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HomeMy WebLinkAboutInspection Engineering Construction - 2001-08-06PLEASE 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, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIIIIII1IIIIIIIiIlllll11111111111!IIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003000961257 08:54am 08/11/03 -119 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4� Ilk_ CORDER'S USE ONLY I l� 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: TSCOUP I AND II PROJECT, CC-1163 That said work was completed June 30, 2003 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 June 30, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this July 28, 2003. TR J) ! Director of Public Wor cs or My 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. 1 declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF C�vIPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orang�County. // J/ Dated at Huntington Beach, California, this July 28, 2003 Elirector of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 10.059-TITLE PAGE (R7l95) DPW axp'eot 11TY OF HUNTINGTON BEAR MEETING DATE: 7/07/03 DEPARTMENT ID NUMBER: PW 03-43 Council/Agency Meeting Held: '? -? —v 3 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign6hure Council Meeting Date: July 7, 2003 Department ID Number: PW 03-43, CITY OF HUNTINGTON BEACH' REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratoreooP c PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Authorize Additional Funds for the Traffic Signal Communications and Operation Upgrade Project (TSCOUP) Phases I and !l; CC-1163 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Public Works Commission Review, Attachment(s) Statement of Issue: A contract change order in excess of the currently authorized amount is required to complete the rehabilitation of the traffic signals project. Funding Source: Project funding in the amount of $160,000 was authorized for the project; however, the combination of budgeted grant and matching funds is $500,000 in OCTA/SIP (Orange County Transportation Authority/Signal Improvement Program) Fund, Traffic Signal Improvements, Account Number 87390009.84400. Recommended Action: Motion to: Authorize an additional $6,000 (5%) in contingency amount to cover anticipated changes on CC-1163, TSCOUP I and II. Alternative Action(s): Deny approval of the recommended action. Analysis: The contract award amount for this project was $140,000. The authorized change order amount was $14,000 (10%). Required and anticipated change orders will total approximately $20,000 (15%). Change order costs were increased because revised SCE standards required a modification in conduit capacity. G:\R C A\2003\03-043 July 7 Dale (Add Funds CC1163).doc 6/23/2003 11:17 AM / AQUEST FOR COUNCIL ACTIA MEETING DATE: 7/07/03 DEPARTMENT ID NUMBER: PW 03-43 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 150301 (c). Public Works Commission Review: The Public Works Commission recommended approval of this project at its June 18, 2003, meeting by a vote of 6-0-1 (Commissioner Gartland was absent). Attachment(s): RCA Author: Dale:jm G:\R C A\2003\03-043 July 7 Dale (Add Funds CC1163).doc -- 6/23/2003 11:17 AM -1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET -CALIFORN[A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH i. . TO: —Z�, -S 0gov.—Axi fii c ATTENTION: Name .29 7 3DEPARTMENT: StrRet REGARDING: City, State, Zip cc 1121 See Attached Action Agenda Item Date of Approval L/—(.-02— Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item: . Remarks: �� 0-4�z� Connie Brockway City Clerk Attachments: Action Agenda Page Agreement t/ Bonds Insurance RCA Deed Other CC: �J�s�`� /�/ate �i�PL Ot.tJ Name Department RCA Agreement Insurance Other. Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agmment Insurance Other Name Department RCA Insurance g:lfollowup/letters/coverltr.doc (Telephone: 714-536-5227 ) /- �f'66r��•�i��F 11ITY OF HUNTINGTON BEAC;1 MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096 Council/Agency Meeting Held: j/- -b 2- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signat Council Meeting Date: November 6, 2002 Department ID Number: PW 02-096 CITY OF HUNTINGTON BEACH o D =' REQUEST FOR ACTION V C) SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 0-i-42 CO n PREPARED BY: ROBERT F. BEARDLEY, Director of Public Works SUBJECT: APPROVE THE AMENDMENTS FOR CC-1171 AND CC-1163 Statement of Issue, Funding Source, Recommended Action, Alternative Actions►, Analysis, Environmental Status, Attachment(s) Statement of Issue: Amend two Public Works contracts, CC-1171 and 1163, allowing Inspection Engineering Construction, a sole proprietorship, to change its contractor's status to a California Corporation. Funding Source: Not applicable Recommended Action: Motion to: 1) Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and Inspection Engineering Construction for Installation of Traffic Signals 2) Authorize the Mayor and City Clerk to execute Amendment No 1 to Agreement between the City of Huntington Beach and Inspection Engineering Construction for Traffic Signal Communication and Operation Upgrade Project Alternative Action(s): Deny Approval of the recommended action. Analysis: Inspection Engineering Construction, previously a sole proprietorship, became a California corporation on May 19, 2002. The City currently has two pending, city -funded construction contracts: CC-1171, which is under construction, and CC-1163, which is ready to begin. Both parties wish to amend the two original agreements to reference the Contractor as a California corporation, and to bind the entity to the original agreement. G:\R C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc 10/28/2002 8:54 AM R • REQUEST FOR ACTION • MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096 Attachment(s): RCA Author: RAM GAR C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc �3- 10/24/2002 3:04 PM • • Cc -1/L 3 cc-el-71 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSPECTION ENGINEERING CONSTRUCTION FOR TRAFFIC SIGNAL COMMUNICATION & OPERATION UPGRADE PROJECT THIS AMENDMENT is made and entered into the �� day of ��L , 2002, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and INSPECTION ENGINEERING CONSTRUCTION, a California corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated February 4, 2002, entitled "Federally Funded Construction Contract Between the City of Huntington Beach and Inspection Engineering Construction for Traffic Signal Communication & Operation Upgrade Proiect (TSCOUP) Phase I & II; CC-1163" which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, CONTRACTOR, previously a sole proprietorship, became a California corporation on May 19, 2002, NOW, THEREFORE, the parties wish to amend the Original Agreement to reference the CONTRACTOR as a California corporation, and to bind the correct entity to the Original Agreement. The first paragraph of the Original Agreement is amended as follows: I'HIS AGREEMENT, made and entered into this 41" day of February, 2002, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY" and Inspection Engineering Construction, a California corporation, hereinafter referred to as "CONTRACTOR." 02agree/inspect amend 2nd/9/17/02 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 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. INSPECTION ENGINEERING CONSTRUCTION, INC., a California corporation, By: ew print 6me ITS: (circle one) Chairma reside ice President /:mil; By: V%%/u Se�✓c _ print n ITS: (circle one) ecretar Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Cit Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California u" I Mayor ATTEST: r _ APPROVED AS TO F RM: e- City A to y pl/ INIT AND PROVED: Director of Public Works 02agree/inspect amend 2nd/9/17/02 2 ;w RECEIVED, CITY CLERK RECEIPT COPY B Return DUPLICATE to try Jeffrey Hughes (ext. 6260) (Name) after signing/dating (Date). A ; ItR4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer A\T�T�N: Jim Slob1oj�an, Deputy City Treasurer FROM: JcfF�s DATE: &- 2-1-TL 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. MSC No. Approved 1163 (Council Approval Date) lwtik-4uN �A) 4 (Company Name) 115 S5w 61�556� Agenda Item No. E- q 6Uo- SS City Clerk Vault No. IN g:fjah/bondletter.doc 0 r CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: June 24, 2002 TO: Inspection Engineering Construction ATTENTION: Jamal Deaifi Name 2973 Harbor Boulevard, #516 DEPARTMENT: Street Costa Mesa, CA 92626 REGARDING: Constuuction Contract City, State, zip re: CC No. 1163 See Attached Action Agenda Item E-8 ; Date of Approval 2 / 4 / 02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW x x x x Name Department RCA Agreement Insurance Other R. Martinez DPW x x x x Name Department RCA Agreement Insurance Other S. Friedenrich Treas x bonds Name Department RCA Agreement Insurance Other RCA Agreement Insurance Other Name Department C. Mendoza Risk Mgmt x x Name Department RCA Insurance 1 Telephone: 714-536-5227 ) FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 1n S/�6c1`i�►s Fh51i/� t�aNs � G�ir►St/tc. o >�7 opt O / %Xr,i Ssn e. ,m.ed c4w;% 4Otr�?A�%y �•►i2i�% I�.eoTrrat L %�s�oW p� t'HAsc / 1 : CC- // 63 THIS AGREEMENT ("Agreement") made and entered into this 4th day of February 20 02 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �3/'EG7iOHi�i�Fr �wrsf�ac-t�ao�l, a California .o/E &oo/isfas�./� , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Tjj� .SisNo/�'J�1i'ed4.+s�lfs .¢7 4414iorf �ot4 {/,a s ,✓.f%; t%F in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agrcc/forms/fcdcral I I - 14-01/1/3/02 1 J • • 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; 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; S D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA agree/forms/federal 11-14-01/1/3/02 2 • • 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 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 agree/forms/federal 11-14-01/l/3/02 3 0AEffunolrxcl I`ool7.4am gc4od Dollars ($ �y0, DOd. oo ), 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 EI / (8a) consecutive ldo,ekf�4 gj from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all 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 agree/forms/federal 11-14-01 / 1 /3/02 4 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. agree/forms/federal 1 I -14-01 / 1 /3/02 5 • In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement 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 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 agrcc/forms/fcdcm] II-14-01/I/3/02 6 such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of f�It' 116eadRca Dollars ($ 5VO. 0- ) 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 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 agree/forms/federal 11-14-01/1/3/02 7 • • the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. 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. agree/forms/federal 11-14-01/1/3/02 8 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. 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 Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that agree/forms/federal II-14-01/I/3/02 9 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 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 Agreement 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 agree/forms/federal 11-14-01 / I /3/02 10 Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold 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. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. agree/forms/federal 1 1-14-01 / 1 /3/02 11 • • 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation 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 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 agree/forms/federal 1 1-14-01 / I /3/02 12 • • officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 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: 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all 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, elected and appointed agree/forms/federal 11-14-01/l/3/02 13 officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. 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. 23. 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 '/z %) for overhead and profit less all such payments already made. Such payment by CITY agrcc/forms/fcdcral 1 1-14-01 / 1 /3/02 14 shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 24. 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. 25. 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. 26. 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. 27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative . costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. agree/forms/federal 11-14-01/l/3/02 15 • E 28. 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 'DAJi,A 'A"A C 2000 Main Street Huntington Beach, CA 92648 29. SECTION HEADINGS 2273 - 45Ak-CTiw1 &45M c AK .�4SPECYioA C.054A mcm CA 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. 30. 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. agrcc/forms/fcdcral 11-14-01/1/3/02 16 • E 31. 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. 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 agrcc/forms/fcdcral I 1-14-01 / 1 /3/02 17 • 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. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 38. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of agree/forms/federal II-14-01/I/3/02 18 the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 39. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. agree/forms/federal 11-14-01 / I /3/02 19 B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 41. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 42. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general., agree/fortes/federal- I 1-14-01 / I /3/02 20 43. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 44. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 45. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 46. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). agree/forms/federal 11-14-01 / I /3/02 21 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 47. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. agree/forms/federal 11-14-01/l/3/02 22 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. agree/forms/federal II-14-01/I/3/02 23 E • C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 50. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 51. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 52. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree agree/forms/federal II-14-01/1/3/02 24 • • 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California a So/E �/bp.Qi��arCs�t�P Mayor ATTEST: .1 �Mw � l�c•. ►�r� - Prop�i etor C���'lrGe. ��d�+� print name ITS: (ci l City Clerk AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Cit dministrator agree/forms/federal 11-14-01 / I /3/02 25 APPROVED AS TO FO r City —Attorney/ v INITIAT PROVED: Directo Public Works qua cr A SECTION C PROPOSAL for the TSCOUP I & II Project CASH CONTRACT No. CC-1163 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 tlie'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 80 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 EMUSIr.A • TSCOUP I & II Project • PROJECT BID SCHEDULE CC-1163 Item Estimated° gY- fi.`:S SY ,.?y.j. a�-�A g em with p ce ' ' 3 g- _; , y k ' ,vwritten m words x {'S�:.c 5t�';S?i.. � .. ':_'. e44 i(: .x a:;:.�s x. ,# . t^>+ -.. - :'€;.•�"y:+ � ii1hit5MofflQuantitn ri Amount _ ,r�'C 1 Traffic Signal Modification at 21 Locations 1 @One, &!2i &,A9 I/r Ste" Ilars L.S. $ 2-7,36- Lump Sum 2 Remove and Reconstruct 4" PCC Sidewalk @ram/��f i7C_ Dollars $ 6 $ 2,200 SF � AI�Df F -4f Agga. Cents Per Square Foot Total Amount Bid in Figures: $ D o00 Total Amount Bid Note: The City will provide vehicle heads, push buttons, signs and antennas, and some appurtenances (see plans) at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook two working days in advance for pick up at (714) 536-5530. Contractor shall provide all cables. 0 C-2 If awarded the Contract, thledersigned agrees that in the event of &IDDER'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. I Accompanying this proposal of bid, find2id 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: Addenda No. Date Received Bidder's Signature C-3 SIST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number A)/A- 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-4 SONCOLLUSION AFFIDAVIO TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange amckA -boec `�V,I , being first duly sworn, deposes and says that he or she is (IIII) Y\t°Y of -V , C �—, 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. INSpEc?IaN ,Cn/('rNEF�►2Ti✓f�' CdNsTi2UGT_Tanj Name of Bidder r f Signature of Bidder 2973/f4 4-,* 1 BLvA/ �516; C�5f Address of Bidder GA , %2 �2 Subscribed and sworn to before me this 10 day NOTARY PUBLIC NOTARY SEAL C-s D E N I SE WOODARD sr COMM. #1314216 d NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY CO My Comm. Expires Aug. 2, 2005 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 TSCOUP I & II Project, (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: C-6 Contractor By Title 0 DISOALIFICATION QUESTIONIORE 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 To 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-7 COMI&SATION INSURANCE CER*ICATE 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: q • / C-8 Contractor By Title AERGROUND SERVICE ALEW 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: i✓//% _Z—c C-- Contractor By Title Date: / L//t/ •/ 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-9 0 BIDDER'S INFORMATION 0 BIDDER certifies that the following information is true and correct: Bidder Name zy -,--3 •s�.wG.r. /�/�.✓ ,ate s�'!, Business Address CV.sl, .G h 9z_a6 City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by V/.0-1 of our office on 1 L1V P , 200m/ The following are persons, firms, and corporations having a principal interest in this proposal: f%►wr a / DES f� C-10 The undersigned is prepay* satisfy the Council of the City of Huston 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 Name Signature of Bidder Printed or Typed Signature Subscribed and swornto before me this // day of PcFL , 2001. . - .. DMSE 6 WOODARD „ NOTARY PUBLIC / i'w910 1 .f,(J,D?FD� -1—0 1 COMM. #1314216 dE NOTARY PUBLIC • CALIFORNIA C .. ORANGE COUNTY M- I NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. s.�� t� r�-�/• Name and Address of Public•Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CITY OF HUNTINGTON BEACH BIDDERS LIST all Bidders/proposers are required to provide the following information for all DBE and non -DBE :ontractors, who provided a proposal, bid, 'quote, or were contracted by the proposed prime. This nformation is also required from the proposed prime contractor, and must be submitted with their aid/proposal. The City of Huntington Beach will use this information to maintain and update a 'Bidders" List to assist in the overall annual goal. DBE goal setting process. Firm Name:yn,'le-seX e. allip/e Phone: 10 7- Address: Z�o /l%i- Soh A- � Fax:, ° �i — Fo°/_ ..S4—tfo Contact Person:No. of years in business %b Is the firm currently certified as DBE under 49 CFR Part 26? YES ❑ NO Type of work/services/materials provided by firm? Z f<cy�rPc �-� s� �� , c-,&J- What was your firm's Gross Annual receipts for last year? ❑ Less than $1 Million ®'Less than $5 Million Cl' Less than $10 Million ❑ Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs) information. C-12 t The Bidder shall list the name and addrf each subcontractor to whom the Bidder pres to subcontract portions of the .'work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of the special provisions. Name and Address LIST OF SUBCONTRACTORS Description of Portion of Work Subcontracted (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder S• C C - , proposed subcontractor AI/A- , hereby certifies that he has _ , has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former. President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts. which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of S 10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period"or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Oncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of 0 ✓'0WIP-e-, DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, , . partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion. Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ' 0 DEBARMEO AND SUSPENSION CERTIWATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. k NONLO` YING CERTIFICATION • FOR FERAL -AID CONTRACTS ie prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and aief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing *or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant. loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. his certification is a material representation of fact upon which reliance was placed when this transaction was made or atered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less ian $10,000 and not more than $100,000 for each such failure. -he prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language f this certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such subrecipients shall ertify and disclose accordingly. 3 UdWOSURE OF LOBBYING ACTIVITIE COMPLETE THIS FORMWIDISCLOSE LOBBYING ACTIVITIES PURS* TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Ma. contract a a. bid/offer/application Fla. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year _ quarter f. loan insurance date of last report 4. Name and Addressor Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Naive and Address of Prime: aPrime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: S. Federal Action Number, if known: . 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award amount, if known: b. Individuals Performing Services (including address if different from No. IOa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission 8 a. cash d. contingent fee b. in -kind: specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 6. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made ` or entered into. This disclosure is required pursuant to 31 Print Name: d-1M * 1 DeO / F7 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: B9✓ilk to a civil penalty of not less than S 10,000 and not more than S 100.000 for each such failure. Telephone No.: Z 4o— `1L}IL Date: . r al, Federal Use Only: e Authorized for Local Reproduction Standard Form - LLL INSTRUCT; FOR COMPLETION OF SF-LLL, DISCLO E OF LOBBYING ACTIVITIES tis disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the aiation or receipt of covered Federal action or a material change to previous fling pursuant to title 31 U.S.C. section 1352. ie filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or :empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for :ditional information if the space on the form is inadequate.' Complete all items that apply for both the initial fling and aterial change report. Refer to the implementing guidance published by the Office of Management and Budget for :ditional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agencv name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g„ Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-00 L" 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federalaction. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution. specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress "that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office o�Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LI.I.-Instntctions Rcv.06-04-904,ENDIF,. Names, addresses and phone n -rs of firms selected for the work above: V_ 2 ¢o— 1-723-�- Cbs�.-,c am oO hZC-ZG E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date of Results Agency/Organization Contact- / H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): m • u City of Him ington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For TSCOUP I & II Project CC- 1163 November 9, 2001 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Please note the following revision to the project specifications: 1. The bid opening date is changed from November 27, 2001 to December 11, 2001. The bid opening date on the cover sheet and on the Notice Inviting Bids (A-1) should be changed. The time of the bid opening is unchanged. All bidders shall acknowledge the receipt of this addendum with their bid proposal. Dou to Principal Engineer Bidder Acknowledgement: 'nlS%'j'CTJ0- ,q EWF. Co�/SjieVGTTonI � _�- is �o o l Company Name By Date GAConstruction Contracts (CCs)\Cc1163\addendumI CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the TSCOUP I & II Project CONSTRUCTION CONTRACT No. CC-1163 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 27, 2001 2:00 pm, 2ND FLOOR City Clerk's Office Robert F. Beardsley, DIRECTOR DEPARTMENT OF PUBLIC WORKS GAConstruction Contract (CCs)1CC-11631TSCOUP Spec.doc . Lr* BID BOND KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION of 2973 HARBOR BLVD. SUITE 516, COSTA MESA, CA 92626 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAL GROUP I & II PROJECT NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 1ST day of OCTOBER - 2001 INSPECTION ENGINEERING CONSTRUCTION (Seal) Principal Witness Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA B SHAWN BLUME Attor-ney-in-Fact S-3208/EP 7/94 FIRST NATIONAL INSURANCE COMPANY OF AMERICA POWER A3 BROOKLYN AVE NE OF ATTORNEY TTLE, WASHINGTON 98105 MIMI4333 Broekryn Avenue N.E. Seattle, WA 98105 ' No. 9882 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Riverside, its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL, INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th day of Arne 1999 _4�F k� amo�&464 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL Z � >tsza ��: 4 ~�bjJl�IWAS��~ 7 this day of 0cy R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 6/8/99 PDF d STATE OF CALIFORNIA SS. COUNTY OF RIVJERSIDE On _ �� �I before me, R. STANDLFY PERSONALLY APPEARED personally known to nie (or „r^ iad to ,,, ^r t14Pi;,r;.. o @*W ` to be the person(4 whose name(s)- is/a�;a subscribed to the within instrument and acknowl- edged to me that he/executed the same in his/ -hoPA4e4 authorized capacity4es), and that by his/lief'/ -heir signatures} on the instrument the person(4 or the entity upon behalf of which the person(&) --acted, executed the instrument. WI'lNESS my hand and official seal. Signature SHAWN BLUME R. STANDLEY COMM. #1263272 ¢ NOTARY PUBLIC -CALIFORNIA LO RIVERSIDE COUNTY My Comm. Expire. June ?, 2Q. 4 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ro-osl Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT City_ Person to contact Project Anaheim Mr. Ken Riggins Traffic Signal / (714)-376-6744 Street Light/ Interconnect Hermosa Mr. Homayoun Behboodi Traffic Signal/ Beach (310)-318-0212 Interconnect Tustin Mr. Doug Anderson Traffic Signal (714)-573-3172 Fullerton Karen Kobayash Street Light (714)-738-6867 Orange Dennis Schmitz Traffic Signal (714)-532-6427 Project in Progress Fountain Jose Alir,P. E Traffic Signal Valley (714)-593-4517 Tustin Mr. Doug Anderson Traffic Signal (714)-573-3172 Fullerton Karen Kobayash Street Light (714)-738-6867 Amount Complete $130,000 10/25/00 $164,000 6/l/00 $98,000 10/1/00 $115,982 6/1/01 $199,000 8/5/01 $430,000 In Progress $239,000 In Progress $121,000 In Progress 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 NMIDATE (MMIDD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FARMERS® Dalati's Insurance Agency, Inc. , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #002190 (714)956-2222 Fax (714) 956-2434 COMPANIES AFFORDING COVERAGE CODE: 791 S.Brookhurst • Anaheim, CA 92804 COMAPANY FARMERS INSURANCE COMPANY INSURED INSPECTION ENGINEERING CONSTRUCTION COMPANY B JAMAL DEAIFI 2973 HARBOR BLVD. # 516 COMPANY C COSTA MESA, CA 92626 COMPANY D THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED. BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMBS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000.00 PRODUCTS - COMPIOP AGG 1,000,000.00 A ® COMMERCIAL GENERAL LIABILITY 0166900291 ' 616/02 6/14103 PERSONAL & ADV. INJURY 1,000,000.00 LAMS MADE ® OCCUR. EACH OCCURRENCE 1000 000.00 OWNER'S & CONTRACTOR'S PROT. - FIRE DAMAGE (Any one Fire) 76,000,00.00 MED EXP (Any one parson) j 5,000.00 A AUTOMOBILE LIABILITY ANY AUro - _ 015690 02 91 616/02 • • : _ 6l14l03 . COMBINED SINGLE LIMB $ 1,000,000.00 BODILY INJURY (Per person) $ A A ALL OWNED AUTOS SCHEDULED AUTOS ® BODILY INJURY (Per accident) $ '• A A HIRED AUTOS I NON -OWNED AUTOS .: :. : • PROPERTY DAMAGE $ ❑ APpRUVED 1�8 To CRl� •, ity �ttox'�e GARAGE LIABILITY ANY AUTO ❑ DULA llu BY epuy ( v• e'���"at Ik/ t0 vyAUTO 6 /)'1 O?/ I ,��y ��fl v1`1� 1 1' 'Gt \ ONLY • EA ACCIDENT $ OTHER THAN AUTO ONLY: y EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY �1S EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM Y*"— $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS• LIABILITY PRIEfOR/ ®INCI' PARTNER PARTNERSIDCECUTIVE _ .. N01085528 4/30/02 4/30/03 5TA77ORY LIMBS' $ 1,000,000.00 EACH ACCIDENT DISEASE - POLICY LIMIT S 1,000,000.00 DISEASE- EACH EMPLOYEE g . ; 1,000,000.00 OFFICERS ARE: EXCL OTHER A OTHER LEASED/ENTED 0156900291 6/6/02 4114/03 LIMIT 1,760,000 ANY CONTRACTORS EQUIPMEN ONE ITEM DED. 7500. ` DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESJSPECIAL ITEMS JOB: SIGNAL MODIFICATION AT VARIOUS LOCATIONS: CC1163 CONSTRUCTION CONTRACT CITY OF HUNTINGTON BEACH IS ADDITIONAL INSURED AND CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KMX46K)bj0AAIL 2000 MAIN STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HUNTINGTON BEACH, CA 92648 J{1X176tX�JtH046i@�C9Q3iITX�DCR�{4�'ILTiC J�Cl€Xa1��K.Yc1i3dCXI�LXT}(r�Clur3illiAX$X13€sXXc�€r}f3{)bK���IXI�61i� AUTHORIZED REPRESENTATIVE Additional Insured - Owners, Lessees or Contractors (Form 8) CG 20 10 11-85 Policy Amendment General Liability -ZUrtCO: _INSPECTION ENGINEERING POLICY NUNISER. 0156900291 CONSTRUCTION :000CER: DALATI'S ..INSURANCE QMENCY FPFPC:TIVE DA E: 06/06/02 SCWFDULE - — -- _ _ .. FARMERS"'� �me Of Person Or Organization: Dalati's Insurance Agency, Inc. License #002190 CITY OF HUNTINGTON BEACH (714) 956-2222 • Fax (714) 956-2434 ITS AGENTS, OFFICERS ANO EMPLOYEES 791 S.Brookhurst • Anaheim, CA 92804 HUNTINGTON BEACH, CA 92648 C NO ENTRY APPEARS ABOVE. INFORMATION REQUIREO TO'CO�MIFLE T E THIS ENOORScM1ENT WILL BE . :SOWN IN THE'OECLARATIOIVS AS APPLICABLE TO THIS-NOORSEMENT.j HO IS AN INSURED -,(Section V) is amended toin- liability.a,rising.•out,of,your work.for that insured by 'ode as .an insured the person or organization or for ou. own in.. the,Schedule.-but only with respectAb �:,.: `'1'RDmp City Pv ILA PY1 De (,7n PRIMARY INSURANCE ENCORGEMENT It is agreed that such insurance is afforded by this policy.for.the benefit of. INSPECTION ENG$ any clam. loss, ose ,,+TACsubcontractoes. operations or by - -shall 5e pr'mary as respect; any clam. c s o �r�...,,.� � „ its indeperu;ent contractors and any other:nsurance maintained by the above referenced additional insureds' shall be non-centnbutory with the Insurance provided hereunder. 4 Job: SIGNAL MODIFICATIONS _AT VARIOUS LOCATIONS CC 1163 CONSTRUCTION CONTRAi ?lu; Forn must De auaCne4 :o CnaAge Erder:c vent wAcr e1.;t;' r aFt' ;+e FOIKY 23 wr'lteh ONE CF !HE RR'EMAWS FUNC INSURANCE COMVANI:S A. :N -Mc— POLICY 4333 Brooidyn Avenue N.E. Seattle, VIA. 98105 PERFORMANCE BOND Conforms with The American Institute of Architect., A.I.A. document No. A311 Bond No. 6155561 PREMIUM: $3,100.00 EXECUTED IN TRIPLICATE IMOR' ALL BY THESE PRESENTS: that INSPECTION ENGINEERING CONSTRUCTION (Hcrc inter( full ns:no end eddross or legal title orconlraa*r) 2973 HARBOR BLVD., SUITE 516, COSTA MESA, CA 92626 as Principal, hereinafter called Contractor, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA 2677 N. MAIN STREET, SUITE 600, SANTA ANA, CA 92705(Here inscrtfull rrarne *rid address orlogs! tilleofSuret» as Surety, hereinafter called Sure[)-, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here ineart full name and addfcss of legal lltle of Ovmo() 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FORTY THOUSAND AND N01100 — — — — — — — — — — — — — — — — — — — — — - — — — — - - Dollars ($ 140, 00Q...00 — — — - for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, sacccssors and assigns, i0intlY and severally, firmly by these presents. NiREREAS, Contractor has by R-rittcn agreement dated , entered into a contract aithOR-nerfor SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS CC 1163 (Here insen full name, nddreas and description or prole -I in accordance with Drawings and Specifications prepared by N/A (Here Insert full reme and pddr�.s or Iegsl Ole of Arohilcct) which contract is by reference made a part hereof; and is hereinafter referred to as the Contract. s-12 ;9,'FNEF 2r98 Page 1 cf 2 0 Rc9i:l-red tr_demsr!t of SAFECO Corp;,ra:ion. • PERFORMANCE BOND • NOW, THEREFORE, THE CONDIT10\ OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in frill force and effect The Surety hereby wahms notice of any alteration or extension of time made by the Owncr. Whanever Contractor shall be, and declared In, Ch ner to be in default tinder the Contract, the OKmer having perfonned OT%mces obli`ations thereunder, the Siucty m2y 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 Y-izth its terms and conditions, and upon determination by Surety. of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and OKmer, and make available as NVork progresses (even though there should be a default or a succession of defaults under the Signed and sealed this 5 th day of JUNE - (Witness) (t�'itness) { 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 exccedin , inchrding 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 0 mer 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 iru-tibAed before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrete on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, ey-emtors, administrators or successors of the ORneI. , 2002 INSPECTION ENGINEERING CONSTRUCTION (dal) (Principal) / -- --;-V7 (Title) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Seal) (Surety) SHAWN BLUME, ATTORNEY —IN —FACT (Title) 1PFHOrI ''` r. .5 Tn VOTNji :GAIL r :; _ kttorney BY: s•1219TNEF V95 page 2 of 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS. On Vs` 04�' , before me, R. STANDLEY PERSONALLY APPEARED SHAWN BLUME 0 personally known to me ^•4a^^^^; to be the person(4 whose name(+ is/.w& subscribed to the within instrument and acknowl- edged to me that he/:executed the same in his/ .ham authorized capacity4es), and that by his/lief'/ 4-heir signature* on the instrument the person44 or the entity upon behalf of which the person{-�cted, executed the instrument. WITNESS my hand and official seal. Si ature : OPTIONAL � R. STANDLEY " CCEAM. #1263272 c ./ NOTARY PUBLIC • CALIFORNIA T P.IVERS(OE COUNTY My Comm. EXPIMS June 7, 2004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ry FIRST N.ATIONAL SUP '�rY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 EXECUTED IN TRIPLICATE LABOR AND MATERIAL PAYMENT BOND Bond No. 6155561 Conforms with The American Institute of Architects PREMIUM INCLUDED IN A.I.A. Document No. A-311 PERFORMANCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WfTH FERFORh1ANCE BOND IN FAVOR OF THE PW'NER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that INSPECTION ENGINEERING CONSTRUCTION (Here insert full name and address or legal title of Contractor) 2973 HARBOR BLVD., STE 516 COSTA MESA, CA 92626 as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA 2677 N. MAIN STREET, SUITE 600 (Here insert full name an8address oilegal title ofSurel) SANTA ANA, CA 92705 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here Insert full name and address or legal title of Owner) 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HINDRED FORTY THOUSAND AND NO/100 — — — - — — —. — — — _ Dollars ($ 140,000.00 for the payment whereof Principal and Surety bind themsehes, 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 Oi;mer for SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS CC 1163 (Here insert full name, address and description of projecq in accordance with Drawings and Specifications prepared by N/A (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S•1220/FNEF 2.198 Page 1 of 2 ®Registered trademark of SAFECO Corporation. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, TI lE CONDITION OF THIS OBLIGATION "is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably requited for use in the performance of the Contract, then this obligation shall be void, otherwise it Shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defused as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimanNs work or labor nas done or performed, or materials were famished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the giaterials Signed and sealed this 5 th S-1220/FNEF 2198 day of JUNE • (Witness) (Witness) r were furnished, or for whom the work or labor was done or peformed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal proceca may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract it being understood, ho-wever, that if any limitation embodied in this bond is prohibited by any lacy controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in - which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and riot elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics! liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 2002 INSPECTION -ENGINEERING CONSTRUCTION (Seal) (Principal) (Title) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Seal) (Surety) SHAWN BLUME, ATTORNEY —IN —FACT (Title) APPPOVr D- AS TO FORMvk/ G_1IL P iO�T, City A.ttll�r''orney Page 2of2 by : Dep;;;.y City Attorney STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On �15;10> , before me, R. STANDLEY PERSONALLY APPEARED SHAWN BLUME i personally known to me (oc „;oaw 4 to ..,a ^^ &1,@ Uasis9 _`: c -•• :a `. to be the person(o whose name(-+ is/.ra subscribed to the within instrument and acknowl- edged to me that he/executed the same in his/ authorized capacity(aes), and that by his/lie#/ 4keir signature* on the instrument the person4or the entity upon behalf of which the person4i;�-gcted, executed the instrument. WITNESS my hand and official seal. Signature _ C OPTIONAL ``= R. STANDLEY COMM. #1263272 N a � ry M ` NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 7, ZOW This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT IRS' riTTI TROT FIRST NATIONAL INSURANCECO.OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, W A 98105 EXECUTED IN TRIPLICATE Bond 6155561 MAINTENANCE BOND PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION 2973 HARBOR BLVD., STE 516, COSTA MESA, CA 92626 as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH,.2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, in the penal sum of FOURTEEN THOUSAND AND NO/ 100 — — — — — — — — — — -- — — — — — ------------------- - - - - -- (514,000.00------- ), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally; firmly by these presents. WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS; CC1163 for WHEREAS, said Contract has been completed, and was approved on day of 19 dated NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and a feet, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 5th day of JUNE 1 19 2002 INSPECTION ENGINEERING CONSTRUCTION (Seal) {T (Seal) (Seal) APPROVED A9 TO FORId:?,--- FIRST NATIONAL SURANCE COMPANY OF AMERICA =AIL HUT TON, City At'i prz ;c:) 3y: Deputy City !!ttcrnii;-; By SHAWN BLUME Attcrney-in-Fact S-3210/EP 7/94 STATE OF COUNTY OF CALIFORNIA RIVERSIDE On /5< D�- PERSONALLY APPEARED SS. , before me, R. STANDLEY SHAWN BLUME 0 personally known to me snti_iaeteiy euideiwe to be the person(s� whose name(+ is/ara subscribed to the within instrument and acknowl- edged to me that he/•executed the same in his/ h authorized capacity4@64, and that by his/keiq -heir signatures} on the instrument the person4or the` entity upon behalf of which the person(&) -acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL R. STANDLEY COM IF01. #i 263272 a NOTARY FLIBLIC . CALIFORNIA y RIVERSIDE COUNTY +s^i:%' My Comm. Erpiras :urvo 7, 2004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT y POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA All VM 4333 BROOKLYN AVE NE OF ATTORNEY LE, WASHINGTON 98105 4333 Brooklyn Avenue N.E. 1111110111 Seattle, WA 98105 No. 9882 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ►rr********+*+*****+****+*+**+**+*r**+r******r*+t**r****+*+*SI1A1�N BLUivIE; Riverside, Califomia***********************+r*+****+***+r****+**+*******r*****+++*• its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th day of June , 1999 _4�F U� alio�&49� R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may. be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not . be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY_ OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this Q fi 11 day of juivu- R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 6/8/99 PDF Company Profile • • Page 1 of 2 Am C inant"of Company Profile Insurance FIRST NATIONAL INSURANCE COMPANY OF AMERICA REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA SEATTLE, WA 98185 800-544-2614 Agent for Service of Process BONNIE N. LONG, 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA 92708 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 0163 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON 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 glossaU. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=3075 6/13/2002 Council/Agency Meeting Held: 82— Deferred/Continued to: Approved ❑ Conditionally Approve ❑ Denied pyl'- City Cler s Signature Council Meeting Date: 2/4/02 Department ID Number: PW 02-01 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a c - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSUj z `' SUBMITTED BY: RAY SILVER, CityAdministrator 6l� o �P= Q�- REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Award Contract for the Traffic Signal Communications antl-Opel�ltion Upgrade Project (TSCOUP) Phases I and II; CC-1163 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Public Works Commission Review, Attachment(s) Statement of Issue: Formal bids were received on December 11, 2001 for the Construction of the Traffic Signal Communications and Operation Upgrade Project, Phases I and II; CC-1163. Staff is recommending award to the lowest responsive/responsible bidder. Funding Source: Funds in the amount of $500,000 are budgeted in OCTA/SIP (Orange County Transportation Authority/Signal Improvement Program) Fund, Traffic Signal Improvements, Account Number 87390009.84400. Funding of $400,000 was provided through two OCTA/SIP fund grants ($200,000 each) and $100,000 through City Measure M Local Turnback funds. Recommended Action: Motion to: 1. Accept the lowest responsive/responsible bid submitted by Inspection Engineering Construction, and authorize the Mayor and City Clerk to execute the approved construction contract for the Construction of Traffic Signal Communications and Operation Upgrade Project, Phases I and II; CC-1163; and 2. Authorize the Director of Public Works to expend up to $160,000.00 for the project, including $140,000.00 for the contract; estimated contingency of $14,000.00 (10% of construction); and $6,000.00 for supplemental expenditures. Alternative Action(s): Reject all bids and direct staff to pursue alternative action. Failure to complete this portion of the project would jeopardize the OCTA grant funding received for the project and would likely result in the City reimbursing OCTA a portion of funds already received for the purchase of equipment. E,� AUEST FOR COUNCIL ACT MEETING DATE: 1/22/02 DEPARTMENT ID NUMBER: PW 02-01 Analysis: The City of Huntington Beach has received two SIP competitive grants to fund the upgrade of its traffic signal communications and operations master system. This will result in a fast, stable master system that is traffic responsive and can be monitored from the City Hall Traffic Operation Center. Grant funding for these projects includes the upgrade of traffic signal controller cabinets. The current cabinet/controller configuration does not take advantage of the full potential of the City's Type 170 controllers. The change out will allow for the maximum use of the current controller's features including the ability to obtain traffic volume data and transfer information directly to the traffic signal master system located in City Hall. This information can then be used by City staff and for input into the traveler information database. The construction bid documents are designed to address the requirements of the cabinet upgrades, along with ancillary improvements to accommodate the construction. The 21 intersections that will receive the improvements are identified in Attachment 1. The upgrades will also support the current Intelligent Transportation System (ITS) project. Through the expansion of the traffic volume and density information that can be gathered by the local traffic signal controllers, the City can automatically provide traveler information through the ITS programs. On August 6, 2001, City Council authorized the Director of Public Works to receive bids for the project. On December 11, 2001, three bids were received and publicly opened by the City Clerk, as follows, in order of least dollar amount: Contractor Bid Amount Ranking Inspection Engineering Construction. $140,000.00 1 Baxter -Griffin Co., Inc. $148,338.00 2 Brey Electric Corporation $148,750.00 3 Staff has reviewed the bid documents, checked references and recommends award of the contract to Inspection Engineering Construction as the lowest responsible/responsive bidder. Equipment and materials for the project will be purchased by the City through the approved process. This method provides a cost savings and ensures a product that is consistent and compatible with existing equipment. Compatibility is essential for maintenance purposes. The budget for the estimated contingency is $15,000 or approximately 10% of the total cost of construction work. These funds will be used only in the event that unforeseen field conditions warrant the expenditure. Prior budget authorization is necessary so that construction will not be delayed. Project supplemental costs are estimated to be $9,000 or approximately 5% of construction costs. Funds are budgeted in the event that the City requires independent testing, printing G:\R C A\2002\02-001 FEB 04 KATO.doc -2- 01/23/02 10:41 AM AUEST FOR COUNCIL ACTIIIN MEETING DATE: 1/22102 DEPARTMENT ID NUMBER: PW 02-01 and other miscellaneous costs that might arise throughout the course of the project. City Staff will provide construction management and inspection services. The total cost of the project is as follows: Construction contract (Inspection Engineering Construction) $140,000.00 Contingency $14,000.00 Project supplemental costs $6,000.00 TOTAL $160,000.00 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). Public Works Commission Review: The Public Works Commission recommended approval of this project at its July 18, 2001 meeting by a vote of 7-0. Attachment(sl: RCA Author: Kato G:\R C A\2002\02-001 FEB 04 KATO.doc -3- 01/23/02 10:41 AM • • ATTACHMENT 1 • PROJECT LOCATION File Name: W/Traffic Drawings/Traffic Signals/Tscoup/VicMap.dwg CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING TRAFFIC SIGNAL MODIFICATION TSCOUP I & II VICINITY MAP ATTACHMENT �%Q, ItZ, W y", nv, 14 to AV i4a 71 Ntl Da _tw ck 6�, Z1, - 0.1 INC" , _h 4y IZ Ov w. W, A,;"t A"'V I.A., •i all. I 1­i ilrL. .4;1s­,,- Nl� AR" 1; 14*- 4" 3 q Ff 14 4i ON la Q 17 ;ti AM ­41 W ;1 .4. 4ol Z A 4 r i. AI wr"Y. tu jM" .7 rti "t A4. 21. TIN .1—, 4t 74 IT Page 1 0 COPIES TO: Front Desk i.i,c 1VL-a CITY CLERIC CITY OF HUNTINGTON BEACH, CA 2001 DEC f I P 2: 13 Engineer City Clerk oL TSCOUP I & II PROJECT BID DATE: DEC. 11, 2001 @ 2PM (Engineer's Estimate: $115,025.00 ) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT '� 1. BAXTER-GRIFFIN CO. ' 91 15 o, 2. BREY ELECTRIC $ 3. CARLOS VILLEGAS ELECT. 4. HIGH LIGHT ELECTRIC 5. I.E.C. ' $ 1 T V Q $ 6. L. A. SIGNAL, INC. 7. 8. $ 9. 10. 11. 12. 13. 14 G\BID LIST I CI i Y CLERK CITY OF HUNTINGTON BEACH. CA 2001 DEC I I P 1= Sq i Q 1 o o = � v �.L N a .w -1Cm G� W !- � C N Z I 10 _Z d 11 030 ioaz bO MV30 NOlot4l1NnH A 1 I0 ``3'0 J7 J rr-rA i.j 0 PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) 1 am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, ' County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: November 15, 2001 November 22, 2001 November 29, 2001 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 29, 2001 at Costa Mesa, California. Signature TSCtOUPOffice uof the Diri3c- cx tor. of rPbIi •Works; ProfeCt« 12000 -Main`Street Hunt- CACT ington Beach, CA =No 1163xin the.1 i92649. CIT}ll tOF The AGENCY will de- WUNTINGTON ' 'duct a -10% retention >s ;from all progress pay - BEACH ments. The Contractor PUBLICNOTICE :ISllma substitute an HEREBY _GIVEN that'' escrow holder surety of the CITY '.OF HUNT- equal value.to,the reten- INGTON -,BEACH; as"'ition in accordance with AGENCY,,Jnvites :sealed ;the proyaccordagcie'Gal- bids_for jl eabove stated vr1af- z°- projects and .will receive, i ifornia Government such bids in the office'of Code Section 4590 the City. Clerk; Second The Contractor fidil `be beficiallowhpr` of the Floor 2000� Main Street, suenrety,: and -shall. receive Huntington Beach Cali- fornia 92646 ''-up` to `the ,any rnte4r %,,thereon. hour. of 2 00 pm on DO- The AGENCY hereby cember ,11; .200A.„Bids- I affirmatively ''-ensures that minority business will -be publicly openedin ienterprises will. -,be oaf; the•`• Council -, Chambers forded .full opp&6ni y to .. unless .=:otherwise submit•.`bids in,.re;ponse P Copes of +the `Plans, b this, notice and. will :not Specifications;, enri con- be. discriminated: against tract documents, are on the -basis of -race, available- froth the Office' _ color,. national origin, of the Duectot of Public ancestry sex; or religion Works 2000 Main in.. any consideration Sliest p Huntin ton leading to the award.of contract Beach CA. 9264t3 upon No bid shall, be con- $ndvmant.a of.: a . $25:00: , Regulations ; will be enforced. Any contract entered Into pursuant to this notice will in - payable to "the- AGENCY: for an amount no less than 10% of the amount bid. The successful bid- der -shall be licensed in' accordanc'e-e with! provisions of the Busi-1 ness and Professions Code and shall possess, a State Contractor's License Class A or 0-10 at the time of fthe .bid opening. The successful Contractor and his subcontractors will be required to possess busiri6-ss: licenses from the AGFNCY. aas. .. Y ORDER ' of I CTY `COUNCIL of -the CTY: OF HUNTINGTON, BEACHir, CALIFORNIA,- the 6th day. of August 2001. Attest: Connie Brockway, CITY CLERK OF THE CITY OF - HUNTINGTON BEACH j Published Huntingtons Beach Independent November 15, 22,:29, WY OF HUNTINGTON BEAC(D MEETING DATE: August 6, 2001 DEPARTMENT -T BW�PM)WvA-14 IER: PWDI-101 � I- Ala A 0 W Council/Agency Meeting Held: 03-do-o1 0 Deferred/Continued to: C) 'iA proved ElConditionally Approved ElDenied Cit er 's Signatures r Council Meeting Date: August 6, 2001 Department ID Number: PIV 0';1%" c-) '.T y CITY OF HUNTINGTON BEACH co REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratoraO PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work*n_ SUBJECT: Authorize Advertisement of Traffic Signal Comml�i V"Pris and Operation Upgrade Project (TSCOUP) Phases 1 a``jj1"1,, CC-1163 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the modification of traffic signal equipment at 21 intersections are complete and ready for bid requests. Funding Source: Funds in the amount of $500,000 are budgeted in OCTA/SIP Fund, Traffic Signal Improvements, Account Number 87390009.84400. Funding of $400,000 was provided through two OCTA Signal Improvement Program (SIP) fund grants ($200,000 each) and $100,000 through City Measure M Local Turnback funds. Recommended Action: Motion to: Approve plans and specifications, and authorize the bids for the TSCOUP I and II Projects; and Approve the attached Sample Contract subject .to responsive/responsible bidder. Director of Public Works to request award of the contract to the lowest Alternative Action(s): Deny the. request to advertise this project and provide direction to staff on how to proceed. Failure to complete this portion of the project would jeopardize the OCTA grant funding received for the project and would likely result in the City reimbursing OCTA a portion of funds already received for the purchase of equipment. Analysis: The City of Huntington Beach has received two SIP competitive grants to fund the upgrade of its traffic signal communications and operations master system. This will result in a fast, stable master system that is traffic responsive and can be monitored from the City Hall Traffic Operation Center. 01-101 August 6 Brohard (TSCOUP Bids) -,2� / 7/27/01 10:47 AM 0 REQUEST FOR ACTION 0 MEETING DATE: August 6, 2001 DEPARTMENT ID NUMBER: PW 01-101 Funding in these projects includes the upgrade of traffic signal controller cabinets. The current cabinet/controller configuration does not take advantage of the full potential of the City's Type 170 controllers. The change out will allow for the maximum use of the current controller's features including the ability to obtain traffic volume data and transfer information directly to the traffic signal master system located in City Hall. This information can then be used by City staff and for input into the traveler information database. The construction bid documents are designed to address the requirements of the cabinet upgrades, along with ancillary improvements to accommodate the construction. The 21 intersections that will receive the improvements are identified in Attachment 1. The upgrades will also support the current Intelligent Transportation System (ITS) project. Through the expansion of the traffic volume/density information that can be gathered by the local traffic signal controllers, the City can automatically provide real time traveler information through the ITS programs. Plans and Specifications: Project plans and specifications are available for review in the Public Works Department. Environmental Status: This. project is categorically exempt pursuant. to the California Environmental Quality Act, Section 1503 (c). Public Works Commission Review: The Public Works Commission recommended approval of this project at its July 18, 2001 meeting by a vote of 7-0. Attachment(s): RCA Author: Brohard:jm 01-101 August 6 Brohard (TSCOUP Bids).doc a 7125/01 9:18 AM ATTACHMENT #1 IFS • PROJECT LOCATION File Name: M:/Traffic Drawings/Traffic Signals/Tscoup/VicUop.dwg CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING TRAFFIC SIGNAL MODIFICATION TSCOUP I & II - VICINITY MAP ATTACHMENT • • ATTACHMENT #2 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE TSCOUP I & II PROJECT(CC-1163) THIS AGREEMENT is made and entered into on this day of , 2001, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the TSCOUP I & II Project (CC-1163) in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to, be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner agree/forms/fed FUND/07/24/01 SAMPLE • shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 2000 edition including 2001 supplement, of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 10801 National Boulevard, Los Angeles, California 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; 2 agree/forms/fedFUN D/07/24/01 SAMPLE D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision.said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal.of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 agree/forms/fed FUN D/07/24/01 SAMPLE 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 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 conditions 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 on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree 4 agree/forms/fedFUND/07/24/01 SAMPLE • • to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site 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 the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in 5 agree/forms/fedFUND/07/24/01 SAMPLE the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing. wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and 6 agree/forms/fed FUND/07/24/01 SAMPLE CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its 7 agree/forms/fed FUN D/07/24/01 SAMPLE 0 • subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. 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 working/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 Five Hundred Dollars ($500) 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY 8 agree/forms/fedFUND/07/24/01 SAMPLE • may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 9 agree/forms/fedFUND/07/24/01 SAMPLE 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the 10 agree/forms/fed FUN D/07/24/01 SAMPLE • • quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this . Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 11 agree/forms/fedFUND/07/24/01 SAMPLE • • 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by. CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be 12 agree/forms/fedFUN D/07/24/01 SAMPLE reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less 13 agree/forms/fed FUN D/07/24/01 SAMPLE than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14 agree/forms/fedFUND/07/24/01 SAMPLE • C] A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. 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 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 15 agree/forms/fed FUN D/07/24/01 .SAMPLE 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 agree/forms/fed FUN D/07/24/01 SAMPLE 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 agree/forms/fed FUND/07/24/01 SAMPLE • • CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 18 agree/forms/fed FUN D/07/24/01 SAMPLE • • CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 19 agree/forms/fedFUND/07/24/01 SAMPLE • • (d). The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq. ). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 agree/forms/fedFUND/07/24/01 SAMPLE E • 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator Mayor ATTEST: City Clerk APPROVED AS TO FORM: �oCity Attorney INITIATED AND APPROVED: !�)q'01 21 agree/forms/fed FUN D/07/24/01 SAMPLE Director of Public Works RCA ROUTING SliEET INITIATING DEPARTMENT: _ Public Works _. SUBJECT: Authorize Advertisement of Traffic Signal Communications and Operation Upgrade Project (TSCOUP) Phases' I and CC-1163 COUNCIL MEETING DATE: August 6, 2001 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 Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) 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 EXPLANATIt?N FOR NtIS.SING ATTACHMENTS Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF' ITEM: • FAX FROM: J J CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P.O. Box 19012000 Main Street Huntington Beach, CA 92648 (714) 536-5227 HUNTINGTON BEACH (714) 374-1557 FAX FAX #: (949) 646-5008 DATE: 1- OS-0 Number of Pages(including cover a e : B Deputy City Clerk To: NTERNET ADDRESS: Huntington Beach Independent Attn: Mike (Legals) http://www.ci.huntington-beach.ca.us OR Phone: (949) 574-4251 -http://www.hbsurfcity.com/clerk *** HB INFOLINE: 714-374-4800 *** Remarks: ❑❑ Urgent El For your review EJReply ASAPEjl Please comment, 0❑ Per your request MT�� SSAlxu 063 �tifil n�� (sue z2IV. 26 M0e, �l �JJks lr�A -- gAorms/97Forms/fax.doc NOTICE INVITING SEALED BIDS for the TSCOUP I & H Project CASH CONTRACT No.1163 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on November 27, 2001. 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. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards (Appendix II, III, IV), 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. • The bid must be accoomied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or C-10 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 6th day of August 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH 0 TRANSMISSION VERIFICATION REPOR DATE J I ME FAX NO./NAME DURATION PAGE(S) RESULT MODE 11/05 17:12 919496465008 00:00:49 03 OK STANDARD ECM TIME : 11/05/2001 17:13 Li..400 101Y)CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Mr. Jeffrey Hughes FAX 714.374.1573 Date: November 5, 2001 To: City of Huntington Beach, City Clerk's Office Project/CC No.: TSCOUP I & II Proiect 2000 Main Street CC-1163 Huntington Beach, CA 92648 Subject: Notice Inviting Sealed Bids ® We are sending you ❑ By Fed Ex ❑ We are hand delivering ❑ Prints ❑ Plans ❑ Other: Item.# "Copies Pages ' , : Description 1 1 2 Notice Inviting Sealed Bids for TSCOUP I & II Project, CC-1163 These are transmitted as checked below: ❑ For approval ® For your action ❑ As requested ❑ For review/comment ❑ Other: Remarks: We are readvertising the project (bid opening for October 2, 2001 was cancelled). Attached for your use is one copy of the Notice Inviting Sealed Bids for TSCOUP I & II Project, CC-1163 . Please advertise the subject project as required to meet the November 27, 2001 bid opening date. Please call me at 714.536.5214 if you have any questions. cc: By: Doug K , Principal Engineer HAKATOD\110\Nonci:INVITING SEALED BIDS TO CITY CLERK.DOc • 0 _�Xl� it- 0'�-01 SECTION A r"WI(W NOTICE INVITING SEALED BIDS for the TSCOUP I & II Project CASH CONTRACT No. 1163 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on November 27, 2001. 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. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards (Appendix II, III, IV), 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. 11 _ 22-a► A-1 The bid must be accomP antbY a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or C-10 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 6th day of August 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. 1 am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the. City of Huntington Beach, ' County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: September 13, 2001 September 20, 2001 September 27, 2001 i declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 27, 2001 at Costa Mesa, California. Signature NOTICE INVITING •payable to. the AGENCY SEALED' BIDS''"` for ah amount_ no "less for';the ,� "ti. than .10°/. of. 8 amount I -The successful bid'' Tsco�uP I�a�ufi s Pro eCt der shell+�be licensed in 1acco,rdance. -- with` .:CASH "CO O NTRACT provisions of the Busi- No 1163 ness: and. Professions . -the Code . and -'shall possess e CIT1170F a State , Contractor's HUNTINGTON :License Class A or 0 -10I BEACH at the Itime. of the bid PUBLIC' NOTICE' IS :opening The. successful THEREBY GIVEN -that Contractor ands. his I ,the CITY OF HUNT subcontractors will be INGTON EACH n es required to , possess a--=---businessZlicenses�from- AGENCY; invites sealed. ,the AGENCY:. bids,:fortthe aboye'stated The AGENCY .reserves projects' and will. receive the right to reject any.or' such bids in the office of all bids, to .waive any sr - the -City Clerk; Second regularity and to take all Floor,:2000 Main Sheet," bids under advisement Huntington Beach; Cali for maximum; period .of fornia 92648, up to=ahe, 60 days i hour of.20.0 pm on Octo gY` =.ORDER `` of the liui-7--7nni n;A. will--Y.e.. _.—.. -_-_-- - - Beach CA 92 48upo`n 4Published 'Huntington payment sof a`$2!}.00 aBeacli Independent �.+ . r I September 13, 20, 27,. nonrefundable) fee- ;f 2001° 4 p -icked,up or V payment"of x 0 2-276 .nonrefundable fee if ;mailed:'..'' This isfa_iRayis=6agon": project; and ;.the ,Federal'. ,:... Regulation§ will ' enforcedR %ny`E coritradi entered 'into' pursuant -to this not'iceV will 16-, corporates the provisions of .the.-.-bddral•-;Labor Standaids.�(APpendiz lf,' IW IV) which are on'file at the Office of .the Direc- tor of, -Public .'Works, 20001 Maih'Street, • Hunt. indtona':;Beach- CA 92648:. The AGENCY :Will de- duct .a 'tb% retention may • suosvtute> -an escrow holder suretyjof. equal value to the reten= tion in accordance with �!he�.provisions of the Cal- ifgrn`ia= 'Government Code°; Section 4590. 'The Cont'racfor 'shall 'be beneficiaktowner:^of the surety and "shall receive any interest thereon. -'"T, T;he ;AGENCY ; hereby affigAtively , ,ensures that "minority business eriterpHse"sr will be af- forded full opportunity''otb submit 'bids` in response in contrast`_:' ' '' No bid'shall be I con- sidered unless ' ' it • is prepared on the ap-. roved Proposal forms i :..., n;:confomiance with the instructions to Bidders. -The bid must be ac- companied by a certified check; cashier's check, or bidder's. bond made d 9_1D- 01 SECTION A NOTICE INVITING SEALED BIDS for the TSCOUP I & II Project CASH CONTRACT No. 1163 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on October 2, 2001. 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. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards (Appendix II, III, IV), 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. A-1 The bid must be accompanio a certified check, cashier's check, or er's bond made payable to the AGENCY for an amount no less than 10% of the amoun id. 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 A or C-10 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 6th day of August 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 w FOECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 o Attention: Connie Brockway Date: Septehger 11 21�� To: City Clerk's Office Project/C.C. No.: C. Ida -add 2CE2 Co � 2000 Main Street Regarding: TSCOUP 1 & II--naffiQ; ac­ C-) Huntington Beach, CA 92648 Improvement Project �" o o n We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications Copy of letter Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies J. Pages IDescription 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: For approval ❑ Approved as submitted Resubmit copies for approval ® For your use ❑ Approved as noted Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints 7 For review/comment 0 Other: Remarks: On August 6, 2001, the City Council authorized the advertisement of the TSCOUP I and II — Traffic Signal Improvement Project. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for September 13, September 20, and September 27 for bid opening on October 2, 2001. Please contact me at extension 5086 with any questions you may have. cc: B Y� I-b-6 Stachelski, PE, Associate Traffic Engineer G:\CONSTRUCTION CONTRACTS (CCs)\CC1163\CLERK BID AD TRANSMITTAL.DOC 11 ;, j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 24, 2002 ,2002 To: Baxter -Griffin Co., Inc. 8210 Monroe Street Stanton, CA 90680 Enclosed please find your original.bid bond issued by Connie Brockway, CMC City Clerk Enclosure Gulf Insurance Company for TSCOUP 1 & 2 - CC No. 1163 g:/followup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) • • GULF INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NO.: AE2672002 BID DATE: 10/02/01 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 MISSOURI, 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 TSCOUP 1 & 2; TRAFFIC SIGNAL MODIFICATION —PROJECT CC1163 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 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 1ST day of OCTOBER, 2001. BAXTER-GRIFFIN CO., INC. BY: JWNIU,p u►Pt� . — SF e.� I Tn,�as . GULF INSURANCE COMPANY BY: RANDY SP P HN, Att ne)/in-Fact CALIFORNIA ALL-PURPOSE AONOWLEDGMENT • State of CALIFORNIA County of ORANGE On 10/02/01 before me, ZARA S. SPORN, NOTARY PUBLIC , personally appeared RANDY SPOHN , X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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 ZARA �. SPOHN E0Vtjl. # t 230889 m co Yip`"C-;. Y' ,T Notary Public Califamia ORAN03E COU"4Ty uJ `4x�;� myComm. EXP. July 31, 2003 WITNESS my hand and official seal. Signature of Notary .f,�' i,-'.�Y !" ?s<'i't`J+cslX 1 -} �.�,.Y---`'� a- - -.�� - a - - i `tip e - - S v_ - ,aa x.•:'x ,y,,g"l y34, s OPTIONAL '.ZAS' ME a 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 F[:1 INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx 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 Y BOND HAZELWOOD, MISSO NUMBER AE2 6 ,1 6 POAVER OF ATTORN ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE NAME, ADDRESS 'SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE PRINCIPAL: CITY, STATE, ZIP SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. _KNOW ALL.%IEN BY THESE PRESENTS: That the Gulf insurance Company. !a corporation duly organized under the laws of the State of Nlissouri, having its pnn- Baxter —Griffin CO. Inc. ;cipal office in the city of Irving. Texas, pursuant to the following resolution, adopt- 8210 Monroe =ed by the Finance &Executive Committee of the Board of Directors of the said -Company on the IOth day of August. 1993, to wit: Stanton; CA 90680 "RESOLVED. that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of.Atiorney constituting as Attomey-in-Fact, such persons, "firms, or corporations as `!may be selected from time to time: and any such Attorney -in -Fact may be removed- EFFECTIVE DATE. and [he authority granted him revoked by. the President. or any Executive \•ice President, or anv Senior Vice President; or by the Board of Directors or by the .'Finance and Executive Committee of the Board of Directois: :: =RESOLVED. that nothing in this Power of Attorney shall be construed as a grant October 02, . 2001 iQ%authority to the auorney(s)-in-fact to sign, execute, ackno�iledge, deliver or eth- CONTRACT AMOUNT erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. i "`.-RESOLVED. that the signature of the President, Executive Vice President or = 'any Senior Vice President, and the Seal of-the.Company may be affixed town}' such 150,000..001 (estimate) :P,owii of Attorney or any certificate relating thereto by facsimile, and any such: . . .. ,;;powers so executed and certified by facsimile signature and facsimile seal shall be. BOND�AMOUNT - _'valid and binding upon .the Company in the future with. respect to any bond and - --=documents relating to such bonds to which they are attached: ' - !,Gulf Insurance Company does hereby make, constitute and appoint! - : $ Ten • "ercent- of " total bid amount 10% 'of bid) - Donna Carlson : ���� ,Randy Spohn, Zara Spohn-�� _ .tS =::4§-,true and lawful "attorney(s)-in-fact, with full "power and authority hereby conferred in its -name - place "and stead, to sign, execute, acknowledge and deliver in its `behalf, as surety. any and all bonds and undertakings of suretyship, and to, bind Gulf Insurance Company thereby "as fully and to the same extent as if any bonds, -under- ii6if6ngs:and documents relating to such bonds and/or undertakings' were -signed by the duly authorized officeFof_ttie Gulf Insu_ ranee Company and all th_e'acfs of said -attomey(s)-in-fact, pursuant to the authority herein given, are hereby ratified Eid confirmed:- _ ;. The obligation of the Company shall not exceed one.million (1,000,000),dollars. 1; i=INAVITNESS WHEREOF, the Gulf Insurance Company has_caused these presents to be signed by atiy officer of the Coinpany andrporate Seal to . its Co ' . hereto affixed.. - - - _ S)pANCf 4.�`' aPoq,Too�A GULF INSURANCE COMPANY.- - - - - - - - -_, _ :=- LweF STATEO.P. Miniter = = ) SS.: Executive Vice President, COUNTY OF NEW YORK ) _ - , On the lath day of April, 2000 A,D., before me came Lawrence P.-M_ inter, known to personally who being by me duly sworn, did depose and say; th`atbe resides in the County of Bergen, State of New'Jersey; that he is the Executive dice President of the'Gulf Insurance.Company, the corporation..`' ---described in and which executed the above instrument; that he. knoµs the seal of said corporation; that the seal affixed to the said instruments is such cor_ Ini po`rate. 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. l (n -- .- DAVIDJAFFA/::ff Notary Public, State of New fork - - - _ =: No. 02JA4958634. .'�--STATE OF \��1' YORK ) _- OF 1 " N Qualified in Kings County . SS = Commission Expires December 30, 2001 COUNTY OF NEW YORK 1 the undersigned, Senior Vice President of the Gulf Insurance Company; a Missouri Corporation, DO _HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.. _ Signed and Sealed at the City of New York. gANC�e cPO = IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII _ SEAL Datedthe lst day of- October 01.. - AE2672002 *1343815* So\jP� 5016-:�E (3C001) George Biancardi Senior Vice President -,; ,:rr . :.., _ Y. ,• - ,.,... - . • ... ,ly .:...,.:... ,i y= - s h. +,:t. '.. t •, :� ,i: ..r'r 7}r'- . ,� [r t<._f yer, •r.: ,y ., 5 eJ,''tS - R> ,.,.. .' :.may ..- .r : yy -�....,, . ... , . .. ..... .. _; :{ .._>.>. .�,"} .. .5. _:::>'::,.. :'` ':vim• .y' :.f„+t,._ 'i:'-:..r'i: _ i.. ,.. .., . .: .. ._ .:. u. •rr: J . :+a., !;< �q - . 1::C:�:;t.:., r} . : ......_ .. .-... .,. -. .:-9ii'', *�'•F>. tP.`+�t'. ...]2..i•.j-j' ,=•:,�',r . Tr'o .,J'. ,..,; 7{::n ?+,r,. 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'.:J.1'".i :'}.•,..• ,'f.� rK'}�, vt ..''yyyy.. ,{ 1'i' ,: Yx" .: hu, ;.A'rl'�::}, •} af' S' .,, .`:�:'' ;!+N': ::Z:" :•L;+'T' _ :Y' '.l 't.'y.. ,J:'a•• .r = ''.y .%:'' '1:F:}':r:r,, ., � SECTION C PROPOSAL for the TSCOUP I & II Project CASH CONTRAC1.T No.-CC-1163 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington'Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from.the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 TSCOUP I & II Project • ' PROJECT BID SCHEDULE CC-1163 It ii Nq EiFX mated �Quantty1� Item ntth. nce _ r P f xd 3 4 x �vntten �n words' _#� Unit _ xPnce a Amount_ 1 Traffic Signal Modification at 21 Locations 1 @ ONE } Lkwo k'w 'CHtRZ+, <AuQ7J tuff s L.S. $ 13_33380a DtrLAR�S '(-NOV.SAt�� C1aILE� kU.NDiI�EOTNIiI�i`j EU,ttf 1. 6 Lump Sum � 2 Remove and Reconstruct 4" PCC Sidewalk @ F lV �E '_- Dollars 00 $ 5. $_ 00DI_ 2,200 SF No Cents Per Square Foot Total Amount Bid in Figures: $ (L q 33F — 11 Total Amount Bid in Words: Z-AOCA. rr,_LOT TvAi.--ANn T,.ntt 1,lue�n,nsn Note: The City will provide vehicle heads, push buttons, signs and antennas, and some appurtenances (see plans) at no cost to the Contractor. Contractor to pick up materials'at the City Yard, 17371 Gothard Street. Contact Donn Strook two working days in advance for pick up at (714) 536-5530. Contractor shall provide all cables. C-2 If awarded the Contract, toundersigned agrees that in the event A 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 BoNthe 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: Addenda No. Date Received idderr . nature C-3 • LIST OF SUBCONTRACTS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number t�� c C . (' . Cow 4nc azv, tA Q-SS ri n, 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-4 WONCOLLUSION AFFIDAV* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark Dillard , 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 t JQ Signature of Bidder Mark Dillard, Secretary, Treasurer 8210 Monroe, Stanton, CA. 90680 Address of Bidder Subscribed and sworn to before me this 2nd day of October � 200 1 NOTARY PUBLIC NOTARY ROSE M. SCHRIEVER Commission # 1311045 i Notary Public - California Orange County My Comm. E)ires Jul 26, 2W5 C-5 UTILITY AGREEMENA 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 TSCOUP I & II Project, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person 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: October,:-::2, 2001 BAXTER-GRIFFIN CO., INC. Contractor By Mark Dillard Title Secretary, Treasurer C-6 DIPUALIFICATION QUESTIOTVAIRE 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 ® 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-7 COIWNSATION INSURANCE CEVIFICATE 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: nctohPr 9. 7001 BARTER -GRIFFIN CO., INC. Contractor Secretary, Treasurer Title C-s ADERGROUND SERVICE ALPT 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: BAXTER-GRIFFIN CO., INC. Contractor By Mark Dillard Secretary, Treasurer Title Date: October 2, 2001 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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BAXTER-GRIFFIN CO., INC. Bidder Name 8210 Monroe Business Address STANTON, CA 90680 City, ( 714 ) 826-5310 Telephone Number 290768 C10 State Contractor's License No. and Class 1/28/74 Original Date Issued 8/31/02 Expiration Date State Zip The work site was inspected by Mark Dillard of our office on 10/1/01 The following are persons, firms, and corporations having a principal interest in this proposal: Baxter -Griffin Co., Inc. Bert J. Griffin, President Mark Dillard, Sec/Treasurer C-10 The undersigned is prepa9to satisfy the Council of the City of Aington 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. Baxter -Griffin Co., Inc. Company Signature of Bidder Mark Dillard, Secretary, Treasurer Printed or Typed Signature Subscribed and sworn to before me this 2ndday of October NOTARY PUB NOTARY I 2aol ROSE M. SCHRIEVER Commission 4 1311045 z i Notary Public - California Orange County My Comm. Expires Jul 26, 2006 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 Santa Ana, 20 Civic Center Plaza, M-22, City Hall.Annex, Santa Ana, CA. Name and Address of Public Agency Name and Telephone No. of Project Manager: Public Works Traffic Signals $91,911.00 Project No. 1618 1/9/2001 Contract Amount Type of Work Date Completed 2. City of Westminster, 8200 Westminster Blvd., Westminster, Ca. 92683 Name and Address of Public Agency Name and Telephone No. of Project Manager: Peter Mackprang 714-898-3311 $35,882.00 Traffic Signal Mod. 3/2001 Contract Amount Type of Work Date Completed 3. City of Huntington Beach P.O. Box 784, Huntington Beach, Ca. 92648 Name and Address of Public Agency Name and Telephone No. of Project Manager: Public Works $43,606.00 Traffic Signal Sea Point @ Doral 6/2001 Contract Amount Type of Work Date Completed C-11 1 CITY OF HUNTINGTON BEACH All Bidders/proposers are required to provide the following information for all DBE and non -DBE contractors, who provided a proposal, bid, quote, or were contracted by the proposed prime. This information is also required from the proposed prime contractor, and must be submitted with their bid/proposal. The City of Huntington Beach will use this information to maintain and update a "Bidders" List to assist in the overall annual goal DBE goal setting process. Baxter-Griffi.n,,Co., Inc. Firm Name:' Phone: 714 826-5310 Address: 8210 Monroe, Stanton, CA, 90680 Fax: 714 826-3742 Contact Person: Mark Dillard No. of years in business 30 Is the firm currently certified as DBE under 49 CFR Part 26? ❑ YES ® NO Type of work/services/materials provided by firm? Installation of Traffic Signals/Streeti I What was your firm's Gross Annual receipts for last year? ❑ Less than $1 Million lM Less than $5 Million ❑ Less than $10 Million ❑ Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs) information. No collusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of HUNTINGTON BEACH DEPARTMEW OF PUBLIC WORKS. 1n conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. The Bidder shall list the name and ad* of each subcontractor to whom the Bidder0oses to subcontract portions of the ' work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of the special provisions. Name and Address LIST OF SUBCONTRACTORS Description of Portion of Work Subcontracted CAMILO LOPEZ, INC. (C L CONCRETE) CONCRETE WORK 1035 WEST GLADSTONE STREET AZUSA, CA 91702 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder BAXTER—GRIFFIN Co.- INC. , proposed subcontractor . CAMILO LOPEZ, INC. (C L CONCRETE) , hereby certifies that he has has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former -President's- Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts. which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of S 10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. • NONLOBWNG CERTIFICATION • FOR FEDMAI,-AID CONTRACTS ie prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and :lief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing'or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. his certification is a material representation of fact upon which reliance was placed when this transaction was made or :1tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less. ian $10,000 and not more than $100,000 for each such failure. lie prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language f this certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such subrecipients shall :rtify and disclose accordingly. DEBARMOT AND SUSPENSION CECATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in.any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 0 INSTRUCTI�OR COMPLETION OF SF-LLL, • DISCLOS OF LOBBYING ACTIVITIES 0 its disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Nation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. to filincy of a form is required for such payment or agreement to make payment to lobbying entity for influencing or :empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for `ditional information if the space on the form is inadequate. * Complete all items that apply for both the initial filing and aterial change report. Refer to the implementing guidance published by the Office of Management and Budget for 'ditional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agencv name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es)..Check all boxes that apply. If payment is made through an in -kind contribution. specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, -gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office o�'Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rcv.06-0440ANDIFo CLOSURE OF LOBBYING ACTIVITI COMPLETE THIS FORINWO DISCLOSE LOBBYING ACTIVITIES PUR T TO 31 U.S.C. 1352 1.\loan ederal Action: 2. Status of Federal Action: 3. Report Type: t Ela. bid/offedapplication ❑ a. initial b. initial award b. material change. ative agreement c. post -award For iVlaterial Change Only: rantee year_ quarter su ce date of last.report 4.d A ress of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime \[] Subawardee Tier , if known Congressional District, if kn& G. Federal DepartmentlAgency: 8. Federal Action Number, if known: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable A ` / Award amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI address if different from No. 10a) (last name, first name, MI) (attach Continuation Shect(s) i ecessary) 11. Amount of Payment (check all that apply) 13. Ty of Payment (check all that apply) S actual planned a. retainer b. a -time fee 12. Form of Payment (check all that apply): C. co ission 8 a. cash d. conti ent fee b. in -kind: specify: nature c deferre value f. other spe 'fv 14. Brief Description of Services Performed or to be performed and Date(s) of Servi , including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No El 6, information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made ` or entered into. This disclosure is required pursuant to 31 Print Name: U.S.C. 1352. This information will be reported to Congress semiannuafty and will be available for public inspection. Any Title: person who fails to rile the required disclosure shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 rbr each such failure. Telephone No.: Date: Federal Use Only: Rev. U9 Authorized for Local Reproduction Standard Form - LLL ' a. Profit and loss sharing. • b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revised 3-95 08-07-95 ............ .N........oF..............0................................... ............. ameinn Name of Firm ..................................................................................................... Signature Signature ..................................................................................................... Name Name ..................................................................................................... Title Title ..................................................................................................... Date Date Date State of County of On this _ day of , 19 —, before me appeared (Name) to me" personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Date State of County of On this _ day of 19 before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] FR-2 SECTION 14. FEDE& REQUIREMENTS FOR FEDERAL-AIDNNSTRUCTI ON PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON -COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venture firms are minority owned.) Name of joint venture N/A 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of MBE ownership? — 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised 3-95 08-07-95 FR-1 CCCCCCCCC TTTT CCCCCCCCC TTTT CCCC TTTTTTTTTTTTTT CCCC TTTTTTTTTTTTTT CCCCCCCCC TTTT CCCCCCCCC TTTT TTTT TTTTTTTTT CALTRANS Certification Numbers CT-001054 Certifying Agencyt CALTRANS Expiration Dater 05-01-2002 Contact Persons ELVIRA LOPEZ Attention: ELVIRA LOPEZ CAMILO LOPEZ, INC (C L CONCRETE) 1035 WEST CLADSTONE STREET AZUSA, :A :170Z HISPANIC MALE CORPORATION (626) 334-2357 -----Post in Public View----- DEPARTMENTOF TRANSPORTATION Business Enterprise Program PO BOX 142874 - MS 79 SACRAMENTO, CA 94274-0001 (911) 227-9599 0 --- a CERTIFIED PROGRAMS --- DBE SMBE J - CERTIFICATION MUST BE RENEWED 120 DAYS PRIOR TO EXPIRATION DATE. --- It .is your responsibility tot Apply for Recariification on a Timely Basin. - Review this notification for accuracy and notify Caltrans in writing of any necessary changes. --Preferred WORK LOCATIONS----- CF CENTURY FREEWAY 19 LOS ANGELES 30 ORANGE 33 RIVERSIDE 36 SAN BERNARDINO 56 VENTURA --Preferred WORK CATEGORIES and BUSINESS Typea----- 05100 CONCRETE STRUCTURE S C510S MINOR CONCRETE STRUCTURE S C5110 CONCRETE SURFACE FINISH S C7301 CONCRETE CURB A SIDEWALK 5 s Only certified DBE's may be utilized to meet Federally funded contract goals. Only certified SMBE or SWBE'n may be utilized to meet State funded contract goals. Only certified CFMBE or CFWBE's may be utilized to most Century Freeway contract oasis. 0 ' 3 'n r 0 z ci m -i m LJ a z m W., m N m U w A C4 • FROM C L CONCRETE PHONE NO. : 6263343517 • Dec. 11 2001 12:27PM P3 1fl:cl JAx7 1F--IN NO.464 pet ' • r CITY OF HUNTINGTON BEACH BIDDERS LIST ,11 Bidders/proposem are required to provide the following Information for all 013E and non-013E wtractoM who provided a proposal, bid, quote, or were contracted by the proposed prime. This nformation is also rewired from the proposed prime contractor, and must be submitted with their Wiproposel. The City of Huntington Beach will use this information to maintain and update a Bidders" List to assist In the overall annual goal DBE goai setting process. =irm Name: C Clone re-}L Phone: a.6 - 33L-t - A :�i57 4ddreas: _loZlsL��.�-on C- ST fax: t6 - 35 17 �So -CL-0, 9 I `70&_ Contaet Person: C'_nm 1 l n L_c��._ No. of years In businese_yea<, is the firm currently certified as 013E under 49 CFR Part 26? Q YES p NO Type of work/servicea/mat,eriats provided by firm?, Form Cinch TC)Q C ,C_ %J('J�S.,_, What was your firm's Gross Annual receipts for last year? l ❑ Less than $1 Million 113 Less than $5 Million p' Lesa than $10 Million p Less than $15 M1111on p More then $16 Million This form can be duplicated if necessary to report all bidders (DBEs and nor+ -OBEs) information. M • City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For TSCOUP I & II Project CC- 1163 November 9, 2001 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Please note the following revision to the project specifications: 1. The bid opening date is changed from November 27, 2001 to December 11, 2001. The bid opening date on the cover sheet and on the Notice Inviting Bids (A-1) should be changed. The time of the bid opening is unchanged. All bidders shall acknowledge the receipt of this addendum with their bid proposal. Dou to Principal Engineer Bidder Acknowledgement: Company Name By Date GAConstruction Contracts (CCs)\Cc1163\addendumI .j, je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 24, 2002 ,2002 To: Brey Electric Corp. 408 Elm Avenue Enclosed please find your original bid bond issued by Developers Surety and Indemnity Company for TSCOUP 1 & 2 - CC No. 1163 Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) Twig INSCO INSURANCE SERVICES, INC. inSC%iCO Underwriting Manager for: o Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. Premium is included in Performance Bond, KNOW ALL MEN BY THESE PRESENTS, That we, Brey Electric Corp. as Principal, and Developers Surety and Indemnity Company __ - a corporation authorized to transact a general surety business in the State of Iowa bound unto the City of Huntington Beach as Surety, are held and firmly (hereinafter called the Obligee) in the full and just sum of 10% of bid _ Dollars, ($ 10% of bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL hassubmitted the accompanying bid for TS.COUP I and II Project Construction Contract No. CC-1163 In The City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 5th Brey Electric Corp. Principal ID-1198 (Bid Bond) (REV. 1/01) day of December Developers Surety a4indemnity Company 2001 YEAR Surety By/� . . ' Dia M. Nielsen Attomey-in-Pact STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON BEFORE ME, PERSONALLY APPEARED: Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate LUIS GARCIA, Notary Public DIANE M. NIELSEN () Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature: Luis Garcia, LUIS GARCIA Commission t 1310163 Notary Public - California Z Riverside County MIr Comm. Exorm Jul 20, 2005 ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but not jointly, hereby make, constitute and appoint: **PAUL W. LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT COSTELLO, JEANETTE MCCULLOCH, LINDA N. WELD EDWARD J. TALEN, JOINTLY OR SEVERALLY' as the true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomcy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'1' day of November, 2000. e �1 y: `' •( AND � '% S N David H. Rhodes, Executive Vice President JQ. ............. OF��•' y .4boP 2F•; y e "u, SEAL = { a . 1936 ' 0 By: i°- ° , Walter A. Crowell, Secretary �7 /OW P ,4aa c STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) ANYO -k 9M\ -t, o(aPOggr C9� wOCT.5 Fa T O 1967 Z Z \ CgtIFOP�\P / On November 8, 2000, before me. Dianc J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. L >� Signature CERTIFICATE . DIANE J. KAWATA COMM. 011679 M NOTARY PUBUC-CALIFORN A m ORANGE COUNTY My Cotten. EQ. Jan. B, 21102 The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, arc in force as of the date of this Certificate. This Certificate is executed in the Citv of Irvine, California, the 5 th day of December , 2001 By a 4. David G. Lane, Chief Operating Officer ..., . . .. ­-, 'p I .. �e4.­', . - . .. : .. . .. .. .. , ; ­ " . . . . f,4� ,i ­­Z%. ­.�--!i,,-`-�, ""; - ".� 1.1;i,w.,a *'-I- - 7 , , .,�� ".,7 .. . , . �11 . , "', 1, .. 11 .. 1, .­, i 73r..:Y,� I le, ,,,�,n-,..,,, .I..", '... �:. _,"_- "'.1 .... _1"GQv0vWnF+ :-. 1; I 1, �- I :I :, �. - ­ ;. I J.1 ­ � , ­­­_ - ��I­c � .;��:"�., 'f,',;,&. ., ; . .. ,J,:-,t- .,.,I ... - - ,I- - ..7 -, , , , �,' " I . . ., , -.; :, . 3 " ". ". 1.41�. 1':L_",�, ;­�, - � �;, ') . , , f ­z� '. ; ,; �� ...... I ,Q j , . ',�j � � . , - ­,-�, �- , . - " .1 � 'i", , �, ;­� ��,., - '. i `�.*, , -, 1� B` I �,- I 4 -1 -, � ..! f"; , .,i,; .,. ",N�J ". �;, ­ - - . . ., , z '". . , ." . . , ,6 �_,, ,.� . r 6 . '. i . -43, .1.01" .- 1 a -a,-w-- W - " �1­ % .. I , , , '­ % � , " ! ­5 - - - , . 1. 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Hey . 3 . . . . . . � . , � ., �Z. .1 . .. _. . _U. ., . .. � , ... . - I . 1) .. . . � , ­ ... i..k...­Yt­ . � . . a sor. . 11� . . -,-`� .r, ..`� ..... ,I 4 �, � , , , , , , , , . _L11 . 1. --:' -, _. ­... -;!. . _. - . - � � . 1. .., - .1 .. � � , . . : qwcyf � . . .1 . . .: �'�-L - , - , :` � � . I � � . I 6. . � 1711?v N SECTION C PROPOSAL for the TSCOUP I & II Project CASH CONTRACT No. CC-1163 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 80 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 TSCOUP I & II Project • PROJECT BID SCHEDULE CC-1163 Ite m; No �,€. �'k� sti Emated Quantity; .z, ^,�'.i.; ,. sz?�� _Itewith rice `� x Jill � _ �.��P � �, _ � �• written �nwords �..:?Y:.�.•. '-�°.�. �..�..'r�� •.� htc.' �: t+"."°�`_'`� Unit�,�. :: Price '"'�ZsY .`.ue � �'��. � Am unt ^,rx�� ,r 1 Traffic Signal Modification at 21 Locations @ One_ Hundred eight' Thousand},iqu' L.S. $-108, 000. 1 No Cents Lump Sum 2 Remove and Reconstruct 4" PCC Sidewalk R Eighteen Dollars $ 18.52 $ 40,750.01 2,200 SF Fifty Two Cents Per Square Foot Total Amount Bid in Figures: $ 148 750.00 Total Amount Bid in Words:__..._......... _....E ke d'._ tv__.Fight_ vs�*—.Sevea.__..�_._.._�_ _ un 1 gus Note: The City will provide vehicle heads, push buttons, signs and antennas, and some appurtenances (see plans) at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook two working days in advance for pick up at (714) 536-5530. Contractor shall provide all cables. C-2 If awarded the Contract, th&ersigned agrees that in the event of OIDDER'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 Bid Bond in the amount of $14, 875.00 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 1 C-3 WST OF SUBCONTRACTOR r. In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: L . 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-4 . • • ham'•-- •r • City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For TSCOUP I & II Project CC- 1163 November 9, 2001 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Please note the following revision to the project specifications: 1. The bid opening date is changed from November 27, 2001 to December 11, 2001. The bid opening date on the cover sheet and on the Notice Inviting Bids (A-1) should be changed. The time of the bid opening is unchanged. All bidders shall acknowledge the receipt of this addendum with their bid proposal. Dou to Principal Engineer Bidder Acknowledgement: Prey Electric Corporation C�12/10/01 Company Name By Date GAConstruction Contracts (CCs)\Cc1163\addendumI OONCOLLUSION AFFIDAVIO TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of OaW Riverside Matt Brey , being first duly sworn, deposes and says that he or she is President of Brey Electric Corp. 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 defository, or to any member or agent thereof to effectuate a collusive or sham bid. Brey Electric Corporation Name of Bidder C Signature of Bidder 408 Elm Ave., Beaumont CA 92223 Address of Bidder Subscribed and sworn to before me this 10 day of Dec , 2001 NOTARY PUBLIC CHERRI WILSON Commission # 1261563 Z Notary Public - California g lrverside County My Comm. 5q*es Apr22, 2 004 NOTARY SEAL C-5 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 TSCOUP I & II Project, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person 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: 12 10 / 01 C-6 Brey Electric Corporation Contractor —WJ 2- I: President Title ..1 'N ,•. • DI4ALIFICATION QUESTIONIORE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain,the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMIOSATION INSURANCE CER*ICATE 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: 12/10/01 C-8 Brey Electric Corporation Contractor President Title AERGROUND SERVICE AL 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: Brey Electric Corporation Contractor 12 Title Date: 12/10/01 President t L� 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-9 0 BIDDER'S INFORMATIONS BIDDER certifies that the following information is true and correct: Brey Electric Co=oration Bidder Name 408 Elm Avenue Business Address Beaumont CA 92223 City, ( 909 ) 845-3971 Telephone Number 778014 C10 and A State Contractor's License No. and Class 4 lZ$ /o o Original Date Issued 04/30/2002 Expiration Date The work site was inspected by J.D. Elmquist State Zip of our office on 12/03 92001 The following are persons, firms, and corporations having a principal interest in this proposal: Matt Brey Jose Sevilla The undersigned is prepare satisfy the Council of the City of Huogton 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. Brev Electric Corporation Company Name Signature of Bidder Matt Brey Printed or Typed Signature Subscribed and sworn to before me this 10 day of Dec , 2001 CHERRI WILSON Commission # 1261563 Z Notary Public - COIROMIa Riverside County MY Comm. 6cpires Arx 2Z 2W4 U NOTARY PUBLIC 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: 2 3 Palm Desert 73-510 T'rp-d Waring Tyr _ ., Pa 1 m T)pcert CA_ 92260 Name and Address of Public Agency - Name and Telephone No. of Project Manager: Tom Bassler 760/346-0611 $9,310.00 Electrical 06/1998 Contract Amount Type of Work Date Completed NOCCCD 1000 N Lemon St.. Fullerton CA 92832-1351 Name and Address of Public Agency Name and Telephone No. of Project Manager: Pat Reish 714/578-8463 425,900.00 Exterior Lighting 04/2000 Contract Amount Type of Work Date Completed State of CA', Mi 1 i tar= Pi vi ci nn P n Pax 2(i 19 Q1 $arramentn CA 95896 Name and Address of Public Agency Name and Telephone No. of Project Manager: Yousef Abdou 916/854-3543 97 ,650 - 00 Seciiri ty T.i gh i ng 1012000 Contract Amount Type of Work Date Completed C-11 CITY OF HUNTINGTON BEACH BIDDERS LIST Nil Bidders/proposers are required to provide the following information for all DBE and non -DBE ;ontractors, who provided a proposal, bid, quote, or were contracted by the proposed prime. This nformation is also required from the proposed prime contractor, and must be submitted with their aid/proposal. The City of Huntington Beach will use this information to maintain and update a 'Bidders" List to assist in the overall annual goal DBE goal setting process. Firm Name: Brey Electric Corporation Phone: `909/845-3971 Address: 408 Elm Avenue Fax: 909/845-3643 Beaumont CA 92223 Contact Person,.. J_ n_ F1m{u,ist No. of years in business 6 Is the firm currently certified as DBE under 49 CFR Part 26? ❑ YES ® NO Type of work/services/materials provided by firm? Electrical contrarti on What was your firm's Gross Annual receipts for last year? I ❑ Less than $1 Million KI Less than $5 Million ❑� Less than $10 Million ❑ Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs) information. (2-i2 SECTION 14. FEDEQUIREMENTS FOR FEDERAL -AID ATRUCTI ON PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- emment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON -COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, fine, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than.as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venture firms are minority owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of MBE ownership? — 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised 3-95 08-07-95 FR-1 a. Profit and loss sharing. • b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule B and before the comple- tion of the joint venture's'work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Revised 3-95 08-07-95 FR-2 r ......... .................................... ...... ... • ........ .......... ......... .................... Name of Firm Name of Firm C ............................................................................................. Signature Signature ..................................................................................................... Name Name ..................................................................................................... . Title Title ..................................................................................................... Date Date Date State of _ County of On this _ day of . 19 —, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Date State of County of On this _ day of 19 —,'before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] u The Bidder shall list the name and addrief each subcontractor to whom the Bidder poses to subcontract portions of the work, as required by the provisions in Section 2-1.054, "Required Listing, of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of the special provisions. LIST OF SUBCONTRACTORS Description of Portion Name and Address of Work Subcontracted tib M-- (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMEYT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Brey Electric Corporation , proposed subcontractor hereby certifies that he has X has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former -President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts, which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. #collusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of Huntington Beach, CA DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.. ' DEBARMA AND SUSPENSION CERTIWATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. NONLO YING CERTIFICATION • ': , FOR FERAL -AID CONTRACTS ie prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and lief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. his certification is a material representation of fact upon which reliance was placed when this transaction was made or Ztered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less ian S10,000 and not more than 5100,000 for each such failure. ate prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language f this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall =rtify and disclose accordingly. DAJkJLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FO DISCLOSE LOBBYING ACTIVITIES PURS TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract F� a. bid/offer/application Ela. initial b. grant b. initial award b. material change. c. cooperative agreement c. post -award d. loan For Material Change Only: e. _ loan guarantee year _ quarter f. loan insurance date of last report 4. Name and Address.of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. I Oa) (last name, first name, IVII) (attach Continuation Sheet(s) if necessary) It. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission ea. cash d. contingent fee b. in -kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: No Lobbying Activity (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 6. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was [Wade ` or entered into. This disclosure is required pursuant to 31 Print Name: Matt Rre U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any president person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure. Telephone No.: 909/845-3971 Date: 12/10 01 Federal Use Only: e Authorized for Local Reproduction Standard Form - LLL INSTRUCTMS FOR COMPLETION OF SF-LLL, DISCLOIWE OF LOBBYING ACTIVITIES • ✓. I its disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the .tiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. ie filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or :empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for :ditional information if the space on the form is inadequate.' Complete all items that apply for both the initial filing and aterial change report. Refer to the implementing guidance published by the Office of Management and Budget for !ditional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under -rants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below aaencv name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for -rants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification' in item 1 (e.-., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract -rant. or loan award number, the application/proposal control number assi-ned by the Federal agency). Include prefixes, e.-., "RFP-DE-90-00 L" 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10, (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution. specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officers) employee(s) or ivlember(s) of Congress that were contacted. 13. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searchin- existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0343-0046), Washington, D.C. 20503. SF-LLL-Instnictions Rcv.06-044NENDIF,. s DBE INFORMAI*N—GOOD FAITH EFF(OTS City of Huntington Beach established a Disadvantac;4 Business Enterprise (DBE) goal of � for this project. The )rmation provided herein shows that adequate good faith efforts were made. A. The names and dates of eac.h.publication in which a request for DBE .partic.ipation for this project was placed by the bidder (please attach copies of advertisements or: proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Date of Inital Follow Up Methods Solicited Solicitation and Dates Ca1Mex Engineering 12/03/01 12/04/01 Fax and Phone Archuleta Concrete 12/03/01 12/04/01 Fax and Phone J and R Concrete 12/03/01 12/04/01 Phone ASAP Services, Inc 12/03/01 12/04/01 Fax and Phone Larry Jacinto 12/03/01 12/10/01 Phone _ AF Valdivia and Sons .12/03/01 12/10/ 01. Fax and Phone C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items Pull Box Suppliers Pull Boxes Concrete Flatwork Concrete Pour and Form D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from.the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: R \ ��/ r\ � �4p�9�a /T/p4o'� a,�4� °'6p ds�y R Names, addresses and phone nty�prs of firms selected for the work above: r ,7�3 w `` R Concrete E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: Offers. to assist if recruired F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date of Results Agency/Organization Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): Used lists from Dept. of General Services, Inland Empire SBDC, Metro Transportation Authority, Dept. of Small Business Diversity and Labor Compliance and City of Los Angeles, Bureau of Contract Admin. • 4ia� `ids