Loading...
HomeMy WebLinkAboutINSPECTION ENGINEERING - 2003-12-15City of Huntington Beach [OLD INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: November 23, 2004 SUBJECT: Retention Release Payment Company Name: Inspection Engineering Construction, Inc. Address: 2973 Harbor Blvd., Suite # 516 City, State and Zip Code: Costa Mesa, CA 92626 Phone Number: (714) 240-9272 Business License Number: A218498 Exp. 12104 Local Address: Same as above Notice of Completion Date:11/9/04 Contract Purpose: Release of remaining 10% money to contractor from Cash Contract No.1205 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. certify that no stop notices are on op the 'e is time. to Robert F. Beardsley, Public Works Di I certify that there are no outstanding invoices on file. Date �.0 A ey, ate° . (14 1 I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. , / 3a D ate oan L. Flyn Clerk Reten. Release.doc 11/23/2004 1:12 PM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 - 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder I!ili!fill'IIIIi1Il�lllili!lll�llf!ll11141lllll11 iNO FEE 2004001006499 10:51a m 11 /09/04 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: 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 Inspection Engineering Construction, Inc. who was the company thereon for doing the following work to -wit: TRAFFIC SIGNAL IMPROVEMNTS AT EIROOKHURST 1 GARFIELD, CC-1205 That said work was completed October 18, 2004 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 October 18, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Lincoln General Insurance Company was surety for the bond given by the said company as required -by law._ _�� — --- - - -- -- — This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 2, 2004. 8 Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, 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 November 2, 2004. Director of Public Works City Engineer City of Huntington Beach; California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) N4.059-TITLE PAGE (R7.195) 6 City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, -CA 92648 Subject: Certification of Compliance with Title Vil of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED ASTT tOr-FORM: 'ity Attorney �1117 1ilr�•a� POP APPROVED AS TO FORM Tar 1FER McOI ATH, CityAacrosy eSutton% city Attorney i z1 Y f 0-3 g:followcplcashconticashconl .doc :!• DECLAMATION OF SATISFACTION OF CLAMS ��t� •-` �, ?- Cwjf _ _ �, state: (Name of Contractor) 9. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: CC - and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California, (if none, state "NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at (os on this ZZ- day of O , 20 e� (Location) (Signature of Contractor) ROVE AS TFOk. CityAttorutr} Apl?P.Ovi:.DAs TO FQR�vI ;ENNIFSR MoGRATH, C*Altomc7 rJ�n+w.ir:«w 11� G fta;ah Sutton 7.rg:followuplcashconticashcon2.doc Cit ruffV PROOF OF PUBLICATION STATE OF CALIFORNIA) - ) SS. County of Orange ) i am a Citizen of the United States and a With the provisions`or, ,t SEi11ONA the California Govern.I NP I(EHIVITINGSEALED �mant cede, Section resident of the County aforesaid; I am �!' BIDS' 'h I 90. The Contractor. Siall be beneficial owner over the age of eighteen years, and not a for the TrflHllSigmlof - : I Braohhfird&Garfield ", ei the surety and shall Hleeleve interest party-yar}�! to or interested in the below IUNCONTBACTNo.1205 I.'!The n."any- AGENCY hereby) IBt6 CITY OF - I affirmatively ensures entitled matter. I am a principal clerk of I HIINTLNGTONBEACH that enterprises business - t the HUNTINCTON BEACH INDEPENDENT a I +PUBLIC NOTICE IS HEREBY GIVEN that the afforded full opportunity to submit bids in ra-' to this aper newspper of general circulation, printed . EA F HUNTINGTON 'BEACH, as AGENCY, . spouse notice' and will not be dis-� and published In the City of Huntington I'inyites sealed bids for the above stated' tre basis against on the basis of race, color, C Beach, County of Orange, State o f projects and will receive such bids in the office national origin, ancestry, sex, or religion in any) dbnsideralion leading tot California and that attached Notice is a of the City Clerk, Second Floor, Street,', . (bNo true and complete copy as was printed Huntington Beach,' Cali- gtan Beach,' I hour 92646, up m the' hour of � 2:00 pm on • be'ct. bid shallof rNo bid shall be con-; s epareered unless it is! epared on the ap., and published in the Huntington Beach , November 25. 2003. Bids will be publicly opened I ipoved Proposal terms conformance with the) to Bidders. and Fountain Valley Issues of said f+� the Council Chambers !�i+lessothof Instructions 4The -bid must heJ accompanied by a'cer-] the Plans,. � .Copies of the Plans,! newspaper to wit the issue(s) of: icentr Specifications, do ume andj1 bidder's bond dried check. c'sbondi Check, contract documents are ia'vailable from the Office] _ or made payable to the; of the Director of Public "2000 VENCY. for an amount - Works, Main,' 1Streat, •Huntingtonij qa less than;l0% of the] amount bid. The suc-I November 5, 2003 Beach. CA 92648, upon' 6yment of a. 5,0f.. eessfuf bidder shall be' provisicins.in a nce November 13, 2003 .nonrefundable _ fee picked up, or payment of the Esiness and Profes-- November November 20 2003 dt a $35.00 nonrefund- 1 &In fee if ma !led. pions. -Code and" shalli possess a State Con - Any contract entered into pursuant to this • License Class at the time of the bid! mitice will incorporate ` of the opaning. The successful Contractor and his I declare, under penalty of perjury, that +the provisions state Labor Code. Pur• Subcontractors will be the foregoing is true and correct. the provisions I of the Labor Code of the Labor squired possess. nses from business licenses State of California, the minimum prevailing rate.' theAGENGY. The AGENCY reserves ' of per diem wages for Ile right to reject any, I each craft, classification or type of workman a all bids, to waive any. irregularity and to take Executed on November 20 Znn3 needed to execute the contract seal{ be those MI bids under advise-1 Tent for a maximum, at Costa Mesa California. de determined by the riodof60days. B j Director of Industrial 4 Relations the State Y ORDER of the CITY GOUNCIrol1he CITY OFI of of California. which are an HUNTINGTON BEACH) ' Me at the Office of the CALIFORNIA, I Director of Public Works, the 20th day of October, 2003. 2000 Main Street, Hun- t�ngton Beach, CA 92648. Attest: Connie Brockway I 1 .rTh. AGENCY will de- duct a 10% retention � CITY CLERK . OF THE from all progress pay. ; CITY OF HUNTINGTON OEACH niants. The Contractor �l �.itiay substitute an es• I crow holder surety of I I Published Hantingtor' lbach Independent No ignature Iequal value to the. t.member 6,t3,20,2003i rgtention_in_accordanceJ _ 111-84' RECEIVED BY: ". � 3 M S) OL 01 A^ (Name) b - / a - OL( (Date) W 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 FROM:�L%Z DATE: O SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. �Jsi�C7-2 (Company Name) ,z�a-- // A/ 6,3 MSC No. Approved 1'.5-1,6& Agenda Item No. (Council Approval Date) City Clerk Vault No. ., #27 gJfollowup/bondletterxioc f� ,C*ofn Genera Phone 717-757-0000 Fax 0717-751-0165 "WWW"YFF 3350 Whiteford Rd., P. O. Box 3709, York, PA 17402-0136 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That INSPECTION ENGINEERING CONSTRUCTION, INC. as Principal, hereinafter called Principal, and LINCOLN GENERAL INSURANCE COMPANY, a corporation of the State of PA as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of THIRTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE & 00/100---- Dollars ($32,875.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for TRAFFIC SIGNAL MODIFICATIONS AT BROOK rJRST & GARFIELD; CC-1205 . In accordance with drawings and specification prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the owner. Whenever Contractor shall be, and declared by Owner to be in default trader the Contractor, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract.in accordance with its terms and conditions, or (2) Obtain. a bid or bids for completing the Contract in accordance with its terrns'. and: conditions; and .upon determination by Surety of the lowest responsible bidder, -or;.if the Owner'elects, upon determination by the Owner -and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. "Any suit under this bond must be instituted before the expiration of twenty-four (24) months from the date on which the right of action accrues, but if this provision is prohibited by any law, then it shall be deemed to be amended so as to be equal to the minimum period of limitation allowed by such law." No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 25TH day of MARCH, 2004. INSPECTION ENGINEERING CONST., INC. Title Band No. 66112163 LINCOLN GENERAL INSURANCE COMPANY TAMRA J. ANDREDE T Attorney -In -Fact APPROVED AS TO FORM JENNIFER McGJRA2TH, CityAttoraey H e u onr y� uty City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State. of CALIFCMUA County of CRANGE Qn y before me, TMTRAM JAMM PRr1' MRD, .-NO"r`�RY SIC - DATE - - - - - NAME, TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUSUC' - personally appeared TAMRA J. AND= NAME(S) OF SICNER(5) �I personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(N) whose name(X) is/aft subscribed to the within instrument and ac- knowledged to me that bmr1shehdW executed the same in NWher/fil M authorized 3ERTRAMJ.PRITCHARD capacity(), and that by 1�/her/ *" COMM. # 14d4142 Notary Public -California N Signature( on the instrument the person(t), Orange county +„T M Comm. Expires � or the entity upon behalf of which the JAvuARy2o,2oaa person(g) acted, .executed the instrum'e.nt. WIT :aa nd official seal. NATURE OF NOTARY - - - - OPTIONAL No-5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL L� ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7164 Ztarn ujw%a Phone 717-757-0000 Fax 0717-751-0165 <#> . r ✓ 3350 Whiteford Rd., P. O. Box 3709, York PA 17402-0136 BOND NO. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY OF HUNTINGTON BEACH, hereinafter designated as "Obligee", has awarded to INSPECTION ENGINEERING INC.,hereinafter designated as the "Principal," a contract for the work described as follows: TRAFFIC SIGNAL MODIFICATIONS AT IIROOKHURST & GARFIELD; CC-1205. WHEREAS, said Principal is required by Chapter 3 (commencing at Section 4200) Division 5, Title i of the California Government Code to furnish a bond iri connection with said contract; NOW THEREFORE, we, the Principal and LINCOLN GENERAL INSURANCE COMPANY. as Surety, are held and firmly bound unto the Obligee in the penal sum of THIRTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE & 00/100 Dollars (S32,875.00), lawful moacy of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators. successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to such work or labor, as required by said Chapter 3, Division 5, Title I of the California Government Code, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is. brought upon this bond, such reasonable attorney's fees, as shall.be fixed by the court, awarded and taxed as in the above mentioned statute provided. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1192.1 of the California Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 25TH day of MARCH, 2004. INSPECTION ENG! vEI-:RING, INC. APPROVED AS TO FORM JENNIFER McGRA.TH, City Attorney By B rah Sutton y'ZZ-aY ty City Attorney LINCOLN GENERAL INSURANCE COMPANY . By —ESLyy & T_ JA CjjLt d A_ TAMRA J. ANDREDE Attorney -In -Fact Bona No. 66112163 AS 1-029 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of CRANM On 3 � S 1 d� before me, MMTP M JAMB'S PR.ITCHARD, IOARY -P[�IC , - ^DATE NAME, TITLE OF OFFICER - E.G., -BANE DOE. NOTARY PUBLIC - personally appeared TAMRA J- AZVD' No. 5907 NAM PS) OF SIGNERS) $] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(N) whose name() is/aft subscribed to the within instrument and ac- knowledged to me that lxu/sheq executed the same in /her/ir authorized az-ov20,20os l7CHARDcapacity(), and that by l�dher/icet 1464142 signature(} an the instrument the person()lic-California N Coun or the entity upon behalf of which the '`b person(g) acted, executed the instrument. WITH S rn n in icial seal. - - - _ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuabie to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITI.E(S) ❑ PARTNER(5) ❑ LIMITED GENERAL C� ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSEFIVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMM(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • UW Remmet Ave., P.O. Box 7184 • Canoga Paric, CA 91309-7184 • Bond No. 66112163 TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms- of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of -covered terrorism losses. exceeding a statutorily established deductible to the insurance .company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise- be excluded by the terms of - this bond. SU 0009 12 02 0 LINCOLN GENERAL iN5URANCE COMPANY P®Vi M OF ATTORNEY KNOW ALL MEN BY THESE RRRsFitm: That Lmcnin Cmest tns►mce Company, mgmind and adsting by Vfftm of the Laws of tire' Commnwealth ofPc rosylv®ia, does hereby noahate, consdtmte and naaoint Tamra J. Andrede its true and law W to MV4 sal and a u=v. for and on its behalf as eutety, bands, cgs, and aiha obligatory Wmanmts of similar mat= in an amount not to exceed Three Mon Dollars {h3400,OM and W bind it thereby as My and to the same ocnmt as if such inetrwueam uses. sued by a duly audunized ofl[w of the oorporztion, and all the acts of said Attorney, puraus it to the authority hereby gives are hereby ratified and confined. RESOLVED that this Power of Altmney is granted and is sigaed, staled and notarized with fa a signs tress and seals under authority of the following resolutions adopted by the Board of Directors of Lb=oln General Insurance Company on the Vh day of Scpt�, 2002. RESOLVED that the President, an Execttive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby of thorb d to exearft Power. of Attomey appointing the prrson(s) noted as Antmney(s)-in-Fact to date, exetam, sign, seal and deliver an behalf of the Company, f daUty and anety bands, undertaldgp, and other similar contracts of ma dyahip, and any related done um RESOLVED FUR71MR that the signatures of the of6aers nalozrg the appoinh=t, and the signature of any officer certifying the validity and umse, t status of the appointment, maybe facsimile moss of those and the a4pMure and seal of say nosy, and the seal of the Company, may be fer*Ma rapresentaidow of those sigaahum and seals, and such fa representations of those sigh and aenk, and arch faaranile rgvesamntations aball have the same fotoe and effect as if manually aiinmd. Tire f>ucirmile rgrrasemt Woes raf:;rred to herein maybe affixed by swmpio& prhitmg, typing, arph pyWg IN Wrly BSs WHEEIiEOF, Lincoln Genera] Insurance Company has can its eorp to fit ere psnscrits to be signed by ita duly authorized offerer Ws 4th -dayVi� 2001. Gay The Co monweatth of Pennsylvania York: County Z �tS`'' 1977 ;oC On this 4th day of Sqftnber, M02, be%r , t + G Bhowani, to me known. who being duly sworn, did depose and say: tdat he is the President of the Coup i4Y4 ppio! la oad which crtccarfad the above hultrvmemt: that he Immws the seal � to the aforesaid inert to soul corporate seat and was aT=W therein by ordrt sad antho * of the Board of Directors of raid Company; and that he exemited the said insnnraant by lice order and andwity and rite saute was his free act and deed. _ Notarial S" The COMMMMEWtb of Pennsylvania Cettrarirs Mafia t.o=8- tW York Googly t1Ay Co� .lotto 1 Notary i, Gary Chudor$ S=etary of Lumin Graaal lnsmm= Compeny, a corporation of the CormaanweaM of Pennsylvan& do hereby certify that the above and t'baWing is a frill, m e and cornet copy of Powerr of Anmaay ismed by said Cry, and of the %*ok of the original and that the said Poore: of Attdmey is still hi &H three and effact and has not been revoked, and 8udnmmore that the Resoh mm of the Board ofDiredws, set itth in Ste said Power of Attomay is now is fovea IN Wl'PI m Wmwp, i have hereunto se my hand and a$"nee d the seal of said Company, at York, PeeQaykv=* this 25th dqyof March _. _?.U4 _Kuerrr,._ —,n Bond No. 66112163 .CD z 1977� OJ L • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 30, 2004 Inspection Engineering Construction CIO Mr. Jamal Deaifi 2973 Harbor Blvd. #516 Costa Mesa, CA 92626 Re: Traffic Signal Modifications at Brookhurst and Garfield — CC-1205 CALIFORNIA 92648 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 Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the Droiect 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 Public Works Department at 536-5432. Sincerely, d�� OW10dwtt- Connie Brockway, MH[C Y City Clerk CB:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followwplcashcon hoashcon-letter.doe (Telephone: 714535-52271 City of Huntington Beach' Department of Public Works 2000 Main StreettP.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. True hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (signature and Title) APPROVED AS TO FORM JE IFER McGMTH, City Attorney Sarah Sutton putt' CityAttam y 12 g:followuplcashoonticashcon 1.doc procedure #14 V • DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") 1 declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of (Location) g:followuplcashcont%cashcon2.doc procedure #15 (Signature of Contractor) , 20—. APPROVED AS TO FORM %MVIFER McGRATH, QtyAu,,W Aputygrah SCity Qy 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37, 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR AL 1k0016S[A JZOodS (W vokh`W. if- �jj TABLE OF CONTENTS Pam STATE OF WORK; ACCEPTANCE OF RISK ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 1 i AFFIDAVITS OF SATISFACTION OF CLAIMS I l WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS is IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 • • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 1 Al SPF c. LrCe I CQ,1JS ,e O'CrI e,, Xld C- FOR GG/.104— THIS AGREEMENT ("Agreement") made and entered into this day of 201, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and C .L t4 , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 71tl+r% ;Fc.. S16 ,J/} L AoL)rrZCA7 �� D D �C hriJ 21 T v' 6 AAf-14-" in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, 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:"ciry 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; agredforms:'city consu4-03 2 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 com-4-03 3 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 7;4 J;A T Y - 7&JQ T-M47UJANh Zito Hr Dollars ($ d aZ , �)S �+' }, as set forth Ht,aJA 0 JFv6Wry -FzvE 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 o — X L�2 consecutive 41oftK.£.dl. from the day the d,4ys 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 agreeiforms. city const-4-03 4 0 • 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'Corms city consd4-03 5 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. 8. BONDS 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 consU4-03 6 i 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 FzVr 11&1duj A &1 Dollars ($ per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 consli4-03 7 0 • 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 agreelforms?coty const4-03 8 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. agreelforms!city const/4-03 9 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 r 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 agreelforms/city consd4-03 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 consU4-03 l I 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'formscity 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 0 0 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: I . 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 consd4-03 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 constA-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 % %) 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. agreelforms city consv4-03 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 (S100) 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: ,— ,rgdX 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: � 0 Aff Ed u e- Zg;e J Cl/ --JA 1'%A L b oarT . .2- 9 73 -h'. &A, _�1c- via. .Y J A:� . C D J T.4 ^e. F,4 92 G.Z 6 agree.-forms.!city consv4-03 17 0 • 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 masers 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 agrce'forms/city consu'4.03 18 • shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 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, agreefforms?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 C1TY'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 parry'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 agreefforms-Icity 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 1 municipal corporation of the State of California g�c M or print name ITS: (circle one) Chairman/President/Vice President AND By: �i9 AC_ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer REVIEWED AND APPROVED: City Cd6inTstrator City Clerk xxAo/a APPROVED AS TO FORM: oe City At orney IN APPROVED: Director of Public Works agree'forms!city consu4-03 21 SECTION C ., PROPOSAL for the Traffic Signal at Brookhurst & Garfield CASH CONTRACT No. CC-1205 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN'TINGTOI� 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 :0 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. C-1 • PROJECT BID SCHEDULE HA1205\BID SCHEDALS Item Estimated Extended . No. Quantity Item With UnitPrice Written in Words Unit Price ' Amount,'.:': ..: 1 1 LS Traffic signal modifications @ Brookhurst & Garfield (excluding curb ramp construction) Z��o�,_ @ $ $ Per LS 2 2 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C @ o Per EA 3 2 EA Construct curb ramp per City of Fountain Valley Std. Plan No. 117A Per EA 4 1 LS Survey monument preservation T @ z.• ✓- $ Per LS Total Amount Bid in Figures: Total Amount Bid in Words: ,�� �� _ _ f�• /f «------- C-ls 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 13 d QJ in the amount of $ 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: �j Addenda No. I Date Received Bidder's Signature C-2 • • 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 thefwork to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1.. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is r of , T • e---; e--,. z-xic _ 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. Name of Bidder Signature of Bidder Address of Bidder C c7-r moo- AWd&- co4 ZG Subscribed and sworn to before me this �.15-- day of L1 _-- , 200o--f- . NOTARY PLBLIC NOTARY SHAUN PREMMAN COMM. #1409490 ! NOTARY PUBLIC-CAUFORMIA ORANGE COUNTY My COMM. EXP. April 0, 2007 { C-4 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 Traffic Signal at Brookhurst & Garfield (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: vs�o3 c_- Contractor By Title PI-Zlf 101-�,/ C-5 •. i 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 safer, regulation? ❑ Yes >3"0 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. Date: %/ 7t'e)? Contractor 1—eo� By Title C-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: A/ Contractor By Title Date: %��Z�%� 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. C-8 BIDDER'S INTORMATION BIDDER certifies that the following information is true and correct: ^-,L e' C- . -2-71 C- Bidder Name z473-3 bZ / sib Business Address City, State T Zip Telephone Number T State Contractor's License No. and Class Original Date Issued j3�J ZooS' Expiration Date The work site was inspected by i/At 04—' _.. of our office on 2,3 , 20ODY The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is satisfy the Council of the City of Huntington Beach of its ability, prepared financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of , 200a? NOTARY PUBLIC NOTARY SHAUN PAETTYMAN COMM. #1409490 t . Q F NOTARY P LlaCAIdFORNIA OZ " COIJIyTI' rMy Comm. trR, Apnl 0, QOG7 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: F(C" - Ir Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount 3. Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed C-10 FROM : IEG FAX NO. : Apr. 14 2004 05:06PM P2 A A-m% do pvoodv 40=T AUJ 0 WC9 6 Wl" LNIHO UO adAA trait ter• .,.. • fcm ~ems ..� '&mlldi%" OW Aa! W='3JALIP IhMUVA9 C1FJi 'S WFY nora'eapNoo sr� oc +� �e •� �, iesyae� '•a tcw or ALK3 'TWMWN1 NY d1'V1NUWI'NV M 0090OW AO n!AWW IPGOVIAK& 0 JJ M00V -SL $Nl�1J Q v yp�i NOLL'1�6 �Opb $kOiJ,VtlRddO",lYiUtkiptll'Y? Od iW4 a1+�l1Jd� ►+Q3�b J4F11{'JI"rIM N4r1yii0d1s00 V l 1 1ANe4�iep JW DNiQI:'dtl'IdftiCJJ�iRI 1dv j,�,! � 9S Jdpj 3i11. ANY k10 NCIa 3lW�aorsdaV �►�,�, %33r�5 tt uW�l'1�1C1��14t1�Qar0eNH�.�uR9��NwJVnab3i�J9Nrtnl ': 9= dR i�1Y1� ENV A1{? asara0li I 'J)� 't/ • 23168-28 ENDQREE FILLED in 94 a,w ,14 at eww a ft Slam I# Qwna ARTICLES OF INCORPORATION FES 19 ��OZ ARTICLE ONE The name of this Corporation is: INSPECT ON ENGINEERRgG CONSTRUCTION, INC. ARTICLE TWO The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Lrryv of California other than the banking business, the trust company business or the practice of a profession pem-fitted to be incorporated by the California Corporations Code. �Mh ARTICLE THREE The name and address in this state of this Corporation's initial agent for service of process FAYEK DAFIF 2973 Harbor Boulevard, Suite 316 Costa Mesa, California 92626 ARTICLE FOUR '"Chiawhor.7ed to issue only one class of shares, which sh2l1 be •desiPafcd "corrinion" shares. The total number of such shares that may be issued is 1(}M000. ARTICLE FIVE The liability of the Directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California Iaw. ARTICLE STY The Corporation is authorized to provide indemnification of agents (as defined in Section 317 of the t; orpora*us Code) for breach of duty to the Corporation and its stockholders through bylaw provisions or through ag:ecments with the agents, or both, in excess of the indemnification othemvise permitted by Section 317 of the Corporations Code, subject to the limits of such excess i^dennificstion set forth in Section 204 of the Corporations Code_ Dweu:1 eh-um-i :S, 2,002 DOUGLAS J. FF IBON TE .Incorporator , •{.�'(J1 Ed Wd40:SO VOOZ VT •add : 'ON Xdd 33I : WMA 0 • DATE ACCOUNU G YEAR BEGINS: January 1" DATE ACCOUNTING YEAR ENDS: December 31` 1'LUNC1PAL OFFICE LOCATION After some discussion, the location of the principal office of the corporation for the transaction of the business of the corporation was fixed pursuant to the following resolution, adopted, on motion duly made, second and unanimously carried: RESOLVED: That 2973 Harbor Blvd. #516 , City of Costa Mesa , California, ZIP 92626 Be and the same hereby is designated and fixed as the principle office for the transaction of the business of this corporation in the County of Orange , State of California. QFFICERS A137HORI"LED TO CONTRACT To authorize the officers to contract and obligate the corporation, in the ordinary course of business, the following resolution was, upon motion duly made, scconded and carried, adopted: RESOLVED: That the following officers be, and same hereby arc authorized to sign contracts and obligations on behalf of the corporation: Jarnal Deaifi od Wd40:50 V002 PT ."du : 'ON XbJ 031 : WObd 0 0 MISCELLANEOUS BUSINESS The chairman then asked if there was any other business to come before the meeting_ ADJOURNMENT There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting was adjourned. Jamal Dcaifi, Temporary Chairman Jamal Deaifi, President and Chairman Attest: Jamal Deaifi, Temporary Secretary Jamal Deaifi, Secretary -11- Sd Wde@:S0 VOW VT -add 'ON XU-d 33I : WONJ `/ A \ ACORD. CERTIFICATE C3F LIABILITY INSURANCE L8/19/03 PRODUCER �C1al� HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Auto Commercial Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT 3848 Campus Drive, Suite 102 r �0 y{�tl ALTER HE COVERAGE AFFORDED BY HEAMEND. POLICIES BELOW. Newport Beach, CA 92660. V% 949 263--9933 opek INSURERS AFFORDING COVERAGE NAIL* INSURED INSPECTION ENGINEERING wa>,RERA: WESTERN HERITAGE INS. CO CONSTRUCTION, INC... INSURER a: 2 973 . HARBOR BLVD.. -# 516 rNsuRER c . COSTA MESA, CA . 92626 INSURER o 1714 240-9272 INSURER r< rnveoar_ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 POL]C1ES. AGGREGATE LBAITS SHOWHMAY HAVE BEEN REDUCED BY PAIDCL/3MS. MA ►w TYPE OF IISURNICE POLICY NUMBER POLICV EFFECTIVE RATE POLJCYEXPIRATION [ATEMMem LIMITS GENERAL LIABLLITY EACH OCCURRENCE S 11000 000 X COU"ERCULGENPRALLUBIUfY CLAIMSMAOE FRI OCCUR PREMISES (Es oeamiu] S 50,000 MEDEXPO-myompumN 1 1,000 A X SCP0475194 8/8/03 8/8/04 PERSONAL SACV IMAM 1 1 000 000 Z,X,C,U INCLUDED GENERAL AGGREGATE s2,000,000 PRODUCTS .COMPIOPA= i 1,0001000 GEINLAGGREGATE LIMIT APPLESPER: X POLICY T Loc AUTOIIOBUUABLrrY ANYAWO couelNED awry c Lnur (Ea w5deno : �erpemL),RY ALL OYN W AUM �NEDULEnAU`rOS AP ROVED T F RM.8 HBIED ALMOS NGrr OwIEnAUrGI 1F R MCCiRA . 7C IJ City Attorney BOOILYINNAY �•r•�eew . . PROPERTY DAMAGE 4ARAGE LIABLLITY AUTO ONLY -EA ACCIDENT i OTHER THAN EA ACC i ANYANTG AIITOONLY: AGG EXCES&UMBRELLA LIABILITY fOCCM CI CUUMSMADe EACH OCCURRENCE S AGGREGATE _ s OEDUCTIBLE t REIENT om t WORXMCOW0ISATMNAN0 EMPLOYERS' l�Ien arer FRQPRgT00fflAKTPKPJVMGUM . wCSTATT}a TER' IIAITY 7'OF[Y E.L. EACH ACC 0EW 3 e-L DISEASE - EA EMPLOYEE t q^ry�W..w.y GICLUGm1 Iffra, ".L P11 wd�Y SPECIAL PRON510NS biv+ E.L D15eASE • POLICY LIIIT I OTHER - DESCRIPTIONofopf.RATMINMfIDCATIDNSfVeNCL Sf EKCLUSIONSADDEDBYENDORSEMENT/aPECL1LPROVISIONS ADDITIONAL INSUREDS, THE CITY, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, AGENTS, AND VOLUNTSERS FOR PROJECT: CC 1210 ON 17TH STREET AND PALM AVENUE rca,nmi-ATc unLnFR CAMCFI I ATICIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTON BEACH DATE THEREOF. THE ISSUING INSURER 3Q_ DAYS wRrrrEN 2000 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. HUNTINGTON BEACH, CA 92648 I #J'RFI6lRNY#I4E� AUTHORIZED REPRESENTATIVE ACORD25(2001108) "- CACORDCORPORAT10Ni98a 1 _ POLICY N UMBER: SCP0475I94 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) 711is.endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, IT OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS. ANY OTHER INSURANCE APPLICABLE TO PROJECT SHALL BE DEEMED EXCESS COVERAGE AND THIS POLICY SHALL BE PRIMARY OVER OTHER COVERAGE IN FORCE. (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only. with respect to liability.arising out of "your work".for.that insured by or for you. �[�.i.�,-v�� r�tne���� Y`.���FS'iC�I�C�.Y •-rT �" --•lJ r. CO 20 10 1093 Copyright Insurance Services Office, Inc. 1984 Page I of 1 Policy Number: Date Entered: 11/26/2003 ACORDCERTIFICATE OF LIABILITY INSURANCE DATE pmxvf PRODUCER a atT s insurance, Inc. 791 S.Brookhurst St. Anaheim, CA 92804 (714)956-2222 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 INSPECTION ENGINEERING CONSTRUCTION, INC 2973 HARBOR BLVD #516 COSTA MESA, CA 92626 IN SURER A: PROGRESSIVE INSURANCE INSURER 9: BTATE FOND INSURERC: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHETANOLNG 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 AODL POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LSNITB GENERALLIABLITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR - EACH OCCURRENCE S PREMISES fZ& oecrxenee S MED EXP (Any one perwn) $ PERSONAL 6 ADV INJURY S GENERAL AGGREGATE S _ GEWL AGGREGATE LIMIT APPLIES PER POLICY PRO 1 LOG PRODUCTS - COMPIOP AGO S A • I AUTOMOBILE IJABILrTY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON•OVVNEDAUTOS 01935367-0 j 11/26/2003 - . - 5/26/2004 COMBINED SINGLE LIMIT (En 006ft t) ; 1,000,000.00 BODILY INJURY (P-P—) : BODILY INJURY (Perecddent) s PROPERTY DAMAGE (Per ecciderd) S �� I ...— GARAGE UABiJTY ANY AUTO E AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S S ` EXCESSIUMBRELLALIABILITY OCCUR CLAIMS MADE DEDUCTIBLE s AP VIED AS rjoffffRETENTION TO FORM BATH, C ity Akt racy rr EACH OCCURRENCE S AGGREGATE s ; $ B WORKERS COMPENSATION AND I EMPLOYERS'LLSIUlY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? Ryyaasc SPEC64LPROVISK)N below 1713688-02 i 12/1/2003 12/1/2004 WC STATtl- OTH- TORY LIMITS E.LEACH ACCIDENT $1,000,000.00 E.L. DISEASE -EA EMPLOYEE 1 0 S � � E.L. DISEASE S 1,00 ,000.00 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS ADDITIONAL INSUREDS: THE CITY, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, AGENTS AND VOLUNTEERS FOR PROJECT: CC 1210 ON 17TH AND PALM AVE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 844�CAAyNyyCELLED BEFORE THE EXPIRATION CITY Oi HUNTINGTON BEACH DATE THEREOF, THE ISSUING INSURER WILLUXUAD MAIL30 DAYS WRITTEN 2000 MAIN ST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HUNTINGTON BEACH, CA 92648 AUTNOR� ACORD 26 (2001108) / L — 0 ACORD CORPORATION 1988 .�->7�-1%jgti , Additional Insured - Owners, Lessees or Contractors (Form S) CG 20 10 11--85 POLICY-AMMENDMENT FOR -AUTO LIABILITY .IrzCo: INSPECTION ENGINEERING rot,ICY %Wyi66a.01935.A7-0 .CONSTRUCTION INC. ;OUCER- DALATI I AS INSURANCE AGENCY I$fer'' Iv"- 0`'' E: 11/-26/2003 r SCYEOULE me Of person Or Organization: CITY OF HUNTING 0H BEACH ITS AGENT S, OFFICERS AND EMPt.OYe2S r•. 0. Cox lea HUNTINQT0N BEACH, CA 22648 NO ENTRY .APPEARS ABOVE. INFORMATION REQUIRED TO COMFLETE THIS ENOORSENIENT MLL BE :Qtiy14 IN THE DECLARATICNS AS APPL!CASLE 0 THIS ENOOP.SEmE-NT.i HO iS ANANSURED (Section It) is amended to id- liability arising -out of your WCrk for 16at insured by '-de` as, a.i, insured the perscri or organiZation or :or you. ;pwR inflit: Schedule, but on,y with respect Lb PROGRESSICE INSURANCE GROUP -PRIMARY INSURANCE ENCOR5EM=NY It is agreed ;hat such insurance is afforded by this policy for the benefit of INSPECTION ENGINEERING p�� �f^IoSttbcantracta{s ceratian5 cr b shall be pemary as rasped; any c a i.m, css a a f �. �., .� ►.., y its independent contractors and any dher'.nsurance maintained by *,he above referer&-ed ad&;anal insureds - shall beron-conintmory wrth the Insurance prOYpdE'd W..aijr%d r• t' . JGb: 1-C-..1210. ON 17TH: ST.' AND PALM AVE, "w1 F7',71 m_5: iC �:tiCl1N.S :O Cnangc E+:GC .un:r.t wf:rr .51:' � ��S' .�! �QfCy +y vvf�C.G'1 014E CK !HE Fl C(PA►t'S FUNC INSUPLANCE CC"Faxt;S - _ •:a !, eo :v 'mS DO1_IC't :AC Company Profile • • Page 1 of 2 AM ntent tf Company Profile Ins D rance LINCOLN GENERAL INSURANCE COMPANY 3350 WHITEFORD ROAD YOM PA 17402 800-876-3350 Agent for Service of Process JERE KEPRIOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference information NAIC #: 33855 NAIC Group #: 1326 California Company ID #: 4679-7 Date authorized in California: May 11, 2001 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS C(OPY http://cdinswv-vx,.insurance.ca.gov/pls/wu—co_prof/idb_co_prof utl.get_co_prof?p_... 4/13/2004 Company Profile 0 0 Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information I tf Company_ Enforcement Action Documents �! Compp any_Performance& Comparison_ Data Composite Complaint Studies Want More? Help Me Find_a Company Representative in My Area Financial Rating Organizations Last Revised - February 18, 2004 03:13 PM Copyright C° California Department of Insurance Disclaimer http://Cdinswww.insurance.ca.gov/pls/wu—co_prof`/idb—co_prof utl.get_co_prof?p_... 4/13/2004 KNOW ALL MEN BY THESE PRESENTS: That we, Inspection Engineering Construction , (hereinafter called the Principal), and Lincoln General Insurance Company , a corporation organized and doing business under and by virtue of the laws of the State of PA , and duly licensed for the purpose of making, guaranteeing or becoming- sole surety upon bonds or undertakings required or authorized by the laws of the State of California , as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of Amount Bid — lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 11R5103 for project described as: Traffic Signal Modification #CC1205 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 21st day of November, 2003. Inspeion E ctgineering Construction BY:. Lincoln General Insurance Company BY: �Q, 11] _ 2 Q SL l,! h Tamra L Andrede Attorney -in -Fact AS1-007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of D/Z1��tJt'rL� On '—,'before me,/G(JL ate n N,am' o and TOe of officer (e.g., 'Jane Doe, Notary Public') personally appeared T_ ! 1%2_,4 /'t7 aec—DG , Name(s) of Signer(s) Apersonally known to me proved to me on the basis of satisfactory evidence CAROLI�DOLAN to be the person(s) whose name(s) is/are J@ Cortrmis W..12.0. subscribed to the within instrument and Nftry Public - Calitomia acknowledged to me that he/she/they executed Omnp Courtly the same in his/her/their authorized 11,1tfCwMB9kwMay30r2004 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my hand and officiars6al. .. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove vaimble 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(les) Claimed by Signer Signer's Name: D Individual :1 Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact r Trustee r_ Guardian or Conservator C Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER of thumb here 0 1997 National Notary Association - 9350 Do Soto Ave., P.O. Box 2402 - Chatswonb. CA 91313.2402 Prod. No. 5907 Reorder. Call Tall -Free 1-800.876-M7 0 • LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THE—IzE PRESENT'S. That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and armoint. Tamra J. Andrede its true and lawful attomey(s}in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollar ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, scaled and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General insurance Company on the 0 day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seat and deliver on behalf of the Company, fidelity and surety bonds, undertaidngs, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers roaking the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signarures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein nay be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpor�p s to be ed these p be signed by its duly authorized officers this 4th day .QA$agU mJ m 2002: / Attest: ```4 ORl4Tfs '• ;Yn Gary J. do ary C7. hojwani, Preai t The Conurmwealth of Peatuytvania — j . 977 Q York County _o� :�;'l'NSriV�`a�� •a ~ ,L•. d On this 4th day of September, 2002, before mE aall C. Bhojwwd, to me known, who being daly warn, did depose and say: that he is the President of the Corpdi4rMipApaA4ld in and which executed the above instrument; that he knows the seal affixed to the aforesaid insMitnent is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial seal The Commonwealth of Pennsylvania Catherine Maria Loose, i"twy York County t3ltringettsbury Twp., rertc . MY Commisaion Expires Jyne t ..Notary Pub I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Peawy1vanin do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in lull force and effect and has not been revoked, and Auchertwre that the Resolution, of the Board of Directors, set fortis in the said Power of Attorney is now in force. IN WITNESS WHEREOF I have hereunto set my h aa dd affixed the seal of said Company, at York, Pennsylvania, this 21 STdayof N0Vt2M 3ER �10�3 %7 U' ` d oRAT, � ; Go._.. � •. to �. V. 1977 =Q ., ti; City Person to contact Huntington Sudi Shoji. P.E Beach (714)-536-5517 Huntington Joseph Dale Beach (714)-536-5915 Caltrans Bernard Alonzo. P.E (562)-865-4174 Project Amount Complete Traffic Signal / $235,000 9/1102 Street light CC1128 Traffic Signal / $180,000 12/19/02 Street Improvement CC 1171 Traffic Signal/ $91,000 7/20/02 Street Light 07A 1203 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 Council/Agency Meeting Held: Deferred/Continued to: .Approved ❑ Conditionally Approved ❑ Denied , �-A�T7 Clty±Kvlgnatu Council Meeting Date: December 15, 2003 Department ID Number: PW 03-084 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBI SUBMITTED BY: RAY SILVER, City Administrator Gt PREPARED BY: SUBJECT: ROBERT F. BEARDSLEY, Director of Public Works AWARD TRAFFIC SIGNAL MODIFICATIONS AT BROOKHURST & GARFIELD; CC-1205 Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s) Statement of Issue: On November 25, 2003, bids were received for the traffic signal at Brookhurst & Garfield, CC-1205. Staff recommends award to Inspection Engineering Construction, Inc., as the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $65,000 are budgeted in 21390007.82700, Measure M Traffic Signals. The project is fully funded by the Orange County Transportation Authority's (OCTA) Growth Management Area 6 (GMA 6) program. The engineer's estimate is $65,000. Recommended Action: 1. Accept the lowest responsive and responsible bid submitted by Inspection Engineering Construction, Inc., in the amount of $32,875.00 for traffic signal modifications at Brookhurst Street and Garfield Avenue, CC-1205, and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Actions : Reject all bids and direct staff to readvertise or abandon the project. Abandonment of the project would result in the loss of $65,000 in grant funds. C- \y RAUEST FOR COUNCIL ACTIO41 MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-084 Analysis: At the intersection of Brookhurst Street and Garfield Avenue, eastbound and westbound left turns are experiencing delay turning from Garfield Avenue onto Brookhurst Street. The addition of protected/permissive left turn phasing has been determined to be an effective solution to reduce the delay. The City of Fountain Valley successfully applied for Growth Management Area 6 (GMA 6) funding from the Orange County Transportation Authority (OCTA) to modify the traffic signal at Brookhurst Street and Garfield Avenue by adding protected/ permissive left turn phasing on Garfield Avenue. This intersection is shared jointly between the cities of Fountain Valley and Huntington Beach. In 2001, through an agreement between the City of Huntington Beach and the City of Fountain Valley, the City of Huntington Beach became the lead agency for the project. Construction will be scheduled for late 2003 or early 2004 and, upon completion of the project, the GMA 6 funds will be reimbursed to the City of Huntington Beach. Public Works Commission: The Public Works Commission reviewed and approved this project on September 17, 2003, by a vote of 7-0. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). Attachments : RCA Author: Kato G:1R C A12003103-084 Dec 15 Kato (Award Brookhurst Garfield Traffic Signal).doc -2- 121112003 3:47 PM 0 ATTACHMENT #1 PROJECT Flie name a a, \Construction Contracts (CCs) \CC1205 \Location Map.Dwg CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING PROJECT LOCATION MAP ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 5� THIS AGREEMENT ("Agreement") made and entered into this day of 20__, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and _ , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 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: I. STATEIVMNT OF WORK:ACCEFTANCE 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 agredfomeskity consd4-63 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 b 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/fomns/city const/4-03 2 0 i C. The CITY's standard Plans and Specifications and special contractual t 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 agreedfomWeity ca W"3 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy r 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 Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within . (__) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME O� 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 consd4-03 4 i 0 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner r 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. agredf3n7W ity conW4-03 5 7. NOTICE TO PROCEED M 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. S. BONDS 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. 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 agredfomnskiry const/"3 6 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 ali 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 Dollars ($� _ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable 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 consrl4-03 7 • • 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 thereon and including without limitation the furnishing of materials by CITY or agreeMo mslcity cotW/4-03 8 • • delays by other contractors or subcontractors, will be allowed and an extension of time for Fcompletion 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. agree/forms/city comV"3 9 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°/a) 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 (100a/a) of egrmffonnskity contr4-03 10 0 • the value of the work completed since the commencement of the PROJECT, as determined in E 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. 15. 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. agreelronns/city consV"3 11 0 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 agredforn city conW4-03 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 PROTECT. 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 agrWfonnnskity conW"3 13 • coverage which may be applicable to the PROJECT shall be deemed excess coverage and that 0 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 CONTRACTOWs insurance policies, naming CITY, its officers, agmetforms/city const "3 14 • elected and appointed officials, employees, agents and volunteers as Additional Insureds, to F the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Cade §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. BMW* ;~►� 1► 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 wrongfiil, 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. agredfomukiry consst14-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or E 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 % %) 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 PL,LNS. 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. agreelComWcity wnsr/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary M 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 ATIFM 2000 Main Street Huntington Beach, CA 92648 agreeJforms/ciry consd4-03 17 TO CONTRACTOR: r 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. INOM ATION 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 agreelforms/city constt"3 18 0 0 shall bear its own attomey's fees, such that the prevailing party shall not be entitled to recover pits attorney's fees from the non -prevailing party. 34. J NTERPR.ETATION 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/"3 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate toriginal 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 consentlapproval 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 consd4-03 20 0 C� 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 By: print name ITS: (circle one) Chairman/PresidentNice President AND By: - - - print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agreelformslcity const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Cleric APPROVED AS TO FORM: - City Attorney INITIATED AND APPROVED: Director of Public Works 1. 2. 3. 4. S. 6. 7. 8. 9. !0. 11. 12. 13. 14. I5. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3I. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CQMENTS E Pgge No. STATE OF WORK; ACCEPTANCE OF RISK ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 1 I AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS _ 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 I,VfMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY' S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 0 • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AWARD TRAFFIC SIGNAL MODIFICATIONS AT BROOKHURST & GARFIELD; CC-1205 COUNCIL MEETING DATE: December 15, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by Cit Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR R ED Administrative Staff City Administrator Initial ( ) ) -Assistant City Administrator Initial ) e-Zev City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Kato cc o_: BID DATE: - - TEWE Engineer's Estimate: $ BID LIST BIDDER'S �VAMIE RANK TOTAL BID "O UNT' /73 2. o� oo.o - Q 5, $ 6. $ 7. $ 10. $ 11. $ 12. $ 13. $ 14. $ pl�� VOID AFTER 90 DAYS Bank of America W-T QPNWlTlW' A BANK' -TVA F ',f;lo it T tIll NUPADFR', MUST &1L7CII THE AMOUNT IN W(:)RD% TFIC AmLi6r;r, Ir.kipAL Pay To The Order Of . MOM-. : Check: .Cashier's' Ch' k. 7. San Fradciscu, Calif 4wma w4mch. 0 11-35111-10 2015686800 Ir r 119 20 L S 68 r31300110 1:L2.10003S81: 139?0f---9_50?r3 us EtTHE OIUGDMUDOaMMnMSRMXr4ULVAMWbaMON.,M.M'BA�-TW. ONIGINAXI HACKS_-.Z'_ f ul� pu iol r � � • FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE • CITY OF HUNTINGTON BEACH P.O. Box 19012000 Main Street * Huntington Beach, .CA 92646 -Ph. (774) 538-5227. HUNTINGTON BEACH Fax 714 374-1557 Fax #: 949-646-5008 Date: ._ --- Number of Pa es(including cover a e : By: De u Ci Clerk To: INTEIMET ADDRESS: www.surfcity-hb.org H.B. Independent Mike (Legals) Phone: 949-574-4251 F *** HB INFOLINE: 714 374-4800 11 G ❑ ❑ ❑ ❑ © + r tSH h i 1 t ] as J 9Aorms197formslfax-hbindependent • SECTION A NOTICE INVITING SEALED BIDS for the Traffic Signal at Brookhurst & Garfield CASH CONTRACT No.1205 in the CITY OF HUNTINGTON BEACH ;sh -6- �3 - aa- PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on November 25, 2003. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 03 A-1 The bid must be accompani 3by a certified check, cashiers check, orlidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of October 200 3 . Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A•2 TRANSMISSION VERIFICATION REPOR TIME 11/03/2003 17:50 DATE DIME 11/03 17: 49 FAX NO./NAME 919496465008 DURATION - 00:00:49 PAGE(S) 03 RESULT OK MODE STANDARD ECM . s .r_ .CC 0 BID DATE: - 0 'TIME 00 Engineer's Estimate: $ BID LIST .. BfDDER W NAME kI S TOTAL BID "OUYT 1. 1 F�=t� • /7,3 NS 6. $ 7. $ 8. $ 10. $ 11. $ 12. $ 13. $ 14. $ CIP( Cq�F'h CITY OF HUNTIRGTON BEACH. CA 110 0 25 P 2-- 00 fl :Z CJ SZ AON fog, bO v30 0,01 9NJJ N014 A I I j 0 , CITY OF HUNTINGTON BE -A MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PW-03-071 Council/Agency Meeting Held: 0 Deferred/Continued to: Approved ❑ Conditionally Approved © Denied City er ' nature Council Meeting Date: October 20, 2003 Department ID Number: PW-03-071 a_ CITY OF HUNTINGTON BEACH z REQUEST FOR COUNCIL ACTION .� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS D rn . SUBMITTED BY: RAY SILVER, City Administrator07W PREPARED BY: Robert F. Beardsley, Director of Public Works(11 —r n SUBJECT: AUTHORIZE ADVERTISEMENT FOR TRAFFIC SIGNAL MODIFICATIONS AT BROOKHURST & GARFIELD; CC-1205 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for traffic signal modifications at Brookhurst Street and Garfield Avenue, CC-1205, are in final preparation. Staff requests permission to advertise for competitive bids. Fundinq Source: Funds in the amount of S65,000 are budgeted in 21390007.82700, Measure M Traffic Signals. The project is fully funded by the Orange County Transportation Authority's (OCTA) Growth Management Area 6 (GMA6) program. The engineer's estimate is $65,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request public bids for Traffic Signal Modifications at Brookhurst & Garfield, CC-1205. Alternative Action_(s): Deny the request to advertise this project for bid at this time, and provide staff with alternate direction. This would jeopardize the grant funds for the project. Analysis: The City of Fountain Valley has received Growth Management Area 6 (GMA 6) funding from the Orange County Transportation Authority (OCTA) to modify the traffic signal at Brookhurst Street and Garfield Avenue by adding protected/ permissive left turn phasing on Garfield Avenue. This intersection is shared jointly between the cities of Fountain Valley and Huntington Beach. G:IR C A12003103-071 Kato Brookhurst Garfield Traffic Signal.doc 10/212003 4:14 PM REQUEST FOR COUNCIL ACTION MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PW-03-071 At this intersection, eastbound and westbound left turns are experiencing delay turning from Garfield Avenue onto Brookhurst Street. The addition of protected -permissive left turn phasing will reduce the delay. In 2001, through an agreement between the City of Huntington Beach and the City of Fountain Valley, the City of Huntington Beach became the lead agency for the project. Upon completion of the project, the GMA 6 funds will be reimbursed to the City of Huntington Beach. Construction will be scheduled for late 2003 or early 2004. Public Works Commission: The Public Works Commission reviewed and approved this project on September 17, 2003, by a vote of 7-0. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). Attachment(s): RCA Author: Kato G:IR C A12003103-071 Kato Brookhurst Garfield Traffic Signal.doc 10/2/2003 10:55 AM a • ATTACHMENT #1 CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING VICINITY MAP Brookhurst Street at Garfield Avenue RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR TRAFFIC SIGNAL MODIFICATIONS AT BROOKHURST & GARFIELD; CC-1205 COUNCIL MEETING DATE: October 20, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City AHome Not Applicable Certificates of Insurance Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicablelNot Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If a licable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: • • L, to CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK !�/ L .2004 To: Enclosed please find your original bid bond issued by64�=L)C.111)3W&q"jC&7 ALE _n 6 /�,j7 for dM� 04W�;�_ Connie Brockway City Clerk Enclosure g:/followuplcashconVreturnbidhond.doc (Telephone: 714.536.6227) GULF INSURANCE COMPANY BOND NO.: AE8662145 BID DATE: 11/26/2003 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, 13AXTER-GRIFFIN CO., INC., (hereinafter called the Principal), and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of CONNECTICUT, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for TRAFFIC SIGNAL AT 13ROOKHURST & GARFIELD — CASH CONTRACT NO. CC-1205, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. -:NOW, THEREFORE, if the bid or. proposal of said principal shall be accepted, and the contract :. for such work be awarded to the.principal thereupon by the said obligee, and said principal shall enter into a contract and bond -for the completion ofosald work as required by law,' then this . . obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 25th day of NOVEMBER, 2003. BAXTER-GRIFFIN CO., INC. BY: �y - Mark Griffin, Secre y, Treasurer GULF INSURANCE COMPANY BY: N, s • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of CALIFORNIA I County of ORANGE IOn NOVEMER 25, _2003 _ _ before me li ,Aeth T.-Lern Notes 'Public I personally appeared RANDY SPOHN ® personally known to me -OR- ❑ proved to the on the basis of satisfactory evidence to be the person(s) his/her/their whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in authorized capacity(ies), and that by ilia/her/their signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument ELIZABETHT. LE k WITNESS myI y COMM.01430934 N*,,M Nosy Puhllc-Californ4 _N LU ORANGE Cu 29, -� y Comm. Exp. AAugg 29, 2007 and official seal. Lure of Notzry • . . 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 ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT GULF INSURANCE CO 0j&Y HARTFORD, CONNECTICOW POWER OF ATTOPUNTA ORIGItiNI.S OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL LNI:. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN QONJUNCfION WITH THE ORIGINAL. KNOW ALL NIEN BY THESE PRESELN-M That tha Gulf Insurance Company. a cerporadon duly organized under the laws of the St3:e of Connecticut, having its principal office in the city of Irving. Texas. pursuant to the following resolution. Adopted by the Firarce & Executive Committce of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice P-esident or any Senior Vice Presider., of the Company shall :. e a•uthori:y to rnake, execute Aral deliver a Pou er of A::or ev constituting as Attorney -in -Fact, such perscrs, firms, or corporations as may be selee:ed from time to time; and any such Atiomes'-in-Fact maybe nemovIc aid :he authority granted him revoked by the President, or any Executive Vice ll.esideot, or any Senior Vice President, or by the Board of Directors or by t1:e Pinance- and FAccutive Committee of the Board of Directors. RESOLVED, that nothing is t!:is Power of Auo.mey :hail be eonst.-tied as a gran: of aumority to the anomey(s)-in-fact to sign, exccu:e. a_-L^.owledge, deliver or mh- erw;se issue a policy or policies of insurance or. behalf o: Gulf Insurance Cotr,p; ay - RESOLVED. that the signature of the President, Executive Vice President e*, any Sensor Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any sus, powers so executed and certified by facsimile signature and facsimile seal shall be Valid acid binding upon zl:e Company in the future u0.z respect to any bond a^..I dec'L:ments reim"ig to such bonds :o which they are at;a red" Gal: [ .surance Company does hereby make, censtitu!2 a-.d appoint BOND NUMBER AE 8 6 NAME, ADDRESS PFiINCf CITY, STATE, ZIP t BARTER —GRIFFIN CO., INC. 8210 MONROE STAN-TON, CA 90680 EFFECTIVE DATE 1 NOVDMER 25, 2003 t CONTRACT AMOUNT $ 40,000.00 (ESTIMATE) i $ 10% OF THE TOTAL AMOUNT BID -- Donna Carlson, Randy Spohn, Zara Spohn ih true and lawful attorneys? -in -fact, with full powe.- and authority hereby confe:-ed in its nar: e. :a a and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and a:i bonds and unt:ertakings cf suretyship, and to bind G-, f Insurance Cc;-__.'. - ereby as fully and to the same extent as if any bonds, under- takings and dacumen :s relating to such bonds and/or'.:r,dcn kings -were signed t he duly Ascher.__' cer of the Gulf Insurance Company and all the acts of said acornev(s)-in-fact, pursaant to the authority herein are hereby ratified and -enErmed- T:w cbl ,tile:: of :he Ccrtpan,- shall net exc;;cd on, -..Tao^ (l.000,000) do'ia -. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to 6e hereto affixed. r� k`�gtSiVwCLe Co" �� cOPpONRl� GLLF UNS1TRANCE CONIPANY t SEAL STATE OF NEW YORK } Lawrence P. Stiniter SS COUNTY OF NEW PORK ) Executive Vice President On the Ist day of October, 2001 A.D., before me came Lawrence P. SE.-j:er, kno%m to me personally who being by we duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vitt President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instruments is such cor- porate seal; that it was so aflixed by order of the Board of Directors of said corporation and f.at he signed his name, thereto by like order. . �f1lBtR•e . 0 n FQL\ 9�A�C`O n STATE OF NEW YORK ) Qp NF�-L ! SS COUNTY OF NEW YORK 1 k1AHYBEGAZO Notary Public, State of New Fork No. 01 ;**1A6019958 Qualified in Kings County Commission Expires February 16, 2007 1, the undersigned, Senior Vice President of the Gulf Insurance Compar.c, a Connect-"e t Corporation, DO HEREBY CERTIFY that the foregoing and attached PGWER OF ATI'OR-VEY remain; in fuil force. —� '0"%MNC,eCG-� \ Signed and++ Sealed at the City of New York. �� � nOp^ rF I iiNl ilE i��il ICI SEAL AEW2115 "1405370" Dated the 25th day of NOVEMER , 2003 George Biancardi Senior Vice President -r _ `.�}.' _ •+•. ,- �. �' r . .. _ ..s.+'.4 �� ry"� is s��gj .X �.•:'T'' `�';..riSc• ^::: :a:.,. •r:�_ : r.i, tir�'r. ` •= "r•r '••T', :.:.5'd.""� 4•`r"' r L;,ti•:f � _ - .:i. ',: �': .. �'. - -.w��.•.• �,• 1:.7r F'•r �r••ti.kF J'q,'., :l , DIY,'. - .�S : •,�. .✓f r i:: •"+;• Y: i 'g• 'L; ;; e•+%iL� �$•� - t'`�•y.- ...y. ;' _ _ ';' '.�',- .:y.r.•�7 { ''?•. 't ^r'. -'`�'`-•... �'i ._�� ,�JtsS'�i`...�ir�t7�' �_.` CSi�' f: •' r�.•.y+ L a•'x�. Qr•-C7•'�' �'w �: ,re�':df �# r.".r�.:•�, ai..,S �: ,r _•r•: i:. S. d,:4� ;'�.:,:.tr.-.i� •'i•�.; ,5, �. •J,'�. t!a!n' -;i+y .y.,i��. rC}} ..S„�.�1• �rpr.•,�. ,r}}: •i�y'Y- :��: ^'�'�''"::,.= „f - _ •,y�,fJ`": �L:+I+sr%�$k���c...`x ��. ti+i�".,. 7yCri.: • ''"r %�j `.,y' ;":,� .�y,�� �'J.'' ': i`' :a:":rya::=� •9, ,N';:'.ti Y.' �St. F .,+� �r �r �4•.Jr;-,` '�,=•-.;yt`. s..d +/` 'r-. al,y.!,, y..,^r�.,i,_}r}Vkyr�.. :4..� •rr1. /.'r !il :'v�^ •,•�\�� �ti.:::f—� .k. 1"�''• '•L+' �'J-'S. :1� �+•:4 ""' �yy .4 �!•Y•.:. `.�a ;6r-,,1'.7�..r. ri 1'' �' ;}-�•�t',f•.d pprf.• .f, :i:f� ti'e r 'r`' :x'- ,r.• n ': r:: .b, '1. }'-'t/.,� :i,'-axL '_+..r ^r4R�r'L:X;,.� '•':?,'.`r.. ,•q;..yy'E�.Z{,' r=WL. 1 �..1+1C�C]``' ^i.•sti.,�l-.t: 't' :�• '�j.:l. +:t•ry i .:ITxL;f !:r-rr 4'_•,:!'.^iy - , f _ - !,ir ..' 7,' �,• ' �. r . �';,: '.:. ~ \c• $ 4,.q, �,,,: ., %�: ',J' •� �•�`•?i •`':Ir�i:' :s ,:r'' .r'1 �" d' r 'rrb 7i•�4+Y1 ter." _kS �,.•yf;•J!.f 5; i,,,. r.� 1': Z'F :{.., ..�.••..' yv •,J ',:'w1` :�.. '-. iS n,r+`.tida., r-, s .,e' ''�u,J'I 4ir•' • ,r .• .:,�,! ;. •••, 'i]•.� .r_, - �,ty4:.,�3'-]J•r..'' 1, •'. �:.�a: �Q-i"�.r.: '� _ ••�=•t :i�":' _ '..1.:�,,:::..�,,. � y'ti,N� , y ham='' '`i L' �` "`-•�' J12.2.F•,-~'..'�fti 'f •,{'-,', -~•i :!=:.,... :s: „i'�-'.y' `:.•..' �'tirtiC j" h:'S•,yr•3n�•.,�!1:T..'r,'�gr;\' i rl"'ry :J': .'rZ'; iZ:x' A,�TL I.r• .. ;.'i i..- :^; %.; ,I;F it ,r'i`•�:':, i.�.. :h��1 ;� .+,i. ry .�}•I,, r:� yr r•; :x'C4.I. ,4.y':Y ,i �; J:•� Rl�•.LTi. ta,. .••F!a �1rit Y`:*'�: F—'sc�'l r'� it } i "r:., .i.�, '.: •L•'?.• 'r••t :'�':;:n, i^•. :�f :r ":wys.� j� „t •s 7r- T !r a. 'r��:Yr� `: aa:'.�.;: '1�' }�; r s:i• ; •.? ,-;•-p'• .. ' ,!�r•' r+'� 1''ii7r' ,Lr:iS,iir'-,; � Y�� 4:,,�;^ y f-'�",�yji f5V ;'�^i: �s�3 ��� t.... } :r:-':.v..M1:'.p�6 L.-..s-i�����'�fkn �:+4 �:',J"}r�• .lfi:' 'r y ,]:"�='Vkeyv• ,;3•, :s.H:,:_:, o?•,.':;may, y�;tr.:'- ray �3 ''}�' vvT.. Z • s C � ; ;i, � r"Ki. ^ '~';y''.:� ) rr:.•�,+9��.,�s.,`�'-"; ' ) "i ;'�. ..a �`-7P r '!��%ij''��'�'V� f'�' .i •': 7': �: �7':•*': 7.9t,�a.i .l�rr�1 :e+'"�'";.r:,, r-!,%�"i'7 �r^ ,A4 .;r sy,� {;'�,•^ :�• .:•� :JRw1 n'•ei: d.��.R',�.''''hiC..{y.-Ts`•'Sti.� :�•/��;.:; �", f, .w.• fd•},,d -���•'jr ;t'.� Yam"' gti.i' 4 t'rN rL'r�,:. F T, h: $+•:.y y L„y,l ".:`,•� ; ' �.d a:• - :jy ,J �. Y•,•�,. •�+:, 'r: 'Ak•4', .:(•VC,. � `t;v`. ..J.." `.s:'.li:•:'V� ;,ti' " - J r: R,, i ,:} L '•e` ;•L::. 1, '�,,, •�'n• `'�•3r•� r`a1r tii., sti 'S' •�p'r" .'-itri:E-''} :'i.. n,•�`tv},:i ]^!. 't;:,'.'�'^,.":!"r.'.�I.,;'.r` 'j •=�'•Sd"r"� !.5. .i•�y' Sw--. y: r''�'4�i`�~,L'� '"�i„c:_�.-:e:: �{��';�'r�••�'�::• 4 r: ••`'µ.'+� i.:. J�,:,'r-:-•c:'��,'-.'•��•�t:,�•s. ��,.,..._...�._.__..:.+'..�.%..:..C� �'+M" F.�; i+• k•, 7 �:' .*':Y i��'a':^ ..3{�•,qr, '+�[-•"'•.-� �:�fi�;d:'p�.�r:l,•'T":'7 �'F.;F'-if��}'P''f'�'4Yid'?4.ap•7��N�'jdi��'y'�, .K, ► •'vA'�i;.-.... i., rr:w�';:rc ^{:".•:�S1y: I,;}� �,y,1 "�'' 4';i^� *1• '',• ':•4.'f4;r�'L�.':i:. . y.�..:'x:i 'ii: _ ;�~. lSf�s1%f t_Fi:�_<S�(.'2-. s,.`e_ _ n\!'�"_.r:. •T,Si*,':.7y'S�S�Y7 W ''b T•�yJy'lC t,; r.. ? ,i` 'r„il: "- • r. r 4�3 }ii:c" :•i�. ''Z .! : c :4' :':5.,4�; .r'• '- -A '' :�-•' T 1'r aa•{li Ir'r%��;•'Y a; r:,i'. "+''..( ..� i, ti . b , `` C7.}i.`.: Z„.rir� ;r,;h'' F>RJ �D ':di ti rf '"': i r✓.:r '+' „\ �. ~ ' '•r� -•Ir�,�'•,x ,+�, '�•�.>'�:� `;' Wir;T`+.; •,�•�,•a tip., N ;►`ll.,/�-�Z.;�L .J,,`*-{+�:.:�.�;i'S k+.'. :�,.�,';.r •-•-1�4- r. ',l'' r`• r'.F'y: -'^" �•1:'b'� id{_?�c� ►".� A O1 ± _.+/,. id�i}'fi'1"`�',^i;:�r�� �'�"F"'r� 'y � ,J.++:.n. •. 7. +, 4 ! ,.' �'''': ti +ls �r� "'' ; Y ar v� yy y'.S' `� :i: '1•'� ! :J`.•a`' !�'1�'!�bf.,' i'`q::lr. � ��J.:. ES;' .:{. :� � (,} ,Z• 'r}r] • } 9j,�.1�,� x C���\.!4 fh:: Rrr, }'Y �( ,5',(�'�� a.• aicl�rw p�::.IP.Ii WWW O u r' +'�,,��ti:� ;: +::'. .,,=1 �y�-'YS vc y, _ •�`: „[..r •'::.� � r 'r. Li,''�kl ;�,1:• �. <� �r•,:f' :J:„r'.i boa �'`- a U .<i4•. ,J '�:•,.y.,;�;. y., :.,�t Ff i .�! w�;i. F�. �=�t..' 'Rai_ : , { fli hiTy. fit-,: rL.: '45• •'ALY:e ,{.(ry, �_:' L:f rug;., r•L=��l �r�4,',I'�,:y. r-` .;'i�',O1�Cf_p'3ki:+� C,i PR W � ' iJ�.:�,A�K¢•y'�°a hit;.. •,., �`��';. :.r�i.. �M� �'r?t••:�;�'.y'�•O1.F+!♦".� ''•'!.'. i�%+"r y•i`';1''!x'-�S,i�:j�ZgqY��;,,•c'},•}�.,'}•� r:S•r! ;�{'�h�iily�F•y •a! ,'rk ,-,� � ,t°'"�' ,SS�'...?� T•r � ,� �^J' t' _ :IlL.�'� a � r'Cr' • J! �`ry y �J�.W r"ey,,, .r:: :: r=��•+:'-rr{` :3' ,�,i 'k"'I: �'S."rap�r_i,' �•yr.i sa� U C.� .�s771 C.� r�rii� "•a"`��j j*�'`Y_J�,��,lt'+�ii)ii^",��.'�•' ;:.�,J i`,ti{ Z ;ram �`y���� rii a r�F'+:yfl T .Ti i•''?i„M'{kP!; i!> i"' oi•"I^` ,2'.,•�• �' r"'� }•S,]S '1 j%d.+,.#�e•rY �. ,y WV•I,. f.\. •; r<i •'- .{• r 7'.r�• �+t• Sr' Tr' Fi',_. .+f','�''.. J 4', x,r• Sf , 1F I'. -i. `i; Y���''• [� ey X) Y: •ti fd:. rl:'":.'J S i•�„ r.:�• ^l:iyyr?y�'{ti°,,,.i1i:`,� ri �.4'-,rd Vi I R$ •�r`.,i;ti•{.,16�-t1� :,e_". 'L 11 •l,'. =' '' r,`."e Cn;9 _ �."s6+5';' F Yl'" = -ram .;Jr:`i. T 1 !f,^x':. .,,7J �•r A sef,r, ,S�T��115,`::C�r '�.' S'� •f'w •'riTl`,i {�,e,.f'F'r�.' ',�?• �y,i,F�Sy'?;, I�.I ,7•• ��i 7�•!YyT+ r?�'.r l''I ���7'!!i'.: ''r•'?1�1 • � _ k ,J .f :•h]:. • i"1.'.•�< ,;�r"�'f� � - ' `,•} p I••1 �:c•. �{'i,r'�` �:ir`r♦.'.�:-' Y i 1 '�F.1 ..'y t.% G A'/•� 7 r�p�'•'!y�� +�•! !k'�,'11l f r,' a ,r�`1'r ,i: !': .., .'J�YS'�,.,:vF T•{i• �.i1 Jr •r�V 'I!`1 '�' � V Ti'T Y�' h a�,,`,: ;;•, d.y.^Y, . 1 ,'x: -:':�* 1�• 4 gf''is• • �, +,� � !^ •.}ICI ^,ryrJ.,7� 't '•:.".:'e+i`'�"Y"''. fir,•;,;�..;•� ti• k'ly•: iti,,.„''' (,� :.r #. � _.^�"�-.�-_ .}::t;�i..l�';, . �.{ •rti. Sh l.,lJ� 4,, �r a A:TK¢�. o-•i E-1 r�l•L-Iry,-.rrr{.' - S;riS` '{� ,R• 0,5 w!}'1`, • r 'i i p�><'•lr.i!')l�-r'-rJ�;'#.Yi�.]�r;-^I:• iitY .•r � ', +�•i t',,�,y GSL -k+'' 4 `;,�l:' � ti? � y:tl.. •!'j� f �.Yw�:•i-•w i�.;'�,r4,.•.:jr yr• O �' .fa.'' ~�s': '�, .l i�:•• �:: •' F r aged ''a i Y'.(.,Sr::.ij ,1 '';!�•"ti 'd'i's-z7.`4+M•"-? }:•i' T ..—�..... 7117 , +i O .• y.4'.1 ,J'7 4� �.?d, e'• 4 r ':i• {•:F� i:C .St I,�t �+., •}, iY �i r:�+'• i'i.+s• `a.y,-y ' •=i'y.f% Y rrt{,�1.17 rrk•#9 •17T:^Lyt.f,•`' N'M1�ieL'TiTld ra'1 e} :l y'•jY l� L,r; f.r.'�•,., •,r�.!1;;� ": �•_ ... f'' -„il �; r:F'jr J V$ E•I "1:S1:• {+�1��T•l:ln.+'1 ,. +'y _�.,•::, .i:. ��.:`• 5i h+r OR, ^X\.4 h 'L "L %;5� ; ¢al p"".ei • r.r!I . Ir: ' }. J.,elF J�,+;.•r; y* "' i ► : rn./:'Yy .�-:•U!7 :,.,:- •� k. F�; .��r i�` L S r.,.:,•,. �, • !ttL r: u;''x'X:+,�;'W.:.t �S�'�'~f..f:=S;G-fo-.#,;y.'. ='.T: f;^S' :�'x :� :.�.,�•..•t,l•S+. s�.:d'•ry'�'� \r,r-5.-... s- ,y;��i k',#• 0 ,. F'' dr' .p`x,••.',':.'� t �.• iti ti %i.•r'" ir, j �•r+-'r•�,,�tr}S;�'Rc:��•; w�� �,:y vr•'•rti: s 1'r i : A4 ar !.,,i N tr Gam' F,7^i'''F'-_L a.i'.�„�y'r e' •71P.]'S I�. [�'J�J. •rF••3 iS:!r�.• SL Y; i�Af:..'�l.r"MI�r•'1• ir-'I'w.�n3 �' K.'f•4,.r. r) >'4a' i+•i "4'- ,ri; + `p 1. ,.!,"-. eis :r f; ". t+7••:. i ii'+' >"• µ+ I}.��y!ft}�•.' 02 {.7 Ln I : 1. I c • C i n.i,?�'y y +': • SS4�}y �¢ `x :.' .. . M •IE,y �.ym ,,.>;'+ '~ per''?:. .:i•;.r' •'L1x,.,��4�vJ F•i lii u �,,!. ?I:r,i 7'?'. �3„�'i',rStifx' "'• ' f']i N] N N _"i ,4T,tW W­Y•'•:!�•,:,1"`r�:,1'�/'C'�}:lrrip+,„y,CyF': • �'.l�h`'• Ian y�'=k � a{` ^' ��`i .-• m�M:`.ro,.'. -'V::"-.ram,•. fd r. .r�7•':: 1 �' C,, dild�' •.f:'W?i. �Jy• �.:;P�`:'y' ?'. s. ,-,'�i"t:,•?•;�,... a yryv�.r' ni'•JF1",a+;�r'�;;r'""�hk �'r:aYx�,r .�ti4.. .n yIi 'Y rti i {{c.�rt�-,,�'. •,�i;. j' �}+%-{, rS fx .:ti '}"'Jti`k:r5�rxi;,!",-:iJ�'r_•1'r, Txx1F{��+v,►eiiyL•,. 'a'•K£.,:w41�' PW4 •rr• ,. '1,;•Y..'. •:: FJrr�•v,TM' '��_,,�r�5ys'}�' ��,,� '•`yY gx,,1�'[(�d � }� r ^c '7. .,yr�. :i .,ry;.:• 'S:d (i"''��'- � r.�'f1 li. :�. .?!( :.' Ci (.'�j;•'•.Y. r }' may' y� a• -•4 ".L�: [� J.:,. if-�. f� �':�• r� w �"�'-7tt' � y :t; :3.• }'1 r.:.f�'.r rY'J:;� �c• R F, �LS':';,k::'.: r � ¢'- x; r Y:. .� ,y' . :.1!"�:v:,�:r•Li+Cyy�;+ k ,r,.-1 { C_.f::+Jcr•,+yrr�ytr'IY,r r�.. ,,y.F,.. p '�. Il;:.•,i i�S'"iy'. ;r, "L wr r.,.� 1 I•� E"� O O ♦ -4•�• 1•��,Si J'f'i•%M, '#{ r'1 }St�r•.•j,�Fvi w, �.` ice^ 'C F , r': �S' $'�7` . `. !a ::•'! ,• tSr. L .r��•^i4 ! �� •1L �lYl x}.-•' ��ryY'�: 'yyl.�:�.:d ':L i' r�"w% zpyfi.,?A`+r�i�'„!SY��:�,r'y.�.i�a;� 'l'"!;�'Ki�r�+; •� � ^M '`' • CI3 T. u!l�,�+=�ylgrx''�'. �py'�•�' "�Ly��.-,,;}:�r•;r��r n�;fy;.+''"'r#yq�'�s;;,.��(-e:.:'� ,r�l;� '►:�� °}. �� 5' r'!-:!J•.y, �ti�7, rFy h-1 iri•.r w•L ;•W;r�,;� r;1`•� ,' O Psi ��,•' t`�,'119k.�.'s II.`t.$,o�-, r1,c�. ,'+{J�• ..7��• d�r.,: '�i+i W�'•��!'H°ram• �: • ;'�' � C.i i�•I { ':� � � 7„�'h'��[! �.• .r.� �„ � `'+� ;- Nf'r , �;;t�+,,:;�`,�.4 ' ''{ �-� yr3 rr IJ��' • : O G7 O �! `� L,,Zrr•'�-+►I� •��:Gi.r�s•::,t�+�",5;,4• rts..r...K.,��r�•r� �jJ�: �'2� r5 :'a' �� ,,�'dr p•1 i�,' ::'1?.is}..1L." ; la tLj�l.e � r:,.:, .ti4:�" 5• }-s' �i'q�t`��J"'1•�'•;' �. L."�°i` .�' 11 O A ra y�� ..y�f .!' '• 1��"•J 'ti' ti y� i W+i: +'ri ai ri` •:iF: ^:'.-• iT�b 3' v r' '''•r! r }r�trW �!��,.(. tt� k r_'!`..a4'4• r' I U:�f� ."`'~]:, 3, _ nl a' f" ""YdL ''%•k.•'li+":_: J.,r.Inr."•',r(:s-.,k,+l'�•�^•, :.7 �y 4Y1 'C�' I .1`. LIB:*.. rfi!,,,+w•.}f.",..,. �(. r.,(',•`,I.a st. ,e, y �,�+.' ,7.J r''-�;'i'�:fj�,,xc,•Ft'�,y��F,wiY�f{;:fd',+:r;y�`• ':r'•-rj,.:�} �'��•-,r..K:�R''{�,.�'�. <•i�"+,, �3�. f �T�raL,�: i:},A,.`.','.:��¢"~!iaTyaTM61Jr;'"'� �?rt'�•}xd?�.:y,i �:.�ti-�'T,av�'d%i�'i!f�"r. •��'%,.'�'•C-Y;i.� �y(, +" ,�s.�C;.r.•_�i••ti'l.�'r'•%: $_.•ls•�•"^ l:• i ,':,r�� 4'Mu_:,y'•:_}r a!:�Rt. :ry�'':( �'IJbK': , ... .�_..e...'7:!�:��1F1�: �'!!*;3!�: •%�.�'I�+'=ja-.-, 'r.��,`!'i:titY;_:.-.... .I . ,..•v,�,��:. ..',,!j�i.�tir,.l, .rr,Y;��y—�•.a(„ �r. y: v�,.r � p .- -:� i �' ':('Ie' +''��n.,'rr�-,. •rv�•i,.�r :ir �.4:j!+..�� � ff' - �Cn' '� '} rCj,;• �' � a �{.'r. a:." ,i?G,'?. �" lir . Fyy: :,� ~'c-r•: � ry}"''4Nj' •• e. e _ f., � ,..r .��ii:,:' c1:• ''„ 1 a,_`,, N'•' ,. i_* �::.r, y.•.«Y: ;4-':�t.♦�.:._r.I',',� \ 1 �'�i� ' 1 i J ,.1.. �I:. y. � y, �''� •.�,_ .%a: ^'•CIr_+.:h .'' ♦...� � 4 "�<~ 4:I�h ]•i r'. <. rt_ r:`! �!'Y�" � /. �Y•r.' r�'�:'t. !'. 1,: � �' ^` �•Z ia`, q` T(��',:u` ,t. e. ':'�7.1": '�':s SLr:�_:':n'rf +� �::Ya'�:.".,-'',•4..'::,i:•J��;{_:l �yi•'''r�: ;'L;'-.d. F 1 :r'�S•'t•'�r~\e-ti�i'4 ��y Cv !Ff [ - r, c :'� 1. ' I' . }.:•, S 0. 1 s .., 1 J, �'..� �y:•r••?,r'( �i:i. ,::r;" ':ii•'•F!=- ••+'•'.L:'{Si-f n,r`*��•'.:2:r' r. ^'} :` ,,,, �`.✓4+F'-•.'',. :�r'�.:'I+;i•M.. ',�'.' .r�k~"� p�'+'f-�''. ;:�"'r 31':•� �•�:'s,;. ?,.'� k'•: ti`}.t.. • •'� . - �7,� '?r.r: r ��le^4` 4"�•' 'ei:r's':::.+; Y, .�' - :_y: • SECTION C PROPOSAL for the Traffic Signal at Brookhurst & Garfield CASH CONTRACT No. CC-I205 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 40 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. C-1 0 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bon the amount of $ 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: 11 Addenda No. f Date Received I Bidder's Sienature 11 C-2 • 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 4% 1'4 hson Irc.-�r� C�;451 C� Io 1 °13 r5 4_-' 16c4+e I 1 cA Ave c 6i-z.f5 -1 670 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing_ 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 • • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark Griffin , being first duly sworn, deposes and says that he or she is Secretary, Treasurer of Baxter -Griffin Co. , 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. Baxter -Griffin Co., Inc. Name of Bidder Signature of Bidder Mark Griffin, cretary, Treasurer 8210 Monroe, Stanton, Ca. 90680 Address of Bidder Subscribed and sworn to before me this 24th day of November , 200 3 . NOTARY PUB NOTARY SEAL ROSE FA SCHRIEVER Corr. ss;on 01311046 Nn,ary Public - C8fif mia Orange County 46M.yCo-- m pqr Expires du126, C-4 • • 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 Traffic Signal at Brookhurst & Garfield (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The terra "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: November 24. 2003 Baxter —Griffin Co., Inc. Contractor By Mark Griffin Secretary, Treasurer Title C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTION\'AIRE 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 ■ 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. i • COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: November 24, 2003 Baxter -Griffin Co., Inc. Contractor By Dark Griffi Secretary, Treasurer Title C-7 0 • BIDDER'S INFORMATION a BIDDER certifies that the following information is true and correct: Baxter -Griffin Co., Inc. Bidder Name 8210 Monroe Business Address Stanton, CA. 90680 City, State Zip ( 714 ) 826-5310 Telephone Number 290768 C10 State Contractor's License No. and Class 1/28/74 Original Date Issued 8/31/04 Expiration Date The work site was inspected by Mark Griffin of our office on 11/21 , 200 3. The following are persons, firms, and corporations raving a principal interest in this proposal: Baxter -Griffin Co., Inc. Rprt �T, Griffin- Prer-JAG t. Mark Griffin, Sec/Treasurer C-9 The undersigned is prepared to satisfy the Council of the City of HuntOgton 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. a Baxter -Griffin Co., Inc. Company Name Signature of Bi Mark Griffin, Secretary, Treasurer Printed or Typed Signature Subscribed and sworn to before me this zw4ay of ,Nnvr..h r -, 2003_.. ROSE M, SCHRIEVER Commisaion 0 1311046 Notary public - Cellforriia If ` Orange County j My co �Eres Jul ", om NOTARY PUBLI ':VOTARY 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 City of Cypress, 5275 Orange Ave., Cypress, CA. 90630 Name and Address of Public Agency Name and Telephone No. of Project Manager: Eric song 714 229-6719 $169150.00 Replace RSNS and 1TSNS signs and panels Contract Amount Type of Work Date Completed 2. R.J. Noble, P.O. Box 620. Orange. C Name and Address of Public Agency Name and Telephone No. of Project Manager: 714 637-1550 336,486.00 Santa Ana — 17th/Tustin/SR-55 Overcrossing Contract Amount Type of Work Date Completed 3, city of Cerritos, 18125 Bloomfield Ave.. Qrritna, Ca. 90203 Name and Address of Public Agency Name and Telephone No. of Project Manager: Hal Arbogast 562-860-0311 61,588.00 Pioneer S Fire Station #30 - Traffic Signal Installation Contract Amount Type of Work Date Completed C-10 PROJECT BID SCHEDULE HAI205%BID SCHED.XLS Item Estimated Extended NO. Quantity Item Wi#li.Unit Price Written in Words Unit Price Amount 3 1 LS Traffic signal modifications @ Brookhurst & Garfield (excluding curb ramp construction) Per LS 2 2 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C $y�.w€� Per EA 3 2 EA Construct curb ramp per City of Fountain Valley Std. Plan No. 117A @__ f/7eF'%Td•-ifC ��+1ls1.�'Xr"A �•��s'_:�'.6S � �.CJ��O yl ��� Per EA 4 1 LS Survey monument preservation @ Jrtr r7 C r x f.� ��,, $ �� S ///�Y,�rti! ! ! J 0 Per LS Total Amount Bid in Figures: $ .y,4y Total Amount Bid in Words: &f-,1'e0eS C-Is • GULF INSURANCE COMPANY BOND NO.: AE8662146 BID DATE: 11/25/2003 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, BAXTER-GRIFFIN CO., INC., (hereinafter called the Principal), and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of CONNECTICUT, and duty licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for TRAFFIC SIGNAL AT BROOKHURST & GARFIELD — CASH CONTRACT NO. CC-1205, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFOR!:, if the bid or.proposal of said principal shall. be accepted, and the contract for such work be -awarded to the. principal thereupon by the said obligee, and -said principal shall enter into a contract and bond for the completion of said work as required by law.. then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 25th day of NOVEMBER, 2003. BAXTER-GRIFFIN CO., INC. BY: Mark Griffin, Secre y, Treasurer GULF INSURANCE COMPANY BY: RAN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On POVMOER 25, 2003 . before me, Elizabeth T. Lem. Noiaa Public personally appeared RANDY SPOHN ® personally }mown to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/}per/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument all EutAMETH T• L M COMM. 01436934 WITNESS my hand and official seal. m NoWy PubllC-CalHornla N W ORANGE COUNTY %.MIMV Comm. Exp. Aug 29. 2007 - Sj&ture of Notary - 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 C] PARTNER(S) ❑ LIMITED ATTORNEY -IN -FACT Q TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT GULF INSURANCE COMPMY HARTFORD, CONNECTICU POSYER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRViTED ON BLL-E SF.FETY PAPER WITH TEAL INK. DUPLICATES SKALL HAVE THE SAME FORCE AND EFFECT AS .AN ORIGLNAL ONLY WHEN ISSUED Vi CONJUNCTION W TH THE ORIGINAL. KNOW ALL NIFN BY THESE PRESENTS: T`:at the Gulf Insurance Company. a cortorztion duly crganized under the taws of th= State of Connecticut, having its prncipal office :n the city of Irving. Texas, pursuant to the following resolution, adopted by the Fina:!ce & Executive Committee of (he Board of Directors of the said Company on the IO h day of August. 1993. to w;;- . "RESOLVED, :hat the President. Executive Vice President or any Senior Vice P-"s:J=i of the Cc-.ra_ny shall have » i.tori.y to make, execute and deliver a Po++er of A:,omey ccrs:i% tg as Attorney -in -Pact, such persons, firms. or corporations as may !•e selected rilo:a time to rime; ar i any such .At!omey-in-Fact may be removed acd the authonzy 2-anted him reye'c j by the President, or any Executive NO= President, or any Senior Vice President, or by the Board of Directors or by the FiT=ce and Executive Committee of :a_ Board of Directors. RESOLVED, tea: nothing in this Feucr ofAcorrey shall be construed as a g _nt of authorily to the a:wmey(s)-in-lac: -'o sign, execute, acknowledge, delitie. or vth- erwise issue a poi:c_: or policies of ins-_:ance or, behalf o. Gulf Insurance Company. RESOL'-'ED. the si3 .azure c° the President, Executive Vice President or any Sensor Vice Pies:o'.- a..en , and the Sr_: affixed of the Company may be axed to any such Pole,- of Atto re aty cerb2cat: r_:ating t^ere:o by facsimile, and any such powe:s so exe=e"_ azd ccr.:F.ed by acsi-ide s,tna:ur: and facsimile sea] shall be valid and binding upon the Company in the future with respect to any bond �-ld doc_:atnis rotating :: such bo. ds :o .4-,. ch they ate attached." Gulf Insurance Cc-npany does h�rebv -nakc, constitute ar. appoint BOND NUMBER AE ( NAME, ADDRESS 1 PRINCIPAL: CITY, STATE, ZIP BAXTER---GRIFFIN CO., INC. 8210 MONROE STANTON, CA 90680 NOVEMBER 25, 2003 CONTRACT AMOUNT 1 $ 40,000.00 (ESTIMATE) j AMOUNT L$ 10% OF THE TOTAL AMOUNT BID j Donna Carlson, Randy Spohn, Zara Spohn its ;rue and lawf;: a::orneyrs)-in-fact. with iL'i: power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its beha:.', as surety, a.. and all bends and L.ndert: kings of suretyship, and to bind C_:f Insurance Company thereby as futly :rid to the same exrenr as if any bonds, uader- takir.gs and docu:-icats relating to sue` bonds 5hLL`or undenak:ngs were signed ty the dulyauthorizedofficer of the Gulf Insurance Company and all the acts of said _ attcrrey (s)-in-,ac:. pursuant to the a-:`.ority herein gimen, are hereby ratified and confirmed. �he .',y!isa:ion C`:-e Compam sha': m excec' Ore mil! on (1,000.000) doii_rs. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to by hereto affixed. �1 v"SO E c' 1 GL LtiSURANCE COMPANY SEAL STATE OF NEW YORK j Lawrence P. %tinter } SS COUNTY OF NEW YORK y Executive Vice President On the 1st day of October, 2C0I A.D., before me came Lawrence P. 11,initer, known to me personally who being by me duly sworn, did depose and say; that he resides in'the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal nMxed to the said Instruments is such cor- porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. � Y ST:%' rE OF NEW YORK } Op N 1 SS COUNTY OF ',ENV YORK AtiG . fAHAB R-BEGAZO -Notary Public, Slate of New York No, 01 NIA 60I9988 Qualified in Kings County Commission Expires February 16, 2007 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. r� Signed and Settled at the City of New York. a �I Jam' VO�CP„gTF � SEAL Dated the 25th day of NOV EMBER ,11)03 AF.II66?Idi ' 1405370' A , George Biancardi �! Senior rice President L, I& CITY OF HUNTINGTON BEACH Lo. Ij 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK .2004 To: `�C—,oAL ► ' 11iiJ�fhuC , ('�j C_ [ti45tFid� s cic,6. i tiJ L/� u v F �4 � 16 �10Ij) Enclosed please find your. originalbkHgeAd issued by .. ntz _147']612X? LI DO —for hoc . OCR 4U'7� o Connie Brockway, CIVIC City -Clerk Enclosure g:lfollowuplcashcont/retumbidbond.doc (Telephone:71"363227) 29 ao Ban o m_cg too ,;,�� I•st�r�r:'>;rpk nfll�lieerki'p. }.A;�,SaEs•i�- �R(s4a.'�'n;1�6�;a;�•.;[►~ . �•f C�!�;� ' � • u_ �T+'�t�`�t7�i SN 2 is�sc�aoo: ff B-m - .. VT . ... ray'rr�The***CITY.. order Of �'41D:1)•-1'FR9{1DA1'S ZO�JVV�VVO � k SA �! 11-i511).1u VQID . r•�=' .Cashier's Check }} -- - - — —= -- --- - f'�"l IS [6{ a �fiilitailEaff2�JiadlKA: I.5 HFQI}1KED F4R a,wT[?T}ti'r OVER $258,DW. 'San Francise4,C:aiirornia' 5+, i :... z — 20 156B6BOOu' 1: 12 1000 3 5BJ: 139 70,u 50 76M' ■ -THE-OREGINAI: DOCUMENT HAS REFLEA�y1 WATERMARKO13rME RACK; �' :`; f[I1-'ORiGI,IA1 P(XUMENT PEAS REFLECTIVE VITATERMARK-ON TE1E BACK' _, ■ <EA ;N. CA ham:: t i;;:;� l7N BEACH. CA Nov - Ig�$16X�L YIV(rfNANGEIN[,� - /� Signal Maintenance Inc, l~J tic. h 679111 777 12E33 yli,i 6urton tis. ' Aliaivam. Gaiilornja 9780f-I27.2 "SEALED BID" ' for the ''�-� �`�L S Traffic Signal at Brookhurst & Garfield in the QV of Hu_ntinKton,Beach_ ✓��4r '1`�w {T�-'/.i S::-i�i�t.y--.- ':T _ " _ :-rt. -�-rNF-...• L-Y 1Y • r1', '} w'{•:• � -.{-� ,•y •mil` - -' 1�' - !. r.- 2V �±{,Vi j}{�} ice._•_ • 4 `1 ; .-� �, • �,.�� '�'�=--��� ; �,_'. s fir... - .:�'_: .fi : _ — - . ... - 4 .-y`�'i. `:.tip ^. r•ti ,.. :•4': - - .,,;"_ .'.•.r:. �: ..•.1:�.''•sz. &ON (�neV0 1 � . : , r=:-�'� -- � ' - .�._ :. a•�i�'��►��� ran � h�� 1 N[1N • • PROJECT BID SCHEDULE HAI2051BiD SCHED.XLS -Item ,Estimated Extended Rio. -Quantity Item. With Unit -Price Written in Words -Unit Price .' Amount 1 1 LS Traffic signal modifications @ Brookhurst & Garfield (excluding curb ramp construction) $ 4� I !�} S `7�j Per LS 2 2 EA Construct curb ramp per Caltrans Sid. Plan No. A88A Case C @ $ 3�sa s7706_ Per EA 3 2 EA Construct curb ramp per City of Fountain Valley Sid. Plan No. 117A $ 3gso-- 7 Boa Per EA 4 1 LS Survey monument preservation @ $�1D7 $ Mb Per LS Total Amount Bid in Fi ures: $ Total Amount Bid in Words: u C-1s 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 in the amount of $ 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: 11 Addenda No. I Date Received I Bidder's Signature 11 C-2 0 • 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 CL P401M SNG '/o 65- eANTY-,5R&PZ1V4 550C.166 3L By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 (:> 0 • NONCOLLUSION AFFIDAVIT 0 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 91L!L D u GA rJ , being first duly sworn, deposes and says that he or she is u "y"LID4 of S1 h P RL A `�� C F a- 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. i USM F1tft<1RMMA cbmnddm i 1295M M lobe - OWannlQ �enps Caneh► M►Q�B�pra�Mor?��6 Name of Bidder Signature of Bidder 22-93 VtN 4LALti)iD0 , NJk►-FC+-► CA Address of Bidder Subscribed and sworn to before me this Z1 A day of �J U V , 2003 - NOTARY PUBLIC ARY SEAL C-4 U 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 Traffic Signal at Brookhurst & Garfield (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: // Z5=D3 -5104-e- A%4iN_1FAjANC� VIr-. Contractor By Title O*J04-57-7015 AWVW?F� C-5 • i 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 2 0 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. C-6 0 • COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: /- 25 :]? .S9�aAe— N14tNt1nIGE I1"k-- Contractor By 0:6W-ROV S A44N66?eZ Title C-7 0 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 dumber, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: �L n�li4 Contractor 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. C-S • i BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -!9M- 1144IN I .L'NC Bidder Name 2Z53 UTA- ac1rz,-oQ Business Address A4i M C$ 92� City, State Zip ( Z1q- ) _50-4o00 - �- 0r10 5&-31-70 Telephone Number Cn77 // l C-10 .4 State Contractor's License'No. and Class q- 20 -IqR 3 Original Date Issued D-31-Zov5' Expiration Date The work site was inspected by ACX D1NCA#\f of our office on 11111103 , 200 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared9satisfy the Council of the City of Huntgton Beach of its ability, financially or othem ise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 516}JFL Mi�r���f'�Li; Company Name Signature of r aacy' C, 1)uP(-kt') Printed or Typed Signature Subscribed and sworn to before me this ksr day of Noy 200� . NOTARY PLrBLIC UWd6I=' I 9 SUSAN FUKUSHIMA Commission 0 12950M Notary Public - Califomic Orange County MY Cnmm. 5pres Mcr2J = 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: Gn'Y OF zA-14..A4 Name and Address of Public Agency Name and Telephone No. of Project Manager: NIEL60� WON( (562.) QO - q 7 2Z si MlaOIF t-i5 G-lq -03 Contract Amount Type of Work Date Completed 2. OF A V414EIM Name and Address of Public Agency Name and Telephone No. of Project Manager: WP5 DaAL LI I -746-LA08 453 0 r S/Iv41- Nlooirj��v�s l0- 1-03 Contract Amount Type of Work Date Completed 3. OrN OF (�,fP�2E 5;.5 Name and Address of Public Agency Name and Telephone No. of Project Manager: 14� 229 — L6�50 NIA Sr NgL-MoO►r-iC4- ON S N Contract Amount Type of Work Date Completed C-10 CITY OF HUNTINGTON' BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK L , 2004. r To: !,(� s �7`'.� /�J L� /its C . Enclosed please find your original bid bond issued by fly �'S7N.6 for . ' OC�� - Connie Brockway City Clerk Enclosure g:lfollowu plcashcontlretum bidbond.doc {Telephone: 714-538.62271 � � I d S Z &ON 1001 Vo IMN NOIDNIMH Ao 7tV VLiber interchange Corporate Center Bond Sex`vices- 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Member or Llbcrty Mtmgl Group - Ph. (610) 832-8240 BID BOND Bond Number: N/A KNOW ALL MEN BY THESE PRESENTS, that we POUK A STEINLE-, INC.. , as principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts mutual insurance company, as surety (the 'Surety'), are held and firmly bound unto CITY OF HUNTINGTON BEACH , as obligee (the "Obligee"), in the penal sum of TEN PERCENT OF THE TOTAL AMOUNT BID -------------------------------- ------------------------------------------------------ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: TRAFFIC SIGNAL AT BROOKHURST & GARFIELD CC-1205 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening; 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, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum 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. In no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 20TH day of NOVEMBER .20 03 WITNESS I ATTEST: POUK -S INLE; (Principal By: _(Seal) Name: Title: LIBERTY MUTUA INSIJ (Surety) LMIC-6000 Rev. 05114V NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with -the Terrorism Risk Insurance Act of 2002 (referred to.. hereinafter as the. "Act"), tliis.disclosure notice is provided for surety. bonds on which one- or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium :attributable to any bond coverage for. "acts of terrorism". as defined . in .Section 102(1) _of the Act is Zero Dollars' ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. L.\fiC-6539 2/03 CALIFORNIA ALL-PURPOSE ASOWLEDGMENT • Ik. 5907 State of California County of Orange On November 20 2003 before me, Rosa Estela Rivas, Noiary Public DATE NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared *******************•***Lourdes NAME(S) 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 acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSA ESTELA RIVAS c COMM. # 1447661 WITNESS my hand and official seal. � NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY 'I My comm. expires Oct. 28, 2007 I� �- 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) - H LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40871GEEF 2198 NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91 THIS POWER OF ATTORNEY IS NOT VALI6UNLESS IT IS PRINTED ON RED BACKGROUND. 1237655 This Pcwer of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. _ LIBERTY MUTUAL INSURANCE COMPANY - BOSTON,MASSACHUSETTS - _ POWER OF ATTORNEY KNOW ALL -PERSONS BY -THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a. Massachusetts stock insurance company, pursuant to and by authority of -the By-law and Authorization hereinafter set forth; does hereby name, constitute and appoint LOURDES LANDA, ROSA E. RIVAS; EUGENE T ZONDLO, ALL OF THE CITY OF IRVINE, STATE OF CALIFORNIA ........ ................... .................................................. .......................................... ....................................................... ....................................... .. each individually if there be. more titan one-named,-.lts true and lawful attomey-in-fact to:rnake,•execute, seal, acknowledge and.delive►, for and on its behalf assurety and as its act anddeed, anj and`all undertakings, bonds recognizancds and other surety obiiggatlons ►n the penal sum not exceeding TWENTY FIVE MILLION AND 00/.100*"- **_ *-**' OOLLA5s (s $25,000,OOO.oO*"'** = - f each, and the execution of -such undertakings, bonds,-recognlzances and :other surety obligations, ii►.putsuancd_of-these presents; -shall be as binding upon the Company as if they had been duly signed bythe:president andattested by the secretary of e.Company'In their awn proper persons.: That this power is made and executed pursuant to and by authority. of the following By-ta,rirand Authorization: ARTICLE XI II - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer -of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman -or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge- and deliver: as surety any and all undertakings, bonds, recognlzances and other surety obligations. Such attorneys -in -fact, subject 1a'the limitations set forth In.thelr respective powers of attorney, shall have full power to bind the. Company by their v si nature and execution of an such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C O g Y P Y _ as binding as it signed by the president and attested by the secretary: - _ _ - •� .bq By the following lnstn rm_ ent the chairman or the' press ident has authorized the officer or other official named thereinto appoint attomeys-in-fact: C C - - -- _- m. C Pursuant to Article XIII,-Section 5 of the .By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby R 'authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ deliver as suretyany and all undertakings, bonds, recognizances and other surety obligations. - 49 t LD w-4i That the By-law and the Authorization set forth atiove are true copies thereof and are now in full force and effect.CD _ LL L IN WITNESS WHEREOF, this Power -of Attomey has been subscribed by an authorized officer or official of the Company and the corporate seal of O . Liberty Mutual Insurance Company ha_ s been affixed thereto in Plymouth Meeting Pennsylvania this 28th • day of March Q r o•1 LIBERTY MUTUAL INSURANCE COMPANY 3 c .90 O d e 'Garnet W. Elliott, Assistant Secretary H C d.., COMMONWEALTH OF PENNSYLVANIA s_s COUNTY OF MONTGO_ MERY d c +� On thls 28th day of March 2003 before me, a (Votary Public, personally came Gamet W. Elliott, to me known, and acknowledged " O •E that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above w Power of Attomey and affixed the corporate seal of_Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. M 1 .6 ► .IN TESTIMONY WH fs�' P � unto subscribed my name and affixed my notarial sea! at Plymouth Meeting, Pennsylvania, on the day and year � C •`^ t1 BrSt above written. Q. �ONW (` _ _ _ c cc C i� VOA as No a to °ea c _- , O O _ P'r.—,Du h Np.. Mo- ;- e C ity -.-_ -B - " 1 C C Z C? _ _ -t-f C- -- 9son Fares Czar .A <<�CS - y- - O C ' y ��t rcx c nrf�7�x:a3 wc�Jyaares Ter Sa PiStslla, Notary Pubflc Q r .- CERTIFICATE H I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do"hereby certify that.the original power. of attorney of which the foregoing Is a full, true and correct copy, is in full force and effect on the.date of this certificate; and I do further certify that.the officer or official who executed the said power of attorney Is an Assistant Secretary specially authorized by the chairman or the: president:td appoint'attomeys-in-fact as provided In Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attomay issued by tfie company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMO Y WHEREOF �g hereunto subscribed my name and affixed the corporate seal of the said company, this - 20th day of Novem9er 003 YZ ` J'r David M. Carey, Ass fht Secretary 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On November 21, 2003 before me, Cynthia Olivas, Notary Public Data Name and Tipe of Onccar (a-9 . •Jane floe, Notary Publicl personalty appeared Bob Briscoe Naa'a(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence •s•••••••••a•••••••••••••••••••r••** CY"IA OLIVAS COMM #1340419 UM FrLEM - GWWI FID A • FVVERME COLMY • myo9iem4don Ferri JR 19. 2o0B • OPTIONAL Pr th to be the person(6) whose nam*) is/ars subscribed to the within instrument and acknowledged to me that he/sha4hey executedr� e same in his/heeir authorized capacity0A), and that by his/he4 teir signature(&) on the instrument the person(&), or th ac e entity upon behalf of which the person(G) fed, executed the instrument. W ITNESS my hand and o fete seal. � -r � \l . signatulrorNotary Pu :c - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond - City of Huntington Beach Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual roa of rt try Here ❑ Corporate Officer — Title(s): El Partner — ❑ Limited El General Attomey-in-Fact Trustee Guardian or Conservator ❑ Other: Signer !s Representing: 0 1999 hatorm Notary Aasmaton - 93W Do Solo Ave., PO- Boa 2402 - Chatawonh. CA 9.313-2402 • www.nadonalnotarf erg Prod- No 5907 Reorder. Call Toll -Fee 14a0o-979-U27 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the t Traffic Signal at Brookhurst & Garfield CASH CONTRACT No. CC-1205 in the CITY OF HUNTINGTON BEACH - 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 25, 2003 2:00 pm, 2nd FLOOR City Clerk's Office Robert F. Beardsley, DIRECTOR DEPARTMENT OF PUBLIC WORKS H:112051SPEC5 • 0 SECTION C PROPOSAL for the Traffic Signal at Brookhurst & Garfield CASH CONTRACT No. CC-1205 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF H`UNTTINGTON 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 40 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. C-1 Cl • PROJECT BID SCHEDULE HA1205\sm sCHEDMs Item Estimated Extended No. Quantity Item With Unit Price Written in Words Unit Price . Amount 1 1 LS Traffic signal modifications @ Brookhurst & Garfield (excluding curb ramp construction) @ Twenty Fight Thousand Five Hundred $ 28,565.00 $25,565.00 Sixtv Five Dcllurs and Zero Cents. Per LS 2 2 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C @ Two Thousand Dollars and Zero Cents. $ 2,000.00 $ 4,000.00 Per EA 3 2 EA Construct curb ramp per City of Fountain Valley Std. Plan No. 117A @ One Thousand Nine Hundred Ninety S_ 1,995.00 $__3,990.00 Five Dollars and Zero Cents Per EA 4 1 LS Survey monument preservation @ One Thousand Dollars and ZeroCents $ �1,000.00 $ ],,000.00 Per LS Total Arriount Bid in Figures: $ 37 555.00 Total Amount Bid in WordS: Thirty Seven Thousand Five Hundred Fifty Five Dollars and Zero Cents. C-1s 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 Bidders Bond in the amount of $ im _ 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: 11 Addenda No. I Date Received I Bidder's Sienature N C-2 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 thefwork to be done by such subcontractor. Portion gf Work Name and Address of Subcontractor State License Number Class Handicap Rsmps B & T works, Inc. 25060 Hancock, #103-337, tilurrieta, CA 925 2 784833 A, C--12 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Or e —Bi , bein Est duly morn. degos � says that he or she is of ��_ j �+ r-- _ e 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. Pouk Px Stein -le, Inc. Name of Bidder Signature of Bidder P.O. Box 3039, Riverside, CA 9_2519-3039 Address of Bidder Subscribed and sworn to before me this 21st day of November , 200 3 . NOTARY PUBLIC NOTARYSEAL C-a JURAT State of���� County of\ve_`(�\L\� ss. !!!! lH Hi !!lfiHl Nl Ml N!!i t NXIA OUVAS 00W 013W1s aU AMCOUNW + co-own melon ftift AM is. no j �!!!lifiH!!i!!!!!i!lliiiiilifii!!!!• Subscribed and sworn to (or affirmed) before me this tt�)A� day of ) Ov iti1b t , ��, by 0.Date Month Year Name o1 Signer(s) OPTIONAL Name Signartsj r i Signalcre of Notary Public Though the information in this section 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. W-_ • Description of Attached Document • Rmn here of 01 thu^ C•'lere Title or Type of Document: N�&X&k�A_ Document Date: Signer(s) Other Than Named Above: Number of Pages: c1999 National Notary As.^,oc,ation • 9350 De Soto Ave.- P.Q. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5914 Reorder: Call Toll -Free 1-800-876-6827 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 Traffic Signal at Brookhurst & Garfield (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: _ 11/25/03 _ Pouk & Steinle, Inc. _ Contractor By Daniel Title Lice President C-5 r 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 C 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. C-6 r r 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 1 will comply with such provisions before commencing the performance of the work of this contract. Date: 11 /25 /03 Pouk & Steinle Inc. Contractor ri By Daniel mith Vice President Title C-7 a Yw • • 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 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identiftcation Number: Contractor 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. C-8 .4 0 • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: _Pouk & 5reinle. Inc. Bidder Name P.O. Box 3039 Business Address Riverside, _ CA 92519-3039_._. City, State Zip ( 909 ) 682-2982 Telephone Number 576274 A, C-10 _ _ State Contractor's License No and Class Original Date Issued AuBust 31, 2005 Expiration Date The work site was inspected by Landon Smith of our office on November 21, , 200 3. The following are persons, firms, and corporations having a principal interest in this proposal: Bob Briscoe - President Don McNair - Senior Vice President H a- UM-W41--rall Daniel Smith -- Vice President C-9 4 F The undersigned is preparedtsatisfy the Council of the City of Hunts gton 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. Company 1 Signature of Bidder Bob Briscoe Printed or Typed Signature Subscribed and sworn to before me this2lstday of November , 2003. 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: City -of Newport Beach, 3300 Newport Blvd., NeigAort Beach, CA . -- Name and Address of Public Agency Name and Telephone No, of Project Manager: Tim Brahler/Ron Garret (949) 644-3346 $300,000 Traffic Signal MOdification 2-28—Q5 Contract Amount Type of Work Date Completed 2. City or Anaheim, 200 S. Anaheirn Blvd., Anaheim CA 92CO2 Name and Address of Public Agency Name and Telephone No. of Project ?Manager: _ Caster_ Williams _(714) 765-6843 $500,000 Street Lighting _ 3-01-03 Contract Amount Type of Work Date Completed 3. _ City of Costa Mesa, 77 Fair Drive, Costa Mesa- CA 92626 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tom Banks (714) 754-5324_ J55 000 Traffic Signal Modifications Contract Amount Type of Work Date Completed C-10 4 JURAT State of \ �. ���� On C\' County of 2_\14t Css. s &Y IA OLIVAS COMM #1340419 WWY PUBLIC • CALIFORNIA Rr#TJW OE COUNTY W OWWRWSW E9*W Jan. 19. 2005 Subscribed and sworn to (or affirmed) before me this �� day of !�C11f\1(r , by Date Month Year (t) ?pc�oj`C �---;c-M - Name of Signertsl OPTIONAL Name of ' er(s) s Signature of Notary Public Though the information in this section is not required by taw, 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 lTo---!'�,Pjm'a here T { or c' tr..'r,b nere i Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: C 1999 National Notary Associatior • 9350 De Soto Ave-, PO- Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5914 Reorder: Car Toll -Free 1-800-876-6827