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HomeMy WebLinkAboutHondo Company, Inc. - 2007-08-20®�d City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: M. Todd Broussard MT7:=- DATE: September 3, 2008 SUBJECT: Retention Release Payment Company Name: Hondo Company, Inc. Address: 2121 South Lyon Street City, State and Zip Code: Santa Ana, CA 92705 Phone Number: (714) 434-104 Business License Number:A 04 k Local Address: N/A Notice of Completion Date:July 21, 2008 C ,3,^4 r A e4 dt • )'tcn w 1_ Contract Purpose: Retention Release for Cash Contract 1316, Entry Node Sign Project 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date ravis Hopkins W, Public Works Director I certify that there are no outstanding invoices on file. 1, 8-0 Date Shari Tj: eidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 1/10 0� ate A Joan-Flyn ity Clerk 1316 Retention Memo 9/3/2008 9:20:00 AM �..,. „- _...y.,i'H-r.,+-yy.-,d � -. ,..� ...-...,.. -.,.,�-7..--``y.�,{"Y�?Y�...���v.�.l'T-f",,..-�.^'�'1/4'J*.^�'—...iJ m�..,.� .w -,vim-✓•'i.�r;;,.4,.,�::a�.,/`""" -`•'t-,-,:.:�;�.�,;--,-�.,��'w.�.r.�-^'^" � u4.,-w^-•'�..:uR ., ��. , RECEIVED BY: V4�, (Name) (Date) I I CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer • 0 FROM: ��%�`IL.,, i DATE: % ��(� /-.),Oc) SUBJECT: Bond Acceptance I have received the bonds for J a) �..r- / � �-) (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. F! Approved (Council Approval Date) of Agenda Item No. �l City Clerk Vault No. �Z6" #27 g1followup/bondletter.doc Se4FEC0' MAINTENANCE BOND Executed in Two Counterparts KNOW ALL BY THESE PRESENTS, That we, Hondo Company, Inc. as Principal, and First National Insurance Company of America Bond 6467529 SAFECO Insurance Company PO Box 34526 Seattle, WA 98124-1526 a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of California City of Huntington Beach , as Surety, are held and firmly bound unto as Obligee, in the penal sum of Twenty Nine Thousand Seven Hundred Seventy Nine & 40/100 ($ 29,779.40 ) 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 for City Entry Node Sign Project / CC No. 1316 WHEREAS, said Contract has been completed, and was approved on 21St day of July , 2008 dated NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of One year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, 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. Signed and sealed this 21 St - day of J APPROVED AS TO FORM RATH, CityrAtito�� jENNI R_MoG $y' Paul D'Ales ®aaclm Assistant City Attorney 5-0843/SAE F 10/99 my 2008 Hondo p ny, Inc. (Sea,) (Seal) Robert Lloyd, President (Seal) First National Insurance Company of America By illiam yrki ,Attorney -in -Fact Attorney -in -tact A registered trademark FRP CALIFORNIA ALL-PURPOSE State of California County of Orange On 7-23-08 before me, Eileen Sandoval, Notary Public Date Here Insert Name and Title of the officer personally appeared Robert Lloyd Name(s) of Signer(s) EILEEN SANDOVAL N COMM. # 1791549 NOTARY PUBLIC CALIFORNIA o 3 ORANGE COUNTY tv My aomm. expires Feb. 27 2012 who proved to me on the basis of satisfactory evidence to be the personA whose name(sl is/a'Wsubscribed to the within instrument and acknowledged to me that he//90W executed the same in his/her/their authorized capacity!, and that by hisiDoMir signatureN on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary -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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBP.RINTI o of thumb here ✓'. , ✓ti.�✓: l•Y.`✓..�✓:C✓4'J.'✓' .C✓ ✓.v4�✓4C✓G.C✓.'✓.'✓.C✓�.�✓..'✓.�:v.�✓:C✓fi✓.C✓.'.•Y: �✓..'✓ .C✓6��..\✓.�✓.�✓:\✓.'✓.�✓: ✓:C✓ ✓.'ass ox O 11 I �• '• :• •1 ! •1 :11 POWER First National Insurance Company of America re OF ATTORNEY Safeco Plaza Seattle, WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************SERGIO BECHARA; CLOE BIERMAN; REBECCA HAAS-BATES; WILLIAM SYRKIN; JOAN M. WYNN; LEONARD ZIMINSKI; Irvine, California*******************'***************************************************** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of October 2006 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this 21 St day of July 2008 SVRKNCPCp SEAT, s� 1928 aP ems^+ STEPHANIE DALEY-WATSON, SECRETARY S-104910F 4105 Safeco® and the Safeco logo are registered trademarks of Saieco ::nrporatior,. WEB P0': CALIFORNIA•SE ACKNOWLEDGM State of California County of Orange On 07/21/08 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(&) is/etre subscribed to the within instrument and acknowledged to me that he/s# 41te�f executed the same in his/h@A44e* authorized A7A Y' capacity0ea), and that by his,•e�"ir signature(4 on the rr, 1796 instrument the person(*} or the entity upon behalf of tORN1A !7 a+ __ i e ;° fjci vur�ty which the persons} acted, executed the instrument. JPN� CUfat7�rl. T��+l r. a_.. -.t�sR!_f 22. 2017 y ` I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of y ubhc 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: Document Date: _ _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: .r Top of thumb here I 1 l Signer's Name: ---- Individual Corporate Officer — Title(s): Partner — n Limited li General Attorney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing Top of thumb here I 1 I i © 2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • v w .DlatienalNotary.org Item 45907 Reorder. Call Toll -Free 1-800-876-6827 CONTRACTOR'S CERTIFICATE L Robert Lloyd (Name of Declarant) 1. Hondo Company Inc. state and certify that: is the general contractor to the City of Huntington Beach ("City') on Contract No. (the "Contract") for the construction of the public work of improvement entitled: Entry Node Signs (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): None 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. S. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): None I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Santa Ana, CA on this Z 3 day of July f , 20 0 8 APPROVED AS TO FORM $y: r s(i�/a —IlJ 3. yo•Ot� Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: Entry Node Signs The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 23 day of July , 20_L8 at Santa Ana , California. Hondo Comparyy Inc. By: Name: RoberV Lloyd Title: Presidents ZR AItNEX 1Ll 3 • CXp 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: Entry Node Signs The undersigned contractor on the above -referenced project C'Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 23 day of July , 20 08, at Santa Ana ; , California. Hondo Company Inc. By: Name: Rob er . 141 Title: President i1--.T US- ab • 0,ko 247542.1 Bond No. 6467529 CONSENT OF SURETY TO FINAL PAYMENT AL4 Document G707 pnstructions; on reverse side) TO OWNER: (Vturrt• Nrd r+rklrtxcl City of Huntington Beach 200 Main Street Huntington Beach, Ca 92648 PROJECT: INrurn•aarl arklrtw) City Entry Node Sign Project Executed in Two Counterparts OWNER a ARCHITECT ❑ CONTRACTOR SURETY oTkIER ❑ ARCHITECT'S PROJECT NO.: CtC No. 131-6 CONTRACT FOR' Entry Node Sign Project CONTRACT t)ATFD: In accurdancc with the pnhviiions of the Contract between the Owner anti the Ctmtrutolra s indicatcd alxhvr, the (IIE�CM enurr and ark/rrw f!f Yrrr/r'I First National Insurance Company of America 120 Vantis, Ste 130 Aliso Viejo, Ca 92656 on bond of lb+x rt tuutrr ata(rukhtx- of Guntmicitlo Hondo Company, Inc. 2121 South Lyon Street, Santa Ana CA 92705 , CONTRACTOR, hereby approves of the final payment to the Contractor, and axrm'l that final payment to the Contractor shall not relieve the Surety of any of its obligations to !lnaa•rt rxr+nc uq(1 ttrkbti;+xv(Vn'rrtrl City of Huntington Beach 200 Main Street Huntington Beach, Ca 92648 OWNER, asset hxth in said Surcty'y bond. IN WITNESS WHEREOF, the Surety has hereunto yet its hand on this (.late: July 21, 2008 (lawn !rr uWMA4, Me mwubMkm1%v1 hr• lbe rrruueNC (kilt• r+ru rt tu: ) Fifst National Insurance Comoanv of America (.vrrrlr� (.1rr;unlrrm un!!wu't t/ntotnrrrlka•I nttest' William Syrkin, Attorney -in -Fact (Seal), - ll4•brrty! (rural( (ar(! atlr) CAUTION: You should sign an original AIA document that has this cautlon printed in red. An i t original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproductlon of this document. A1A DOC.URAtc)'tt' G7tt7 • e:CInS1iM1 f c7P st'W'l1' l'Ch 17u,�L YAlaut^rt' • t )<J t o-nrru rN • (sets 01994 • 9'1It: AMI-MC N IMSI'n'C Ir OF ARC:HI'1"Fea"S. t',S'e Nl w YUKK AVI;NI It, NA ' CA5I1 WARNING. ilntic"sed pnoiocopying v10181e5 U.S. capv- POWER First National Insurance Company of America am* OF ATTORNEY Safeco Plaza Seattle, WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************SERGIO BECHARA; CLOE BIERMAN; REBECCA HAAS-BATES; WILLIAM SYRKIN; JOAN M. WYNN; LEONARD ZIMINSKI; Irvine, its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of October 2006 APAAA4; jl6vo_ STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 21st day of July 2008 b SEAL - `,rd''�?a� STEPHANIE DALEY-WATSUN, SECRETARY S-1049/DF 4105 '* 1P Safeco® and the Safeco logo are registered tradema ks of S:aieco Corporation. 011EE puG State of California County of Orange On 07/21/08 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Names} of Signer(s) R- HAAS-BATES if r- OfViiVi. # 1796169 "IMARY PUBLIC - CALIF01MA 1��. GRANccb COUNTY q.iFoa++COMM. EXPIRES APRIL 22, 2012 - Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/acre subscribed to the within instrument and acknowledged to me that he/sheM-fey executed the same in hislheMlAe authorized capacity(), and that by his/heFAhei signature(4 on the instrument the person(*, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Signature of Notary 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): — 7 Partner — Ci Limited IJ General -_7 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing Tthumb here I Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): — Partner — I� Limited Li General Attorney in Fact C Trustee Guardian or Conservator Other: Signer Is Representing: Tep of : urnb here 02007 National Notary Association• 9350 De Soto Ave.. P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotaryorg Item 55907 Reorder: Call Toll -Free 1-800-876-6827 PLEASE CGiMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail F RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: City of Huntington Beach Department of Public Works Engineering Division Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111111 NO FEE 2008000368757 01:51pm 08/01/08 228 198 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Hondo Company, Inc. who was the company thereon for doing the following work to -wit: HUNTINGTON BEACH ENTRY NODE SIGN PROJECT; CC-1316 That said work was completed July 21, 2008 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 Director of Public Works on July 24, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this July 24, 2008 olire for of P blic Works or City Engineer of Hun ington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) 1, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this July 24, 2008. Af blic Works or City Engineer ton Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 001.059•TITLE PAGE (R7/95) RECEIVED BY: I t1 I... -?m & (Name) I V 6196jen (Date) CITY CLERK RECEIPT COPY L_ Return DUPLICATE to City Clerk's Office after signingidating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: S ri Freidenrich, City Tre surer FROM: l� DATE: SUBJECT: Bond Acceptance " I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. to/ 1/ (0 � �4:; l% 2 Re: Tract No. CC No. 43An MSC No. Approved Agenda Item No. o ncil Appr9 1 Date) City Clerk Vault No. 6M, SD 4E- —// s/s-4 16 y139 #27 g1followupthondletter.doc t CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THIS AGREEMENT ("Agreement") made and entered into this & day of A,X ST 20 a by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and i Imp ArtN�(. LNG. , a California CpRpo�/j , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Cate fslObr `J to#4 � k&i GZiT, Cc, 131(0 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I } { the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 S 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and agree/forms/city const/4-03 3 A CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 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 —540 6k)m j Dollars ($ 291,194. 00 ), as set forth 4evem avvivt4v 0(o-R fbt)(L 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 the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within GIM(gyp p) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 A other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 L 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES 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 agree/forms/city const/4-03 6 0 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of AMotLQ - FEZ` Dollars ($ 150, 00 ) 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 1. further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 i delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agrcc/forms/city const/4-03 9 a 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Tot:,n S 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: .• a_ � �t �a 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing parry. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Hondo Company Inc. a California Corporation Bf Mi hael Woods, President print name ITS: (circle one) Chairman/President/Vice President By: Robert/LV6vdJ Secretary Treasurer V print narke ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: i 6-,�4 - CiJy Administrator agree/forms/city const/4-03 21 ayor ATTEST: Cy Clerk g2g(oJ-,-D-) APPROVED AS TO FORM: r s—��0"1 1 Cit ttomey �,3( 01 INITIATED AND APPROVED: C--� �� ,jDirector of Public Works« CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 8-10-07 DATE personally appeared before me, EILEEN SANDOVAL, NOTARY PUBLIC NAME. TITLE 0.= OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' MICHAEL WOODS AND ROBERT LLOYD NAME(S) OF SIGNER(S) L�1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their y signature(s) on the instrument the person(s), 1 7EILEEN7SANDOVALor the entity upon behalf of which the o 466990 person(s) acted, executed the instrument. NOCALIFORNIA K ;) OUNTY t MycFeb 27 2008)c WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No 59,17 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 TITLEr. ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAN1E OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 913C9-7184 SECTION C PROPOSAL for the CITY ENTRY NODE SIGN PROJECT CC 1316 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 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 AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 10 % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bi 's ' nature 1 7-23-07 CITY ENTRY NODE SIGN PROJECT, CC1316 BID SCHEDULE t in::::Eslimated ::::::::: Ztem: �tb:�iiiit: tree:::.::::::::::::::::::...... ................ .................._:: P.................................................... ::: xtenited :: ....................... ....................................................................................................... ........... <>::: <: ;:::=:: vr�tt40A :in :�vo s5:: <: `: >: `>:'` ..' ">::.:'::':::: .......... .............................:.......::.......... .............. ` CJ1jjt ..... ..... ........ .... 1 1 Fabricate and Install Sign "B" @ Bolsa Chica St. Thirty Five Thousand each @ Three Hundred Dollars $ 35,300. $35,300.00 no Cents Per each 2 1 Sign Fabricate and Install Si "A" 0, Goldenwest St. Seventy Thousand each @ Four Hundred Eighty Eight Dollars $ 71,488. $ 71, 488.0 no Cents Per each 3 1 Ave, FabricatehairItyal i tC ousand 11F,,our each @ Hundred Dollars $ 38,400. $ 38,400.0 no Cents Per each 4 1 Fabricate and Install Sign "B" @ Adams Ave. Thirty Six Thousand each @ Sir Hnr rgd Dollars $ 36,600. $ 36,600. no Cents Per each 5 1 aa11 D Fabric irtystEig it Thousandarner each @ Eight Hundred Forty Dollars $ 38,840. $ 38,840.0 no Cents Per each 6 1 Fabricate and Install Sign "C" @ PCH/Brookhurst each Thirty Eight Thousand @ FaFr Hundred_Forty Rol-jr Dollars $ 38,444. $ 38,444.0 Cents Per each 7 1 Fabricate and Install Sign "A" @ Beach Blvd. each Thirty Eight Thousand @ Seven Hundred Twenty Tw�Dollars $ 38,722. $ 38,722.0 no Cents Per each * Items 5, 6, and 7 are within State right of way. Permits have not been secured for these signs as of bid time, therefore a separate Notice to Proceed may be issued for these items. Prices for these items shall be good until December 31, 2007. The City reserves the right to remove any or all of these items prior to issuance of the Notice to Proceed for these items, without compensation to the Contractor. Total Amount Bid in Figures: $ Total Amount Bid in Words: 297,794.00 ------ -- - ---- ---- ---- ----------------------- ---------- -------------------------------- ----------- - -I Two Hundred Ninety Seven Thousand Seven Hundred Ninety Four Dollars no centa C-1s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Litho Crete T B Penich & Sons San Diego, CA 185381 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Robert Lloyd , being first duly sworn, deposes and says that he cM 4is Secretary Treasurer of Hondo Company Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will , not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Inc. 2121 South Lyon Street Santa Ana, CA 92705-5303 Address of Bidder Subscribed and sworn to before me this 31' day of July , 20 07. NOTARY EILEEN SANDOVAL w COMM. # 1466990 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY v 0 My comm. expires Feb. 27, 2008 It NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CITY ENTRY NODE SIGN PROJECT, CC 1316, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Title Date: July 31, 2007 Hondo Company Inc. Secretary Treasurer 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Hondo Company, Inc. Contractor Secretary Treasurer Title Date: 7-31-07 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Hondo Company Inc. Bidder Name 2121 South Lyon Street Business Address Santa Ana, CA 92705-5303 City, State Zip ( 714) 434-0104 Telephone Number 373104 A, B, C27, D12, D34 State Contractor's License No. and Class 11-13-79 Original Date Issued 4-30-09 Expiration Date The work site was inspected by Mike Woods: of our office on July 25, , 20 07 The following are persons, firms, and corporations having a principal interest in this proposal: Hondo Company Inc. ichael Woods, President a California Corporation obert Lloyd, Secretary Treasurer 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. Hondo Compan y IV. Company Name Ild Signature of Robert Lloyd Printed or Typed Signature Subscribed and sworn to before me this 31 day of July , 2007 . _ EILEEN SANDOVAL�� a COMM. # .1 466990 -� NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ro NOTARY PUBLI��-�' ZyZ r� @my Comm. expires Feb. 27, 2008 it 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. See Attached 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Ll L -P Engineering Contractors COMPANY INC. Refdrences 2121 South Lyon Street Completed Jobs Santa Ana, CA 92705 714/434-0104 FAX 714/434-0215 City of Yorba Linda City of W. Covina City of Santa Fe Springs 4845 Casa Loma P. O. Box 1440 11710 Telegraph Road Yorba Linda, CA 92886 W. Covnia, CA 91793 Santa Fe Springs, CA 90670 Steve Campbell Mike Schott Harold Quan Vista Del Verde Park Monument Signs Parkette Fountain 714 961-7160 626 939-8425 562-868-0511 $980,930.27 $120,900.00 $199,145.00 $1,051,633.00 $194,955.00 $207,007.00 Completed May 06 Completed April 06 Completed Feb 06 City of Cypress City of Santa Fe Springs Talega Constructors 5275 Orange Avenue 11710 Telegraph Road 951 Calle Negocio #D Cypress, CA 90630 Santa Fe Sprngs, CA 90670 San Clemente, CA 92673 Mary Lazzara Harold Quan Brian Mangano Various Parks Heritage Crossing Fountain Recreation Center #3 716 229-6747 562 868-0511 949 498-1366 $281,810.00 $351,261.40 $682,214.00 $288,815.00 $380,326.40 $734,326.20 Completed June 05 Completed July 05 Completed June 05 City of Santa Ana City of Santa Fe Springs City of Lake Forest P. O. Box 1988 Dept M-22 11710 Telegraph Road 25550 Commercentre Dr. Santa Ana, CA 92702 Santa Fe Springs, CA 90670 Lake Forest, CA 92630 Michel Girgis Harold Quan Bill Seitz Santiago Park Gateway Monument Nature Park 714 647-5042 562 868-0511 949 472-3505 $284,426.00 Contract $57,260.00 Contract $702,888.17 Contract $247,5958.00 Completed $57,260.00 Completed $708,288.16 Completed Completed August 04 Completed August 04 Completed June 04 City of Chino Hills City of Costa Mesa City of Buena Park 2001 Grand Avenue 77 Fair Drive 6650 Beach blvd. Chino Hills, CA 91709 Costa Mesa, CA 92626 Buena Park, CA 90622 Mike Fleager Baltazar Mejia Geza Binger Big League Dreams Ketchum Libolt Park San Marino & Peak Parks 909 364-2711 714 754-5291 714 562-3691 $ 748,282.00 Contract $291,776.00 Contract $219,280.00 Contract $1,073,937.95 Completed $297,079.22 Completed $237,966.00 Completed Completed March 04 Completed December 03 Completed July 03 SAFECO Insurance Company F5 S A F E C a PO Box 34526 Seattle, WA 98124-1526 FIRST NATIONAL. SURETY BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Hondo Company, Inc. as Principal, hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA , of 120 Vantis, Suite 130, Aliso Viejo, CA 92656 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 1 Q% ) , 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 City Entry Node Sign Project 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 31 st day of MY 200/ _ Hondo C pan , Inc. _(Seal) Principal. Witness Secretary Treasure VN Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA BY _ I yrkin Attomey-it,-Fact S-0054/FNEF 12100 ® A registered trademark of SAFECO Corporation FRP POWER First National Insurance Company of America • e OSafeco Plaza F ATTORNEY Seattle, WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************SERGIO BECHARA; CLOE BIERMAN, REBECCA HAAS-BATES; WILLIAM SYRKIN; JOAN M. WYNN; LEONARD ZIMINSKI;Irvine, California************************************************************************* its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of October 2006 , ; 41&e- 44X STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -tact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 31 st SEAL 11-I928 S-1049/DF 4105 f` day of July 2007 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF .STATE OF California COUNTY OF Orange On 07/31/07 PERSONALLY" APPEARED William ss before ttte R Haas -Bates, Notary Public personally knollst to me ( t�ac 4rn� ��aa� x�nn c�cz2pe g ,kmc) to he the personiv) whose natne(x) isAm subscribed to the within instrument and acknowledged to me that hell*&& gcxe-recuted the same in hislhckkqti tauthorized capacity ), and that by hts/k I6it- signrature(j� on the instrument the person(,** or the entity upon behalf' of which the person(k acted, executed the instrument. 6['ITVES.S my hand and official seal. OPTIONAL R. HAAS-BATES 3 0 COMM. # 1473W3 NOTARY PUiiUC-CALIFORNIAG ORANGE COUNTY COMM. EXP. MARCH 2, 2008 -+ This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHER: SIGNER IS REPRESENTING: NAME DF FERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0-12K(REV 5101) ALL-PURPOSE ACKNOWLEDGEMENT City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CITY ENTRY NODE SIGN PROJECT - CC 1316 July 23, 2007 Notice To All Bidders: Please note the following clairification to the Project Plans, Specifications, and Special Provisions: 1. Contractor License Requirement The contracting party shall hold either a General Engineering Contractors License "A" or a General Contractors License "B" in accordance with Business & Professions Code, Divison 3, Chapter 9, Contractors, Article 4. Classifications 2. Prevailing Wage Requirement Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages fore each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Indeustriai Relation of the State ofr California. 3. Design Professional The graphic designer for this project is Graphic Solutions. Fabrication Arts, a subsidiary of Graphic Solutions will not be bidding this project. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one, da#d Apo 8, 2004. Hondo Company Inc. Company Name 7-31-07 Date By All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 28, 2007 Hondo Company, Inc- 2121 South Lyon Street Santa Ana, CA 92705-5303 Attn: Robert Lloyd Re- City Entry Node Sign Project — CC-1316 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate 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 file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year- If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Economic Development Department at 536-5582. Sincerely, Clan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citft*1 Nf6-; hfffh'c4skW i Mc New Zealand (Telephone: 714-536-5227 ) Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E > IF R t� c, RNEX 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _ day of ,20 at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. sAS MEOW 7EM4; R; CITY ATTORNEY -T1S o3• ab . 010 247542-1 CONTRACTOR'S CERTIFICATE 1, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM By: Name: [Type Name] Title: [Type Title] on this day of , 20_ (Signature of Declarant) 2459141 1 731 S A F E C a FIRST NATIONAL SURETY CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, Hondo Company, Inc. SAFECO Insurance Company PO Box 34526 Seattle, WA 98124-1526 Bond 6467529 Premium Included in Performance Bond Executed in Two Counterparts and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach , as Obligee, in the sum of Two Hundred Ninety Seven Thousand Seven Hundred Ninety Four and no/100 Dollars ($ 297,794.00 )> for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated day of , , with the Obligee to do and perform the following work, to -wit: City Entry Node Sign Project CC No. 1316 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attomey's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. S-0816/FNEF 10/99 day of Principal Robert Lloyd, Secretary Treasurer FIRST NATIONAL INSURANCE COMPANY OF AMERICA By in Attornev-in-Fact ® A registered trademark of SAFECO Corporation FRF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N:). 5907 State of California County of Orang ' On 8-10=07 before me, Eileen Sandoval, Notary Public DATE r:Ad1E. TJ T LE OF OF.'ICER - E G .-JA:v=bC =. NOTARY PUBLIC - personally appeared,a Robert Lloyd r,=:.IEISI OF SIGNERIS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their —�-' signature(s) on the instrument the person(s), EILEE"4SANDOVAL or the entityu on behalf of which the COMM. # 1466990 p - NOTARY PUBLIC CALIFORNIA o person(s) acted, executed the instrument. ORANGE COUNTY ^ My Comm. expires Feb. 27, 2008 t WITNESS my an and official seal. 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCU,NIENT SIGNER(S) OTHER THAN NAMED ABOVE POWER First National Insurance Company of America OSafeco Plaza F ATTORNEY Seattle, WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ********"*******SERGIO BECHARA; CLOE BIERMAN; REBECCA HAAS-BATES; WILLIAM SYRKIN; JOAN M. WYNN; LEONARD ZIMINSKI; Irvine, California" its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of October 2006 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) .Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th day of August 2007 "cc � Ow OJt,* SEAL sp. `.-. j1 STEPHANIE DALEY-WATSON, SECRETARY S-10491DF 4105 a` Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF 0 STATFOF California COUNTY OF Orange 08/09/07 ------- -__._-__._-------- ------- .... _... ... ._..._............. ... ---__-. before me, PERSONALLYAPPEARED William S SS. R. Haas -Bates, Notary Public personally known to me (tax�t�i4xtBtxr�r x 1xwc) to be the personk) whose natne(x) is%ir subscribed to the within instrument and acknowledged to me that he1s*mA(xexecuted the same in his/f> xauthorized captu'ity ), and that b,r hislkarAkvq- sigrmture(gl on the instrument the person(4, or the entity upon behalf of which the persou(,V acted, executed the instrument. IVIT,NESS in)hand and official seal. OPTIONAL R. HAAS-BATES � 0 C•OkApA. # 347a993 ®0-,.c OTA Y PU3;_I&CAUADRf1tAO t1P.ANGE COUNTY2O vtvi. EXP. MARCH 2, 2008 -A This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 1_1 INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT S) OTHER THAN NAMED ABOVE ID-1232 (REV s-ot) ALL-PURPOSE ACKNOWLEDGEMENT SA F E C Cr First National Insurance Company PO Box 34526 Seattle, WA 98124-1526 FIRST NATIONAL SURETY CONTRACT BOND - CALIFORNIA Bond 6467529 FAITHFUL PERFORMANCE - Initial premium charged for this bond is PUBLIC WORK $4;288.00 subject to Executed in Two Counterparts adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That Hondo Company, Inc. of 2121 South Lyon Street, Santa Ana, CA 92705 as Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach in the sum of Two Hundred Ninety Seven Thousand Seven Hundred Ninety Four and no/100 Dollars ($ 297,794.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated with the City of Huntington Beach to do and perform the following work, to -wit: City Entry Node Sign Project CC No. 1316 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 9th day of August 07 Hondo Co44 I c. Principal Robe Lloyd, Secretary Treasurer .�Solkro`^`Op FIRST NATIONAL INSURANCE COMPA14Y SEAL o OF AMERICA y 1928Or i . By — I Fsryr in Aitorney-in-Fact S-0815/FNEF 10/99 ® A registered trademark, of SAFECO Corpuration FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5337 State of "Calfo County of ,,Orange 8-16-07 On before me, Eileen Sandoval, Notary Public., OATc '...... ,;1.�12. TITLE OF OFFICER • E G . -JA .E C.:_. r,JTARY PU3LIC- personally appeared{ Robert Lloyd N-UEISI Or SIGNERkS! personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), EIOMM.#LEEN 466990NDOVAL or the entity upon behalf of which the ��@my COMM. # 1466990 � y � p NOTARY PUBLICCALIFORNIAperson(s) acted, executed the instrument. 91ORANGE COUNTY ro JL comm. expires Feb. 27, 2008 WITNESS my ha and official seal. 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA.-JE OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUNIENT SIGNER(S) OTHER THAN NAMED ABOVE "Co KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 12861 First National Insurance Company of America Safeco Plaza Seattle, WA 98185 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************SERGIO BECHARA; CLOE BIERMAN; REBECCA HAAS-BATES; WILLIAM SYRKIN; JOAN M. WYNN; LEONARD ZIMINSKI; Irvine, its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of October 2006 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th S-1049/DF 4105 day of August 1 2007 ,A,Aa/t:c/ J I � jl� -)- f�'/� STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF 5'7A7'F_ OF California C:OC/NTY OF Orar On 08/09/07 PERSONALLYAPPEARED SS. before me, ,R. Haas -Bates, Notary Public William Svrkin personally known to me kax as �i s x XXk&gX) to be the personk) whose name(x) is/xw subscribed to the within instrument and acknoscleclged to me that he%s*o{hexetecuted the same in his/I rkouthorized capacity( ), and that by hislkw*bnq- si,gnantre(•jl on the instrument the person(sk, or the entity upon behalf of which the person( acted, executed the instrument. 1•147'.VE4.S my hand and official seal. *1 R. HAAS-BATES C 0 COMM. # 147, 3 NOTARY ct KIC-CAI WOMAQ b2 ORANGE COUNTY Ei . COMM. EXP.1>hARCH 2 2008 This area for Q ficial Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL_ ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OE PERSON(S) OR ENTITY(IES) TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV stol) ALL-PURPOSE ACKNOWLEDGEMENT RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: S ri Freidenrich, City Tre urer �i FROM: 9�f DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and arranty Bond No. 1 1 7- �-) 47%2 Re: Tract No. CC No. X� 1(62 MSC No. Approved -"'Agenda Item No. (Co ncilAppr al Date) �� /l0� M City Clerk Vault No. � _ 6/ s/Vs i�39 #27 g_/followup/bondletter_doc HONDCOM-01 YAK ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 819/2007 rr) IRODUCER (888) 825-4322 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION �owermaster & Associates f '.O. Box 6026 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10805 Holder Street - Suite 350 Cypress, CA 90630 INSURERS AFFORDING COVERAGE NAIC # INSURED Hondo Company, Inc. INSURER A: Landmark American Insurance Co. 2121 South Lyon Street INSURER B: Golden Eagle Insurance Corporation Santa Ana, CA 92705- INSURER c: RSUI Indemnity Company INSURER D: f_nlIPPAMPC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD* TYPE OF INSURANCE POLICY NUMBER POLICY EFFEDCTIVE POLICY EXPIRATIONLTR DATE (MMIDDIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FRI OCCUR LHA131680 6/1/2007 6/1/2008 AGE "RFNILD PREMISES Eaoccurence $ 50,00 MED FRCP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 POLICY X PRO- LOC B AUTOMOBILE X LIABILITY ANY AUTO BA8286843 6/1/2007 6/1/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS 7Y�� ' )_V A 1 T Q ii�B idyl D v/ BODILYINJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,00 C X OCCUR CLAIMS MADE NHA219058 6/1/2007 6/1/2008 AGGREGATE $ 2,000,00 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STAT.f OTH- T RY LIMITS ER, E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. DISEASE - FA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 10 day notice of cancellation due to non payment of premium Re: City Entry Node Sign Project City of Huntington Beach, its agents, officers and employees are additional insured with respect to general liability per attached RSG15017 0307 (1185) form. They are also the additional insured with respect to automobile liability. GtKIIrtcAlt MULJJtK City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92684- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILD01516MYN&Mb MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, K)tVJMld(DEDLifftVW"LL AUTHORIZED REPRESENTATIVE ACORD 25 (2fin1ln81 1301 HONDCOM-01 YACA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) y From: Christine Smiley To: 17143741573 Page: 2/2 Date: 8/23/2007 3:50:28 PM Hondo Company, Inc - Policy #: LHA131680 LANDMARK AMERICAN INSURANCE COMPANY , This Endorsement Changes The Policy. Please Read it Carefully. ADDITIONAL INSURED BLANKET -- PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE _.. ._.._..................... �_ _..........._ _.._._. _....._.. __.....,w , filams of Person or Organization: ;City of Huntington Beach, its elected or appointed officials, agents, :officers, employees and volunteers. -------------------- --• A. SECTION 11 . WHO IS AN INSURED is amended to Include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodly injuryr'. `property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations or "your work" for the additional insured(s) designated above. B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by lhls policy. This endorsement effective 06/01/2007 forms part of Policy Number LHA131680 issued to HONDO COMPANY, INC. by Landmark American Insurance Company Endorsement No.: RSG 16017 0307 Includes copyrighted material of Insurance Services Office, Inc. 1984 (1185) with its permission CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-09-2007 GROUP: 000045 POLICY NUMBER: 0007925-2007 CERTIFICATE ID: 119 CERTIFICATE EXPIRES: 01-01-2008 01-01-2007/01-01-2008 CITY OF HUNGTINGTON BEACH SP JOB:CITY ENTRY NODE SIGN PROJECT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �_ THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MICHAEL WOODS PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - ROBERT LLOYD SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-1999 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER HONDO COMPANY, INC 2121 S LYON ST SANTA ANA CA 92705 IREV.2-051 SP APPRR S TO FORM ' .,.:TE. RATIO, City Attorney [B15,SCI PRINTED : 08-09-2007 SP E. 2001AL31 PM12:39 OF UNSUCCESSFUL BIDS CC-1316 CITY ENTRY NODE SIGN PROJECT :o E. CENTRAL PARK AVE. kNAHEIM, CA 92802-1472 (714) 2 84-0500 p - r 114 c 2001 JUL 31 PH 1: 25 (J'IFY OF H u 4m T iN �T 0 9 F -A C K I "SEALED BID" for the CITY ENTRY NODE SIGN PROJECT CC1316 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 29, 2007 BRAVO SIGN & DESIGN 520 E. Central Park Ave. Anaheim, CA 92802 RE:CC-1316 — City Entry Node Sign Project Enclosed please find your original bid bond for CC-1316. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure g: /followup/cas hcont/retu rn bidbond. doc Sister CiEM-�eAf161,)apan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) SECTION C PROPOSAL for the CITY ENTRY NODE SIGN PROJECT CC 1316 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 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 AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant; expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 �ImjhD in the amount of $ M076 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: -2.3-07 Mediagrif 7/23/2007 2:11 PAGE 002/002 Fax Server This modification does not change the Engineer"s Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 23, 2004. Company Name By 13 ►' s be5 I q ►-� n C / Date 7 _ Z ?> — b —7 All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CITY ENTRY NODE SIGN PROJECT - CC 1316 July 23, 2007 Notice To All Bidders: Please note the following clairification to the Project Plans, Specifications, and Special Provisions: 1. Contractor License Requirement The contracting party shall hold either a General Engineering Contractors License "A" or a General Contractors License "B" in accordance with Business & Professions Code, Divison 3, Chapter 9, Contractors, Article 4. Classifications 2. Prevailing Wage Requirement Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages fore each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Indeustrial Relation of the State ofr California. 3. Design Professional The graphic designer for this project is Graphic Solutions. Fabrication Arts, a subsidiary of Graphic Solutions will not be bidding this project. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one, dated April 8, 2004. Brave Sikh S 45(fs ►� iMe Company Name -7- 23 -0 -7 Date By F:;'rak-Ik-, F 1 0 All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. Mediagrif 7/23/2007 2:11 PAGE 001/002 Fax Server Date: 7/23/2007 7:50:53 AM From: City of Huntington Beach, Todd Broussard Subject: Addendum 1 To: Debbie Fiore - Bravo Sign & Design Fax: 714 2840300 Phone: (714) 284-0500 Project Information: Project Name. Entry Node Sign Project, CC1316 Project 4: Location: City of Huntington Beach Public Works Department 2000 Main Street Tel, (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CITY ENTRY NODE SIGN PROJECT - CC 1316 July 23, 2007 Notice To All Bidders: Please note the following clairification to the Project Plans, Specifications, and Special Provisions: 1. Contractor License Requirement The contracting party shall hold either a General Engineering Contractors License "A" or a General Contractors License `B" in accordance with Business & Professions Code, Divison 3, Chapter 9, Contractors, Article 4. Classifications 2. Prevailing Wage Requirement Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages fore each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Indeustrial Relation of the State ofr California. 3. Design Professional The graphic designer for this project is Graphic Solutions. Fabrication Arts, a subsidiary of Graphic Solutions will not be bidding this project. CITY ENTRY NODE SIGN PROJECT, CC1316 BID SCHEDULE .XEgt::ES 1.Mat...:::.::::::::::ZtElli:il'1�I1:111}1 i7Ce::........................................................................... ..............P........................................................................ %1`Cll ed:: ..................... Q.......n`. ......................................................................................... tt ii :iii::::::::...........: ..................................................................................... C fift.: Trice 1 1 Fabricate and Install Sign "B" @ Bolsa Chica St. each @ Dollars $ $ 5540M_ Cents Per each 2 1 Fabricate and Install Sign "A" @ Goldenwest St. each @ Dollars $ 01 � $ —1 — Cents Per each 3 1 Fabricate and Install Sign "C" @ Warner Ave. each @ Dollars $ $ J ?3 Cents Per each 4 1 Fabricate and Install Sign "B" @ Adams Ave, each @ Dollars $ '34 CM $ 34, MA - Cents Per each 5 1 Fabricate and Install Sign "D" @ PCH/Warner each @ Dollars $as, CM $ 55, Cents Per each 6 1 Fabricate and Install Sign "C" @ PCH/Brookhurst each @ Dollars $ -33 5M $ 5 Cents Per each 7 1 Fabricate and Install Sign "A" @ Beach Blvd. * each @ Dollars ,,ff�� $ (1' 0 Cents Per each * Items 5, 6, and 7 are within State right of way. Permits have not been secured for these signs as of bid time, therefore a separate Notice to Proceed may be issued for these items. Prices for these items shall be good until December 31, 2007. The City reserves the right to remove any or all of these items prior to issuance of the Notice to Proceed for these items, without compensation to the Contractor. I) Total Amount Bid in Figures: $ -3 I Lq 2-,C)o i b® (I Total Amount Bid in Words: --------- ---- - -------- --- Jf---------- -- --- --------------- _...----------- --- cvz C-1s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class ± 1-7, T 8 9 7` 7 O /s "^ b z- scj -_ Q� Le Sub C4 zl / cb S 3 a / C , 4 - Wa- ir owar r va S 3 � zca✓ c By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. 02 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 9- L-. Fl696�7 , being first duly sworn, deposes and says that he or she is %'9E5 /c�F/Cl'r of %t/O .S'ibry<og �6�! t the party making the Foregoing bid that the bid is not made in the interest of, or on the ehalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ��o 54,&) � 405S-/Gnu Name of Bidder S'gnature o i er -570 16-1 / fib el Address of Bidder AA)A-f�1M �f54 d1 Z`SOZ Subscribed and sworn to before me this �ffD day of � , 20p2. NOTARY PUBLIC CONNIE L. CHAFFINS rn NOARY^PUBlIC7CALI"' A vJ ORANGE COUNTY MY Comm. Exp. JUNE 19, 2wORt NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CITY ENTRY NODE SIGN PROJECT, CC 1316, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7-3)--o7 $5(-a"t o Contractor Frci Y-) k F o r c ME Owhe Y-- Title 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? L3 Yes �(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. �ro`ya si,�► n t ��.� h l nc Contractor t-,^q h IC i o re 0Vtith-( r' Title Date: `7 -3 / " 10 7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: -Br-ago Si.c �R�l By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r'ayO i! hC Bidder Name 52,0 E C ek-? Business Address P-t_o kLa�,' h--1 9 2- 8 o z City, State I Zip (7lq ) 1.82f-0 o0 7/28Li-030 Telephone Number (p9139/ g2 A State Contractor's License No. and Class - /-/ /,q Z, Original Date Issued 14/30/0;S Expiration Date The work site was inspected by of our office on 7/0-5 , 206.7 The following are persons, firms, and corporations having a principal interest in this proposal: 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. 8rcl JnC F,-GAn% L. F/'oJ"e Printed or Typed Signature Subscribed and sworn to before me this 10 day of , 200,E . y CONNIE L. CHAFFINS N CoMM.# 1752182 'n NOTARY PUBLIC -CALIFORNIA N ORANGE COUNTY MY Comm. 601 JUNI ill 2011 NOTARY PUBLIC 77 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: C C>-9 lQ '�e w o eo C/ Name and Address of Public Agency Name and Telephone No. of Project Manager: M0 k W 1'41? k- o w S 'C-z-94o(0- 9??/ °/ yJ 80 O i /r) s l'� / l S.'9nS //-Z.--o �o Contract Amount Type of Work Date Completed 2. .0, % i--/ CD -/- ,a,- /m d a /t- -- 14Name and and Address of Public Agency Name and Telephone No. of Project Manager: L hn �;/�' d e� Z4- 3S'/- 8o U motiti.t1qC2C4 359, o0 o ce)r,Ck-e h �01-?Q 3 5/ `jh P,^ Olc� t1'qpri �/-/ b Co Contract Amount Type of Work Date Completed 3. (2g / S �-g %P 1.So�rl�ngtleZ /IS Name and Address of Public Agency Name and Telephone No. of Project Manager: `J ol) k--- s 3 / C- 2 80 V Lc) o CIO Contract Amount Type of Work Date Completed ACORD CERTIFICATE OF LIABILITY INSURANCE o6/27/20 6 PRODUCER (949)261-S33S FAX (949)261-1911 Tutton Insurance Services, Inc. 2913 S . Pul 1 nlan St . Santa Ana, CA 9270S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bravo S gn & Design, Inc. S20 East Central Park Anaheim, CA 92802 INSURER A: Peerless Insurance Company DS INSURERB: Golden Eagle Insurance DS INSURERC: Clarendon National KR INSURER D: INSURER E CnVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOIL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 07/01/2005 POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE f X] OCCUR CBP9S17579 07/01/2006 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,0001 MED EXP Any one person) $ S,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYF_j PRO LOC JECT PRODUCTS - COMP/OP AGG $ 1,000.00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CBP9S17579 07/01/ZOOS 07/01/2006 COMBINED SINGLE LIMIT (Ea accdent) $ 1,0W,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ S B EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ CU9888766 07/01/2005 07/01/2006 EACH OCCURRENCE $ 11000, 00 AGGREGATE $ 11000,000 $ $ $ C WORKERS COMPENSATION AND EMPLOYER$' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? SPEdescribe under CIAL PROVISIONS below 03KR0028S98 07/01/2005 07/01/2006 X STATU- 0 g- E.L. EACH ACCIDENT $ 1, OOO, OO E.L. DISEASE - EA EMPLOY $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, oO OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRO SIONS ichmond American Homes of California Inc is named as additional Insured per the attached ECG602.This insurance is primary and non-contributory per the attached GECG827A. L waiver of Subrogation applies per attached GECG 602. CERTIFICATE HOLDER CeNCFI I OTInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Richmond American Homes *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn • Melissa Herrera BUT FAILURE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR LIABILITY 1305 Corona Pointe Crt OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Corona, C4 92879 AUTHORIZED REPRESENTATIVE Stanley Tutton SUSAN ACORD 25 (2001/08) OACORD CORPORATION 1988 B vo SIGN DESIGN REFERENCES Thanks for this opportunity to assist you with your sign program. Our previous clients and jobs completed are our best representatives. Following is a list of references for projects, which we have successfully completed: Project -- City of Lakewood Entry Signs .................................................... BellflowerEntry Signs................................................................ BurbankLibrary .......................................................................... Carlsbad Streetscape................................................................. Crystal Cove State Park............................................................. Brand Boulevard Graphics......................................................... Irvine Entry Monument............................................................... NormaGibbs Park...................................................................... Monrovia Park Signs.................................................................. Moreno Valley Fire Station......................................................... Norwalk Entry Monuments......................................................... SamAlba Park........................................................................... Palmdale Civic Center................................................................ San Juan Capistrano Sports Park .............................................. Santa Monica Pier...................................................................... TemeculaCity Hall..................................................................... YorkField Park ................................................... ............ I............ Owner City of Lakewood City of Bellflower City of Burbank Park & Recreation City of Carlsbad State of California City of Glendale City of Irvine City of Huntington Beach Public City of Monrovia Agencies City of Moreno Valley City of Norwalk City of Ontario City of Palmdale City of San Juan Capistrano City of Santa Monica City of Temecula City_of Whittier Turtlerock Crest.......................................................................... Optimum Property Management San Dimas Business Center ...................................................... Mid Valley Management Property Avian Court................................................................................ Simplex Realty Managers Kilroy Realty Property signage................................................... Kilroy Realty, Riverside Otay Ranch Schools #1 and#5.................................................. El Segundo High School............................................................ Lawndale High School Marquee ................................................ Upland Schools Modernization................................................... Foothill Elementary School......................................................... Santa Monica High School......................................................... IKEA, Bakersfield....................................................................... Ventura Juvenile Justice Center Monument Sign ...................... Orange County Performing Arts Center ..................................... Pepperdine GSMB Monument Sign ........................................... Big League Dreams Sports Park, Chino Hills ............................. Mission District, San Gabriel ...................................................... Poinsettia Park, Carlsbad........................................................... San Antonio Hospital, Upland .................................................... Time Warner, Chatsworth.......................................................... ChinoHills Park.......................................................................... Huntington South Beach Entry Monuments ............................... Anaheim Convention Center Custom Plaque ............................. Sky Ranch Monuments.............................................................. Black Gold Golf Course Clubhouse & Monument ...................... Coto de Caza Bronze Plaques ................................................... Chula Vista Elementary School District El Segundo School District Centinela Valley School District School Inland Empire Builders Districts Skidmore Construction SJ Amoroso Pepper Construction SJ Amoroso Center For The Performing Arts Pepperdine University Ace Engineering Gentry Bros. L R Hubbard Construction General Laird Construction Contractors Time Warner Communications Terra Cal Construction Valley Crest Construction Hensel Phelps Riverside Construction Belaire West Landscape Lennar Homes Bravo Sign & Design is a licensed, bonded, insured contractor with 15 years experience as a leader in the sign industry. BRAVO SIGN AND DESIGN • Phone: (714) 284-0500 9 Main Fax: (714) 284-0300 • License # 641391 BID BOND KNOW ALL BY THESE PRESENTS, Tbat we, Bravo Sign & Design, Inc of 520 E Central Park Ave, Anaheim, CA 92802 ((Hereinafter called the Principal), as. Principal, and Developers Surety and Indemnity Company (hereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent Amount of Bid Dollars ($ 10% Amount of Bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrritors, successors and'assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to tine Obligee on a contract for Enpy Node Sign Project- Fabrication & Installation of 7 Monument Signs NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligm- for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed ibis 30th day of July f 2007 Sign & Desi n, Inc (Seal) -'�W — . f . 2n N Principal Witness ��_ Title Developers Surety and Indemnity Company Witness By----- Christopher A. Lydick Attorasy-in-Tact POWER OFXFTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINF., CA 92023 (949) 263-3300 KNOW ALL MEN 13Y THESE? PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Christopher A. Lydick, Melody L. Apaur, K.A. Eby, Timothy C. Baker, jointly or severally*** as their true and lawful Attorneys) -in -Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surctvship giving and granting unto said Attorneys) -in -Pact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY .AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1, 2000: RESOLVED, that the Chairman of due Board, the ['resident and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attornev(s) named in the Powers of Attomev to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WI rNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st clay of December, 2005. 1 ,...AND " ?ANY By David H. Rhodes, Executive Vice -President Walter A. Crowell, Secretary SLATE OF CALIFORNU\ COUNTY OF ORANGE GO POq, yJ��`D�PORgOCT T.ly': OCT. 5 d' 10 a-, 1936 ,3 1967 o c Ott December 1, 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is -are subscribed to the within instrument and acknowledged to me that he%she/they executed the same in his/her/their authorized capacity(ies), and that by hisfheNtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 67"a I� - .- .0 01 . 1 11 11 . - GINA L. GARNER a COMM. # 1569561 ( SEAL, 3 NOTARY PUBLIC CALIFORNIA .t ORANGE COUNTY CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the tbrcgoing Power ofAttornev remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set birth in the Power of Attorney, are in force as of the date of this Certificate. .tom Cory, This Cenificate is executed in the City of Irvine, California, the 3a—r day of _wI- Zoo r 1 Y 13y—_-- Albert Hillebrand, Assistant Secretary ID- 1 3,0 ( Rev. 12/05 ) State of Califorrli County of �l 5S. On U` -1 /:W_6 7 , before me, �7 Date Pridfed Name of Notary Public personally appeared Printed Name(s) of ❑ personally known to me - or - proved to me on the basis of s �form(s) of identification _ ❑ credible witness(es) to be the person(s1 whose name} is/ate-subscribed to the within instrument and acknowledged to me that heiqe{4ey executed the same in his/her/theill authorized capacity, and that by his/fir signatureW on the instrument the person(), or the entity upon behalf of which the persorrfs) acted, executed the instrument. K.A.toy WV. COMM. #1487"1 Z otary Public • lralifotttia Q Riverside CouAtyC.mn. fxp)res. 4. (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑j Other m Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re -order, call toll -free 1-877-349-6585 or visit us on the Internet at http//wevvv.thenotaryshop,com