Is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Director; cf said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. C* C DF = A NOTARY IA PU LIC m Linda C. Dempsey tary Public CERTIFICATE My Commission Expires Oct a 19, 1994 1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 17TH day of MARCH ,19 97 . c George R. Hobaugh Assistant Secretary 137 Form 1.23142.8 INV, NO. G-59200-B I have received the Performance Bond No. 158241516 and the Payment Bond No. 158241516. RCA attached with Council action of July 1, 1996 Dated: 1 D B..� y DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 BOND# 158241516 PREMIUM: INCLUDED IN PERFORMANCE BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That DBX, INCORPORATED and CONTINENTAL CASUALTY COMPANY unto CITY OF HUNTINGTON BEACH , Principal, Surety, are held and firmly bound , Obligee, in the sum of TWO HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED NINETY DOLLARS AND NO/100. Dollars ($214, 790.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated for TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) copy of which contract is by reference made a part hereof, NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly made payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be.void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED OCTOBER 1, 1996 L7� �PORATED BY: (Seal) Principal CONTINENTAL CASUALTY q0IMPANY by k�" L Attorney -in -Fact DAVID L. CULBERTSON Form G-23214.A CNA For All the Commitments Ymt Ninke' or :,ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Sa]sfornIn County of Ri ver-%de -- _ On 10/8/96 before me, Phyllis aryPtlhl is Dale Name anci Luz a' Officer ie.g . '.;ane Doe. Hoary Public") personally appeared _ JiM Pta � - , X personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person% whose name(so is:subscribed to the within instrument and acknowledged to me that he/ft2XW executed the same in his/I} R&authorized capacity(ies), and that by hi53Uqj0=signature(X) on the instrument the person(% PFfri1lffiAQSEAMAN or the entity upon behalf of which the person(50 acted, cmWroont 10MI4 executed the instrument. tNCdQy Rdc — Cdfidr+b WITNESS my hand and official seal. . ,a. CL -r-na:2-13 Sigral: re c1 Nzra=; a.,olic OPTIONAL Tho;;y^^h the rr(crmar:on be..o-e s no. requ red Dy iavv. ,? may prove varuabl'e to persons re1�,�g on the dccoment and cm>ll prerer t fraudulent removal and reatrachm-err c'this form to ana!her docLjmen.. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _,iim pPr,-v Signer's Name: FJ Individual X Corporate Officer Tit'e(s): P esident F Sec.J_Tr_eas, Partner — = Limited = General At-crr.ey-ir-Fact Trustee Guardian or Conservator j• Other: m Signer Is Representing: ---.DEW."nc. I Number of Rages: I_ lydividual E Corporate Officer Title(s): Partner — = Limited _ General Attorney -in -Fact Trustee Guardian or Conservator n — Other: Signer Is Representing ® '*95 Nxional Nn:a -- wssez:;a=i n • e236 ae-r..ei A..e . PG. 3c, 7 164 • Canoc.. Par._ CA . =-'16- proa. No. 59"' Fec•cerCa-l'dl -=ree 1.500.0-6-662' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �7f ta- AM #-*I1_ COUNTY OF ORANGE On14-01--96 before me, DIANA LASKOWSKI - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A011 el- LW-r.A.FRV ana �.askawski Signature of Notary PublicComm.4*9j�38 PUBLIC CaZiFppH ORAWE COUNTY n 6w" Sept & 1Da7 -A OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMEWT NUMBER OF PAGES 1 DATE OF DOCUMENT 10-01-96 CAPACITY CLAnIED BY SIGNER ❑ INDIVIDUA..L ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER (S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: CONTINENTAL CASUALTY COMPANY ANK OF PERSON S) OR ENT_""_ (S; �, _ 5 7 ' w Continental Casualty Company CNA rdw All dw-1'nmmitnw•nn tiuu Milke, AN I L L IN 0 IS C O R P O R AT 4 ON POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duty organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute andappoin Flake Linda L. Culbertson Diana Laskowski e. Anaheim, California _ _ Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature — = In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney. in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in•facl." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the Deal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing Such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified byy certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bindina on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate Best to be hereto affixed on this 30th day of January _ 19_9L State of Illinois ) _: cd•�••. �� County of Cook f ss - i� CONTINENTAL CASUALTY COMPANY ...._-g, e t J. E. Purlell Vice President. On this 30th day of_ _ dantjary _ - 19 91 before me personally came J. E. Purtell, to me known, who, being by me duly sworn. did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so attlxed pursuant to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. O*C•OF 4 NOTARY N ♦ C°", Linda C. Dempsey tart' Public. My Commission. Expires Oct e 19, 1994 CERTIFICATE I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby Certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said !ST dOCTOBER 96 Company this ay of ,19 /CASu4r Ccc' • _`_.GWTIo R.. Hobaugh' Assistant Secretary J SEAL ,••+ TIJJ,I) ' ice.• G3^�-� Form 1.23142-B U INV. NO. G-59200-B CNA INSURANCE COMPANIES PERFORMANCE BOND BOND# 158241516 (Maintenance Provision) PREMIL11: $1, 766.00 KNOW ALL MEN BY THESE PRESENTS: That we DBX, INCORPORATED , Principal, and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTInGTON BEACH , Obf fgee, in the sum of TWO HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED NINETY DOLLARS AND tiO/ 100. Dollars ($ 214, 790.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Obligee for TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) in accordance with drawings and specifications prepared by , which contract is by reference made a part hereof, and is hereinafter referred to as the contract. Now, therefore, if principal shall faithfully perform said contract and guarantee that the work will be free of defective materials and workmanship for a period of TWELVE (12 ) months following completion of the contract, then this obligation shall be null and void. Any additional warranty or guarantee whether expressed or implied is extended by the principal or manufacturer only, and the surety assumes no liability for such a guarantee. Whenever Principal shall be, and be declared by Obligee to be in default under the contract. the Obligee having performed Obligee's obligations thereunder: (1) Surety may promptly remedy the default subject to the provisions of paragraph 3 herein, or; (2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance of Principal's obligation under the contract subject to the provisions of paragraph 3 herein; (3) The balance of the contract price, as defined below, shall be credited against the rea- sonable cost of completing performance of the contract. If completed by Obligee, and that reasonable cost exceeds the balance of the contract price, Surety shall pay the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If Surety arranges completion or remedies the default, that portion of the balance of the contract price as may be required to complete the contract or remedy the default and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the contract. The term `balance of the contract price," as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the contract. Any suit under this bond must be instituted before the expiration of two years from date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligee or the heirs, executors, administrators or successors of Obligee. Signed, sealed and dated OCTOBER 1, 1996 DBX, ORPOR.ATED BY: (Seal) Form G-54610-A Principal C07�I(`�Qg(.{i ' L AS LT COMPANY - by j Attorney -in -Fact �� -- DAVID L. CULBERTSON CNA For Ail the Commitments You Make' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of Calif=2' County of Rive rgi cle --_ On 10/8/96 before me- 11 ; ssa , Seaman,__Nnt- Na ..g Brtl Ti' ^- 3' ok car :e 'a . J3na Cie J_ca v Pub - personally appeared Jim Perry ':a,,e;sj cl Signe•fs% X personally known to me - OR -= proved to me on the basis of satisfactory evidence to be the person(X) whose name( is,�Msubscribed to the within instrument and acknowledged to me that he;'ftob" executed the same in his/1} . ' author;zed capacity(ies), and that by his: {Ksignature(X) on the instrument the person(, _ RMUZAaSEAMAN or the entity upon behalf of which the person(*6 acted, CoMn*donf tov7vt4 executed the instrument. M01vy PJAC - GONW*3 waakta C"ey - MYUff i BQ*MAAQ 11•20M WITNESS my hand and official seal. Sig-y'u,- ci Noiay Pu6'.c OPTIONAL Tncugh ire rr'armatror betc:v;s rot required by law itmay prole cr. !-e jocumert and couta prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim perry Signer's Name: tr:dividual X Corporate Officer Ti:ie(s): President -&_Seca/-Tr-ea _ Partner — Limited ° General - Attorrey-in-Fact Trustee - Guardian or Conservator -r Other: I Too -v : --n-) ne:e I Signer Is Representing: Number of Pages: Individual Corporate Officer Ti!le(s): Partner — 7 Limited General A'torney-in-Fact Trustee Guardian or Conservator - Other: I Tco L1umC e1ar_ Sigrer Is Representing C .955 Nx*rLl o:a -ss*c- . c E,mc: - .e . PC-. 9c 7164 • Ca^ ga Pa• CA ?13�---'r P:Z:- Np :_ Fey; er C_.i Te -:'ee ' ..V.E'E-E62- CAALIPOPNIA Ai1L-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On10-01-96 before me, DIANA LASKOWSKI - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the .instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. c 45k Diana Laskowaki Comm. #995638T, y PUBLIC CALIFOwM Signature of Notary Public ORANGECExpreg 8 1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOLD TITLE OR TYPE OF DOCUMEWT MrNBER OF PAGES 1 DATE OF DOCUMENT ❑ INDIVIDUAL ❑ PARTNER(S) ❑ MIER: 10-01-96 CAPACITY CLAIMED MED BY SIGNER ❑ CORPORA--7- OFFICER LE (S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: CONTINENTAL CAST ALTY COMPANY 'Am �- of _ERSON;Si OR EN -:Ty; , G CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CITY HISTORIAN Alicia M. Wentworth Retired City Clerk October 18, 1996 DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 CALIFOR NIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on fife, with this office before the City can release any retention funds: A «warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract with Exhibit "A" Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:rollowuptashcon Telephone: 714-536-5404 714-842-9825 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DBX, INC. FOR TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) THIS AGREEMENT, made and entered into this 18 th day of October , 1996, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and DBX, 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 Traffic Signal Modification at Pacific Coast Highway and Warner Avenue (CC-1012) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 3rk/ wa=iW'9/9/25196 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DBX, INC. FOR TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 3/k/ wumig/9/25/96 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 31V wa mig 4/25/46 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Fourteen Thousand, Seven Hundred Ninety Dollars ($214,790), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 3 3W wamig!9123/96 six (6) consecutive months from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THEESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 3/k/ wamsig19/25196 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job 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 three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 5 3 k/ wamsigl9/25/96 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Dollars ($200) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 6 3/k/ Wumig/9/25/96 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 7 Ild wamsigl9125196 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for 8 ilk/ warnsig/9125/96 completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 9 3/k/ wamaig/9/25/96 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18, INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 10 31k/ warnsig/9/23?96 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 11 3W wamigi9123i% applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a °deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage Is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 12 311 warmig/9125196 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23, DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign; transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 13 3/1d wwwi8l9/25i96 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Government Code sections 1090 et seq. 26. STOP NOTICES' RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 14 3/k/ wamsig/9/23/96 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 15 31k/ wamsig19/25196 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. DBX, INC. By:. By: im Perry, Pr-e ident im Perry, Secretary CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: REVIEWED AND APPROVED: Z5�� gL-q�- City Clerk io-17 City A inistratar APPROVED AS TO FORM: - . 1 J—M6' �- ty Attorney G �'-I-� -`hi f i p' �FC INITIATED AN APPROVED: Director of P lic orks 16 3/k/ wameigl9/25196 r - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On 101BZ96 before me. Pbyllissa G. Seaman, Notary Public Ca:e Yams ar•c T la c.• Of, car [e y . -eqc C09. Noia PJ�I C personally appeared Jim 2ercy Namars; of S,ynorfs X personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person% whose name(94 islmsubscribed to the within instrument and acknowledged to me that helf executed the same in hisl4OLVXoWauthorized capacity(ies), and that by "MUS9AQSEAMAN hishboxWEKiKsignaturep6) on the instrument the person(si, C+idgm0IW914 or the entity upon behalf of which the person(94 acted, LqNftnpASe—ccMwft executed the instrument. NMdftCM8*Y 4bMVc0"MB0WAupt!'ZOO�D WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying or the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: jim Perry Signer's Name: Individual X Corporate Officer Title(s): —Presider&—Sec- /Treas. Partner — - Limited - General Attorney -in -Fact V Trustee Guardian or Conservator ❑ Other: Tow o; frLr--c here Signer Is Representing: Number of Pages: Individual Corporate Officer Title(s): C Partner — - Limited - General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: 'oc e: 1hLr" here '. 0 .995 Natiorai Nolary ASSOC auor. - 8236 aewrnet Ave.. P.G Bo, 7184 - Canoga Park. CA 91309-7184 Prod. No. 5907 Recrdar: Cal =oo-Free '-500-876-5827 CICT-0515% 15;e4 FROr, C-PL CPS/CA-CC' -To 17:4.3741573 F.03 Vr'biftC J2. CIIPIwR<9:ngQ rr-WTWIrATr- roz�.:wn Oi777gF WITH R1:VI1Z1MN9 9ATi tMMnM#YY) TA Ff 10109/90 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ca I co I no Brokers & Agents I Hol LIER THIS CERTIFICATE DOES NOT AMEND, EXTEND 09 1450 Frazee Road ALTER THE COVERAGE AFFORDED HY THE POLICIES BELOW. P.U. Box 85371 COMPANIES AFFOFIDING COVERAGE San Diego, CA 92186-5371 CaVPANY 619-260-3845 A American Automob-ila Ina, Co. 111140awab LLJMWANI DOX, inc. L B American insurance Company 42066 Avenida Alvarado, Ste. C --VLiPAJY Temecula, L;A 1125VU C calit Gasua,lty Indemnity Exch COMPANY D THIS 15 TC CERTIFY THAT THEPOLIC:E$ OF INSURANCE LISTED BELOW HA %IE BEEN issuEo TO THE INSUREDNAW.EDABOvE FOR THEPOLICY PERIOD INDIC A TED. NOT WITHSTANDING ANY REQUIREMENT, TV RIVOR CONDITION OF AN YCON TR ACTOR 0 THE RDQCUMENTWITOw-RESPECT To WMCw7miS CEPTIFICATEMAY BlErSSUED OR MAY Pz-RTAIN. THE !NSuRANCE AFFC).R[)Elj By THE POLICIES DESCRIBED 14EREIN 15 SUBJECT TO ALL T.LtE TERMS, EXCLUSIONS AN-Z) CONDITIONS OF SUCH POLICIES -LIMITS SHOWN MAY HAVE BEEN REUILICIE-9 BY PAID CLAIMS. cot POLICY fI'FTCT4YT 'POLicy r:XP:RA-, IOW. TYPE OF INSURANCE POL.ICY NUMBER Lrm LIMITS PA'G (FAMIDIJIYY) DATE IMPA100m) QKNFfqALL.A54Lrry l GENERAL ACOMOAFE 13 1 2 IC C 0 0 0 0 COWIERC;AL, CIENERA,, L.A�-P-NY A X 8HlMZC80343222 — OP A130 : I 3124196 3/24197 PROCIUC 1:�C014P/ 20(;0000 AIM3 MACE -7K 0--cum PERSONA'- 4 ADV INJLPv 100010012 OWNERS & CONTRACI.Oq3 PROT EACH OCCURFENCE i 3 1000000 -ono FIRE 101ILVA011, j;M 7i7r.,, 1 50000 MEO EXP (Any on* wrx-j 11 5000 I =AUTUMOULE LIARILMY a >(; ANY AQTO 3/24196 1 3/24/97 COMBINED' SINGLE Umir I1000000 ALA OWNkU AUICS I 3CHEOLtEE A1003 1100ILY 114JURY LrL., pw.00 MIRED AUTOS 30011-Y pqjUqy NQN-VRNE0 AJI0S (Por ideml� "CL DAMAGE r.APR&r-t LiAuLn-f AQ!Q ONLY ; FA ACCOEN!'j ANY ALTOFM I.KER 6VT0 ONLY: EAC9 ACCIUENT I .0QM0ATr- 3 EACH =-UPPENCE VMEIREL-LA ;OFJA I i AGG.REUArE j S OTHER THAN L&6rIELLA F-0--M w`Qf11L9R5 CQ1APF"9A7IQN AND Is I STATUTORY L!WITS %MPLQVTA9'LIA8LrrY WC'78004456-09 EACH &CC 09NI f 1000000 T4E PFZ0PRIE10IR,'INCL PARTNERS/EXECUTIVE 101-73-A-SE - POLICY LIMIT 1000coo -:=S:ICERS ARE ExCL GISEAK -'EA04 EMPLOYEE'$ 10000co OTHER RG: Traffic Signai Modification Pacific %'cast Hwy at Wiarnar Ave. CC-1029. Cart holder is primary addl insured/C102010 attached. Waiver of subrogation ReeliCS to Work COMP. 30..ijqv3 Cancellation notice but '0 for non pay of ZroM. $MOULD ANY OF T149 ABOV6 IMSCAFGto PCILMICS OF CANCFLLED 61614)AF THE ESPIRAVON DATE THEREOF. TAG ISSUING COMPANY WILE-yoxw")(F� NAL C:i'v of Huntington Beach 30 oayr, wRrrrum morrue vo Nt coripicArr P404-09K 14AMFJD TO rH6 Lp$-r, I At;'n: Eric Char '.onne A"'Ay-w"It . ;7ublic Works Dept, )"gmmpgpnXXPrKX4UURA XMAMXI*X=)=x P, O. Box 190 ur on ;Arr lLiINTATIYF 053094000 Huntington Beach, CA 92548 X G TCTAL F.07- .f .44 A OCT-39-1996 15:04 I=ROM CAL C;S/CALCD Tf, 17143741573 F.02 Additional Insured - Owners, Lessees or Contractors (Form 8) CG 20 10 11-85 Policy Arnenc-mert General LIab,Iity IN:URC-0- DBT, INC. FOLIC,` NJM5F-R. 8HIMZC80343222 PRODUCER- CALCC INS SRnKFRC X AAFNT5 FFFFC fVF nATE: 3/24I99 Name Of Person Or Organization: SCHEDULE CITY CF HVNTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES r. 0- Q0X 19O HUNTINGTON BEACH, Ca K648 (IF NO ENTRY APPEARS ABOVE, INFORMATICN REQUIRED TO COMPLETE -HIS F;NDORSFMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE -0 TH15 ENDORSEMENT.) WHO IS AN INSURED (Section 11) is amended to in- liability arising out of your work for that insured by clude as an insured the person or organization or For you shown in the Schedule, but only with respect to PRIMARY I-;SURANC!` ENROf9::IlENEhlr It is agreed that such insurance ;s afforded by this policy tar '.he benefit of UUA, ?NC. shall be 0mary as respects any claim. toss or liability out of the subcontractces operations or by its independent contractors and any other insurance rraintained by the above referer!ced additional insureds shall be non-contnbutory with the Insurance provider., hereunaer. Job: TRAFPIG 5iGNAL MODIFICATION - PACIRC COAT IAWY AT WANNER AVE. CC-1029. This Form m:15: ee a:cacne; IQ Change EnCersemenr wlln_ i55L:^_C appler, , poiicy i$ writter+- Ot+E OF! TMr; FIREMAN'S FUND INSURANCE COMPAM195 AS 14AA.I1_D !N '!+f POLICY q4 A.-. S ;. PFessitlent A.3 ` - A-�- eorney -- Co^a�s Gcayr��'�!C >-y!r•v' o! :'+wrfnc? Sir„_es ^v�r�ce. ^c . '38� SECTION C PROPOSAL for the TRAFFIC SIGNAL MODIFICATION at PACIFIC COAST HIGIRkAY AND WARNER AVENUE CASH CONTRACT No. 1012 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTV� GTOT BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGEN`'CY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE AINY ITEM FROM THE CO\TRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc.. and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts; and words shall govern over figures. C-1 ' If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find r Fri&N`�in the amount of S IClu of �; C� which said amount is not Iess than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if anv� Addenda No. Date Received Bidder's Si nature C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity, written in words Unit Price. Amount l l lump sum Mobilization a Dollars 00 5 �_ �D $ Cents Per lum2 sum 2 1 Traffic Control Plans ' v� DO lump sum a Dollars S CJ SO $ U --� Cents Per I lump sum 3 1 lump sum Traffic Control p .J� �1y ,, a� � ollars �W ' � CiL 4 !`^' •' � � D D $ 3 s00 ~ V O $ Cents Per I lump sum 3 1 lump sum Clear and Gruh �� d7ttJp Dollars po S ODO- 0 Cents Per lump sum 5 610 Unciassitied 0xcavaE n CY a DollarsIf 419_ Cents Per CY 6 5 Construct Wheel Chair Ramp O each a` Dollars $ 1. 00 0 $ 6 0{� Cents Per each 7 220 Construct Type A2-8 Curb & Gutter p linear foot w g �� Dollars �f�_ l.7� $ ��— $ 7a D Cents Per linear foot 8 1850 Cors"nuct TXT)e.j Curb I Dollars $ r ! , $ l y,9 Lw linear foot a- Cents Per linear foot 9 1010 Constr ct Asppalt Concrete r- ,] .45' Sectiorj 00 O �1 ton a: Dollars S Cents Per ton ffl I;= Connw. t Aspltal' Coner to f3" Sectic_1:. a ton a Dollars S "t'SO $4 f Cents Per ton 0 0 r PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount Il 2016 Construe PCC Sidewalk D sq. foot a Dollars Cents Per s . foot 12 2 Adiust Valve Box to Grade 49d D� each Dowers D' $ l' _ Cents Per each 13 1 Relocate Fence (Wood Posts and Val lump sum i¢ Dollars $ �V S Q � Cents Per lump sum 14 1 Relocat Gate -tttd Posts UO V. lump sum g Dollars S 400 �1 _ —� Cents ^ Per lumpsum 15 1 Install State F ed (S.F-) Controller Cabinet Complete ] p� 00 lump sum QL�,&..t,S�.-tn`�. Dollars $ $ Cents Per lop sum 16 1 Install S.F.CaI troll 00 v� lump stun a Dollars S SD $ S Q Cents Per lump sum 17 1 Furnish k Install ID -BF Service with PE lump sum r Dollars Ssao $ Z Cents r Per lump sure is 1 Install Cinv Furnished Poles, Signal Lum. Mast Arms Complete o 0 lump sum @ ___Dollars S �D,I $ 6 000 Cents Per lump sum 19 24 Furnisl: & Install Signal ications Q 2 �a $ &Aq each CaS A - - _--Dollars Cents Per each 20 8 Furnish • .stall Pedestrian indicatio ,s DO a each a Dollars S Cents Per each PROJECT BID SCHEDULE Item Estimated Item with unit price xten e No. Quantity written in words Unit Price Amount 21 11 Furnish & Install Pedestrian Push Butt s Od each raOrk.L Dollars $ S� $ l Cents Per each 22 4 each Furnish & Install Bike Push Bunons ` 1 0A- AAA. Dollars DU S IS-0 — 00 $ coo — a Cents Per each 23 4 Furnish 5stall 310), m H.P.S.V. Lu' acre � D� oa each �, Dollars S 3G� S 1, ZDD Cents Per each 24 4 Furnish & install LLS.N.S. 00 01 each a: Dollars S d0S z� LIZ)y T/ Cents Per each 2; 4 each Furnish & Install E.V.P.E. Sensor unit 0511 a�rJL +-t�s�..� �� Dollars i a� S Cents Per each 26 30 Furnish , Install Detector Loops each .a• Dollars s 0 $ 5.ML / Cents Per each 27 6 Furnish & Install No 3 1 /2 Pull Bo 'es OD DD each a Qy�Q�_.t Dollars S 100 $ DD Cents Per each 28 ' S Furnish & Install No. 5 Pul Boxes 00 g� 0 each y 0r k Dollars S %S29 $ 7S0 Cents Per each 29 11 furnish & Install N 6 Pull Boxes 00 a each (a /(� '�_ Dollars S ADD J $ Cents Per each 30 490 Furnish & Instal 1 1/2" Sch. 80 P.V.C. D linear foot a / Dollars Qp s 1 Z - $Z Wo n Cats Per linear foot PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words Unit Price Extenaea Amount 31 65 linear foot Furnish & Install'"' Rigid Conduit a.: Dollars mo Coo 10— Cents Per linear fool 32 245 linear foot Furnish & instal 2 112" Rigid Conduit a1 Dollars -� Cents Per linear foot 33 540 linear foot Furnish & Ins • ! 3" Rigid Conduit r J7 Dollars D O —6 Cents Per linear foot 34 1 lump sum Furnish & Instal] Wire/ ble/EVPE Cable Complete a. s Dollars Od $06 0 $ `J, 0,00 Cents Per JUME sum 35 1 lump Sum Sandblast Striping per S eets 4 and 5 ^a., S� Dollars $ Q 00 $ //77 v 0 Cents Per lump sum 36 1 lump sum Furnish & Install Striping per Shee ; and 5 a.: ,�-}-a.y- s Dollars ap $ [ 1, bo D0 12� Cents Per lump sum 31 :Q Dollars S $ C ents Per 38 al Dollars S $ C ents Per 39 fa-! Dollars S $ Cents Per .40 Total Amount Bid in Figures S. c;% W, 7 tV Total Amount Bid in %Vords: .5� ........................................................................................................................................................................................................................... LIST OF SUBCONTk4CTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work :Number i 3 i i k � By submission of this proposal. the Bidder certifies - I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange n C being first duly sworn, deposes and says that he or-s#e is of .(' , the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation-, that the bid is genuine and not collusive or sham-, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirecthv colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding-, that the bidder has not in any manner, directly or indirectly, sought by agreement. communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depositony, or to any member or ap-ent thereof to effectuate a collusive or sham bid. ��X,C Name of Bidder Si Lure of Bidder 44aola f- vei 1' JQ tq 1 var-0dc) `#C -rLpm pia , Cal cla5c-1 U Address of Bidder Subscribed and sworn to before me this rg_ day of I)XECh , 199 -a . NOT-ARY" PUBLIC r Phyllissa G. •°^ Seaman Comm. C x NOTARY PUSLIC9CO 2 FORNIAQ C RIVERSIDE COUNTY �Y Comfi. EXP11e5 Aug. 11 10%.6 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HU TUgGTON BEACH, CALIFORNIA Gentlemen. The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modification at Pacific Coast Highway and Warner Avenue, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person „,ho, b}- reason of experience or insn-uction, is familiar ulih the operation to he performed and the ha:ar&c involi-ed. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: }Tl, n 71)X , Tr�C' . Contractor By -'�res,' d ent Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? © Yes D<10 If the answer is yes, explain the circumstances in the space provided. Tote: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-G COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date- a2jai nln�o a: nc.- Contractor Prr-sE d oali Title C-' UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) 1\o excavation will be permitted until this form is completed and returned to the AGENCY. Section 4215{4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alen Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two workine days before scheduled excavation. Dig Alert Identification ?1'un:ber: Contractor Title Date: Note: This form i_s required .for ei ry Dig Alert Identification A. -Umber Lvsued b-y U.S.A. during the cowe of the 14"ork. Additional forms way he obtained from the AGL-JVOC rrporr regrle.st. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -- Dby, .. Bidder Name �J!aQ�(o (-)ye3-),C)Iyn mdo t&C C Business .Address Te-mecu a (1P 0a�-:Q0 City, State Zip (PO9) (Q_7C0V01 JS Telephone Number WO SL4 "1 -) a-H State Contractors License No. and Class Jq(as Orieinal Date Issued Expiration Date The work site was inspected by of our office on 1TOWt ]S , 199�. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise,- to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Com any Name Si4nat of Bidder Ir+i Printed or Typed Sign re Subscribed and sworn to before me this 2(.Q day of , 199�p. C? :„ . Phyllissa G. Seaman r Comm. #970245 _;� NOTARY PUBLIC CALWORNI) + RIVERSIDE COUNTY. i ,f My Comm. Expires Aug. 11 1991 NOTARYPUBLIC 1 -, NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. (,1 to cl &-1l t, r)-h'nGTrnn i3o0_0-ki i a000 0-Xur) Z reet Name nd Address of Pu Agency Name and Telephone No. of Project Manager: _�,,-t I �?�{Fy�t� I ILL -�-SSa 3 q �5 as C& 51-rrzkLr,C S, C�y_k '�S)-)a I qS Contract Amount Type of W6& Date Completed 2. C I h-1 cC 'card a (1/7-hCx- a 1 Z ki . ti-t C(t,-n �J- . S O'K1_CL 0-1, ga-7ua Nam�'and Address of Public Agency Name and Telephone No. of Project �'Ianager: ;��)h;t-, (SDP ]U ~j Contract Amount -Q:t_ Type of Work I a1T)C5 Date Completed 3. P O 64y a 6prnCP-c)aL4(ja- Name and Address of Public Agency Name and Telephone No. of Project Manager: GiCdc_ k r) ra!'`)U. - - 383 - -ISM aBq , UR I `LO t,Ulej c-.J1- i r< A-tc-h`ON- I-.,) I Contract amount Type of Work Date Completed C-la C14 / fk �} \\K \ �/ S PDX) Z / CITY OF HUNTINGTON BEACH MEETING DATE: 7/01196 7�a DEPARTMENT ID NUMBER: 96-037 /-9,9,"DPLJ Council/Agency Meeting Held:�7/4� G Deferred/Continued to: M.efApproved ❑ Conditionally Approved ❑ Denied City Clerk's Sign Council Meeting Date: 7/01/96 Department ID Number: 96-037 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator tip PREPARED BY: LES M. JONES II, Director of Public Works`( - SUBJECT: Pacific Coast Highway and Warner Avenue Signa ification (CC-- 1012) 1 Cooperative Agreement Amendment and Award Construction Contract rl _ Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, 6nvironm5ptal Status, Attachme Statement of Issue: On August 1, 1994, the City Council approved a cooperatve agreement with the State of California and the County of Orange for the cost sharing of modifications to the existing traffic signal at the intersection of Pacific Coast Highway and Warner Avenue. On January 16, 1996, an amendment to this agreement was approved by the City Council. A second amendment to this agreement is now required. Also, on February 20, 1996 Council authorized a call for bids for Cash Contract 1012. Fundinq Source: The City's share of the cost of construction is $74,607. This includes a $21,607 increase from the cooperatve agreement approved in August 1, 1994. Sufficient funds are available in account number E-SF-PW-984-6-43-00. For a project cost summary showing City; County and State share of the total project cost, see Exhibit A-1 attac'- ed r� -�3 t 0019255.01 .2- 06/163 96 8:08 AM REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: C'I1I)SkY1 Recommended Action: 1. Approve the attached Cooperative Agreement No. 12-194 A-2 between the State of California, Department of Transportation, the County of Orange; and the City of Huntington Beach and; 2. Contingent on Caltrans approval of the Cooperative Agreement Amendment, accept the low bid submitted by DBX, Inc. 42066 Avenida Alvarado, Suite C, Temecula, CA 92590, and authorize the Mayor and City Clerk to execute an appropriate contract for the Traffic Signal Modifications at Pacific Coast Highway and Warner Avenue; CC1012; for a total bid amount of $214,790; and, 3. Contingent on Caltrans approval of the Cooperative Agreement Amendment, authorize the Director of Public Works to expend a total of $250,000 to cover the contract amount of $214,790, estimated construction contingencies of $21,479 and supplemental expenditures of $13,731. Alternative Action[s): Reject all bids, do not approve the amendment to the existing cooperative agreement and place the project on hold until other funds are found for construction. Analysis: The original cooperative agreement approved by the City Council on August 1, 1994 was based on a preliminary cost of construction for the project. During the course of design of the project; the cost of the project increased. The City's share of the project has remained; however, at 25%, but the construction cost of the project increased from the original estimate of $150,000 to the present cost of $239,191. This increase results in an increase of the City's share for the project to $74,607, including preliminary engineering, construction engineering and signal material costs. On February 20, 1996, the City Council authorized a call for bids. Intersection improvements include: 1) upgrading the traffic signal to an 8 phase system for left turn phasing onto Pacific Coast Highway from Warner Avenue; 2) dual left turn from Warner Avenue to southbound Pacific Coast Highway which necessitates some right-of-way acquisition; 3) signing and striping which includes the installation of the crosswalk on the north leg of the intersection; and 4) construction of a new raised concrete median island and modification of two existing raised concrete median islands. Staff has purchased the traffic signal poles prior to the award of the contract because the delivery time is approximately 12 - 16 weeks. Advance purchase of the poles will shorten the time required to complete the project by approximately four months. The City will receive full credit for the purchase of this equipment towards the City's share of the project cost. the $74,607 amout given above. The traffic signal at Pacific Coast Highway and Warner Avenue is operated and maintained by Caltrans. 0019255.01 -3- 06/18/96 9:18 AM REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: 96-037 Contract Amount Project Change Orders* Project Supplementals** $214,790 $21, 479 $13.731 TOTAL $250, 000 *--The amount identified is within the standard 10% limit set by Resolution Number 4896, **--Examples of supplementals include soils, concrete and compaction testing, utility hook- ups and special inspections. The Engineer's estimate of the total construction cost of the base bid, including change orders and supplementals, was $277,000. Bids were received on March 28, 1996, and are listed below with the bid amount: CONTRACTOR BASE BID 1. DBX Inc. $214,790.00 2. PEEK Company $238,208.00 3. C.T. & F. Inc. $240,751.88 4. Kennedy Pipeline $241,472.00 5. Hillside Construction $249,833.50 6. Urbantech, Inc. $267,965.00 Environmental Status: This project is categorically exempt per the California Environmental Quality Act, §15301(c), a minor alteration of an existing highway, street, or similar facility. Attachment(s): 1. Project Location Map 2. Cooperative Agreement 12-194 A-2 3. Contractor's reference check 4. Exhibit A-1 0019255.01 4- 06/18/96 8:08 AM I 1 TO: FROM: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Cash Contract File CC-1012 Eric R. Charlonne, Contract Administrator SUBJECT: REFERENCE CHECK; DBX, INC. DATE: April 4, 1996 City of Huntington City of Santa Ana Caltrans QUESTIONS Beach: Name: Quinn Name: Godwin Emuh Name: Bill Smith Moore Phone: (909) 383- Phone:536-5526 Phone: 5654045 7534 1 Did contractor work well with your agency? Yes Yes Yes 2 Did they change personnel during the job? No Unknown No 3 Were there any problems with No No No subcontractors or suppliers (stop notices)? 4 Did general and subcontractors work Yes Unknown Yes consistently on the project? 5 Was the project completed on time? Yes Yes Yes 6 How was the quality of the work? Very Good Good Excellent 7 Would you hire this general contractor Yes Yes Definitely again? 8 Are the contractors' and subcontractors' Yes licensescurrent and verified with State Contractors License Bureau? 9 Are there any outstanding complaints lodged No against the contractor with the State Contractor's Licensing Board? 10 Comments. None Project Manager for Contractor is very this job passed away familiar with Caltrans requirements ERC - gd 0018047.01 District Agreement 12-194 A-2 DESCRIPTION Construction Cost` Percentage of the total Const. Cost. Signals Materials ordered by the City Subtotal Signals Roadwork ✓ Subtotal 5 % Contingency Engineering Cost - Signals Percentage of Engineering Costs Preliminary, Eng. (Non -Labor) V . 8 % of Construction Cost) Preliminary Eng. (Labor Only) (7.5 % of Construction Cost) Preliminary Eng. (Overhead) (49 %of 7.5 % = 3.7 %of Const. Cost) Construction Eng. (Non -Labor) (3.6 % of Construction Cost) Construction Eng. (Labor Only) (8.3 % of Construction Cost) Construction Eng (Overhead) (49%of 8.3% ==7 4.1 %of Const. Cost) Signals Subtotal Engineering Cost - Roa&wav Preliminary Eng @ 13 % Overhead fncluded Construction Eng. @ 16 % Overhead Included Roadwork Subtotal Total (Inc. Const. Cost, Eng. Costs for Signals and Roadwork) EXHIBIT A-1 COST ESTIMATES Total Cost City Share 100.0% 10.5% $108,395 $11,381 $1�11 $1.366 $121,406 $12,747 $106,395 $227,801 $11171 23,918 11.390 $1,196 $239,191 $25,114 100% 75% $2,185 $1,639 $9,105 $6,829 $4,462 S3,346 $4,371 $3,278 $10,077 $7.558 Countv Share 25.0% $27,099 3 253 $30,352 $26,599 $56,951 2 847 $59,798 25 % $546 $2,276 $1,093 $2,519 State Share 64.5% $69,915 392 $78,307 8 625 $146,932 347 $154,279 �e El a 0 0 S4,938 . $3,703 $1,235 1) S35,138 $26,353 8,785 $? S13,831 $10.373 $3,458 1) S17,023 $12,767 $4,256 3) S30,854 S23,140 S7,714 8✓ $305,183 $74, 607 $76, 297 $154,279 I �. .. ... ... _....-. ___,-.-..-. _....� .. ... .... •. =...�r�.-.-..��.�.� w.mP. .n .: vw•r ar'.:r��: •�r-��,:...� .�_�_ �...-�.. ..�_....,..�. __.. �n./r-'� ��']""?v'�i•l�Pc7s �.r-. �J' CITY OF HUNTINGTON BEACH ;T INTER -DEPARTMENT COMMUNICATION xL'%V%'CT0% si acm TO: Randy Huttenberger, Acting Contract Administrator FROM: Joe Barron, Deputy City Attorney DATE: :4fay 20, 1996 SUBJECT: Ifiarner/PCH Signal Modification - CC-1012 RLS 96-325 After consultation with Paul D`Alessandro znd re%imuine Section .A, Notice Inviting Sealed Bids, it is o•.2r opinion that all bonds should be held for 60 dzys and .her; release: as per the last paragraph ,I Cal f i 77F/ 'k L CITY OF HUNTINGTON BEACH Rt_s No..� REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney v L Date Date: Request made by: Telephone: Department: May 8, 1996 Randy Huttenberger X 5247 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state i facts necessary for City Attorney to respond. Please attach ail pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease Bond iD Meeting ❑ ContractlAgreement ❑ Deed Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No t -Are exhibits attached? ❑ Yes No If for City Council action, If not for Council action, Sigre rtment Head Agenda Deadline desired completion date: 6- Council Meetino COMMENTS: Routing: Project: WarnerlPCH. Signal %' odirication, CC- 1012 GCH ❑ 'I This project has been sent out for bid, with the bids received and opened on March 28.199v. However, the low � PDA ❑I I I :)id submitted by DBX.Inc, in the amount of S214,790.00 is in excess of the amount CalTranis has budgeted I .1CB for this project. The Encineer's estimate was S2/ E,000.00. CaiTrans needs an extension of approximately SL ❑ i 90 clays to reapply for the additional funds from Sacramento. The low bidders's bid is firm, and he has agreed WSA ❑ I :o hold his bid for t`e 93 day period. Since this is an unusual situation. Public Works recommends that the ADL ❑ � ;,i;y Clerk r..lee5., 1hC ..?d bonds from, all the remaining bidJers. n cor«rdc, Car;nDl be a14'ar%�ed to the low � SF ? z)idder until Cali rams ro"t p ies the process of encumbering the additional funds. Pubic Works requests � JM n _ 1 .he proper paae"wor K r.-ecessary for the City Clerk to release these bonds. ,J 1, h. k. _ 4t, �' 1116-325 �J I I ❑? This Re uses; To, L �l cc ,'.cF nc +. , 0'- �.hR��'I 5, 14/96 q' egg. ,,,,r�, s has been asslc� d to a<<orneY_ sxtension His'her secretary is K r e n extension c 0 3 Notes: File Name: I Date Completed: I WP No.. Sha.ed am-eYs for City Fiiiorney's Office use oniv. 12-ORA-1 PM 29,89 Route 1 (Pacific Coast Highway) at Warner Avenue 12220 - 027901 District Agreement No. 12-194 A-2 County Agreement No. D94-058 (Amendment No.2) A-MENDMENT TO AGRE KIMENT This AMENDMENT TO AGREEMENT, enter into onja� 30, 1996 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF HUNTINGTON BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY and COUNTY OF OR.=.ir:Jr., a political subdivision of the State of California, referred to herein as COUNTY District Agreement 12-194 A-2 RECITALS (1) The parties hereto entered into an Agreement No. 12-194 (Document No. 9715) on October 18, 1994, said Agreement defining the terms and conditions of a cooperative project to modify a traffic control signal and performing roadwork at State Highway Route 1 and Warner Avenue, referred to herein as PROJECT. (2) The parties hereto also entered into an Amendment to Agreement (Document No. 9715) on February 6, 1996, to include STATE's responsibility to acquire the right of way for PROJECT. (3) The purpose of this Amendment is to incorporate the increased construction cost estimate on the basis of actual contract unit bid prices. IT IS THEREFORE MUTUALLY AGREED: (1) The amount specified in Article (7) of SECTION I of original Agreement shall now read $74,607 instead of $53,160. (2) Article (1) of SECTION II of original Agreement is amended in its entirety to read: (1) To deposit with CITY within forty-five (45) days of receipt of billing the amount of $76,297 wicich figure represents COUNTY's estimate share of the expense of preliminary engineering, construction engineering and construction costs required to complete PROJECT, as shown on revised EXHIBIT A-1. COUNTY's total obligation for 2 District Agreement 12-194 A-2 PROJECT costs under this Amendment shall not exceed said amount, excluding costs referred to in SECTION IV, Article (12) of the original Agreement. (3) The estimated cost specified in Article (2) of SECTION II of original Agreement shall now read $59,798 instead of $37,500. (4) The estimated cost specified in Article (3) of SECTION II of original Agreement shall now read $7, 396 instead of $4, 869. (5) The estimated cost specified in Article (4) of SECTION II of original Agreement shall now read $9,103 instead of $5,990. (6) Article (1) of SECTION III of original Agreement is amended in its entirety to read: (1) To deposit with CITY within 25 days of receipt of billing therefor, the amount of $154,279, which figure represents STATE's estimated share of the construction cost required to complete PROJECT, as shown on revised EXHIBIT A-1. STATE's total obligation for PROJECT cost under this Amendment shall not exceed said amount, excluding costs referred to in SECTION IV, Article (12) of the original Agreement. (7) The estimated cost specified in Article (2) of SECTION III of original Agreement shall now read $154,279 instead of $96,750. 3 District Agreement 12-194 A-2 (8) EXHIBIT A of original Agreement shall be deleted in its entirely and replace with EXHIBIT A-1, attached and made a part of this Amendment to Agreement. (9) The other terms and conditions of said Agreement (District Agreement No. 12-194, Document No. 9715) shall remain in full force and effect. (10) This Amendment to Agreement is hereby deemed to be part of District Agreement No. 12-194 (Document No. 9715). G 1) Nothing herein constitutes an express or implied assumption of the Agreement pursuant to the Bankruptcy Code Section 365, and COUNTY reserves its rights thereunder. (CONTINUED ON NEXT PAGE) 4 - 1.o:o District Agreement 12-194 A-2 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation 13y WALT H. HAGEN District Division Chief Design APPROVED AS TO FOR -NI AND PROCEDURE: By Atto y Department of Transportation CERTIFIED AS TO FUNDS: By_T_ District Budget Manager CERTIFIED AS TO FORI1i AND PROCEDURE: CITY OF HUNTINGTON BEACH By ayor Attest:7� City Clerk APPROVED AS TO FORIvT: F 1 • J By nlCity Attorney 19N COUINI State of ORANGE, a political subdivision of the nia of the Board of Supervisors Signed and certified that a copy of the Agreement has been delivered to the Chairman of the Board. i, By By Accounsing��niaistrator DARLE 4E J. BLOU (( Clerk of the Board of Supervisors County of Orange, California AF?ROVED AS TO FORNI: County Counsel *Doep nge, Cal' rnia S By 440 5 s, District Agreement .12-194 A-2 DESCRIPTION Construction Cost` Percentage of the total Const. Cost. Signals Materials ordered by the City Subtotal Signals Roadwork Subtotal 5 % Contingency Engineerina Cost - Signals Percentage of Engineering Costs Preliminary Eng. (Non -Labor) (1.8% of Construction Cost) Preliminary Eng. (Labor Only) (7.5 % of Construction Cost) Preliminary Eng. (Overhead) (49 %of 7.5 % = 3.7 %of Const. Cost) Construction Eng. (Non -Labor) (3.6% of Construction Cost) Construction Eng. (Labor Only) (8.3 % of Construction Cost) Construction Eng (Overhead) (49 %of 8.3 % = 4.1 %of Const. Cost) Signals Subtotal En ineerin Cot - Roadwa reliminary Eng @ 13 % Overhead Included Construction Eng. @ 16% Overhead Included Roa6woy k Subtotal Total (Inc.. Const. Cost, Eng. Costs for Signals and Roadwork) EXHIBIT A-1 COST ESTIMATES Total Cost City Share 100.0% 10.5% $108,395 $11,381 13 011 $1,366 $121,406 $12,747 106 395 $11.171 $227,801 $23,918 i 1 39 $1,196 $239,191 $25,114 100% 75% $2,185 $1,639 $9,105 56,829 54,462 $3,346 $4,371 $3,278 $10,077 $7,558 County Share 25.0 % $27,099 13,253 $30,352 26 599 56, 951 $2.847 $59,798 25 % $546 $2,276 $1,093 $2,519 State Share 64.5% $69,915 133992 $78,30; $68,62{ $ I46, 932 34"► $154,275 �A T i E! $4,938 $3,703 $1,235 35,138 26,353 38,785 � 3 $13,831 $10,373 $3,458 $ 517,023 $12,767 $4,256 $ 4 �4 $23,140 $7,714 S $305,183 $74, 6i,7 $76,297 $154,27 i BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES JULY 30, 1996 MODIFICATION AT ROUTE I (PACIFIC COAST HIGHWAY) AND )YARNER AVENi1E: Environmental Management Agency requests approval of Amendment No. 2 to Agreement No. D94-058 to increase County's funding obligation due to the increased construction cost on the basis of actual contract bid price for traffic signal modification and road widening at Route 1 (Pacific Coast Highway) and Warner Avenue. MQIIQ-: On motion by Supervisor Bergeson, seconded by Supervisor Saltarelli, the Board moved to: 1. Approve Cooperative Agreement No. D94-058, Amendment No. 2, and return of four sets of originals to Environmental Management Agency for processing to Caltrans, with four certified copies of the Minute Order. Supervisor Steiner was absent. MOTION CARRIED. {Re Agenda Item 12} THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE 3 THIS OFFICE. ATTEST' Lk ` 19a Clark of the Board of Su t ors, County of range BY O�-� , DEPUTY STATE OF CALIFORNIA-8USINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Govnmor DEPARTMENT OF TRANSPORTATION September 3, 1995 Mr. Jim Otterson Traffic Engineer City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Dear '- r. Otterson: Subject: Executed Cooperative Agreement Attached for your files is a fully executed copy of the Cooperative Agreement No. 12-194 A-2 between Orange County, the City of Huntington Beach and State of California for the Signal Improvements on PCH and Warner Avenue. If you have any questions, please call me at (714)724-2629. S' ce ' ly, 1 TONY tNCINARES, Chief Design Branch A I have received Bid Bonds for Hillside Contractors, Inc., Kennedy Pipeline Company, C.T. & 1=., Inc. A Corporation, UrbanTec Engineers, Inc., Signal Maintenance, Inc., and DBX, Inc. Re: Intersection Improvement at Pacific Coast Highway and Warner Avenue; CC-1012 Authorization to Advertise Dated: ! 0 4 r W By: CNA INSURANCE COMPANIES BOND# 7012152 PREMIUM -NIL KNOW ALL MEN BY THESE PRESENTS: That we DBX, INCORPORATED and CDNTINENTAL CASUALTY COMPANY CITY OF HUNTINGTON BEACH in the sum of TEN PERCENT OF AMOUNT BID , Principal, Surety, are held and firmly bound unto , Obligee, Dollars ($ 10% ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for TR.NFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE CASH CONTRACT NO. 1012 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such. time as may be specified, enter into the contract in writing and give such bond or bonds as may 'be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fall to do sd, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding 'the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated MARCH 20, 1996 h G•23054•A DBX, ING�RATED BY: �-�—. (Seal) Principal CONTINENTAL CASUALTY COMPANY by � Attorney -in -Fact DAVID L. CULBERTSON CN- Far All the rnmm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 3-20-96 Date personally appeared before me, KAREN CHANDLER - NOTARY PUBLIC Name slid Tale of Officer (ag-,'Jane Doe, Notary Public') DAVID L. CULBERTSON Name(s) of Signers) :Xpersonaily known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(A whose name(l) isAU subscribed to the within instrument and acknowledged to me that helexecuted the same in his/uthorized capacity, and that by his signature(30 on the instrument the person(go, or the entity upon behalf of which the person(K) acted, executed the instrument. _... i1FOR IA WITNESS my hand and official seal. 27, 10-96-1 ,gnature cl Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 3-20-96 Number of Pages: Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer(s) Signer's Name: DAVID L. CtiLBERTSON C Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General It Attorney -in -Fact 0 Trustee C Guardian or Conservator 11 ❑ Other: Top of :hump here Signer Is Representing: 1 CONTINENIAL CASUALTY COMPANY Signer's Name: F_ Individual ❑ Corporate Officer Title(s): El Partner — ❑ Limited ❑ General Attorney -in -Fact n Trustee _ = Guardian or Conservator f-- Other: Top of :�urtb nere Signer Is Representing 0 1994 National Notary Assoc anon • 8236 Remmet Ave P.O. Box 71134 • Canoga Park. CA 9' 3c9-7184 Prod No. 5907 Reorder, Call Toh-Free 1.800-876-6827 Continental Casualty Company .CNA Far All IN -Commit nr,nr• Ni o Make - AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make. constitute and AppoinDV-id L_ Cu] k Flake Linda L. Culbertson Diana Laskowski o' Anaheim. CaliforniA Its true and lawful Attorney -in -fact with lull power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature 1n Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This rower of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by wrlltencertificales atlorneys•in•fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such altomeys•in•fact, subject to the (imitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the, Board of Directors may at any time revoke all power and authority previously given to any attorney — In -fact. -This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Lsws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified byy certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its Corporate seal to be hereto affixed on this 3Dt_h day of January _ _., 19_ _qL ` usu,r f State of Illinois j ss Z '�o.�•y , County of Cook { t�sEAL. „�1 CONTINENTAL CASUALTY COMPANY w-,q'a! l J. E. Purtell Vice President. On this 30th day o1 il a n tia r y , 19 91 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the sea) of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. eo Linda C. Dempsey vary Public. CERTIFICATE My Commission Expires Octao 19,' 1994 I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 20TR day of - ;PARCH _ tg 96 co George R. Hobaugh Assistant Secretary Form 1.23142.8 INV. NO. G•59200.8 RANGER INSURANCE COMPANY Houston, Texas BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER..R.IC0500381 ThatHi110.de...Contractors.(...In.q.............................. .................................................... ..................... ...................................................... of .... 10.?32... .9.s?.I... '5'ti4A,tS?A ...... CA. 90680 as Principal, and RANGER INSURANCE COMPANY, a Delaware corporation, as Surety, are held and firmly bound unto ... �.ity of Huntington Beach 2000 Mai.n...St...i....2nd Floor.r...Hunn.�4B...?��.,....A.t...0.Z04.5................................... as Obligee, in the full and just sum of AVA... Q. ...t.hm... g.r0.a.te.S.t.... ama.urit... hid not... ...f'rgQA0... a ... U)AX ,mlim...af...f1.f;t.y....thQu.sand... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting.lts proposal Tra f f i c Signal Modification Huntington Beach, CA. per 1012. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter Into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void, otherwise the Principal and Surety will pay unto the Obligee the difference In money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but In no event shall liability here under exceed the penal sum hereof. Signed, sealed and delivered ... a r ch 2.8 , 1996 (Date) Hillside Con ractorsr./..�Inc. (Seal) ................., ..............................................................................................u��--.-.��. :..J.4eai) sri hmac 9'layyeh, President RANG I�U CE COMPANY AP;4 ....................... y g7 ak@ �'R �� r r Attornnv-In-fact RIC•a6.2 Ranger Insurance Company RIC 0500381 Houston, Texas LiNUTED POINTR OF ATTORNEY LIMITED TO BID BONDS ONLY Maximum Maximum - BIDAMT: $500,000.00 B0NDAMT:$50,000.00 BONDNO.: RIC0500381 Know a;) men by these Presents, that RANGER INSURANCE COMPANY has made. ccnstj::.:ed and appointed, and by Inese presents aces make, constitute and appoint Blake A. Pfister Its true and favOul Attorney-frt•Fact, for it and in its name, place and stead to execute on behalf of the said Company as surety, bid bonds, and other documents of a simi'ar cnaracter issued in -.he course o` its business. and to b no the Company:hereby. provided that ro oid bond executed undertheir authority sna'I exceed in the amour•: t-e s_n• of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is Restricted to Use with Bid Bonds Only. This Po.ver of A,[orney s granted and is sig•-iec and sealed by t-e aut:^.ority of :he foi'ovr•ing Resol iicn adop:eo by 1-e Board of Directcrs of RANGER INSURANCE COMPANY on the 191h day of December, 1995. Resolved: --at V- P-ern ivalsa- Cha 'r-al cr !'e ;carb . ra C-net Execut ye Circe- Peter 1.1- N all-er. P.-es _eat a-1d ter. Qcera'i^g pl' ce• a ,d Son or ,; ce P-es do h's Rorald H. Bay. r.' ch.aei ]. rc;- ,.c.-ir. L- Kenny. q,r,u C. Ple:z. PF'ip J- Qjir 9 c ary of'her 3-al 'iam:e r.e pcs?r :s apco--: Ac:••rep5-17-=act as I^e zits -ess of I9e Corpsny •nay : Eou re or to a_:nor ze ary ��ersons tc execu:e or behalf of ;he Cercpany ary bands Lade^:aKinys. •eccgr. zances• st pula:icns. poi dies ccntrac:s. ag•ee•nents• deeds an-- release anc ass:grmen: of j,.dyrer:s- decrees. mcngages ano irstr,,menls :n me nature of modgages and also all Pher irs[ruments and oecurren[s wnich [he business o! :he Company may require and to affix [he sea, of the Company thereto Resolved Further: Tea; 1'eCcmpanyseal arcVie signatureo1anycfthe aferesamd ice•smaybeal'ixedbyfacs'.mi'etoarynoverofarorieycert!ica•eoteilhe.giveh!or theexecution o' ary rcrc. u^de-ta'-inn. con!racl c- sLae:ysh c. a• olne- :;,il[er cb gauo- ir're -a'ura l^erect. s, si;-ialire a^d sea r; •lei, so used ce ^g neat) accplec cy !re Coi-lcary as ire a•,g at gi^,-a!Lre of sLch c"ice• arc t^e or giral seal of :he Ccrn:ary. to ::e -va a and rirmrg .,p_, re Ccr-pa.:'. yan I.-e same force arc ef'ecr ;s tn*.,yn r-ar,a; y at' xed In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be signed by one of its Vice Presiden's arc a"es:ed -y rs Secre:ary th�s 19th day'of December. 1995. RANGER INSURANCE COMPANY 0SURah�'� � . .F AYesl By: �, �g4OAP 441 o F•,o z SEALLN Secretary Sensor Vice President d; 792 3 •' The State of Texas County of Harris Cn ilh s 3•c day c' January. 1996 oefo. e me personal y came Barbara B-asirgame and onn Kenny. to re Kr.owri, wrio being oy rre d,:ly sworn, did depose anc say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY, the Company described in and which executed the above ins:ru^ient::hat'hey'{no:v the sea: of tree said ComNany; Ina: the seal affixed to the said it s*.:.ment s sucn coroora:e seal: that it was so affixed by order or r-e Beare cf DirectorS of sa o coroora:io^ ar.d !nat'hey signed t�eir aTes t.ere!o oy like order. i, , +pR EA ?1!F4 k. 7 •tOi►pY�(�C•9� S N.'ary P.,bhc r 4?E OF ExaiRES Certificate? I_ :he Lindersignec, :he Se ..or Vice Fires cent o' RA\'GER INSURANCE C(DI'APAN , a 'Dazvale :,araoration, DO HEREBY CERTIFY Mat the foregoing and attached Power of Aromey remains in full force and has not been revokpa; and further more tha.rho Fasolutron of the Board of Directors. set forth in Ine said Po-wer o' Aaorney. s now in force. S gneo and sea ed r :he City o' Houstor, in the Stare o- Texas Da:ed7 t:h day of Ma r Ch .19 96 Expires: MdrC_h 2 1_997 I^IC-LaOA 0116961 (A!!ix Seal Herel ;: W Bond No. 9563600-004 GZEr'1 i VERiCAN INSURANCE COMPANY OHIO BID BOND Approved by The American institute of Architects, A.I.A. Document No. A310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we KENNEDY PIPELINE COMPANY as Principal, hereinafter called the Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto THE CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total _Amount Bid _ Dollars (S 107 ), for the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pacific Coast and Warner Ave_,_ NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,'or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15 th day of March 19 96 KENNEDY PIPELINE COMPANY In the presence of: Aej"(Seal) rincipal) (7h rie J F.9634A j i 1 /921 GREAT AAIERICAN INSURANCE COMPANY (Seal) retyJ / BY Randy S ohn Arrorne -in-Facr) State Of CALIFORNIA County of ORANGE On 03-20-96 before me, MARY TRLWLE, NOTARY PUBLIC (DATE) (NAM.E.TITLE OF OFFICER•i.e.'JANE OCE, NOTARY PUSL:C'I personally appeared JOHN SHOFFEITT INAMEIS) OF S:GtifR:S)) ZK personally known to me -OR- ❑ _i "�• MARYTRUMBLE COMM. d 1�V "_ N&ary PuWC — Ccl)fornIa Y ORANGE COUNTY My Comm. Exl*es NOV 29, T998 Witness my hand and offic' ('seal. ISEAL) IGNATURE CF NOTARY) ATTENTION NOTARY proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) On the instrumenttheperson{sl. or the entity upon behalf of which the person(s) acted, executed the instrument. The information requested below and in the column to the right :s OPTIONAL. Recording of this document i$ not requ'red by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Tree 0( Type of Documart BID BOND MUST BE ATTACHED t TO THE DOCUMENT Numberof Pagas ONE Cate of Doc -meat MARCH 15 1996 DESCRIBED A7 RIGHT: 5ignarlsl OtharThan Named Above ATTORNEY —Iv —FACT It WCLCOTTS FORM I372a0 Ray. 3.9A lure■ C'+sa o 2A) Q199a WOL:OT'S -ORMS. iNC. P FI A ICNO EDGME4T w:TH SIGNER CAPACITY:REPRESEn-A'16nrT:vO FINGERPRI,vTS RIGHT THUMBPRINT [Optional) q `o `o CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALISI ❑CORPORATE OFFICERS) ITI TLESI ❑PARTNER(S) ❑LIMITED CGENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(iesl RIGHT THUMBPRINT IOptional) CAPACITY CLAIMED BY SIGNER(S) ❑INCIVIDUAL(S) ❑CORPORATE OFFICER(S) 1TITLESI ❑PARTNERIS) []LIMITED CGENERAL ❑ATTORNEY IN FACT CTRUSTES(SI C,GUARDIANICONSERVATOR ZOTHER: SIGNER IS REPRESENTING: (Name of Parson(s) or Entity(ias) O�pIIIIVR6I3�l2lll0lll8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange �n March 15, 1996 before me, M. Minium, rotary Public DATE NAME, TITLE OF OFFICER - E.G„'JANE DOE, NOTARY PUBLIC personally appeared Randy spohn _ , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized M.MINIUM capacity(ies), and that by his/her/their COMM. # 1085717 .�� t aouTt�ovc.�I� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable fo persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED GENERAL C ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAI1E OF PERS^,,._SI OR ENTIiY(iES) Great Anerican Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES March 15, 1996 DATE OF DOCUMENT SIGNER(S) OTHrzR THAN NA';�.ED ABOVE _�S1_.JI:.1 .,.I. - E236 Rr, c r,. e.. P.0_ C: -7 r4 • C,: - C.". ' r - I GUT AA/ER1CAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513.723-2740 The number of persons authorized by this power of attorney is not more than \o. 013636 T.%0 POWER OF ATTORNEY KNOk4 :ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, co.n.sr,tule and appoint the person or persons named below its true and lawful auorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of surer} ship, or oilier written obligations in she nature thereof: provided that the liabi!ity of the said Coninar,y on any such bond, undertaking or contract of sure:ysh;p erecu:ed tinder this authority° sha:l not exceed the limit stated below. Name RALPH EIDEM, JR. RANDY SPOHN :Address ALL OF ANA HEIM, CALIFORNIA This Power of Attorney revokes ail previous powers issued in behalf of the attorneys) -in -fact named above. Limit of Power ALL UNLIMITED IN WITNESS WHEREOF the G R EAT A M E RI CA N INSURANCE COMPANY has caased these presents io be signedand attested by its Pppropriate officers and its corporate sea! :hereunio affixed this 18th day of JULY 19 95 Attest GREAT AMERICAN INSURANCE COMPANY STATE'OF OHIO, COUNTY OF HA`IILTON — ss: On this 18th day of JULY, 1995 . '-lcfore me personai'v appeared GARY -f. DUNBAR. to n:e known, being duly sworn- deposes and says that he resided in Cincinnati. Ohio, that he is the I'resident of the Bond Division of Great American Insurance Company, the Compare' dcscr.bed in and which executed the above instrument; that he knwxs the seal; that it was so affixed by authority of his ofl:ce under t^c Rv-Law's of said Company, and that he signed his name thereto by ::ke authority. This Power of Attorney is granted by authority of the following resolutions acopted by the Board of Directors of Great American lm,urance Company by unanimous written consent dated -March I. 1993- RESOLVED: 7aat rile Division Pr.s:der.t, rJie se. eral Di ision A%iee Presidenrsar,d,dsstst:int A•7ce Prestdenis, oraav one of .item. be and hercbY is au; horizcd. ; rem. time to tinie. to ::PPninr one or more A; rnrne'vs-ln-Farr to e.a ethic on behalf nf;he Con;r:in.:•. as surerr.:in t' and ail hotids, underia�intis rend contracts of surer..ship, or other written obligations in the nature thereof. to prescribe their re:peclive dories and rile r� �peeri;'e limit < of rJ,e;r autllnr:�t;; .7r;cr to : ev'nkc° a;acucJl .�hpeir•::,1er.1 ,7t 3rt li;r7c. Rt=SO0`F_DFURTNI_R: That rheCompan sealandthesignaturenfan.ofiheaforesaidoflcersandan%Secretaryor.-Assistant .Sevrelarn' of the Colnp:lnr nm-v be affixed b'V f.•lcsimtic to aril' poller of arrorncr or certificateci of either ,en for the execution of any bond. adders.kir7t.comracrorsurerichip,nrotherwr,f tobiiest:;.ni„Ih C nalurerhereof,such s:gin:trurc,:ndse:rl:+'1)en nusedheinehereh;':idcpredb., file Corn, -111 :15 rhC r�r` rlai Sii latii !'C OfSi:Ch nit... �. ..nd t:;e ofthe Cnt; i�4at7'. to 1-C l ai:d;l""d bir J'ny o"l i", rl;: Coign^• li rl; rl?e s.-Ime force :ind C L-ct :is ti1011L'il lodRita111" affix d. CERTIFiCATIO.N 1. RONALD C. HAKES, ;Assistant Sccictsrn of Greta :Ainmcan !ns.Ira:iec Com-).in%. do hcrehy cc:tif%- that the fore'_nine Power of :Vtorr cs ant; Zc>o . n: 1int�rd irec:. c }; A4.. '9 :ice• a .. o . . -' l :II-i- l•'•' of :� '?r_ i TC'1 191 1'-:fie tli'1 n Te -(-.I,Cd •:r:u 116\l ;n ttl:l 1 rCe •:nd effect Signed :ind :calcd this 15th d::% of Mardi . 19 96 KNOW ALL MEN BY THESE PRESENTS, Thalwe, C.T. & F.,INC. A CORPORATION AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 Bond No. 86SB100865626BCM(432C ) .as Principal, hereinafter called the Principal, and AETNA CASUALTY & SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the Stale of Connecticut, as Surely, hereinafter called the Surely, are held and firmly bound unto CITY OF HUNTINGTON BEACH, PO BOX 190, HUNTING BEACH, CA 92648 the sum of TEN PERCENT OF AMOUNT BID as Obligee, hereinafter called the Obligee, in Dollars ($ *IO%amount bicl, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for COAST HIGHWAY AND WARNER AVENUE TRAFFIC SIGNAL MODIFICATION AT PACIFIC CASH CONTRACT NO. 1012 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of March ,19 96 (Witness) (Witness) C.T. & F! INCZA CORPORATION (Principal) (seal) (O (Title) AETNA C LTY h SURETY COMPANY OF AMERICA By Richard S . Mc ti,��ornoy-ln-Fac!) Printed In cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Surety Company of America. The language in this document confol ms exactly to the language used In AIA Document A310, February 1970 edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On - March 15, 1996 before me, Alice M. Cherbak, Notary Public Pave Name and Title of Officer (e.g., 'Jane Doe, Notary Paylic-) personally appeared Richard S.McElvany Name(s) of Signer(s) X personally known to me - OR - E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s; is/2[subscribed to the within instrument and acknowledged to me that heIVU000�1 executed the same in his/dam authorized capaclt, and that by his/signatureO on the instrument the person(4, or the entity upon behalf of which the person(af acted, ALICF i',rr. CHEPSAK ), executed the instrument. KO TARY , U.-ILIC �l �t^r_RNIA WITNESS my hand and official seal. x _`? = - uJ :i 1iY C� gEttt:�i "J1f.0 CryJ95 1997 ^ r XP(RES JUf;E <>4 L Signature of Notafy Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titlts or Type of Document: BCM Document Date: March 15, 1996 -Number of Pages: Signer(s) Other Than Named Above: Capacity(4m) Claimed by Signer(a) Signer's Name: Richard S. McElvany C Individual C Corporate Officer Title(s): I. � Partner — Limited E-1 General L7- Attorney -in -Fact Trustee 0 Guardian or Conservator :1 Other: Signer Is Representing: The Aetna Casualty and Surety Company of America AtGHT THUMBP7 OF StGNIER Top or 1humb le.,e Signer's Name: C 7 Individual Corporate Officer Title(s): Partner — Limited D General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: s Top of t l.;'nb here 0 1994 National NotaryAssociation - $236 Remmat Ave. PO Box 7184 - Canoga Park, CA 91309.71 gA Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-M7 AETNA CASUALTY & SURETY COMPANY OF AMERICA Hanford, Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISI-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT AETNA CASUALTY & SURETY COMPANY OF AMERICA. a corporation duly organized under the laws of the Slate of Connecticut, and having its principal office in the City of Hanford, County of Hanford. SIina of Connecticut, halh made. Consliluiod and appointed, and does by these presents make, constitute and appoint R i c h a r d S , Mc E l v any, Kenn tit It E . 1?cElvany or Elaine Abbott: — — of On t a r i o , CA • its true and lawful Attorney{s)•in-Fact, with full power and authority hereby conferrad to sign, execute and acknowledge, at any place within the United Slates, or, if the following line be filled in, within the area there desig• nated , the following instrumenttsl: by his/her sole signature and act, any and art bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking and any and all consents incidents thereto and to bind AETNA CASUALTY & SURETY COMPANY OF AMERICA, thereby as fully end to the same extent as if the same were signed by the duly authorizedofficersof AETNACASUALTY & SURETYCOMPANY OFAMERICA, andaNshesets of said Attorneyfal-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. . This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect: VOTED: That each of the following oHicars: Chairman. Vice Chairman, President, Any Executive Vic* President. Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to lime appoint Resident Vice Presidents, Resident Assistant Secretaries, Anorneys•in-Fact, and Agents to act for and on behalf of iha Company and may give any such appointee such authority as his cenificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, focogniiancea, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any lime remove any such appointee and revoke the power and authority given him Jr her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when la) signed by the Chairmen, the Vice Chairmen, the President, an Executive Vice President. a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the cenificate of authority of such Resident Vice President, and duly anesled and sealed with the Company's seal by a Secretary or Assistant Secretary orbya ResidentAcsislant Secretary. pursuant to the power prescribed in the cenificate of authority of such Resident Assistant Secretary; or fbl duly executed {under seal, if required) by one or more Attorneys•in•Faci pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Anorney and C@niflcate of Authority Is signed and settled by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA, which Resolution is now in full force and effect: VOTED: That the signature of each of the following offlcers; Chairman, Vice Chairman, President, Any Executive Vice President. Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary. Any Assistant Secretary. and the seal of the Company may be affixed by Facsimile to any power of attorney or to any cenificate totaling thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Anorneys•in•Fact for purposes only of executing and attesling bonds and undertakings and other writings obligatory in Ina nature thereof, and any such power of attorney or certificate bearing such facsimile sfgnature ar facsimile seal shall be valid and binding upon the Company and any such power so executed and conillmd by such facsimile signature and fa_ csimife seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it in anachad. IN WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President, and its corporate seal to be hereto affixed this 3 r d day of November , 199 5 . r AETNA CAIWALTY & SURETY CO PANY OF AMERICA Ste{e pf Connecticut sa. Hanford County of Hanford - r•. •"•� edrg• hem Vice P tlent On this 3 r d day of November .19 95 , before me personally came GEORGE W. THOMPSON 10 me known, who. being by me duly sworn, did depose and say: that harsh@ is Vice President of AETNA CASUALTY & SURETY COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that he/She knows 1he seal of said corporation; that the seal alfixed to Ina said instrument is such corporate seal: and that ne/sha executed Ina said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. 'o.r °�� My Commisaian expires Novem Lar 70, 1999 Notary P.,bhc Rosalind R. Christie CERTIFICATE I, the undersigned, Assistant Secretary of AETNA CASUALTY & SURETY COMPANY OF AMERICA, it stock corporation of the State of Connecticut. 00 HEREBY CERTIFY that the foregoing and anached Power of Attorney and Cenificate of Authority remains in full force and has not been rovoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force_ Signed and Sealed at the Home Office of the Company, in the City of Haniord, Stale of Connecticut. Daled Ihis 1 5 th - day of MARCH .19 96 !e ey- / Rosa Ganaoulin Assistant Secretary S-2435 I7-951 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 State of L N i r 12 ,P 'County of •r U`)/�'rC/ ;Y�` On t _._ /- before me, r �. %— - ! :A. r� SATE NAME TITLc OF OF.�ICEZ `- E G-, -JANE DOE. NOTARY PUB_ C, personally appeared .., /� %• %r 1•- 'Z- - , NAME(S) OF SIGNER(SI ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that heishe/they executed the same in his/her/their authorized MARK A.CRAIG capacity(ies), and that by his/her/their r "" • CC*m.* lab&# signature(s) on the instrument the person(s): NtADfPubic rCaMor the entity upon behalf of which the ' LOS ANGELES COLNW My Comm. Ex*wApR2,1044 person(s) acted, executed the instrument. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: T:lough the data requested here :s no; required by law, it could prevent fraudulent reattachment of this form. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER T�lough slalim cues ror require -.`e Notary -.o 1 II in the data be'cw, doirg so Tay prove inve'uable to pe sors re ying o^ the docume it ❑ INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN+CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME Or PERSONS) OR ENTI-vilE& NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7.84 • Canoga Park, CA 913r' BOND NO. GE 5778987 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we UrbanTec Engineers, Inc. as PRINCIPAL, (hereinafter called the Principal), and Gulf Insurance Company a corporation duly organized under the State of Missouri and authorized to transact a general surety business in the State of CA as SURETY, (hereinafter called the Surety), are held firmly bound unto: CITY OF HUNTINGTON BEACH as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of Thirty Thousand Dollars and no/100-- dollars. (S 30,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety. bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentipned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: Traffic Signal Modification at Pacific Coast Highway & Warner A -venue NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make anti enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the.time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall.have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have beer, made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid Provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of -said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon •,vhich Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this — 28r n _ day of March 79 _96 U banTec Engineers, Inc. BY } Principal Gul Ins ce Tnpanv BY _J_��Ra_n Spohri Attorney -in -Fact r ti 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On March 28_, 1996 before me, DATE personally appeared Randy Spohn M. Minium, Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY -PUBLIC" NAME(S) OF SIGNERS) No. 5007 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose name-(-e) is/ate subscribed to the within instrument and ac- knowledged to me that hem executed the same in hisA4e+/+retr authorized M MINIt1M capacity(+ae), and that by his4h-a�#e� w = COMM. A' 1085717 signature(&) on the instrument the persons , �aORAMEcoulrom, or the entity upon behalf of which the t)AANGE C4UIfTY -+ *C21 , 4ZIN personW acted, executed the instrument. WITNESS my hand and official seal. SfGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIRE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER - SIGNER IS REPRESENnNG: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MArrh 98, 1996 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Pak. CA 91309-7184 GULF INSURANCE COMPANY Em KANSAS CITY, MISSOURI i O«'ER OF A'I FORNEY ORIGINALS OF THIS P0%VFR OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUrPLIC A-rLS .SHALL IfAVE Till: SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSU}:U IN CONJUNCTION WITH THL ORIGiN:\L. KNOWN ALL N1FN BY T i-si: PRESENTS: "f;:.=: the Gul: ln,u:.1 ;c Cc`::.- pam', a corpor:oicn dr:lt� on--nizcJ ❑e cr ;II: I:n'„ -I 1f1e S:::Ir ra \; „r:I: i.:' its principal r. l'ce i:i Ih_ :.I: ,.:.. ..` L r, I`!1 ,:..rc' :o ,.hc adopted he :hc 1=.:ar. t L ; w.:t: C'n: -!tC. ,I 1 !3:.![,I ot :):..:1 I, r`I! Cm mpam (in C:'e Ih .lac of :1.._ I ` r; . R1 SOI-V1:1), !....: t:�:-, Pre-a:rd, I_acC- \ 1.e :.:, Jc : ant S:!-wr \ .� Presiden[ of the C:,:r,1':::n_ ,!':::I: h::: r ;r.r; :, _ i:; t m: ,c. C. Cut.... ,. J; I� C, iI ! -m_ r of Altornev con,:lmmr ,situ• may be SeICC:iJ Iron1 11n12 : tries ::n.i a+1. ,u l.:iu-,ln: -...- _t . t:l: he rent. and the au!horih- erdnicd him rc,'<,kC,i kv 1h: 1'rc,i,'.eal. ,,r am Fsec;:rt; \'ic: President. or :Inv Scrim Vice PrC>Id:ni. or m, the 13:.,rl f Dir.;'tnr, or by the Finance and I_xe,:uhxe Commi;:c•: s,i the 13;,ar,! t+l 7ile,trl>. RESOLVED. 111a[ :.r:lh:nc' '.n !hi, P6,4:•r of A!t.,r:x.\ ,hJI 'he i.,:r,::.1.d a, ;r of awhorih to ;h:.a[ + I:e; )-i:;- to ,i :c....:.,cr or :slnc. - wiSe issue a p,)':4cy or 1-,•I'.:i: +-. ir.,,ur:u;c. .- h:h:..: o-,G'.::I In--Li: RESOLVFD.:hra i`'n::... f at}- Se :Iu: \`a: Prui,:e t. [! :!'• .'.r- ( ... Il �:'.. :[ `:rY Power of A:..:rC - ::)`. :II I ,... :I:. il: .. ..! :. '.I powers so :�.' .. .1 ..-...... `i 11e:! ....., va[id and ..gdinu up:,r, trl. C.+n:;\.:14 in :hw 't-tare ., 1 - I:: -. !,.,...:,..., deCtmierl:., rc:atin !c ,t,:') . ,-.. 'h Guff ln,ur.,ncc C mn.Iar Joo' h..: Itt.lti:. -, .,ti: t_ .:r_ a:' -.. NUM13ER GE 53778987 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP UREANTEC ENGINEERS, INC. I835 W. Orangewood Avenue, Suite 330 Orange, CA 92668 I EFFECTIVE DATE I l March 28, 1996 CONTRACTAMOUNT S 300,000.00 BOND AMOUNT 30,000.00 RANDY SPOHN OF ANAHEIM, CA its [rue and la„':ul :,:I:+rnCti[,r-In -.';,,t. ,,it`: full.:ram :..: it+'i:: retch, ot: Ird it .1, main, p'a:c wad I:, ,i+_:.-. e\e:utc.:c;:l,r.4:c:;_r nd c'_rl:4rr in i„ behalf. as surety. an.' and ai: h.,nJ• a 1,i ur:,.:.:.,:.ir.c•, o > r1%P, :::11.::nd I:, bin,:- Gil? l::.ura:):e C,minam 111::JM :u I ;!]%- and to [hc ,ante tis[ent :, is ant' hanJ,. undenak:n_s and Jrc[!mc:a, r_ _ :h "+I.:[, aa.!'+,r u:r,:: r::Ii;i:^. , : ;rc ,ie:tr,: h rite dulc ::o[:" oriled nf1i::: „' the Gulf 1^sumncc Company -Ind all the :cis of said a[[c)rnct'Esl-in hur>u::at 1. !h;:::trth:,rl, h.:i:; _i •:n. are !:.::h, 1.:11FIC.I- ar.J contimied- The obligation ,).`.... (',:'.1':.FI"•' ..::,I! nr.; es.',;:I r.. ntil!:;+1 Ijl.'rl:}. ;!i:,rFi1 tied!:,,.. IN WITNESS WHEREOF. 111r Coif 1•,•uran:r Lon:p. nt h:,, r:lu,rd the,4; pre,cntn [n he Signed hti :In}' olficcr of rile Company and its Curpor8[c Seal to he hereto afiked. r^V c (J LI' INSCRANCE CONIIIA\\ r STATE OF NI• IL, 1'O1:!, C'hri,htphtr F. 11 utnon I �w Prc,idcnt COUNTY (it' NL I. )-(m f\ I On this Ist da: .f Fchraa: } . 1 'ILM, :' .1)., i:r'i',,: _• :I.. :.nr` ["itri•!,ipi,rr 1-. .41-at,,,n. knr�t+n tIr nx per,,,;tallt uh; hcirt� by nu duly ,tuu'n, did drpn,4 aad Sas; that he rc•,idc, i:) :hc t ua:,n „t N:ar!r,"!4-r• Scar ..f 'ter•• Y..0 : !!cu ht. !, tat' i'rr>id. nt nl' 111r G11:1 l,:,ur:lncc 0,111pany• iht! errpor'atil n dcserihcd in and tthirh ccr•cetctl ".V ail,•. e I I-tr:!::, r,1: 1F.::; Le t. ,:-•,- t aiti r„rl ,'. ar':n: I1,a1 the •cal aili,ea t ,the ,girl in,uumcnts i, tic It rr,rpurateseal: that it tfuc ,o .111-1vd I,% , rccr :! _ .,,.. :I ::- I'. .'et, . l ..:'1-'r,:-:- r....:!1 .h:I, he ,iLncd hi, n.1r:.. 1!tr!Yt0 h' :ike nrdcr. V` Ursula Kcrr it an No. (12 KE S113�'1511 t1oalilicd in _\C%l l„rk Cmintt . E \pirc, Nlay 1;, 1997 1, the ur.drr,i_:)r:....r:i \ i_; . :'I. ... Ir. (WA I,.',:. :4 [ '11•, 4i, ;[:ri ["r rpor;rti, `. i}[t 11ERE131 ("ERTIF1 :hat the Purr„,,in;; and 2 8 th �i I!II% of :"larch 96 1 u„1LIICC 1'. \linitcr \t ltim. \ i[r I'I k ;dt III CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On A Z9 Zqiv before me, _ , DATE NAME, TITLE OF OFFICER • E.G., -JA E DOE, NOTARY PUBLIC- personally appeared; ..7ff LAs- S l , NAME(S) OF SIGNER(S) ❑ personally known to me - OR -f proved to me on the basis of satisfactory evidence l to be the person(e•} whose name(s'Qrp�are subscribed to the within instrument and ac- knowledged to me That he/they executed the same in his •her/their authorized capacity0a4 and that by i ! er/their signature( on the instrument the personN, or the entity upon behalf of which the tti � CQMM, 67ti person(s) acted, executed the instrument. a `� C1�iarMri WITNESS my hand and official seal. C SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑(�( INDIVIDUAL Lbl CORPORATE OFFICER TmE{S) ❑ PARTNF-R(S) ❑ LIMITED ............. ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUST�E(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME ,O PERSON(S) OR ENTITY(IES) --- DESCRIPTION OF ATTACHED DOCUMENT k� > ; -3 0 -P ?:,-) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • B236 Remmel Ave.. P.O. Box 7184 • Canoga Pa.*, CA 91309-7184 CONTINENTAL INSURANCE BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, CA 92806, as Principal, hereinafter called the Principal, and semen's Insgrance Company of -Newark. New Jersey, a corporation duly organized under the laws of the State of New Jersey, as Surety, are held and firmly bound unto City of Huntington Beach, CA. as Obligee, hereinafter called the Obligee, in the just and full sum of j eercent of the Greatest Amount Bid-00°I�GAB�. for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this = day of March, 1926. Whereas, the Principal has submitted a bid for Traffir.,.Unal Modification at Pa!;ffic Coast NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee shall, prior to the execution of the contract, furnish evidence satisfactory to the Surety of the Obligee's ability to make payment to the Principal in accordance with the terms of the contract. In Witness Whereof, this instrument has been executed by the duly authorized representative of the Principal and the Surety. SIGNAL MAINTENANCE, INC. By Z Leroy J. Ogg, Jr., Piesidont FIREMEN'S INSURANCE-,CCO PANY OF NEWARK, NEW JERSEY By: I m R. Purifoy, Attorney -in -Fact BOND 1264G ALL-PURPOSE ACKNOWLEDGMENT NO. $507 State of Texas County of On March 28, 1996 before me, Isabel Duran ,^,AT': NAME, T. i -c -:F "FF1CFR • :.G.. -.AhE CCE. NOTARY PUEL.C' personally appeared William R. Purifoy NAME(SI GF S,GNER(S) E personally known to me - OR - L[I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/s„e/they executed the same in his/her/their authorized capacity(ies), and that by his/her/t1heir signature(s) on the instrument the person(s), or the entity upon, behalf of which the <* �� iSA13ELflUfiAN person(s) acted, executed the instrument. 1dotary Public r; n S;G e of Texas WITNESS my hand and official seal. My Comm. Exp. 4-9-96 S;GNATURE CF NOTARY OPTIONAL Though the data below is not required by law, ;t may prove valuable to persons re!yirg on :he cccument and uvula prevent fraWdulent reattachiment of this `orm. CAPACITY CLAIMED BY SIGNER El INCIVICUAL ECORPORATE OFPCER -]---=(S1 L PARTNER(S) C UMITED n GENEPAL ATTORNEY•:N-FACT r TRUSTEE(S) .__ GUAR IAVC0NSERVAT OP.. OTHER: SIGNER IS REPRESENTING: NAME CF PERSCN(S) CA ENTTY{IESI DESCRIPTION OF ATTACHED DOCUMENT Bid Bond -City of Huntington Beach, CA TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES March 28, 1996 2ATE OF COC. MENT SIGNER(S) C T HER THAN ,NAMED ABOVE Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all mere by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint ViLliam R. P'urifoy of Houston, Texas its true and lawful attorney, for it and in its name, place, and stead to execute on behalf'of the said Company, as surely, bonds, undertakings and contracts of suretyship to be given to AIL CbLigees provided that no bond or undertaking or cen±Tact of suretyship executed under this authority shall exceed in amount the sum of Five HiLtion (5,000,000) DoLlars This Power of Attorney is granted and is signed and sealed by facs`mde under and by tine authority of the following Resolution adopted by the Board of Directors of the HRE.MEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and head on the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President, an Executive Vice President or a Senior Vice Presioert or a Vice President of the Company, be, and -.hat each or any of them hereby is, authorized io execute Powers of Ancifney qualifying* be attorney named in the given Power of Attorney to execute in behalf of the FIRE&A-EN'S INSURANCE COkIPAA'Y OF NEw'ARK, .uEw JERSEY, bords, undertakings and all contacts of suretyship: and ;hat an Assistant V'-ce President. a Secre!ary or an Assistant Secretary be, and that each or any of them hereby is, authorized io arest the executior. of any sucri Power of Attcrney, and to attach :hereto the seal of ;he Company, "FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cer,:fica!e bearing such facsimile signatures or facsimile seal shall be va!id and birdirg upon the Cornpany when so ai`:ixed and in the future with respect to any bond, undertaking or contact of sureiysn-p to which it is attached-" In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these preser.:s to be signed by ore of its Vice Presidents and attested by one of its Asss;ant Secretaries this 21 day of' JuLy ,19 94 Attest: J. H- Tanner, Vice Preside ,t STATE OF COti,`ECT(CUT tm COUNTY OF HARTFORD FIREMEN'S INSURAtiCE COMPAti'Y OF `EWARK, NEv'`r JERSEY By titatchew K':rr.czak, V'•ce President On this 21 day of Juty 19 94before me personally came Matthew r:fmczak, io me known, who being by me duly sworn, did depose and say ghat he is a Vice President of the FIREMEN'S INSURANCE COMPANYOF NEWARK, NEW i ERSEY, the corporation described in and which executed ,he above instrument; :hat he knows the seal of the said corporation; -hat the seal affixed to the said instrument is such corpora!e seal; that it was so affixed by order o: the Board of D:reaors of said corporation and Thal he signed his name iherelc by :ike order. S ,yOTAny r, GLCR.A D. S_EKINS �=-- NOrARY "-"'y,)L,_ry 31 1998 CERTIFICATE My Corrtmtss:on Exp,res I, the undersigned, an Assistant Secretary of the FIRE.IoEN'S INSURANCE ;Q&IRANY OF NEVIARK, NEW :ERSEY, a New Jersey corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Aucrrev. Js now in force. Signed and sealed at the town of Fafmington, the Stare of Comiecticut. Dated the 28tbly of March ;g 96 w- \V. Cou-line, Assistant secretary SURETY .031 1-92-- Nr'wi:! :n U C A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On March 26, 1996 before me, Margarita C. Ottosson, Notary Public Dale Name and Tale or 09icer (a ;..'Jane Doe, No y Pubic'} personafly appeared arrr«ar«a„ Leroy J. Ogg, Jr..rr.aaaa.rawaarrar«a.raw«aarrrrarrrrar.arraa««arrr Name(s) o1 Signer(s) 5(personaily known to me — OR — D proved to me on the basis of satisfactory evidence to be the person(6) whose name(W is/aja subscribed to the within instrument and acknowledged to me that he/ executed the same in his/6QW"r authorized capacity(iQ4 and that by his/taigmpii signature(iQ on the instrument the person(%), or the entity upon behalf of which the person(cm) acted, executed the instrument. MARGARRAC.OTT099pN WITNESS my hand and official seal. Newry AMC -- Cc*fwft ORANGE COIM My Comm. Expires SEP 3L Im $�dralura of Nv.ay Public OPTIO �. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: `I Individual Corporate Officer Title(s): Partner — limited j General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: r r0� Of 1%-^ b ^ere �I Signer's Name: J n r-; Number of Pages: Individual Corporate Officer Title(s): Partner — = Limited ` General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing 0 1994 National NowyAssmation • 8236 Remme) Ave.. PO. Box 7184 • Canoga Pa•k, CA 913D9.7184 Pros. No 5907 Peorcer Cali Toil -Free 1-B00-B76-6B27 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) THIS AGREEMENT, made and entered into this day of 1996, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Traffic Signal Modification at Pacific Coast Highway and Warner Avenue (CC-1012) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 SAMPLE W w•amsigIV23196 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012) TABLE OF CONTENTS Pace No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS. 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 15 SAMPLE 3/k/ wwwiB11123196 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE 3/k/ wami&/1 /23/96 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 SAMPLE 3/k/ wamsig/ 1 /23i46 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 SAMPLE ilk/ warmiWIM/96 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 SAMPLE W wamsig/ 1 /23/96 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 5 SAMPLE W warnsig/1 /23I96 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (16) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 SAMPLE 3/k1 wamsig/ll23196 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 SAMPLE 3/k/ wamsiW I nV96 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded -has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except,certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 SAMPLE 3/k/ wamsig/1123196 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, prod uctslcompleted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 SAMPLE 31k/ wamsig/1123196 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE' ADDITIONAL INSURED ENDORSEMENTS Prior to.commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 SAMPLE 3/k/ warnsig/1123/96 Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. '25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 of seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 SAMPLE Vk/ wamsigf1t23196 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 SAMPLE 3W wamsig11123j% 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By. print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ��19hP►�L��LIIJ�J�3ePL�� City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: 664 City Attorney-3/y'� r -Pe y1% :1NITIA AND A PR ED: Director of Publi W s 14 SAMPLE lld wamsig/1123/96 RECE;YED C-tTY M�FRK TV Plin 28 2 of NPH 00 j iq n m Li. 03AI333� COPY TO: • • SHEILA GENEIL CC-1012 March 28,1996 2:00 PM Engineer's Estimate: $277,000 BID LIST TO. BIDAMOUNT:: 1. Amicale, Inc. 2. Baxter -Griffin Electrical 3. CTF Inc. 15a. ya 4. California Electrical Services 5. Cote Mark, Inc. 6. DBX, Inc. D . 7. DeLaCruz 8. Econolite Control 9. Gillespie Construction 10. Griffith Company 11. HilIside Contractors 3 5 12. Intersection Development Corp. 13. Kennedy Pipeline Co. a i S 14. L&R Electrical Service I CC -loll Page Page Two :9TI-DDER'S:::NAME:; L:BIDAM" 15. McCain Traffic Supply 16. Moore Electrical Contracting 17. Paul Gardner Corp. 18. Peek Traffic 19. Peek Traffic/Traffic Control 20. Sterndab] Enterprises 21. TDS Engineering 22. Urbantec Engineers 2 1. Z !a(e S. .0 23. Ville as Electric 24. 25. 26. 27. ,128. 17271 pg 3 -db, COPY TO: 09 ` . SHEILA GENEIL CC-1012 March 28,1996 2:00 PM Engineer's Estimate: $277,000 BID LIST 000�:..:BIDDER'S NAME RANK MD.' MOUNT. 1. Amicale, Inc. 2. Baxter -Griffin Electrical 3. CTF,Inc. O ? 3 4. California Electrical Services 5 5. Cote Mark, Inc. S 0. DBX, Inc. go . T DeLaCruz 8. Econolite Control 9. Gillespie Construction 10. Griffith Com an 11. Hillside Contractors 8 3 5 S 12. Intersection Development Corp. 13. Kennedy Pipeline Co. a 14. L&R Electrical Service CC-1012 Page Two .:BIDDER'S NAME:: RANK TOTAL BIDAMOUNT 15. McCain Traffic Supifly $ 16. Moore Electrical Contracting S 17. Paul Gardner Corp. 18. Peek Traffic p 19. Peek Traffic/Traffic Control S 20. Sterndahl Enterprises 5 21, TDS Engineering $ 22. Urbantec Engineers p 23. Ville as Electric 24. S 25, 26. 27. 28. 17271 pg 3 REQUEST FOR COUNCIL ACTION MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER: PW 96-006 Council/Agency Meeting Held: 2 Deferred/Continued to: YApproved ❑ Conditionally Approved ❑ Denied -EATLr1*^V City Clerk's Signature Council Meeting Date: February 20, 1996 Department ID Number: PW 96-006 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: 'LS M. JONES II, Director of Public Works SUBJECT: Intersection Improvement at Pacific Coast Highway and V75-rner Avenue; CC-1012 AUTHORIZATION TO ADVERTISE Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the Intersection Improvement at Pacific Coast Highway and Warner Avenue (CC-1012) are complete and City Council approval is required to advertise the project. Funding Source: Funds for the City's proportional share of the traffic signal modification project are in the Gas Tax Traffic Signal Construction fund, account number E-SF-PW-984-6-43-00. The engineer's probable construction cost estimate for the project is $277,000. Recommended Action: 1. Approve the plans and specifications for the traffic signal modification at Pacific Coast Highway and Warner Avenue, (CC-1012) and authorize the Director of Public Works to advertise the project; 2. Approve the attached sample construction contract, subject to award of contract to Council approved lowest responsible bidder; and 3. Approve the purchase of traffic signal poles, mast arms and luminaire mast arms for this construction project. Alternative Actions : 1. Approve plans and specifications but do not advertise to bid. 2. Do not approve the "sample contract" for the project. 3. Do not approve the advance purchase the traffic signal poles, mast arms and luminaire mast arms. 4. Do not approve the plans and specifications and direct staff to prepare plans for an alternative design. ,\ 0016519.01 -2- 02/06/96 10:43 AM J 1 REQUEST FOR COUNCIL ACTION MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER: PW 96-006 Analysis: On August 1, 1994, City Council approved the cooperative agreement between the City of Huntington Beach, the State of California Department of Transportation (Caltrans), and County of Orange, with Huntington Beach acting as the lead agency. The County of Orange and the City of Huntington Beach will each be contributing 25% and Caltrans will be contributing 50% to the total construction cost of the project. The modification of the traffic signal at Pacific Coast Highway and Warner Avenue is warranted. Staff has completed the plans and specifications for the project. The plans were prepared by staff as part of the cooperative agreement to shorten the time frame required to complete the construction project. Intersection improvements include.- 1) upgrading the traffic signal to an S phase system for left turn phasing onto Pacific Coast Highway from Warner Avenue; 2) dual left turn from Warner Avenue to southbound Pacific Coast Highway which necessitates some right-of-way acquisition; 3) signing and striping which includes the installation of the crosswalk on the north leg of the intersection; and 4) construction of a new raised concrete median island and modification of two existing raised concrete median islands. Staff will purchase the traffic signal poles prior to the award of the contract because the delivery time is approximately 12 - 16 weeks from when the signal poles are ordered. Advance purchase of the poles will shorten the time required to complete the project by approximately four months. The City will receive full credit for the purchase of this equipment towards the City's share of the project cost. The traffic signal at Pacific Coast Highway and Warner Avenue is operated and maintained by Caltrans. Environmental Status: This project is categorically exempt per the California Environmental Act, Section 15301(c), a minor alteration of an existing highway, street, or similar facility. Attachment(s): 1 Project Location Map 2 Intersection Channelization Plan 3 Sample Contract MTUILMJIREEIJDOItae TAE:165190 0016519.01 -3- 02/06/96 4:15 PM r z � J Y O � HEIL ry FILE NAME: G:\ACAD\CC1012\VICkW.0WG CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING TRAFFIC SIGNAL MODIFICATION AT PACIFIC COAST HIGHWAY FIGURE AND WARNER AVENUE. CC-1012 I I A 0 FILE NAME: G:\ACAD\CC1012\ASIZE.DWG CITY OF HUNTINGTON BEACH 0 PUBLIC WORKS * TRAFFIC ENGINEERING INTERSECTION OF WARNER AVE. AT PACIFIC COAST HIGHWAY CHANNELIZATION PLAN Mellml C 3 SECTION A 'l9 317 3//y NOTICE INVITING SEALED BIDS for the TRAFFIC SIGNAL MODIFICATION at PACIFIC COAST HIGHWAY AND WARNER AVENUE CASH CONTRACT No. 1012 in the CITY OF HUNTIitiGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m, on March 28, 1996. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a S25.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Coder Pursuant to the provisions of 'the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substiftite an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance Nvith the Instructions to Bidders. A-] :The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of February, 1996. Attest: Connie Brockway _ CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2