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Ken Thompson, Inc. - 1994-09-19
7 RECEIVED 4Ff WHEN RECORDED MAIL TOtt)NTtN,(:%'; �'ecQr e; i,, Official h;fl ^r�;5 CITY OF HUNTINGTON BEACH of Orange Cowitr'. C3itfornia Office of the City Clerk JUH 2� i�il ' � ;=y L. iirait'viiiei lies►'.-fieCCFue P. O. Box 190 Huntington Beach, CA 92648 Page ] of 1 ;ee4= 0.t J jai:,: s i1r'�r NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to KEN THOMPSON,INC.who was the company thereon for doing the following work to-wit: HEIL AVENUE TRAFFIC SIGNAL&STORM DRAIN IMPROVEMENTS: CC-905 INTEREST: Easement That said work was completed May 15,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 15,1995. IP That upon said contract Corona Insurance was surety for the bond given by the said company as required by law. I D'ir— This document is solely for the official business of the City of Huntington Beach,as contemplated under GF Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 17th day of May,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 17th day of May,1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:cc\nscplgs City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC 905 Heil Avenue Traffic Signal & Storm Drain Improvements Project No. Title hereby certifies that all laborers,mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. 6ceI t1P Signature and Title g:cc\cashcon1 0 0 DECLARATION OF SATISFACTION OF CLAIMS 1, Daniel J. Deming , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Heil Ave. Traffic Signal & Storm Drain Improvement and dated 9/27/94 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") NONE I declare under penalty of perjury that the foregoing is true and correct. Executed at Cypress. California on this 3rd day of May 1995 , 1994. t (Signature of C tractor) g:cc\cashcon2 CONf0auto COPY 14e1 com"rtd wtth pttgiltzl THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAY-1995: WHEN RECORDED MAIL TO: DOCUMENT NUMBER 95--219047. CITY OF HUNTINGTON BEACH G,;RY L. 11 GRANVILLE1 CLERX-RECORDER Office of the City Clerk ORANGE CO'XY' CLERK-RECORD0% J O�Fii:L P.O.Box 190 v Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to KEN THOMPSON,INC.who was the company thereon for doing the following work to-wit: HEEL AVENUE TRAFFIC SIGNAL& STORM DRAIN IMPROVEMENTS: CC-905 INTEREST: Easement That said work was completed May 15,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 15, 1995. That upon said contract Corona Insurance 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 17th day of May, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 17th day of May, 1995.. City Clerk and ex-o�iciolerk of the City Council of the City of Huntington Beach,California g:cc\nscplgs Council/Agency Meeting Held: /S—' Deferred/Continued to: pw�§ 0 Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 15, 1995 Department ID Number: PW 95-025 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNC MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat LJ� PREPARED BY: 14rES M. JONES II, Director of Public Works SUBJECT: Heil Avenue Traffic Signal & Storm Drain Improvements; CC-905 NOTICE OF COMPLETION Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,AttachmenFA i7 Statement of Issue: The General Contractor for the City, Ken Thompson, Incorporated, has completed the Heil Avenue Traffic Signal and Storm Drain Improvement project; Cash Contract 905. Funding Source: Sufficient funds were authorized and made available in accounts E-SM- PC-995-6-75-00 and E-SX-PC-995-6-72-00 for this project from the following funding sources: GMA #6 - OCTA $195,000.00 City of Huntington Beach $110,488.02 City of Westminster $36,104.98 Total Project Budget $341,593.00 Recommended Action: 1 . Accept the improvements of Cash Contract 905, Heil Avenue Traffic Signal and Storm Drain Improvements, and authorize the City Clerk to file the Notice of Completion; and 2. Approve the total project cost of $320,443.68. Alternative Action(s): N/A REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PW 95-025 Analysis: On September 19, 1994, the City Council awarded a construction contract to Ken Thompson, Inc., for the Heil Avenue Traffic Signal and Storm Drain Improvements; Cash Contract 905. Ken Thompson, Inc., has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of project costs: Council Approved Actual Expenditures Contract Amount: $307,812.00 $294,681.00 Construction Change Orders: $51,891.00 $25,226.52 Supplemental Expenses: $3,000.00 $1,055.16 Total: $362,703.00 $320,962.68 Contract amount reflects actual quantities constructed by the improvements. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page 0011829.01 -2- 05/02/95 8:16 AM ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 17, 1995 Gary L. Granville, County Clerk-Recorder P.-O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190,Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date,book and page number. Sincerely yours, Connie Brockway City Clerk CB:cc Enclosures g:cc\nscplltr (Telephone:714-536.5227) WHEN RECORDED MAIL TO: CITY OF HUN'TINGTON BEACH Office of the City Clerk P. O.Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to KEN THOMPSON,INC.who was the company thereon for doing the following work to-wit: HEIL AVENUE TRAFFIC SIGNAL&STORM DRAIN IMPROVEMENTS: CC-905 INTEREST: Easement That said work was completed May 15,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 15, 1995. That upon said contract Corona Insurance 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 17th day of May,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 17th day of May,1995.. City Cl/elrk and ex-officio Clerk of the City Council of the City of Huntington Beach,California g:cc\nscplgs RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Heil Avenue Traffic Signal & Storm Drain Improvements; CC 905 COUNCIL MEETING DATE: May 15, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved 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 EXPLANATION FOR MISSING ATTACHMENTS .................... ...................... REVIEWED RETURNED FOR ` ;DED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below Space • • L6 Council/Agency Meeting Held. Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 15, 1995 Department ID Number: PW 95-025 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat PREPARED BY: �L[--S M. JONES II, Director of Public Works SUBJECT: Heil Avenue Traffic Signal & Storm Drain Improvements; CC-905 NOTICE OF COMPLETION Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachmen s Statement of Issue: The General Contractor for the City, Ken Thompson, Incorporated, has completed the Heil Avenue Traffic Signal and Storm Drain Improvement project, Cash Contract 905. Funding Source: Sufficient funds were authorized and made available in accounts E-SM- PC-995-6-75-00 and E-SX-PC-995-6-72-00 for this project from the following funding sources: GMA #6 - OCTA $195,000.00 City of Huntington Beach $110,488.02 City of Westminster $36,104.98 Total Project Budget $341,593.00 Recommended Action: 1. Accept the improvements of Cash Contract 905, Heil Avenue Traffic Signal and Storm Drain Improvements, and authorize the City Clerk to file the Notice of Completion; and 2. Approve the total project cost of $320,443.68. Alternative Action(s): N/A REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: PW 95-025 Analysis: On September 19, 1994, the City Council awarded a construction contract to Ken Thompson, Inc., for the Heil Avenue Traffic Signal and Storm Drain Improvements; Cash Contract 905. Ken Thompson, Inc., has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of project costs: Council Approved Actual Expenditures Contract Amount: $307,812.00 $294,681.00 Construction Change Orders: $51,891.00 $25,226.52 Supplemental Expenses: $3 000.00 $1,055.16 Total: $362,703.00 $320,962.68 Contract amount reflects actual quantities constructed by the improvements. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page 0011829.01 -2- 05/02/95 8:16 AM Council/Agency Meeting Held: 0 Deferred/Continued to: C] Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 3/20/95 Department ID Number: PW 95-005 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Ad PREPARED BY: LES M. JONES, II, Director of Public Works tZ .D.k= SUBJECT: Heil Avenue Traffic Signal & Storm Drain Improvements; Cash Contract No. 905 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s Statement of Issue: Staff is requesting authorization for a fund transfer and change order increase to City Cash Contract 905, Heil Avenue Traffic Signal and Storm Drain Improvements, to compensate for the realignment of approximately 250 feet of 8 inch water main and appurtenances that were in direct conflict with the storm drain installation. Funding Source: See Analysis. Recommended Action: 1. Authorize the transfer and reimbursement of $21,110.00, from the City of Huntington Beach Water Division reserve account number E-EW-PW-943-6-39-00 to the Capital Project account number E-SM-PC-995-6-75-00 for Cash Contract 905; and 2. Increase the authorized change order amount, for Cash Contract 905, from $30,781.00 to $51 ,891.00, to compensate for a $21,110.00 expenditure directly attributed to the installation of 265 feet of 8 inch water main and appurtenances. w r t+ Alternative Action(s): 1. Deny the fund transfer, forgo the reimbursement to the Capital Project account, and absorb the expenditure, directly related to water operations, in the current amount budget for project change orders on Cash Contract 905. This action leaves only $9,671.00 in authorized available funds for contract change orders directly related to the installation of the storm drain and traffic signal. Analysis: As a result of the Orange County bankruptcy, the Water Division has suspended all capital projects not yet committed in an effort to minimize fiscal ramifications. Due to the unique nature of this particular water main conflict, the Water Division is in agreement to release sufficient funding, available in reserve account E-EW-PW-943-6-39-00, to reimburse the Capital Project Account E-SM-PC-995-6-75-00 for the cost of realignment and construction of approximately 250 feet of 8 inch water main and appurtenances. The present Contractor, Ken Thompson, Incorporated, provided a quote, estimating the cost of construction at $19,705.00. The Contractor's quote is based, in part, on the unit price of $62.50 per linear foot of installed 8 inch water main. City staff considers the Contractor's quote fair market value for the necessary and required work. Actual contract expenditure equaled $21,110.00. Total mainline installation equaled 265 feet with the need for additional fittings at the point of connection on Newland Street. The work was paid and administered through a change order issued to Ken Thompson, Incorporated, General Contractor for the City on Cash Contract 905. During the prosecution of storm drain installation along Heil Avenue, the Contractor encountered a City owned and operated 8 inch water main that traversed the storm drain installation. Record drawings, of the existing 8 inch water main, indicated the facility to be southerly of its present location, clearly out of the proposed 36 inch storm drain alignment. Unfortunately, this was not the only place where the water main would conflict with the storm drain construction. As the 8 inch water main approached the intersection of Heil/Newland, it would traverse the alignment once again to interconnect with another City owned water facility. This particular section of water main affected, provides conveyance to four services located south of Heil Avenue and therefore could not be abandoned. After evaluation, City water engineering staff concluded, the most cost effective solution to this problem is the realignment and construction of approximately 250 feet of 8 inch water main and appurtenances. Environmental Status: Not applicable. Attachment(s)- City NumberPage RCA ROUTING SHEET INITIATING DEPARTMENT: Department of Public Works SUBJECT: Heil Avenue Traffic Signal & Storm Drain Improvements, Cash Contract 905 COUNCIL MEETING DATE: March 20, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ....................... ......................... ........................ .............................. ..................... ............................... REVIEWED RETURNED FOR RDF Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) APPROVED BY CITY COUNCI 6q/ 19 - REQUEST FOR CITY COUNCIL ACTION cr► Date: September 19,1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City AdministratordAw- Prepared by: Ray Silver, Assistant City Administrator/Acting Director of Public Works00V Subject: NEWLAND/HEIL TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS.; CC-905 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception? Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Action, Attachment STATEMENT OF ISSUE: On August 1, 1994, the City Council authorized a call for bids for the Newland/Heil Traffic Signal and Storm Drain Improvements project. RECOMMENDED ACTION: 1. Accept the low bid submitted by Ken Thompson Inc., 8851 Watson St., Cypress, CA 90630 and authorize the Mayor and City clerk to execute the contract for the Newland/Heil Traffic Signal and Storm Drain Improvements project; CC-905, for a total bid amount of$307,812.00; and 2. Authorize the Public Works Department to expend a total of$341,593.00 to cover the contract amount of$307,812.00, estimated construction Change Orders of$30,781.00 and supplemental expenditures of$3,000.00. ANALYSIS: On January 3, 1994, City Council selected Weston Pringle and Associates to prepare construction drawings and specifications for the traffic signal improvements at Newland Street and Heil Avenue. The firm completed the traffic signal plans and Staff completed the storm drain plans in August of 1994. The project consists of the construction of traffic signal plans, a storm drain, and minor street improvements. The engineer's estimate, including construction costs, possible Change Orders, and supplementals is [325,613+32,000+3,387 =] $361,000. Bids were received on August 31, 1994, and are listed below in dollar amount: Contractor Bid Amount 1. Ken Thompson, Inc. $307,812.00 2. Hillcrest Contracting $317,165.50 (1) 3. Hillside Contractors $348,250.00 (1) This is the intended bid. Due to a technicality, their bid was actually higher. RCA: CC-905 September 19, 1994 Page two ENVIRONMENTAL STATUS: This project is categorically exempt per the California Environmental Quality Act, Section 15301, FUNDING SOURCE: Contract Amount $307,812.00 Project Change Orders (2) 30,781.00 Project Supplementals (3) 3,000.00 TOTAL $341,593.00 (2) Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council Resolution Number 4896. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the plans, and changed City requirements. (3) Examples of supplementals include soil testing, Edison electrical hook-up, and water service connections. Sufficient funds are available from: GMA#6 $195,000.00 City of Westminster $ 36,104.98 Unappropriated Drainage Fund Balance $110,488.02 Total $341,593.00 ALTERNATIVE ACTION: Reject the bids and do not proceed with the construction and lose $195,000 in GMA#6 funding. ATTACHMENTS: Project Location Map Filename:G:/CC905/RCA/905AWARD.DOC File G cc905 rca 03 PROJECT s LOCATION:_ BOLSA AVE. co Mc FADDEN AVE. LINCER AVE. Q Y m . 0 ccIti U l <}< _ HEIL AVE. m . r N m u N WARNER AVE. r N r V1 H I 10 SLATER AVE. 405 y��CO TALBERT AVE. �l U ELLIS AVE. CARFIELD AVE. �h Q m � y11 YORKTOWN AVE. 3 C 1^Cr m ADAY.S AVE. j OA 1hy 0I N ' IINDIANAPOLIS AVE. 0 m J z N z ATLAN'TA Vc. 0 z 5 Hi"ILTON AVE. I PROJECT: p'`• Cps- a"NIN A r�Y GJC�DL� Ca(�JC i��GJ�I�OC� �DC�OVIG,)L�- G�JG�J ��OQGY7 OGQCaDG� OCn�JI�QOMI�D�C�D�J�� CMG=�70� CITY OF WUNTINGTON BEACI-a VICINITY MAP DEPARTMENT OP PUBLIC WORKS EAR) CITY OF HUNTINGTON BEACH C INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR DRAINAGE FUNDING REQUIREMENT ON NEWLAND/HEIL IMPROVEMENT PROJECT, FIS 94-56 DATE: SEPTEMBER 7, 1994 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $110,488 to provide supplemental funding for the Newland/Heil Traffic Signal and Storm Drainage Improvements Projects in Wintersburg Channel Drainage District, in excess of reimbursable funding currently available for this project. Upon approval of the City Council, the balance of the unaudited, undesignated Drainage Fund would be reduced to $263,000. OBERT J. kRANZ Deputy City Administrator DTV:skd 0005400.01 09/07/94 2:43 PM �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 19, 1994 Ken Thompson, Inc. 8851 Watson Street Cypress, CA 90630 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition,the following item must also be on file,with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty,then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds,please call the Public Works Department, 536-5441. Sincerely, 4 '1 Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance gx6cashcon (Telephone:714-536-5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KEN THOMPSON, INC., FOR HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS (CC 905) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 3 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 9 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 9 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 10 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT &TERMINATION 11 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 12 25. CITY EMPLOYEES AND OFFICIALS 12 26. STOP NOTICES 12 27. NOTICES 13 28. CAPTIONS 13 29. IMMIGRATION 13 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 13 31. ENTIRETY 14 6/agree/hell/9/14/94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KEN THOMPSON, INC., FOR HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS (CC 905) THIS AGREEMENT, made and entered into this 19th day of October , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and KEN THOMPSON, INC, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as traffic signal and storm drain improvements on Heil Avenue (CC 905), in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 1 6/agree/heil/9/14/94 However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 2 6/agree/heiU9/14/94 F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Seven Thousand Eight Hundred Twelve Dollars ($307,812), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within seventy five (75) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 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 3 6/agree/heiV9/14/94 incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 6/agree/heil/9/14/94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 6/agree/heil/9/14/94 i payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 6/agree/heil/9/14/94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 6/agree/heiU9/14/94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 6/agree/heil/9/14/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 6/agree/heil/9/14/94 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 6/agree/hell/9/14/94 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 6/agree/heiU9/14/94 Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 6/agree/heiV9/14/94 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 6/agree/heiV9/14/94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. KEN THOMPSON, INC., a California corporation: CITY OF HUNTINGTON BEACH, A c municipal corporation of the State of By: California Daniel Deming, Vice resident - •-•..-...-. .: By: -% Mayor Carol J. Thorn son, Secret /Treasurer ATTEST: APPROVED AS TO FORM: City ttorney G q-X4-�� City Clerk y 16 2-,gy-6e Pd INITIATED AND APPROVED: REVIE ND APP D- ity Administraor Director of Public Works 14 6/agree/heil/9/14/94 `mb.- . ::>::::>>.:>:::::>:::>.>:::: ;;:;::>:::; :.:... ` Lssue DATE 9/26/1994 a1:`r1:11® FTt ,�F INSURANCE ..... __ _ :::::...:: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Corona Insurance Agency, Inc . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P .O. BOX 789 POLICIES BELOW. ............................... .. _... _...... . . ... Corona, CA 91718 COMPANIES AFFORDING COVERAGE (909) 737-2270 Fax 735-2755 °,'TT.' A AMERICAN INTERNATIONAL SPECIAL ......................... .........................__........._.._..._...................................................................._ ............._............................................................................................ B NATIONAL UNION FIRE INS. CO INSURED KEN THOMPSON, INC. ° C ATHENA ASSURANCE ETTER P.O. BOX 749 ......................................................................................... ........... CYPRESS, CA 90630 COMPANY LETTER D :........................................................................................................................ ...................... ..... ..... . COMPANY E LETTER 5::::::w:i:: : S:i ......E:E<::i:.....:i ................................................................................Xx..............................................................................................................................:.......................................................... .0-v AD .. ............................................................... ................................................................................................................. 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 : TYPE OF NSURANCE POLICY NUMER 'POLICY EFFECTIVE :POLICY EXP/IA710N LN�B LTR: DATE (MMIDD/YY) DATE(MM/DDNY) _....... --------------------- ............................ .._.._.......:.._.............................:................................ ..._....._..........._...._...............,.................................. L ...... A GENERAL nuff GENERAL AGGREGATE s 2, 000, 000 _X COMMERCIAL GENERAL LIABILITY T73 2224 PRODUCTS-COMPIOP AGG. 1, 000, 000 _. .......: CLAIMS MADE OCCUR. X : / / AL ADV.INJURY 2/13/94 2 13 94..PERSON.................8..............................= 1.. 000.. 000 ... X OWNER'S&CONTRACTORS PROT. EACH OCCURRENCE i 11000,000 ........................................................................... .................. ... FIRE DAMAGE(Any one fire) :$ 50,000 . ...................................................... :................................................:....................................... MED.EXPENSE(Any one pereon):S ..................... _..... .............. _ ......... ._...... .................................. AUTOMOBILE LIABILITY i COMBINED SINGLELIMIT :S 11000, 000 $I X ANY AUTO CA1373422 ALL OWNED AUTOS 2/13/9 4 2/13/9 5'BODILY INJURY S SCHEDULED AUTOS (Per person) :...__........_.........---.............. ................................... X _HIRED AUTOS : BODILY INJURY X :NON-OWNED AUTOS (Per accident S :.........___-...._.............................................................. GARAGE LIABILITY .... i PROPERTY DAMAGE :S _....... ......... _ : _.......... .. ...:...............................E............_.............._........_... .......... ............ EXCESS LIABILRY :EACH OCCURRENCE S 2, 000, 000 C X UMBRELLA FORM 900BA2027 2/13/9 4 2/13/9 5}AGGREGATE _ .... ._:.$. 2, 0 0 0, 0 0 0 OTHER THAN UMBRELLA FORM ................................:.......................... ..... .... ..... _ ....... WORKER'S COMPENSATION STATUTORY LIMITS i i........:......................................... AND i EACH ACCIDEI4T.................... �.. tT� +QS ;DISEASE-POLICY LIMIT ...EMPLOYERS'WBE,lrY G1�jL + DISEASE-EACH EMPLOYEE......:.s TTp .....:.................................: OTHER B HIRED AUTO PHYS CA-13734223y: OBEY: /13/94 2/13/95 DAMAGEDe Cl ty A �.... ......... .............. .. . ........... ......... ................ DESCRIPTION OF OPERAT70NS/LOCA'nONS/VENK;LESISPECWL ITEMS *30 DAY NOTICE EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM CITY OF HUNTINGTON BEACH, ITS AGENTS,OFFICERS AND EMPLOYEES ARE ADDITIONAL INSUREDS CERTIFICATE HOLDER` .... .::::..:....:.. : AfLLLATtQN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E)0[ Xt&XYC{ MAIL *3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH LEFT, "XAXLXPkXT(7 Xlc�nlXo�X 2000 MAIN S T. >« � IRYX4f hAxyx SCE`IR k")" �Tl�M 7{�?C XSX9p��A TkS 9�X CALIFORNIA, CA 92648 AUTHOR nvE :A..T .)?:T??:`trh:•:i•ii:ii isL:i•}:•i:•i.'•:i?•`.`•`:^:iG:i•i;B:L'>i>.4::•ii:i i;{i^}; ... ilil FYR RPOR ATIO R 1 ;:: t 1STA F=:'- . P.O. BOX 420807,SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF,WORKERS',COMPENSATION INSURANCE 7JW _POLICY NUMBER. �C4`t4,� :: .94 CERTIFICATE EXPIRES - 5 17-7 iTT.Y Lf HL :TINGT.O .8EACt _ �3I1D3' -G nI SiOiV. 3R3 �C0CR c'f]{il . $INJ STRtiE Tuv H1iNTZIS TOE 'F-ACR ;_A 9-2048 L This is to certify that we have issued a valid Workers'Compensation insurance policy in a'form approved by the California insurance Commissiondr to the employer named below for the.policy period indicated. C: This policy is not subject to cancellation by the Fund except upon t days'advance written notice to the employer. z We will also give you T�I days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term,-or condition of any contract or`other.;document with= respect to which, this certificate:of insurance may;-be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms,exclusions: and conditions of such policies PRESIDENT - FLCY;t 'S LIE_AFILITY L1.'`iT: 53:i.4G?sC)C0 rE2.: 3ECURR. ' 1:? '„'_ ii � Tt._'� ,v�L i1Jt�'ir�4L iiKJU^ ti .. �t^�LC�+Y.`.i' OFF Ci3V / 36/Y.. i ATTAC:i C .,D FO��'S A i, AFT "JF ThTS ?C,LiiY. N0iE OF ADi £TiCN.AL iNSL'?ED� CITY 3f NLii�TITOtv F"EfiCH. - E N Y 0 R S E 6 E t 2 C V i tii 1 f L F.. C E.a.1 1 r I Z A T E H V L L I_►S S" - it:/i1 C E f F L'C T'1 V -. i 06 3C/44 IS AT:TACf?ED T8 AND ,FOgV.S 4 -PART OF ?HIS " j'-CLICY.- \p'`Z O Co H 2?. �J O A99ef may. : EMPLOYER c h T f Q>a P S'J fi i I7v C. Deputy City Attorney f.LTC LA ` ;; THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND 0 0 0 0 0 0 0 o O O o 0 0 0 0 0 o O o 0 0 0 o p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o � 0000v CD kn Zt0000000, o 00000 i O vi o o ,D O CA C) 00 ,o 0 0 0 0 0 .-� C) 0 0 0 0 o C -� 0000 ,Dv, � 00 � r- ,D0o no - O, o 00, 000 •i� l M Vl O m Vl N �--� O, m & h M 0 V) o0 kK N O Vl N U O l� 69 69 69 .-• 69 69 kn 64 69 O, �--� (0 69 69 69 69 69 69 69 69 C M O � U a� a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0o1n000000000000000 „-, 0000 = � a� t� � ri000viovi � ci00000cno 0000 69 69 0 o t- 00 00 00 C, o 0 0 o N 69 kn o 0 0 Cl • O 64 Vl b9 69 65 6S 69 o V) kn O 619 6S M O O Cl �a Cl ss cl C 69 69 69 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 Cl Cl o 0 0 0 0 o p 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 o Cl 0 Cl 0 0 or00000vi 0000000cvo 00000 CD O V') O O m 0 V) — O, O O O O O C) M o O V) O O O C V> O O O 00 V1 C� � t c+'m ,o " " IZt ,O 00 N l� kn M O *' cV ff O, L 59 � N —4 00 Cr �,e C` cl 0r lr r-: 69 69 Oi & O 69 69 6S 6S 6S 64 69 6S - � 6S 69 69 6S 69 6S 6S � es C bM19 O U a> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o vi 0 0 0 0 0 Cl 0 0 0 0 Cl 0 0 In O o 0 0 0 0 o o vn o oc� v r o 0 0 0 o cv oo 0 0 0 0 0 •�,�, O 69 69 O E.e O .0 �D l- l- 00 O O O O N 69 M C:) Vn C:) C:)nO 'n 69 69 69 69 69 00 69 69 M (V Vl Q-I N Vl 69 M f+) tl �t 69 69 69 69 69 69 69 6S 6S O, 69 O V') O O O O O O O O O O O O O O V1 O 0 0 0 0 0 p O l� O O m 0 0 0 0 0 0 0 0 0 o " r- O O O O O O p O N O O kn kn 00 O O O O V1 O o0 Vl Cl O Vl Vl O O U 00 a, 0 0 m mr- — 00 00 V') V,) r- o o r- O V-) o N N C Vn " m O O vl O C, " O, N 00 Vl Vn V) 00 — -zl- M O M rl �••' M N O, O N 66 m �--� �--� O -Zt� -zz Vl M r� Vl o0 C� 69 69 �,6 k 0 69 64 69 — 69 69 69 69 — �10 b9 b9 69 69 69 69 V1 69 O, 69 69 6S 69 64 69 p U M am bl4 0 H ov v ov, 00000v') 00000 )no 00000 O r- V1 O Vl O O ,O O C) M 0 0 0 C) ,O [- O O O o 0 0 .�'.� O O O v1 'n 00 Vl O vl V) V, O N N f Vl kn V.) O O 00 69 6S O 69 M � Vl Vl -�t 00 N r- (I- V) N 69 Vl lD O V'1 O N Vl O Vl 69 69 69 6S 6S � l- V1 h 69 69 M (V M O M M O 6S N N M cn 69 69 6S v) 69 69 69 &S Q, 69 69 69 O Vl O O O O O O O O O O O O O O O O o O O O O o � oo00000000000C, In0 00000 N ,-m oWC:>C) 000000000000c C) 00000 O O, 0 0 0 0 0 ,O O o 0 V-) O all m o N �O N O O N r kr O O 00 l- ,O V) r- ,O M V) -zt 00 �'O N O In O\ Wn kn N N m 't N r-i N 6S Cn C- �,6 N N [� cn r- O r-i 69 6S C O N c E" 69 69 69 69 cfi EA FA ff3 mm roe 69 69 69 64 69 m 69 O C1A 6s 69 w 6N9 69 b 4 a� a> o v v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O DD N O VI) O O O O O O O O O O O �/'� O O O O O O 0) O O cV 0 Vl O N O O O N O O O O t " o0 O O O O O C O 69 6S O 69 O M � IZI- ' V1 V1 V') kn 6S N 00 N N O O Lu V') Vl 0 69 69 69 69 6S N M ,O ,O 69 6S N N N O V') r Ay � � 4al3 6m9 69 rs � 69 69 Cf3 O O — 69 69 cd :d Q cd cd cd UD � U U F r- 0 In W) _ M C)C:) CD '"' �p '-' l� M N Cl Ov�1 per, WO a M M N DD N N r a O � F 171 � U O U o a> COO U ? w ICI U " N O U O a) b0 cd ram !". �i G '�"' •��' •��' •.�•� C 'O N Iz aj Q Q Q Q Q � `� U N O ° o y ai o 0 CIO V) CIO CIO rig o C UUc) v� v� Uo � 7� u p u u v co d wQ c� �! r� � r� rx ,� NNNmUUUUUUU :-: � � U � a � U C7 M Tt V1 ,O l� 00 CN O ,--� N M V1 \O l� 00 Q, O N N N x � a �z 4 I have received the Faithful Performance Bond and the Labor and Materials bond for Newland/Heil Traffic Signal and Storm Drain Improvements; CC-90 on behalf of the Treasurer's Office. Dated /0-/�_y� ---- -- _ - By�/` -- Ken Thompson, Inc. 8851 Watson Street Cypress, CA 90630 SAFECO INSURANCE. COMPANY OF AMERICA r GENERAL INSURANCE COMPANY OF AMERICA AMI FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 CONTRACT BOND — CALIFORNIA Bond 5798844 FAITHFUL PERFORMANCE — Initial premium charged for this bond is PUBLIC WORK $3 ,540.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That KEN THOMPSON , INC . of P . 0 . BOX 749 CYPRESS CA 90630 as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto C I TY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 in the sum of THREE HUNDRED SEVEN THOUSAND EIGHT HUNDRED TWELVE AND NO/100 -------------------------------------------------------- Dollars S 307, 812 . 00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves,their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bounden Principal has entered into a Contract, dated SEPTEMBER 27 19 94 with the CITY OF HUNTINGTON BEACH to do and perform the following work, to-wit: HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS (CC905) NOW, THEREFORE, if the above-bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 27TH day of SEPTEMBER , 19 94 KEN THOMPSON , INC . _ Principal { - t Barney. SAFECO INSURANCE COMPANY OF AMERICA By �< , TH K. CUNNINGHAM t orney-in-Fact S-815/EP 8190 PRINTED IN U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On 9/27/94 before me, MECHELLE HUA Notary Public Date personally appeared Judith K. Cunningham Name of Signer(s) ❑personally known to me - OR - ❑proved to me on the basis of satisfactory evidence to be the persons) 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 7� M EC H ELLE HUA authorized capacity(ies) , and that by his/her/their N COMM. #1033917 signature(s) on the instrument the person(s)or the O entity upon behalf of which the person(s) acted, NOTARY PUBLIC-CALIFORNIA 0 executed the instrument. .N ORANGE COUNTY ry �I MY COMMISSION EXPIRES JULY 31. 1998 WITNESS my hand and official seal. tu11��I�cl Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNERS(S) ❑LIMITED ❑GENERAL NUMBER OF PAGES ®ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER• DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTY(1ES) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On _ { y, 1,,Iq before me, , DATE NAME,TITLE OF OFFICER-E.G.,-JANE NOTARY PUBLIC" personally appeared 6 , NAME(S)OF SIGNER(S) C�'personally known to me - OR - ❑ prove to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. LISA M.LOM3APDO ` 1006839 Z / Notary Public_California n SIGNATURE OF NOTARY ORANGE COUNTY My Comm.Expires OCT 11, 1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA SAFECO FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond 5798844 PREMIUM: INCLUDED CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, KEN THOMPSON , I NC . P . 0 . BOX 749 , CYPRESS , CA 90630 and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNT I NGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH , CA 92648 as Obligee, in the sum of THREE HUNDRED SEVEN THOUSAND EIGHT HUNDRED TWELVE AND NO/100 ------------------------------------------------- Dollars 307,812 . 00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bounden Principal has entered into a contract, dated 27TH day of SEPTEMBER , 19 94 , with the Obligee to do and perform the following work, to-wit:HE IL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS (CC905) NOW, THEREFORE, if the above-bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 27TH day of SEPTEMBER 19 94 KEN THOMPSON , INC . Principal t-,- hi .s L,tornev No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. SAFECO INSURANCE COMPANY OF AMERICA B y �� 4< J TH K. CUNNINGHAM Attorney-in-Fact S-818/EP 8/90 . PRINTED IN U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On 9/27/94 before me, MECHELLE HUA Notary Public Date personally appeared Judith K. Cunningham Name of Signer(s) ❑personally known to me - OR - ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their '� authorized capacity(ies) , and that by his/her/their MECHELLE HUA N signature(s) on the instrument the person(s)or the o COMM. #1033917 entity upon behalf of which the person(s) acted, NOTARYPUBLiC•C.1LiFORNIA 0 executed the instrument. o ORANGE COUNTY N j� MY COMMISSION EXPIRES JULY 31. 1998 �t WITNESS my hand and official seal. Signature of Notary �o T�O�ALfflfflmm� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTTLE(S) ❑PARTNERS(S) ❑LIMITED ❑GENERAL NUMBER OF PAGES ®ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER• DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.ss07 State of County of OIU,n�c_ On 0 U40 - y, 19qy before me, , DATE NAME,TITLE OF OFFICE -E.G.,"JANE 6bE,NOTARY PUBLIC- personally appeared T , NAME(S)OF SIGNER(S) P personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. LISA M.LOMBARDO a �;-.4 COMM.#1006839 Z bat Z i I Notary Public—Californian 6& P)- ` ORANGE COUNTY SIGNATURE OF NOTARY My Comm.Expires OCT 11,1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER T7TLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ® SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO O HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond 5798844 MAINTENANCE BOND PREMIUM: INCLUDED IN THE PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we,KEN THOMPSON, INC. P. 0. BOX 749, CYPRESS, CA 90530 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of WASH I NGTON as Surety, are held and firmly bound unto C I TY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, in the penal sum of THREE HUNDRED SEVEN THOUSAND E I GHT HUNDRED TWELVE AND NO/ 100 ----------------------------------------------------- (S 307,812.00 ), 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 dated SEPTEMBER 27, 1994 forHEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS (CCO95) 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 ( 1 ) year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 27TH day of SEPTEMBER 19 94 KEN THOMPSON, INC. (Seal) `7r (Seal) AFFRO, � i TO i' _ss9 GAIL HU T C' (Seal) CITY — B G` �_ SAFECO INSURANCE COMPANY OF AMERICA By . JUD I CUNNINGHAM A rney-in-Fact @ Registered trademark of SAFECO Corporation. S-843/EP 4190 PRINTED IN U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On 9/27/94 before me, MECHELLE HUA Notary Public Date personally appeared Judith K. Cunningham Name of Signer(s) personally known to me - OR - ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that • - _� _ _ he/she/they executed the same in his/her/their fI 1 lM ECH ELLE HUA j( authorized capacity(ies) , and that by his/her/their N COMM. #1033917 signature(s) on the instrument the person(s)or the Q entity upon behalf of which the person(s) acted, o NOTARYPUBLiC-CALIFORNIA 0 executed the instrument. ORANGE COUNTY N ji MY COAIMISSION EXPIRES JULY 31, 1998 it WITNESS my hand and official seal. Signature of Notary P`: :: ` cS?''ii2 ' ii2cs'> %"' � 'ii'`i2 [ ' < fi Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNERS(S) ❑LIMITED ❑GENERAL NUMBER OF PAGES ®ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER• DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(TES) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CA14 et Al A.AE I County of On OUc'(rti q, I99Y before me, J�Aj(n , DATE NAME,TITLE OF OFFICER- .G.,'JANE DOgi NOTARY PUBLIC" personally appeared , NAME(S)OF SIGNER(S) IL-personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITFNXSS my hand and official seal. ..°' LISA M.LOMBARDO �� COMM.#1006839 Z z f Notary Public—California zYm A ORANGE COUNTY SIGNATURE OF NOTARY My Comm.Expires OCT 11. 1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE. SAFECO PLAZA SAFECO® SEATTLE, WASHINGTON 98185 /1f No. 9223 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ""*"*"""************************JUDITH K. CUNNINGHAM, Santa Ana, California******************** its true and lawful attorneys)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 22nd day of January 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations, 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 27TH day of SEPTEMBER 19 94 ^-• '' � l of �'i. S-974/EP 1/93 ® Registered trademark of SAFECO Corporation. Bid Bonds received C� Dated DATE: wEDBE5pAY, AUGUn 31. 1994 2:00 pm, ;. ENGINEER S ESTIMATE: $325,BB— PROJECT ENGINEER: DOUG KATO JOB TITLE AND CC #:_ ffj L AVENUE TRAFFIC SIGNAL AND STORM DRAIN; 995 BIDDERS I,--3AXTER-GRIFFITH 2, BORAL RESOURCES 3 DB 6, HiLLcREsi CONTRACTORS 7, HILLSIDE CONTRACTORS Z.SO DEVELOPMENTINTERSECTION 9 10, L AND R ELECTRICAL SERVICE U 12, MOORE ELECTRIC PALADIN13, 14 PECK TRAFFIC 15, S. F. 16 simicH-mAsANOVICH sTEiNy AND COMPANY zi, SYNCHRONEX 19, KEN THOMPSON77, l2 20. zAicH CONSTRUCTION ` O Fireman's Fund Insurance Company BID OR PROPOSAL BOND Cl The American Insurance Company O National Surety Corporation BOND# 7083400-1 O Association Indemnity Corporation PREMIUM—NIL O American Automobile Insurance Company Fireman's Homo ice: m San Main Dr. Fund Novato, C-Wiromia 9490 KNOW ALL MEN BY THESE PRESENTS: -Thal we, HILLCREST CONTRACTING, INC. (hereinafter called the Principal),as Principal,and THE AMERICAN INSURANCE COMPANY , a corporation organized and doing business under and by virtue of the laws of the State of NEBRASKA ,and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obfgee)in the full and just sum of TEN PERCENT OF AMOUNT BID Dollars($ 10% )lawful money of the United States of America,for the payment of which,well and truly to be made,we hereby bind ourselves and our and each of our successors and assigns,jointly and severally,firmly by these presents. THE CONDMON OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Principal as aforesaid,is about to hand in and submit to the Obligee a bid or proposal for the HEIL AVE. TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS FROM NEWLAND STREET TO 1000' WEST in accordance with the plans and specifscations filed in the office of the Obligee and under the notice invd proposals therefor. NOW,THEREFORE,0 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 cadrad 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 ful force and effect. IN WITNESS WHEREOF,said Principal and said Surety have caused these premises to be duty signed this 29THday of AUGUST 11994 HILLCREST CONTRACTING, INC. By THE AMERICAN INSURANCE COMPANY By Cl 360277384JMH DAVID L. CULBERTSON Agomey-in-Fact GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1,1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint DAVID L. CULBERTSON, LINDA L. CNULBERTSON, DIANA LASKOWSKI, CHARLES L. FLAKE and KAREN CHANDLER, jointly or severally AI its true nd lawful�Aorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof ------------------------------------ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact andAgents to accept Legal Process and Make Appearances. Section 45.Appointment. The Chairman of the Board of Directors,the President,any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be its prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation! IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be her►unto affixed this 24 th day of May ' 19 91 THE AMERICAN INSURANCE COMPANY sf e 6'�,NC[,CQV By Vice-Presidcut STATE OF CALIFORNIA COUNTY OF MARIN SS. On this 2 4 r t, day of_Mq�, 19_9]_,before me personally came R. D.Farnsworth to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which execu:ed-the above instrument;that he knows the seal of said Corporation;that the seal affixed to th;.—id instrument is such corporate 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ■+unutruttttnttrrwnttstmm�rntntmuunnt� OFFICIAL SEAL J. M. VANDEVORT - NOTARY PUBLIC•CALIFORNIA Notary Public Principal Office in Marin County = Mr Commission Expires A". 28,1992 = CERTIFICATE iununrtuuuunounwuunruttunurnuruut� STATE OF CALIFORNIA COUNTY OF MARIN SS. I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked•'and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin.Dated the 29TH day of AUGUST 19 94 ♦Y'i��.RBI."ti, //j//Q�/•/\ l� Rendau Am/LOt Secretary -. 3607 11-TA-6-90(REV) State of W RIGHT THUMBPRINT(Optional) County of W C 2 2 l m On before me, 10 (DATE) INAME/TITLE OF OFFICE -i.e.'JANE DOE,NOT Y PUBLIC') c personally appeared I tJ (NAMES)OF SIGNERISII CAPACITY CLAIMED BY SI NER(S) 01 DIVIDUAL(S ORPORATE // • - personally known to me -OR- ❑ proved to me on the OFFICER(S) mTUS) basis of satisfactory ❑PARTNER(S) OLIMITED evidence to be the ❑GENERAL person(*f whose named ❑ATTORNEY IN FACT Is/ subscribed to thhe ❑TRUSTEE(s) wit In instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: hel*e/tk -executed the same In his/Ixe 1 r tag •" SEAN authorized capacity(if, SIGNER IS REPRESENTING: 0 QW. E. GILL .. and that by his/ / (Name of Persons)or Entity(ies) 'I5 Comm. IC CAL09 signature(�(1 on the C0 i� 1 »~NOTARY P V L RIVERSIDE COUNTORNIAQ llll instrument the person('aT, �roa Comm Expires April10 1998 A or the entity upon behalf of which the person O(, acted, executed tfie RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. _ 0 (SEAL) o (SI RE OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS► ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT Title CERTIFICATE or Type of Document "LY/' 'j//`) �j ❑TRUSTEE(S) DGUARD MUST BE ATTACHEDO THE DOCUMENT Number of Pages�_Date of Document (/ ❑OTHER:IAN/CONSERVATOR DESCRIBED AT RIGHT: Signer(s)Other Than Named Above JA- SIGNER IS REPRESENTING: (Name of Person(s)or Entitylies) WOLCOTTS FORM 63240 Rev.3.94(price class 8-2A) 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IIIIIIIII IIIII I IIIIIII - 7 67775 63240 8 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA �• HOME OFFICE SAFECO PLAZA SAFECO dD SEATTLE, WASHINGTON 98185 5683974 F ONDms with The American Institute of Architects, ocument No. A-310 ALL BY THESE PRESENTS, That we, KEN THOMPSON, I NC. as Principal, hereinafter called the Principal, ion and SAFECO INSURANCE COMPANY OF AMERIC�IIed the Surety, are held and firmly tbound ulnto organized under the laws of the State of Washington, as Surety, hereinafter as Obligee, hereinafter called the Obligee, CITY OF HUNTINGTON BEACH in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN -- --- 10°,6 --- ), for the payment of which sum well and truly to be made, the said Principal and the said Id ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. S, the Principal has submitted a bid for HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN .MENTS FROM NEWLAND STREET TO 1000' WEST CASH CONTRACT NO. 905 4 DWNER: AUGUST 31 1994 'sREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter f1endton the biddingwith or in accordance with the terms of such bid, and give such bond or bonds as may be spec �cuments with good and sufficient surety for the faithful performance of such Contract and for the prompt labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter �t and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty ,en the amount specified in said bid and such larger amount for which the Obligee may in good faith contract id bid, then this obligation shall be null and void, otherwise to remain party to perform the Work covered by sa and effect. ;sled this 30TH day of AUGUST , 1994 KEN THOMPSON, INC. (Seal) Principal Witness B / . �� y Title SAFE COMPANY OF AMERICA Witness BY t E. 0 LANEN Attorney-in-Pact ® Registered trademark of SAFECO Corporat PRINTED IN U.; S-541EP 2193 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 8/10/94 before me, J.K. CUNNINGHAM Notary Public Date personally appeared JAMES W. MOILANEN Name of Signer-(s) Mpersonally 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 J. K. CUNNINGHAM � signature(s) on the instrument the person(s)or the Z. � entity upon behalf of which the person(s) acted, ppp- COl4 Ji. #� 370352 executed the instrument. "T*C.},.�' N�TAFi'i Pii3�iC G,�•:ORN1A 0 ORANGE COUNTY N WITNESS my hand and of ial seal. �I MY COMMISSION EXPIRES SEP. 30, 1995 �[ r ignature of Nota .................................n...................n.............:.... .. .... .........:... .vn.......... ...: ..................... .... ..F.... .......,.;}}r:•}i::•}}}}i}}}i}}}:!{•}:•}:4:^:?•:i!v:4:•}}Y{:{}^:^l?}:}::{:vi'4'v�•x??{?.:: ?•i�•}'..::i{•err.:.:}•}:{•...v:n:v:rr::::::......}}:•yy4:^i};{.}:•}}•v'4:r{{•};.t;}}}}};:.v:.v:{.,.v:.v. .::. {{.}:.:•}i}•?4 .:. . .r..n... .. .r.....................r. ......n n................t.....t............x.....,tt .... r'i+;t....,:•v: ................. ...........:.....................nt:.............................................•....... ti.:...{.:: .: .... .. - .. :..n........x..n................. ...::..................::::nw.v.v.v•:w::::.•::.::x. ii:?:::'.i:;ri'.::.}: .............+.............:::!v.v:::::::::.v::::::::.n:::.v:::::..}.v::•:x::::,,:ry•:::n•:::............n......... .... .. .. •::::::;Y w::;rt::i•:•:•:•::v.:::::::r+.t:::.v:::,:.:::v.t... 1{:.::...v:::::::}}}x::::::::v:•::w:. .........:....................:.::.v::::::.v:::.�:::::.t:.::.............................,....tt... t...t.... ....t�-PT�ONA�......:...........x.........:..........................................},........ ..::..,. ..:.:;::.: ...:........ 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 forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑CORPORATE OFFICER TIRE OR TYPE OF DOCUMENT TrME(S) ❑PARTNERS(S) ❑LIMITED ❑GENERAL NUMBER OF PAGES MATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTII'Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE ® POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:SAFECO PLAZA /� SEATTLE.WASHINGTON 08185 .SAFE VO No. 9616 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint •eseeeesuu sum a Naumann mass a Nauss uesesamNNJAMES W. MOILANENsusNNurser*sum"Naumann sssNurerrerurr■ 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 SAFECO 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, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested:these presents this 15 t h day of June , 19 93 CERTIFICATE Extract from the By-Laws of SAFECO 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 SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO 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 30TH day of AUGUST 19 94 S-1300/EP 1/03 RegiStered trademark of SAFECO Corporation. f+ 5.: f � .(hid,.. r ..aoa` ai ° I q ai�� (hrtXt,�� ,,,,��'1 ((qai�.\�. ••o,>HdI (Ufh /xs' TITAN INDEMNITY COMPANY ' San Antonio,Texas Urrh„� BID BOND �T BOND NUMBER..1.1 3.5 3 7........................................... ........... KNOW ALL MEN BY THESE PRESENTS: ; That Hillside Contractors, Inc. ...................................................................•----........................................of.....-10732. -Chestnut Avenue.%.............. ...... ......................................... 0 Stanton, CA. 90680 .................................................................................................................................... .as Principal,and TITAN INDEMNITY COMPANY, k! , a Texas corporation,as Surety,are held and firmly bound unt.0 i ty Of Hunt 1 rigton Beach ....................................................................................................... as Obligee,in the full and just sum of ten.... erCerit 10 s 1 P ....... ... ........... of...the....greatest....amount...bid.... not to exceed a maximum of forty-thousand( $40,000.00)----- .................................................................................................................................................................................................................... Dollars, (firru,�t lawful money of the United States,for the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors, _ J administrators,successors and assigns,jointly and severally,firmly by these presents. p WHEREAS,the said Principal is herewith submitting its proposal Heil Avenue Traffic Signal and Storm Drain Improvement �h Cash Contract #:905 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will,within the time required,enter into a formal contract and give a good and sufficient bond to secure the performance of the terms ' (rrrW„ and conditions of the contract,then this obligation to be void;otherwise the Principal and Surety will pay unto the Obligee the .........� difference in money between the amount of the bid of the said Principal and the amount for which the 0bligee legally contracts with �k another party to perform the work if the latter amount be in excess of the former,but in no event shall liability hereunder exceed the �yDl :. „ ' penal sum hereof. ' t August 30, 1994 Signed,sealed and delivered .........Au....g.U......S....t....... (Date) w"�yJJ =s ffrra„ %. Hi side Contractors, Inc. L) .............. .. . : .............................................................•--.....---......................----....-- ---- ... ......... ... EAi ressassa .... d. yy ent fdp•:. TITAN INDEM I COMPANY •aJJ) Blake A. fiSter, Attorney-in-fact TIC-BB-2 iW '-:i"ykWJ y4"•,,.�.e$wµ i;WV174 �1Sw " ''NR� / °wI ` F�ti5t; .' !� ' € ii'!yi •i Titan Indemnity Company 113837 San Antonio, Texas GENERAL POWER OF ATTORNEY CONTRACT AMT: NSA BOND AMT:$40,000.00 BOND No.:113837 Know all men by these Presents,that TITAN INDEMNITY COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint Blake A. Pfister its true and lawful Attorney-In-Fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,bonds,undertakings,contracts of suretyship,and other documents of a similar character issued in the course of its business,and to bind the Company thereby,provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January,1993. Resolved:That Mark E.Watson,Jr.,President,Mark E.Watson,III,Secretary,Michael J.Bodayle,Treasurer,Bob L.Sibley,Executive Vice President,and Gene Holt,Vice President of Surety Operations,or any of them,shall have the power to appoint Attorneys-In-Fact as the business of the Corporation may require or to authorize any persons to execute on behalf of the Corporation any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds and release and assignment of judgments,decrees,mortgages and instruments in the nature of mortgages and also all other instruments and documents which the business of the Corporation may require and to affix the seal of the Corporation thereto. Resolved Further:That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney certificate of either given for the execution of any bond,undertaking,contract or suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. In Witness Whereof,TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 15th day of January,1993. 17, TITAN INDEMNITY COMPANY �`�Q�.• IAN Attest: By: �:' • • p `2c G�pPORgrF•:�'a Mark E.Watson,III,Secretary Bob L.Sibley,Executive Vice President =�•;SEAL:�•'c 1 9�81 The State of Texas County of Bexar On this 28th day of May,1993 before me personally came Bob L.Sibley,to me known,who being by me duly sworn,did depose and say that he is the Executive Vice President of TITAN INDEMNITY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate 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. Jill Bumgardner,Notary Public Certificate 1,the undersigned,the Treasurer of TITAN INDEMNITY COMPANY,a Texas Corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed in the City of San Antonio,in the State of Texas. Dated the30th day of August 1994 Michael J.Bodayle,Treasurer (TIC-GPOA 071294) (Affix Seal Here) DATE:_ w DN 5JAY, Auausi 31, 1994 2:0 Elm ENGINEER'S ES MAT 325 ] PROJECT ENGINEER: DO UG KAT0 JOB TITLE AND CC #:_ LiEl L AVENUE TRAFFIC SIGNAL AND STORM DRAIN: C05 BIDDERS NAME TOTAL BID AMOUNT 1_ ,---J� R-GR I FF 2, BORAL RESOURCES 3 DB L CONSTRUCTION CR S C C HI ECONOLITE LLSIDE CONTRACTORS �G , p 8. INTERSECTION V 0 9 10, L AND R ELECTRICAL 5ERVICE COMPANY U . 12, MOORE ELECTRIC 13, PALADIN CONSTRUCTION 11E PECK TRAFFIC 5, S F. CONSTRUCTION 16 SIMICH-MASANOVICH 17 sTEiNy AND comPANY d, SYNCHRONEX 69 KEN THOMPSON 20. ZAICH CONSTRUCTION RECEIVED CITY C;-ERK LITY HUNTIN�-M, G 3 2- o5 11"1 '94 D-1 CREATE A FILE N , I (35 characters griid) C) _ Y-6 SiQY1�1 J�2rv�_,�rQin - - - - - - - - D O ll - - - - - - - - - - - - - -�`- fl�- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXP. DATE: — — — — — — — — — — — — — — — — — — — — — — — — — — — — AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO TONY! 0895I REQUEST FOR CITY COUNCIL ACTION Date: A APP O D By CITY COUNCIL Submitted to: Honorable Mayor and City Council 19 a Submitted by: Michael T. Uberuaga, City Administratol��— � C CL xu Prepared by: -PK Ray Silver, Assistant City Administrator/Acting Director of Public Works oZe,9E- Subject: Newland/Heil Traffic Signal and Storm Drain; CC-905 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue,Recommended Action,Analysis,Environmental Status, Funding Source,Alternative Action,AttachmeVS STATEMENT OF ISSUE: Staff has completed plans and specifications for the Newland/Heil Traffic Signal and Storm Drain Improvements Project. RECOMMENDED ACTION: 1. Approve the plans and specifications, and authorize the Acting Director of Public Works to solicit bids for construction; and 2. Approve the attached sample contract, subject to the award of contract to the lowest responsive bidder, for the Newland/Heil Traffic Signal and Storm Drain Improvements project; CC-905. ANALYSIS: In August 1993 the Orange County Transportation Agency approved $165,000 in Measure"M" funds for the construction of a traffic signal and drainage improvements at the intersection of Newland Street and Heil Avenue. In April 1994, the City of Westminster approved a budget amendment to their Capital Improvement Project Fund for Westminster's share of the project cost. In January 3, 1994, City Council selected Weston Pringle and Associates to design the traffic signal. Public Works staff designed the storm drain improvements. i RCA; CC-905 August 1, 1994 Page two Traffic is now controlled by a four way stop. The intersection is subject to extreme flooding during moderate rainfall. The flooding has not been a major problem since the speed through the intersection is low. With the proposed traffic signal, however, vehicles may go out of control regardless of the weather because of the higher speed associated with a signal. In rainy weather, vehicles may hydroplane. In dry weather, vehicles may hit the "dip" (cross gutter) and become airborne. For this reason, whenever traffic signals are installed, cross gutters should be removed. A cross gutter is a temporary drainage device, and in this case, it doesn't work very well. We can eliminate a hazardous situation by constructing an underground storm drain in conjunction with the signal. This will allow the elimination of the "dip" in the roadway. ENVIRONMENTAL STATUS: This project is categorically exempt per the California Environmental Quality Act, Section 15301. FUNDING SOURCE: Engineer's estimate: $120,000 Traffic Signal $205,613 Storm Drain $325,613 Total Funding: $165,000 GMA $36,105 City of Westminster $124,508 Unappropriated Drainage Fund Balance $325,613 Total RCA; CC-905 August 1, 1994 Page three ALTERNATIVE ACTION: I. Deny approval of the plans, specifications and sample contract and forfeit pre-approved Measure "M" funds. 2. Approve the plans, specifications and sample contract for the traffic signal without the drainage improvements. This would increase the City's exposure to liability. ATTACHMENTS: Vicinity Map Council Action from the City of Westminster Filename:G:\CC905\RCA\905RCAO 1.DOC PROJECT s LOCATION: 'o BOLSA AVE. CO Mc FADDEN AVE. �� EDINGER AVE. tn F m o m y w HEII AVE. m 2 U NQ V O N J Z u m a in WARNERI AVE. SLATER AVE. 0 3 405 n TALBERT AVE. ELLIS AVE. CARFIEL AVE. 2h 9 - m y.� YORKTCNN AVE. 3 y4 m ADAMS AVE. � x QY N 8 ' INDIANAPOLIS AVE. m J �p Z ATLANTA AVE. 0 HAMILTON AVE. PROJECT: BANNING A l y„ �'IGOL� GJtuIC� �QG�J��OC� oOG nFvgbQl �Y eUU0 ocif-OV QR&o OQQflRS OG�G�QOML��t7C�ln�`t�� GG��70�5 all \` My n CITY OF HUNTINGTON BEACH VICINITY MAP DEPARTMENT F PARTMNT O PUBLIC WORKS no n�cn�mvwa��m-r 'I N-07-94 TUE 15: 15 CITY OF WESTM I NSTER FAX N0, 7143734F84 F. 021'02 �cQ . APRIL 26� 1994 UAT t 4 TO: City Council SUBJECT: Budget Amendment to the Capital Improvement Project Fund from the Drainage District # 5 Fund for the City's Share of the Storm Drain Design and Construction Costs in Conjunction with the New Traffic Signal to be Installed at Newland/Heil RECOMMENDATION That the City Council approve the transfer of funds in the amount of $36,104.98 from Drainage District #5 to Capital Improvement Projects to pay for the City's proportionate share of the storm drain at Newland/Heil. DISCUSSION The City of Huntington Beach is currently acting as lead agency for the design and construction of the new traffic signal at Newland/Heil. Funding is provided by Growth Management Area #6 from Measure M funds. As a part of this project, we have now reached the decision point as to whether or not to correct the existing drainage deficiencies at the intersection in conjunction with the Construction of the traffic signal. Flooding in the intersection during even moderate periods of rainfall is a persistent problem which can be corrected only by the installation of a storm drain connection to the nearest Orange County Flood Control District channel. The preliminary cost estimate for the storm drain is approximately 0204,000, There is sufficient funding in the GMA traffic signal project to pay a portion of the cost, leaving $159,000 to be split between Westminster and Huntington Beach. Our proportionate share, based upon the area drained, is estimated at $36,000. This area is,in Drainage District #5 which has a current fund balance of $36,104.93, Staff recommends that the fund balance be utilized to pad, for our proportionate share of this project. Respectfully submitted, Don Vestal Deputy City Manager/ Public Works Director Approved fo submission: Q untley In� City Manager t Filename:H:\WORD\MEMO\RE0623 94.DOC CITY OF HUNTINGTON BEACH Public Works Department TO: REE FROM: DK DATE: 6/23/94 SUBJECT: FUNDING FOR NEWLAND/HEIL IMPROVEMENTS FOR YOUR INFORMATION,HERE'S THE LATEST ON THE ENGINEER-S ESTIMATE AND FUNDING FOR THE SUBJECT PROJECT. y� ENGINEER'S ESTIMATE: I�% '� �'" � � � 1aj nj o TRAFFIC SIGNAL $120,000 (1) f `�-I ,'fin i�``� ��'>✓ry; STORM DRAIN $205,613 �OCI IC�� ear aid TOTAL $325 613 rr iG►' ) w:c i ti 4.4;v\ D(' 1"utldk FUNDING: GMA $165,000 WESTMINSTER $36,105 (2) DRAINAGE FUND $124,508 (3) TOTAL $325,613 (1)THIS IS TRAFFIC'S RECOMMENDATION,BUT I THINK THE SIGNAL N ILL BE LESS THAN $100,000,BASED ON THE 3/24/94 LOW BID FOR THE SIGNAL AT YORKTOWN/DELAWARE, WHICH WAS $75,165. (2)WESTMINSTER CITY COUNCIL APPROVED BUDGET AMENDMENT TO CAPITAL IMPROVEMENT PROJECT FUND FOR THEIR SHARE OF THE STORM DRAIN DESIGN AND CONSTRUCTION COSTS ON 4/26/94. (3) STEVE MAY AGREED IN WRITING ON 6/23/94 TO PROVIDE THIS AMOUNT FROM THE DRAINAGE FUND. A FAVORABLE BID,WHICH COULD AMOUNT TO MORE THAN'S20,000 UNDER THE ENGINEER'S ESTIMATE,WOULD REDUCE THE DRAINAGE FUND REQUIREMENT TO UNDER$104,508. Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVMENTS (CC NO. 905) THIS AGREEMENT, made and entered into this day of 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Heil Avenue traffic signal and storm drain improvements (CC No. 905) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 SAMPLE 6/agree/heilsam/07/20/94 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE 6/agree/heilsam/07/20/94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 SAMPLE 6/agree/h e i I sa m/0 7/20/94 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 SAMPLE 6/agree/heilsam/07/20/94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 SAMPLE 6/ag ree/heilsa m/07/20/94 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 SAMPLE 6/agree/heilsa m/07/20/94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 SAMPLE 6/agree/hei Isa m/07/20/94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 SAMPLE 6/ag ree/heilsam/07/20/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 SAMPLE 6/agree/hei Isam/07/20/94 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 SAMPLE 6/ag ree/heilsam/07/20/94 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 SAMPLE 6/agree/hei Isam/07/20/94 Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 SAMPLE 6/agree/heilsam/07/20/94 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED . CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 SAMPLE 6/ag ree/heilsa m/07/20/94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of California print name ITS: (circle one)Chairman/President/Vice President By: Mayor print name ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer ,;,�City Attorney �- ATTEST: 7-2 d-'y INITIATED AND APPROVED: City Clerk Director of REVIEWED AND APPROVED: City Administrator 14 SAMPLE 6/agree/heilsam/07/20/94 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVMENTS (CC NO. 905) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 15 6/agree/consu tt/07/20/94 I, NDEPENDENT Client Reference Independent Reference # �a c)-1,2,2 Dear Advertisers: Enclosed please find clipp'qg of your ad from the first publication, beginning If you need any changes or corrections, please call me at your earliest convenience. �t The cost of this publication will be Thanks for your cooperation and patronage. Sincerely, Gudy ?ttingg Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX(714) 631-5902 PROOF OF PUBLICATION STATE OF CALIFORNIA) pUBLICNOTICE SS. NOTICE INVITING BIDS County of Orange ) for Hell Ave Traffic Signal and Storm Drain Improvements, I am a Citizen of the United States and a (CC-905) Notice is hereby given resident of the County aforesaid; I am that sealed bids will be re- ceived by the Huntington over the age of eighteen years, and not a Hall, 200000 Mlerk ain at party to or interested in the below Huntington Beach, CA 92648, until the hour of 2:00 PM on August 31, entitled matter. I am a principal clerk of 1994, at which time bids will be opened publicly and the HUNTINGTON BEACH INDEPENDENT, a read aloud. Plans, specifications, and newspaper of general circulation, printed other contract documents may be obtained starting and published in the City of Huntington August 10, 1994, at City Hall, Department of Public Beach, County of Orange, State of works upon receipt of a non-refundable tee of California, and that attached Notice is a $2$25.00 if picked up or 5.00 it mailed. Each bid shall be made true and complete copy as was printed on the Proposal Form pro- vided in the contract docu- and published in the Huntington Beach ments, and shall be ac- companied by a certified or and Fountain Valley issues of said cashiers check or bid bond for not less than 10% newspaper to wit the issue(s) of: or the amount of the bid, made payable to the City, of Huntington Beach. The Contractor shall,in the per-1 e formance of the work and Improvements, conform to the Labor Code of the State of California and August 11, 18 e 25, 1993 other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereun- der are taken and which declare, under penalty of perjury, that have not been superseded by the provisions of the the foregoing is true and correct. Labor Code. Preference to. labor shall be given only in' the manner provided by l law. No bid shall be consid- � 99�_ ered unless it is made on a August 25 Executed on , form furnished the City of Huntington Beach and is at Costa Mesa, California. made in accordance with the provisions of the pro- posal requirements. Each bidder must be li- censed and also prequalk fied as required by law. The City Council of the City of Huntington Beach reserves the right to reject j ^ any or all bids. ��l'2�`"` By order of the City Coun-, � cil of the City of Huntington Z/ Beach, California the 2nd of August,1994. Signature Connie Brockway,City ) L y of I Huntington Ierk of thBeach,l I2000 Main Street,] 1714)536-5431 Published Huntington Beach-Fountain Valley In- dependent August 11, 18 1 25,1994. 08A I - PROOF OF PUBLICATION STATE OF CALIFORNIA) _ ) PUBLIC NOTICE SS. NOTICE County of Orange ) INVITING 81 for Hell Ave Traffic Signal and Storm Drain I am a Citizen of the United States and a Improvements, (CC-905) resident of the County aforesaid; I am Notice is hereby given that sealed bids will be re- over the age of eighteen years, and not a ceived by the Huntington Beach City Clerk at City Hall, 2000 Main Street, party to or interested in the below Huntington Beach, CA 92648, until the hour of entitled matter. I am a principal clerk of 2:00 PM on August 31, 1994, at which time bids the HUNTINGTON BEACH INDEPENDENT, a read aloll be publicly and newspaper of general circulation, printed Plans, specifications, and other contract documents and published in the City of Huntington may be obtained starting August 10, 1994, at City Hall, Department of Public Beach, County of Orange, State of works upon receipt of a non-refundable fee of California, and that attached Notice is a $20,00 if picked up or $25.00 if mailed. true and complete copy as was printed Each bid shall be made on the Proposal Form pro- and published in the Huntington Beach vided in the contract docu- ments, and shall be ac- and Fountain Valley Issues of said companied by a certified or cashier's check or bid bond for not less than 10% newspaper to wit the issue(s) of: of the amount of the bid, made payable to the City of Huntington Beach. The �. Contractor shall,in the per- formance of the work and improvements, conform to the Labor Code of the of August 11, 18 e 25, 1993 other Laws of I henia State and ot California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereun- I declare, under penalty of perjury, that der are taken and which) have not been superseded the foregoing is true and correct. by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be consid- Executed on August 25 , 1994 ered unless it is made on a form furnished by the City of Huntington reach and is at Costa Mesa, California. made in accordance with the provisions of the pro- posal requirements. Each bidder must be i- censed and also prequalli- tied as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. \ By order of the City Coun- cil of the City of Huntington Beach, California the 2nd Signature of August,1994. Connie Brockway, City Clerk of the City of Huntington Beach, 2000 Main Street, (714)536-5431 Published Huntington Beach-Fountain Valley In- dependent August 11, 18, 25,1994. 082-822 SECTION C PROPOSAL r..r' for the HEIL AVE. TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS from NEWLAND ST. TO 1000' WEST CASH CONTRACT No. 905 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 45 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 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in , executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the , proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. `-,,, Accompanying this proposal of bid, find ��� in the amount of$ Gtic 4 `J+� 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 Si nature C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 1 Remove P.C.C. cross utter&sp�n fel LS a-� � - !C ollars p� 580 - N 0 Cents Per LS 2 3057 Remove P.C.C. sidewalk sq ft @ Dollars 15 S6d6AX:r 'r,1114 Cents —Per sq ft 3 6000 Remove exist.A.C.pavement&subgrade to required depth sq ft @ h/ Dollars $ f S s $ 93t)©�_ ,. Cents 1 Per sq ft 4 1 Remove reinforcing concrete drainage facility LS @ T�/�c�/a ��/L7 Dollars 0-0 $ tO�On $ (.�.— Cents Per LS 5 366 Remove curb&gutter lin ft 1/E Dollars $ S ss $ Z0313o - ) V F Cents —Per lin ft 6 1 Remove ex. F.H.assembly&c p line E ea ►)6; Ov Dollars Cents Per ea 7 75 Install 18"P.V.C. Storm Drain lin ft @ V.UE' Dollars $ ,// o-b $ 3 T �'• o Cents Tl Per lin ft 8 35 Install 21"P.V.C. Storm Drain lin ft @ i-e- Dollars / �x-r-:;z Cents Per lin ft 9 21 Install 24" P.V.C. Storm Drain lin ft @ r Dollars Are Cents Per lin ft 10 244 Install 27"P.N.C. St° rain lin ft @ 1 eUlVr ! ollars e) Cents Per lin ft C-Is PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price7 Amount 11 800 Install 36" P.V.C. Storm Drain c lin ft (a L c �j T .-} Dollars 3 S c tiJ l Vt•- 104- Cents Per lin ft 12 2 Const. J.S.Type"D" ; ea @%1I11t/�•�'� >il/Pi l�/I�i(iY3oars a �/ hb M) cents Per ea 13 2 Const. J TP "D",Mod' ied %�d.�it?/? 6�NWk'✓� Mars VV ea C Cl` fil�,s Fi vE $ A/c, Cents Per ea 14 1 Const 4'Catch Basin&Local ressiio/ SfY�, dE eaf �l�ltiiJrstX�'` oIlars lI/c, Cents Per ea 15 2 Const. 10'Catch Basin&Local De;ressionIlk ea u/ �rL,�'�i�l�(f�C{`���11•/�llars 3$ ?So ^_ $ 75oo — _ Al w Cents Per ea 16 257 Const. 8"curb& Ier fin ft (a) Dollars 6 z �-- $ 2� - _ $ 0 �x'T"� cents Per lin ft 17 2973 Const.4"sidewalk and access ramps sq ft @ -•/0 Dollars $ S $ I -7 S 7l/��Cents —Per sq ft 18 1100 Const. as halt pavement tons @ ��y Tai�/�/ Dollars 1VV Cents Per tons 19 4 Adjust manhole to grade ea (full de t levelit cour•e,ov r &tr�nch cap.) 7TWel,/ O!1 Dollars ^��'v N(O TG _ L) Cents Per ea 20 3 Adjust w• er valve o grade ea @ ,/�►)e) i, i�'�/L,G i/.�:� Dollars $ Z $ ��S — N v Cents Per ea C-2s PROJECT BID SCHEDULE ` Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 21 1 Coat Ma; nh le /, p ea @ ,�� �E �.U�i✓✓I �f 'lloll rs e'' c C) Cents Per ea 22 1 Install Traffic Signal� LS /1l6's-a7311c /,( )!'7Qr+�f�� Dollars 000 Cra $ llljt� — )V c) �—— Cents t?f� S Per LS 23 1 Traffic I Plans LS j� a, Dollars nn / Cents 1 Per LS 24 1 Provide Project Traffic Control� LS L'F TA n� SA �rD0 arsf' ars A¢' No Cents Per LS Total Amount Bid in Figures: S v—] 9 Total Amount Bid in Words: 06'10 ............................................................................................................................................................................................................................................. Zt jY 91),V44'd4 C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Na`ne and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies. 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listinc. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT ` TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange _D6M,,J2", being first duly sworn, deposes and says that he or she is cxE�. ✓CE fQEs/vE,�J T of ,wit_' �KoM�O dnl� -fir, 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. E'nl 7,�oMf�o,� �- Name of Bidder Signature ofBidder/ P/J6 G4. 0 6 36 Address of Bidder Subscribed and sworn to before me this day of 199 _ . r • NOTARY PUBLIC NOTARY SEAL C4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On � 5cmr— T1�1C►� before me, ) >> J��. �r�`�t� A t DATE NAME,TITLE OF OFFICER-E.G., JANE DOE,NOTARY PUBLIC" 1 personally appeared NAME(S)OF SIGNER(S) "personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 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. r WITNESS my hand and official seal. . ' "'�' LISA M.LOM BARDO y' COMM.¥1006839 z '-�'n - Notary Public:— California _ ORANGE COUNTY SIGNATURE OF NOTARY My Comm.Expires OCT 11, 1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNI.A Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HEIL AVE. TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS, (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. i Contractor 7 By Title a Date: 3/—S q i C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes W�No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. psc)A.%�:T��. Contractor By Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required,for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by f our office on � � , 199Y The following are persons, firms, and corporations having a principal interest in this proposal: 1C�itJ �-�aypSv.J ��✓c^: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name 9 Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of , 199_ 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: ~ 1S (2S��'�FC • Name and Address of Public Agency Name and Telephone No. of Project Manager: TfM r ,oelx-J / '�/4� � 229—C7 � A , 0 0 0,C irz s7p 4—q�4 Contract Amount Type of Work Date Completed 2. 4 �Cr4 Q g2� _26 Name and Address of Public Agency Name and Telephone No. of Project Manager: M &zie esDls) 99a 76o o IV Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: �,Q tJ 4. .Sw,¢,y S L7,,YJ 2— — —�i Ze, /'70 ©, o a 6 . Col�-- g 3 Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of PO � 'L Ani 0\C County of On �" Abefore me, DATE JE,tITLE OF OFFICER- .G.,"JANE DOV,NOTARY PUBLIC" personally appeared ( t ' NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 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. WITNESS my hand and official seal. LISA M.LOMBARDO ,r a _ COMM.#',006&19 Z z e`� ` r Notary Public-Californio n Z y ORANGE COUNTY SIGNATURE OF NOTARY My Comm.Expires OCT 11,1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR l ❑ OTHER: i - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) - SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 RECEIVER �.c c CITY CLERK _ CITY OF HUNTINCTON ? „GH, CALIF. ter,1�z,F MlY 19 ( 28 PH '94 N .. ycn }wLL N �nLu uj h6, � of �rc.�F C: ca Q7 2 '311V�'H:i13�-' H019NItNtiH 2 ,Q AQ A11l x U11313 Alit 13AI333N C" i..l S Lai W 4 4! W L.)y m u y, c• CD (� z ._. z � z c x RECEIVE& CITY CLERK HUHTtN,q CITY OF .4 ! ToN SEACH.ULIF. r -f z Is �, '9�1 Lax;�r• s 3 r L ' h6, W a° Gs 31}p3'HJn NQ19Ni1Nf1H31lVJ'HJ73S NU19NUNU 36'kiln jC Ali:l Y1.+313 A1iJ MU313 AIIJ t13A1333i1 03AI333H HEIL AVENUE, TRAFFIC AND STORM DRAIN IMPROVEMENTS, CC-905 ADDENDUM NUMBER 1 AUGUST 9, 1994 Notice To All Bidders: The folloNving revisions/corrections shall be included in the bid documents. 1) Delete bid item# 23, Traffic Control Plans. 2) The cost of the 18"stub and cap, shown on sheet 2 of 5 at station 18+12 shall be included in the unit bid item for the]unction Structures (bid item# 13) and no additional compensation will be allowed therefor. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate or the Bid Opening date/time for this project. Should you have and questions regarding this Addendum,please feel free to contact 1 Douglas S. Kato of this office at(714) 536-5214, City Of Huntington Beach Doug as S. Kato, P.E. Prinfipal Engineer v I have reviewed Addendum Number One dated August 9, 1994. I understand that Addendum Number 1 shall be included in the bid documents. Company Name By Dated • HEIL AVENUE, TRAFFIC AND STORM DRAIN IMPROVEMENTS, CC-905 _ ADDENDUM NUMBER 2 AUGUST 25, 1994 - Notice To All Bidders: The following revisions/corrections shall be included in the bid documents. _ 1) Subsequent to proper and complete execution of the Contract Agreement and approval of the equipment list, the Agency will issue the Notice to Proceed with Procurement. The Contractor shall submit evidence of such procurement_within rive working days of date in said notice. Such evidence shall be copies of written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item is scheduled for delivery. Upon receipt of written_ confirmation of delivery dates, the Agency will issue the Notice to Proceed with the Work. 2) The time of completion stated within the project specifications for the Heil Avenue, traffic signal and storm drain Improvements, cash contract No. 905 shall-be increased from 45 working days to 75 working days. The contractor will be granted an increase in-working days for the traffic signal work only-due to supplier delay of equipment beyond the control of the contractor and/or from adverse - weather. However, the contractor will in no way be allowed more-then 45 working days to complete the work after the delivery of the traffic signal poles. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate or the Bid Opening date/time for this project. Should your have and questions regarding this Addendum, please feel free to contact me at (714) 536-5214, City Of Huntington Beach Dougl S. Kato, P.E. Prin 'p 1 Engineer I have reviewed Addendum Number Two dated August 25, 1994. I understand that Addendum Number 2 shall be included in the.bid documents. - - _ o---------- Company Name By Dated - _. -J C _ ! 2 S V r C4- �► zcnoti Z ch Q o �C) � :3: cn - r co W �_ a ro X. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO THOSE LISTED HEREON FROM: ' ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC Ct0S DATE: The conformed copy of the Notice of Completion for the above contract has been filed: The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. . DAN T. VI LELLA, Director of Finance certify that no stop notices are o file o he 'ect t th time. Date: �r LES JONES Publi Works Director certify that no stop notices a on file on the subject.contract and that a guaranty bond has been filed. Date: 2 CONNIE BROCKWAY, Ci lerk I certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12:57 PM