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Nobest, Inc. - 2006-04-17
t RE(C''E' IIV�ED BY: � (Name) i y (Date) • i Am? I to. La w CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrichh, City Treasurer FROM: 1T t%oAo" DATE: 01 / /3 /U SUBJECT: Bond Acceptance I have received the bonds for Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Codncll pproval pate City Clerk Vault No. hiii5 t�/g9 3s� ZA ir #27 g./followup/bondletterdoc [0psCity of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Project Manage`(, DATE: Febrary 21, 2007 SUBJECT: Retention Release Payment Company Name: Nobest Incorporated, Inc. Address: P.O. Box 874 City, State and Zip Code: Westminster, CA 92684 Phone Number: (714) 892-5583 Business License Number:A 186848 Exp. 10/07 Local Address: Same as above Notice of Completion Date:January 9, 2007 Contract Purpose: Release of remaining 10% money to contractor from Cash Contract No.1264 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 1 certify that no stop notices are on file on the subje(A at th 9-94- 6-7 Date F. Bea I certify that there are no outstanding invoices on file. T 0 -7 Date Shbri F , Public Works Director (or Vo J rich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. �- L - ,�7 Date Reten. Release 2/21/2007 11:07:00 AM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 200700001366510:49am 01109107 218 207 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to NOBEST INCORPORATED who was the company thereon for doing the following work to -wit: i WARNER AVENUE FIRE STATION SIGNAL PROJECT; CASH CONTRACT NUMBER 1264,, That said work was completed December 26, 2006 by said company according to plans and specifications and to the i satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 26, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this December 28, 2006. rector o Public Works or City EhgineeV City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 28, 200� 00erector of Public Works or ity Epdheer city of Huntington Beach, dalWnia THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. CE 45 t 3 That, Nobest Incorporated as Principal, and Contractors Bonding and Insurance Company a corporation organized under the laws of the State of Washington and authorized to do a surety business in the State of California , as Surety, are held and firmly bound unto the City of Huntington Beach in the sum of Two hundred sixty-seven thousand two hundred three and 97/100's ($ 267,203.97 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this January 2, 2007 WHEREAS, on the April 19, 2006 , the said Principal as contractor, entered into a contract for Warner Avenue Fire Station Traffic Signal Project for the sum of two hundred sixty-two thousand eight hundred seventy and no/100 ($ 262,870.00 ); and, WHEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond for Two hundred sixty-seven thousand two hundred three and 97/ l00's ($ 267,203.97 ),to protect the City of Huntington Beach against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until December 26, 2007 Now, THEREFORE, if the said Princi shall for a period of one year from and after the date of the completion and acceptance of same by said Principal renlace nnv and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. AP WTOF. FRATH, C Attome Y Linda D. Coats, Attorney in Fact ORSC 22518 (4-93) ACKNOWLEDGMENT State of : California County of Orange On I — L4 —��1 , befpre me Ray E. Anderson/Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland , Name(s) of Signer (s) N personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KAYE.ANOERSON WITNESS my hand and official seal U COMM. #h 579683 NWAMY tic-c+uFOOM n owwc counnr -� Mroam� ..A.,.13 a of Notary Place Notary Seal Above ACKNOWLEDGMENT State of California County of Orange 0n Jan. 2, 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CHRISTINE M. RAPP ` T COMM. # 1494518 X NOTARY PUBLIC-CALIFORNIA Cn C ` . ORANGE COUNTY N I �4trFoac+ My Conm Expires JULY9, 2008 v (Seal) LIMITED POWER OF ATT ORNFV undertaking would be+xequired with penal^sum Sri excess of $10,000,00; and (2 con:sents,; releases and Other similar documents:required by an obligee under a Contract bonded by the Company,. This appointment is `made under the authority of the Board of Directors of the Company.--------------------------------------- o�ddQd dQOAa Odd Qde 9d 6'Aa e44 ! 0 " A 4 0 E A d R :p°4 @d OooeeP? dddd!ldep:n?sbdddlQQdap&p4?dd'db! QEp�a�5d42�d'dlQEd doed4dEbElQE4oeg,ddddd!!bE°p,°,ddld'bdlQE�p� a 4dd6!'lQEee,o6dd`dltlE'IQp�E..coddbe4blQE4� pabdddd 9EQEo : `bd6'd@dQQ4�p o`F°�i� b 040000 o b 06006A oo� a 404560 p°°vo° Od0o0Cdo 0°00 004 oo,.m o°o0d 000 RPdd)SOeo Sao°0?06406 g90d0406 ,d0006G0 e o ob°°i o d ° 4 p e v'r,�o a s5 0? b ° p 0 0 0° 4ao op0 d ° e >� e � �p° oe C �°e°°moo oeP �° L 4� o°°^u � e�b CeS 6 60oease pOPo°p°o°e4pe°'aa�a,° o4°4od °o ewe o9dPde40°0 ae°as' gePO°pea°96p°e°e,so eedo°e°e odo°°q�000 �d0 o°e°edey°a`®o o0ee°p°°e0�e� a°,®T� a°o �p0pbo°edoq°a�oRyo'O u°0�4 �O oa°e°^°v °a°'iY�oRO o0°e°°n 9°p _ o oc°o °•1° o o Ue�o an °d � �o"o° 9°0,, ° Y pe ya p o !li° o°eo e o o Jela° e o ee 9� q o.�! yo pb 0 eo p °EOM10 p o0 0 e 6° °q®>e °4°e ° e0 6 ".e�R pp°0 a 0�6-0 opy,> °e b . °p °,�.e B o 0 0 op°°° °°°a'�®° o o° °° a °aw do°c°o°°°eo pm� ee a°+•0e°oo°®° eoec o' a .:a.� °o°o a°^�r� 00 0°000°eo°tra► e° o o°oo o°w.'o°p°oovo qo aws° o o°<°a"e� r.em° aoo°o°o .. ps°°$o ooe ee ®® o°°cob°o ° or.+°sooe�B o 0 0 r voc ?oono�� vooeveoo�o°mr� �o ec ee �r o 0 o^oe �.r Qo"��° oe°ooee oaf o°e°eoi o ram► 400°0�0' _� �e^° fir° o m° o r_�° o°;o'a°"ter ren► o h +.� o AyoPO �a o +nr,s *ram ° re® eo !.s° � �o ewes> oo<.o �► o aae>� a o°°Qu°°� o +r"A ov0000g �xms°o'o°p4o mwl+,�eaa,� RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name after signing/dating (Date) Fe CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ShaAFreidenrich, City Treasurer FROM: DATE: SUBJECT: I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �i Lam, N.J Re: Tract No. CC No. MSC No. Approved C-06unlil ate T (Company Name) i_ f- ' ` 1,3 Agenda Item No. City Clerk Vault No. S5 #27 gJfollowup/bondletter dac Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: 2(0 `1. Project: 40 E . F tRg STV!cRo4z) The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 200-7 , atGr--e.0m. Califorrua. (Type Contractor Name) By: .,� Name: e N e Title: [Type Title] AS TO iE.rA J, i�D� LIMRP1yJ J.-J O-plmtit) CITY ATgORN Y 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Cc IL l Z(o � j Project: V'i Ag-!N Gfzz' A�'3L VR 1E 4- " SIC-1r��(__ 5 The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _ day of 20ol, at California. (Type Contractor Name) By: _ Name: Title: _TLJ 3•-8rb-0(p 245911.1 I, CONTRACTOR'S CERTIFICATE state and certify that: (Name of t**4 o$cZ'ST- -=,,1 c-®R' '�-Io R�3� is the general contractor to the City of Huntington Beach ("City") on Contract No. IZ64-A (the "Contract") for the construction of the public work of improvement entitled: -4,» tc _ 971 RE 5'AiI or,� 5 I !�t /J A. L- �S (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): N©tJ� 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ` Executed at �nKZ.0UIG7 on this $_ day of , 20a. APPROVED AS TO FORM By: r �(1-7/a --U 3• Z0-0Le Name: [Type Name] Title: [Type Title] 245914.1 CITY OF HUNTINGTON BEACH MATTER ID NO. REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney Date:1/16/07 Request made by:Robert A. Martinez Telephone:x-5423 Department:Public Works INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City AttoetteLp gn Please attach all pertinent documents, information, exhibits, any relevant deadlines and contact information. JAN 18 2007 TYPE OF LEGAL SERVICES REQUESTED: City of e luntingtcn Beach ,ity Attornay's Office ❑ Prepare Contract / Document ® Approve Document ❑ General Legal Assistance / Project / Legal Research RCA DEADLINE: IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 1/29/07 Insufficient time to meet dea 1 ne, please note revised due date of This request s r viewed d proved. Date: Signature of Department Head COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Please review and approve "As To Form" the attached Maintenance Bond and attached documents from Nobest Incorporated for the Warner Avenue Fire Station Signal Improvements, Cash Contract Number 1264. Attached are the following: 1. Certification of Compliance, two original copies. 2. Contractor's Certificate, one original copy. 3. 1 year Maintenance Bond, one original copy. 4. Consent of Surty to Release Retention Funds, one original copy. Shaded areas for City Attorney's Office use only. This RLS is being returned for the following reason(s): ❑ Need Department Head signature ❑ Opinion previously rendered on (date) attached ❑ Insufficient data, please submit ❑ Attachment(s) missing ❑ Other: Assigned Attorney: Ext.: Assignment Date: Secretary: Ext.: Due Date: RLS Form Consent of Surety Release of Retention/ Final Payment (SIMILAR TO AIA DOCUMENT G707) Bond No. CE 4513 PROJECT: Warner Avenue Fire Station Traffic Signal Project (name, address) Cash Contract No. 1264 TO (Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONTRACTOR: Nobest Incorporated In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Contractors Bonding and Insurance Company I I I Pacifica No. 350, Irvine, CA 92618 , SURETY COMPANY, on bond of (here insert name and address of Contractor) Nobest Incorporated P.O. Box 874, Westminster, CA 92684 ,CONTRACTOR, hereby approves of the owner's payment of Final Payment and/or Payment of Retention to the Contractor, and agrees that the Final Payment and/or Payment of Retention to the Contractor shall not relieve the Surety Company of any of its obligations to City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this Attest: (Seal): 2nd day of January Contractors Bonding and Insurance Company ,�sur ompany Signature of Authorized Representative Linda D. Coats, Attorney in Fact Title , OWNER, , 2007 Note: This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition ACKNOWLEDGMENT State of California County of Orange On Jan. 2, 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda A Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CHRISTINE M. RAPp—i COMM. # 1494518 ;V NOTARY PUBLIC-CALIFORNIA ;a ORANGE COUNTY fV My Comm. Expires JULY 9, 2008 (Seal) � e s Certi Igate of Appointment and Resolutions of the Board of Directors The undersigned President and Secretary. .of Contractors Bonding and Insurance Company hereby certify that the, President has appointed the Attomey(s)-in-Fact identified on'the front side of this power of attorney, under -and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any oth employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee" may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointmen in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds{ undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: G) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii ) when duly executed and sealed (if a seal be required) by one or more attorneys -in - fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day of May, 2004. on Sirkin, Fresident State of Washington County of king Attest: R Kirk Eland, Secretary On May 13, 2004 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland persoballykn wn to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they ex—ciated the s e in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. N i Signature (seal) Brenda J. Scott, Notary Public y wi?, 1��a �S 30-�10= ��ht�R YpASN�. i Company Profile Page 1 of 2 Company Profile CONTRACTORS BONDING AND INSURANCE COMPANY P0BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE http://interactive.web.insurance.ca.gov/webuser/idb_Co_prof utl.get_co_prof?p_EID=6735 1/19/2007 Company Profile Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - January 17, 2007 12:57 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_Co_prof utl.get_co_prof?p_EID=6735 1/19/2007 NOBEST INCORPORATED General Engineering Contractor * Lic # 359622 P.O. Box 874, Westminster, CA 92684 714-892-5583 * Fax 714-373-0039 i 8 January 2007 Mr. Robert A. Martinez Project Manager / Public Works Dept. CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Re: Warner Ave. Fire Station Signal Improvements Cash Contract 1264 Dear Sir: Transmitted herewith are the following requested documents to close out the above referenced project. 1. Certification of Compliance with Prevailing Wage Laws 2. Certification of Compliance Title VII Civil Rights Act / EEO 3. Contractor's Certificate 4. (1) Year Maintenance Bond 5. Consent of Surety to Release Retention Funds Thank you for your time in addressing the attached documents. If you have any questions or require any additional information, please feel free to contact me at the number shown above. Best regards, Larry Nodlan President NOBEST INCORPORATED CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND W/44-4w- A%VF-NL4 0 F9 FLe 01;A 1 q -rl�Ffg c Vi�-�hlf�..R 0#4w-H c0NTR,*4G i"'' SC7. 1264 THIS AGREEMENT ("Agreement") made and entered into this day of A! —OR) L. 20_�* by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California C�p��"tlflN hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as WA*44 9P.- AVp;�J W ?'FLP— 419TOWn eN Tp-tkr"P' C in the City of Huntington beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND �,+oF3.�3.�-t' I Mc- • FOR TABLE OF CONTENTS Pate No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made er vVep t sons of this A reement or the Contract Documents, a sum not to exceed 11*044*44Pi P+'WPtM H4 Dollars ($ 0 t • , as set forth SI;tG in the ontract Documents, fo be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to p TH1 �� (�) 1 y completion within �ce�s�s�tiye from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of fling of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city consb'4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of PIVO HQNP Dollars ($ 451DO' 4-'�04) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city consb4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been fled under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city consb4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: PWMFORT A . mho'MhA 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: ' J� L MCA • i r low 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing parry. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any parry who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR ITS: (circle one) print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Ci Administrator agree/fonns/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: ity Clerk 4, " 5APPRD AS TO FORM: *Attorney �i31�L INITIATE AND APPROVED: l" Directorof Public ACKNOWLEDGMENT State of : California County of Orange On April 26, 2006 , befpre me Ray E. Anderson/Notary Public , Date 4 Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Larry Nodland and Robert Nodland 11 Name(s) of Signer (s) KAY E,ANpERlfON� Cg1A.1879683 ~ �orr�rn>rue -� INCOMMOn 7ioor Place Notary Seal Above [personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Si 10 SECTION C PROPOSAL for the `Varner Avenue Fire Station Traffic Signal CASH CONTRACT No. 1264 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Project Base Bid .......... . ... ...... 6: U....h..*:.:*.!.:*....'.. I ................................. . ........ *. '.-......*....'.f.... ......... Qdan .....Y ................................... .... ...... ............ . .......... . ...... .............. ..... I ....................... ................................ .. .... . . . .......... .......... . ... ...... ....... ..................... 11 ........ ..... ... ... . .. .. .... .. ......... ..*..............*.........*....... -. I ........................................ ....... ................ ..................................... .................. .... ........... ................ . I .. ............ . .................. ................... ................. ......,........ ............ . .. ....................... ... ........ ..... ....................... ....... ...... . .. .................... . .... . ...... ... ... .I ..-...*.......... ........... .............. ........ I I LS Mobilization cc A-�41 2e,,,, Per LS 2 1 LS Prepare Traffic Control Plan Per LS 3 1 LS Furnish Traffic Control 4,--/ 2ev Cr,""s CC $ $ Per LS 4 1 LS Construction Survey @ $ cc $ Per LS 5 1 LS Monument Preservation @ $ SOO, ca $ S. Per LS 6 1 EA Relocate Palm Tree @ $ "o Per EA 7 30 CY Unclassified Excavation Per CY 8 2 EA Adjust Water Valve to Grade Fi4e- *2pch-,01 s Per EA 9 1 EA Construct PCC Drive Approach (Incl. c&g) per Std. Plan 211 @ $ A $(0 z'aow. O-z-/ ?e.,a Per EA 10 546 SF Construct 4" PCC Sidewalk per Std. Plan 207 7 Per SF C-1s 11 1 EA Construct Curb Ramp per Caltr. Std. Plan RSP A88A Zee G Ga y. Per EA c 12 30 LF Construct 6" PCC Curb per Std. Plan 201 @ '1�- s-� 5rX P.//' �a $ S"Cn. $ , *+ �`d CP Per LF 13 66 TON Construct 8" AC over Compacted Native Soil CV Per TON 14 95 LF Construct AC Dike per Caltr. Std. Plan A87 Type B cc a, Per LF 15 1 LS Install Traffic Signal �►� �� $ 8? ab. _ $ 82, off, �' Per LS 16 1 LS Signing & Striping @ u � $ c�� � $ moo. Per LS 0, Project Base Bid Total Amount Bid in Words:A' -,*/ 44 Project Add Alternate The Add Alternate is an integral part of this proposal, and to be responsive, the bidder shall quote a price for the items described below. The City will award the contract on the basis of the Project Base Bid alone. ............. E atit Y. ....................................................... :.:::>.:::::::::::::.:.:..:::::.... ............ ::::::::::::: :::: ::::: ....... ...... fiet Win 8:. Wce:ritefit.:W ...... ............................... .................. .s ::. < ..i Pri ... ... ........ ......... ....................... :::. .IteriiNo.: ..:�x. f.e..n.d.e.d....m....a.n..fis 17 1 LS Construction Survey a. do Per LS 18 1 EA Relocate Palm Tree @_ W-t Tf Q&— s $ 3, cw- ` 00 $ 3, ° .2e.,e� Per EA C-Is 19 100 CY Unclassified Excavation @lie ! $ f 5D. — $ %5/—"- i Per CY 20 1 EA Adjust Manhole to Grade rn iG ! d�vCS Per EA 21 2 EA Adjust Cleanout to Grade @ ., ' c2�7 v S ea, $ �. $ Ga.,,7� ✓y r. �, Per EA 22 30 LF Construct 6" PCC Curb per Std. Plan 201 @ 5�?r,/xciC L�.w•Y/w!sl� v:+ $ (� Q' lie $ Per LF 23 110 LF Construct Longitudinal Gutter per APWA Std. Plan Plan 122-0 @—t $ 00 Per LF 24 50 CY Misc Dirt Fill ar T, ��Zedv e-e� Per CY 25 1 EA Construct PCC Drive Approach (Incl. c&g) per Std. Plan 211 @ O 7--,% ..- ew $ ®� Per EA 26 4137 SF Construct 6.25" PCC with #4 Bars 24" ocew Per SF 27 441 SF Construct 6.25" PCC with #4 Bars 24" ocew & Pattern Stamped per Std. Plan 711 cc eo Per SF COProject Add Alternate $ Total Add Alternate in Words: cs+.3 a dKl-s rr o�✓� C-1s High -Early Strength Alternate Bids for 6.25" PCC The following is an integral part of this proposal, and to be responsive, the bidder shall quote a price for the items described below. The City will award the contract on the basis of the Project Base Bid alone. 26A 4137 SF Construct 6.25" High -Early Strength PCC with #4 Bars 24" ocew @ T"t u-c- lutes $ 12.E $ 6,4 Ze. vCs G-Cw Per SF 27A 441 SF Construct 6.25" High -Early Strength PCC with #4 Bars 24" ocew & Pattern Stamped per Std. Plan 711 @ -14'VA:rz'7Tr Z;6 oa $3Z ^ ao $112—- Per SF Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaires, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. Filename: G:\Construction Contracts (CCs)\CC1264\BID SCHED.xls C-Is 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 9,1.0 /3.0ad in the amount of $ f/ ,X which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government CodeSection 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number' Class yam" By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange CLHZIA.r ��'c�c.i'/� , being first duly sworn, deposes and says that he or she is &ZL's/of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded; conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder S Address of Bidder �2q Subscribed and sworn to before me this '7 day of Mooe-0 , 20-D6 . NOTARY PUBLIC r V 10- COMM tl679663 f-MUMPLIM-r"amm A 9 o ca NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Warner Avenue Fire Station Traffic Signal, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: k, j6. Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE in accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 2/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. Contractor Date: .,J�1;71,0 By -- Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: S'0"-3 rn eT Contractor\ Title Date: 3 - `7 - U 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 _ %%'r,C C'" Akhi S of our office on 3. 3 , 20 o The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Subscribed and sworn to before me this *7 day of A4 A Qe) , 200L. ON M.1 SO No�nr�+c �o�r► +rtr�o..�►�a:aear 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: 5 iihjl rite+ 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: 2. Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 11 1. CITY OF ANAHEINI (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF NLkNHATTAT BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741-5385 $1,052,000.00 S 342,500.00 $ 400,000.00 S 647,700.00 $ 222,000.00 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,'that we NJ3est Ir a -prated as Principal hereinafter called the Principal, and Qxtmctcrs Bmffing aryl I -n a Ompry as Surety, hereinafter called the Surety, are held and firmly bound unto City of Rxtirrjbm Bmd1 as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid Dollars ($10'�0 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Wmmr Awnt e Fire SSt-atim MfaMc agral #1264 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material -furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness ORSC 21328 (5/97) ►':l day of March, 2006 ziurety (Seat) By: Linda D. Coats Mtorney-in-Fact ACKNOWLEDGMENT State of :California County of Orange On 3 -% -o"fil , befpre me Ray E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) [x] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �1579W3 NOWMCOl PU -� WITNESS my hand and official seal COMM �}tx�►6pw.dw+�.�oa� Signatur of Notary M Place Notary Seal Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange personally appeared ® Personally known to me - or - before me, Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER Linda D. Coats �•giLOil CHRISTINE M. RAPP COMM. i 1494518 X �► NOTARY PUBUC-CAUFORNIA X r` ORANGE COUNTY !V �quFdn My Comm Expires JULY 9, 20DO NAME OF SIGNERS) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. V4TNESS my hand and offc�al seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ Li IITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAW OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT I READ CAREFULLY to be used only with the bond spec�fied herein 1. Requested by: Robert Martinez, Public Works Department 2. Date: June 12, 2006 3. Name of contractor/permittee: NOBEST INCORPORATED 4. Description of work to be performed: Warner Avenue Fire Station Traffic Signal Project; CC #1264 5. Value and length of contract: $262 870.00; Thirty days from Notice to Proceed 6. Waiver/modification request: $5 000 each bodily injury and property damage deductibles 7. Reason for request and why it should be granted: Unable to comply with City's zero deductibe policy. 8. Identify the risks to the City in approving this waiver/modification: Minimal Department Head Signature 1. Ri-1, Management Approved ❑ Denied 2. City Attorney's Office , ,121::Approved ❑ Denied 3. City Administrator's Office ❑ Approved ❑ Denied ignature Date: Date ignature Date Signature Date Document3 b/"IZ/Zuub L:dJ:uu rlvl DATE MMIDDNYM ACORQ. CERTIFICATE OF LIABILITY INSURANCE 1 04/25/2006 PRODUCER (949) 852-0909 FAX (949) 852-1131 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION M i I estone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8 Corporate Park, Ste 130 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92606 Catherine Sari ana INSURERS AFFORDING COVERAGE NAIC # INSURED Nobest , I nc . INSURER A: Landmark American Ins. Co. P.O. Box 874 INSURER B: Peerless Insurance Company Westminster, CA 92684 INSURERc: National Union Fire Ins. Co.PA INSURER D: .... ��� INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY LHA128727 10/01 /2005 10/01 /2006 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED MLSFR (F�en,n $ 50 00 MADE FX OCCUR MED EXP (Any one person) $ rj QQQ PERSONAL & ADV INJURY $ 1,000,OQ A B Ded: $5,000 [jfCLAIMS Ded : $5 , 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICYF_j PROECT El LOC J AUTOMOBILE LIABILITY ANY AUTO CBP8072949 10/01 /2005 10/01 /2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS AP D AS PROPERTY DAMAGE (Per accident) $ WIG Z M GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY BE9033995 10/01 /2005 10/01 /2006 EACH OCCURRENCE $ 2,000,000 OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 $ C $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- LIMSjEMPLOYERS' E.L. EACH ACCIDENT $ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $ Leased/Rented Equipment CBP8072949 10/01/2005 10/01/2006 All Risk-100% Coin, Equipment Floater 3% of individual item, $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS e: Warner Avenue Fire Station Traffic Signal Protect The City of Huntington Beach, its agents, officers and employees are added as Additional Insured ith Primary Wording per RSU15001 0903. *Ten Days Notice for Non -Payment of Premium f�G'nTl ff ATLC unl MCn rAKU CI 1 ATIAAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XI4 MAIL C I ty of Huntington Beach * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn : Robert A. Martinez i�1/V/�IGf?IiTJVwAYWA/0�41�ifV1lVliW ARN4IilMMr�47aYY�YV1341aX1�I�v�XX: 2000 Main Street W**"*XM4mxft)k4y4XXXXXXXX: AUTHORIZED REPRESENTATIVE //�► ��( Huntington Beach, CA 92648 Catherine Sari ana/CAS U4 �/0� ACORD 25 (2001108) OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees 2000 Main Street Huntington Beach, Ca. 92648 RE: Warner Avenue Fire Station Traffic Signal Protect Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 10/01/05 forms part of Policy Number LHA128727 issued to Nobest, Inc. by Endorsement No.: RSG 15001 0903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission CERTHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142.-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-25-2006 GROUP: POLICY NUMBER: 6653043-2005 CERTIFICATE ID: 52 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 THE CITY OF HUNTINGTON BEACH SG JOB:WARNER AVENUE FIRE STATION TRAFFIC SIGNAL PROTECT 2000 MAIN ST HUNTINGTON BEACH HUNTINGTON BEACH CA 92648-2702 CA 82648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORI�ZED REPRESENTATI 0PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARRY NODLAND PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - ROBERT NODLAND VICE PRESIDENT SECRETARY - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NOBEST, INC. SG PO BOX 874 WESTMINSTER CA 92684 [B19,SGj (REV.2-05) PRINTED : 04-25-2006 Jun-07-2006 10:45am From-CSIC INSURANCE 949 341 9115 T-385 P.002/002 F-950 STATE 4F CALIFOP 1IA DEPARTMENT OF INSURANCE N9 G 7 �1 4 SAN FRANCISCO Amended Certificate of Authority THIS IS To CFATIFY THAT. PwTi oret ro AV Iatvarrafte Qh* a/ the Skase of Cral rfarysla, Contractors Bondt-ng and insurance Compony oj' Seattle, vashington Iargmridanderdhs laws of Wasbigtgton,sarbitertodrsAr&iwtoflncvrporatraenor athcrftfndatrtchairaorganr�arioraardDCpaMC t$,ithertebyCtahorfudrota1[wactWfthinfleeSwe,subjewto oil piovisiamr o}Frht:s Cerrrlrare, the folio ring chases r4'1acratrtr=. Fire, Marine, Sure Cyr Plate Glass, Litlaility, 5oil,er and Kaacbilnsrys Burglary, Sprinkler, Teats .and Vehicle, Automobile-, Legal, find Miscellaneous QS such eJass.e; are now or may hervOrer br dOMed fit rho Jhmumnce Laws of Ow Stare of Ca*rrtia. THIS CERWICATE is expressly wadiNwied qmn the lathier hereo/'aaaw and hemcrficr bring bp fwd? owmplitnw with ate, arad+wy in vialat m of airy% afthe trppNiczbae laws and lm„fui ra'gaekemenrs made curdtrr 4u0joeiry of the iaws of the Star? of CaLfarttin as long as such lawx or mrluiremenrs rare fm 9161cr and avplic 5k and es sank Paws amd rrgubrrnenrs rraw are. or mV 1wmaf ep- be changea'rrr amended ILYWITNNSS WiiER OE e.facdwasafdre—L8.0-- dayaf 0-1-tobc , . 2004-,Ilmvelrerradaao xet my h4matd seta et wed nary official seal to he affi=41 tiers 28th dayaf aGtober 2008_—_ By Johp GarAm rasww o 1 i� for 'Ida Zodrosi" Os.t-,--Cti i'Depta NCrnM, - Qw&nLaLw %4Lb daa &rrarary QI Stafu mart ba aacwW1ished ali Mgiixrad Card aepaoxr{atmli 4bdc pratgt ly ailcr imwwim ai tWs; Cnliricata of Auftydry Feiaure ac ch Ain. r42.14wRI be it viol waa C ojU Seakm V and ay i be grauods for r4'PGkiFUl.lhle COI&C41c; air Awlxiriry gum=( ro ift cnrfv=als Dead- in Cho aryptfcstion tmerefar and Me; cond6t6aaa camu[ne'd hems http://www.pj6_conl/Statesl2.gif 4/25/2006 4 Jun-07-2006 10:45am From—CBIC INSURANCE 949 341 9115 ADN�� FAX TRANSMISSION COVER SHEET aff INSURANCF Fax number of receiver: Date:�7� _/ Pages Following (not including this cover sheet) Regarding Message: Reply: CI If yes, Plea Very Truly Yours, L6181• :. • • T-385 P.001/002 F-950 Irvine; 111 Pacifica, Suite 350 Irvine, CA 92618 (949)341-9110 (800) 274-CBIC Toll Frcc (949)341-9115 FAX (800) 825-9805 FAX Ibil Free www cbic.coni wwwgocbic.com s ❑ No reply to: surance Company WcF'AXI. M-CA091403 I Company Profile Company Profile CONTRACTORS Page 1 of 2 otri 'n= ONDING AND INSURANCE � COMPANY OBOX9 ATTLE, WA 9 9-0271 - 5-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_EID=6735 6/7/2006 14 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 14, 2006 JOAN L. FLYNN CITY CLERK Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 Attn: Larry Nodland, President Re: CC-1264 — Warner Avenue Fire Station Traffic Signal The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, oan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:fol lowup\cashcont\cashcon-letter.doc (Telephone: 714-536-5227 ) DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full_ 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at (Location) g:fottowup\cashcont\cashcon2.doc procedure #I5 on this day of (Signature of Contractor) , 20_ A PPRO VEp AS TO FORM 4 NjNiFER McGRATH, CityAttm y. ara11�Att., 7.1 f b eputy C City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN IFER McGRATH, City Attomey Sarah Sutton / putt' City Attomey 12 (`� g:followup\cashcont\cashconl .doc procedure #14 `' V RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signingidating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: , ShA Freidenrich, City Treasurer FROM: DATE: SUBJECT: 1 have received the bonds for n , (Co mpany Name) Faithful Performance Bond No. (� Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 4qqy/n&�� Re: Tract No. CC No. zo�& (1Z MSC No. Approved 1 (Cou cil Approifal Date) Agenda Item No. City Clerk Vault No. —,600, S-5' #27 g:/followup/bondletterAm CONTRACTOR (Name and Address): Nobest Incorporated P.O. Box 874 Westminster, CA 92684 CONSTRUCTION CONTRACT Date: Amount: $262,870.00 Bond # CE 4513 Premium: $2,629.00 PERFORMANCE BOND The American Institute of Architects, ALA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SURETY (Name and Principal Puce of Business): Contractors Bonding and Insurance Company l l I Pacifica No. 350 Irvine, CA 92618 Description (Name and Location): Warner Avenue Fire Station Traffic Signal Project: Cash Contract No. 1264 BOND Date (Not earlier than Construction Contract Date):Apnl 26, 2006 Amount: $262,870.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL H None SURETY ❑ See Page 2 Company: (Corporate Seal) Company: (Corporate Seal) Nobest Incorporated Contractors Bonding and Insurance Company Signature: Si nature- aw_�CL Name and Tit N g Nance and Title: Linda D. Coats, Attorney in Fact pAE (Any additional signatures ap r on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- 4 When the Owner has satisfied the conditions of Paragraph 3, the ticipate in conferences as provided in Subparagraph 3.1. Su shall promptly and at the Surety's ex 3 if then; is no Owner Default/ the Surety's obligation under this Bond oY p Ptiy Pan3e take one of the following o shall arise after. actions: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself, through its agents or through independent contractors, or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract arrange for a contract to be tract, but such an agreement shall riot waive the Owner's right, Lf prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default; and with the Ownef s concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractors right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shatIrWbe declared earlier than twenty days Owner the -amount of damages as descnbe- i`n-Paragraph win -- after the Contractor and Surety have @dpoti� t�prFoOvR�d excess of the Balance of the Contrail Price incurred by the Owner in Subparagraph 3.1; and "t rx v Cli resulting from the Contractors default; or ORSC 22119 110-931 Page 1 of 2 /f��NNIFAGRATH, City Attorne, �100y 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor- 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defect tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors- 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page_ 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract_ 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: Address: Name and Title: Signature: ORSC 22119 (10-93) SURETY Company: Address: Name and Title: Signature: (Corporate Seal) Page 2 of 2 ACKNOWLEDGMENT State of : California County of Orange On April 26, 2006 , befpre me Ray E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) • `1 ,.�jt Place Notary Seal Above �j personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Ic CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On APR 26 200 personally appeared ® Personally known to me - or - yes CHRISTINE M. RAPP COMM. # 1494518 X NOTARY PUBUC-CAUFORNIA X ORANGE COUNTY y �11 My C-- Empires .RH.Y 8, 20ft before me, Christine M. Rapp, Notary Public NAME, THE OF OFFICER Linda D. Coats NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ur I IUINIIAL 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. 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OOab Oa0 qa 0°�O°e°oOMrE• 00 O°�IWrA ; VI✓'e aao o e Be9q? tide° CONTRACTOR (Name and Address): Nobest Incorporated P.O. Box 874 Westminster, CA 92684 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: Bond # CE 4513 PAYMENT BOND Premium: Included The American Institute of Architects, AIA Document No- A312 (December, 1984 Edition)- Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): Contractors Bonding and Insurance Company I I I Pacifica No. 350 Irvine, CA 92618 Amount: $262,870.00 Description (Name and Location): Warner Avenue Fire Station Traffic Signal Project: Cash Contract No. 1264 BOND Date (Not earlier than Construction Contract Date):April 26, 2006 Amount: $262,870.00 Modifications to this Bond: N None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Nobest Incorporated Contractors Bonding and Insurance Company Signature: Signatu hX\a— Name and Ti �,"-J Name and Title: Linda D. Coats, Attorney in Fact (FOR INFORMATION ONLY —Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, Gen or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due- - - - 4 The Surety shall have no obligation to Claimants under this Bond until: 4-1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing -a copy of the previous written notice furnished to the Contractor. ORIC 22114 (7-93) jA2PROVED AS O FORM: Page 1 of 2 JgXNIFER MG F-AT11, C.tyAttomey 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any coats or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made_ 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: _ Name and Title: Address: Page 2 of 2 (Corporate Seal) ACKNOWLEDGMENT State of :California County of Orange On April 26, 2006 , befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) personally known to me [ ] 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 KqY signature(s) on the instrument the person(s), v comm. #t1579663 or the entity upon behalf of which the A NWMYPU" OPAMM COU#M "4 person(s) acted, executed the instrument. �;%c�►r�..�.»,s.zaoa WITNESS my hand and official seal k�,f A -�,Iyzaaw Sig na re o Not is Place Notary Seal Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On APR 2 6 2= personally appeared ® Personally known to me - or - El aUicR►"� CHR Vm; M. RAPP COMM. # 1494518 X NOTARY PUBUC•CALIFORNIA Cn ORANGE COUNTY My Comm Expires JULY 9, 2M before me, Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER Linda A Coats NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT I PQvu T, 2067 y yepe oo Off. 1 p9�e n>, a Poegae F. C F I VF 2006 APR 1 I Am 8: 56 ;1°'t y Council/Agency Meeting Held: Deferred/Continued to: YApproved ❑ Conditionally Approved ❑ Denied . City Clerk's Signat Council Meeting Date: 4/17/2006 Department ID Number: PW 06-014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYO N COUNCIL MEMBERS SUBMITTED BY: POP CULBRETH- RA ITY INI TRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DI CT R OF U LIC WORKS DUANE OLSON, FIRE CHI F SUBJECT: Award Warner Avenue Fire Station Traffic Signal, CC-1264 Fstaternerit of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The project was advertised and one bid was received on March 7, 2006. Staff recommends the award to Nobest, Inc., as the lowest responsive and responsible bidder for the contract. Funding Source: Total project costs are estimated to be $340,000. Funds in the amount of $235,000 are available in the Traffic Impact Fee Fund, Traffic Signals (20690007.82700) and funds in the amount of $105,000 are available in the Fire Department's Capital Improvement Program for Fire Station Renovation (10065203.64355, 10065203.82200 and 50265402.82200). The engineer's estimate for construction was $270,000, which includes the purchase of equipment, but not inspection, contingencies and supplemental expenses. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Traffic Signal at the Warner Avenue Fire Station, CC-1264; 2. Accept the responsive and responsible bid submitted by Nobest, Inc. in the amount of $262,870; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Authorize the Director of Public Works to reject the bid and re - advertise the project. �-s REQUEST FOR ACTION MEETING DATE: 4/17/2006 DEPARTMENT ID NUMBER:PW 06-014 Analysis: One bid was received for the project; and opened on March 7, 2006. Nobest, Inc., submitted a bid amount of $262,870. Total project costs are estimated to be $340,000, with $235,000 ($168,852 bid, $50,000 equipment, $13,000 inspection, and $3,000 supplementals) for the traffic signal improvements and $105,000 ($94,018 bid, $7,000 inspection, and $2,000 supplementals) for the on -site fire station improvements. Public Works and the Fire Department have reviewed the bid and have determined that the unit prices that the contractor has submitted are competitive based on a comparison of similar bid items on other recent projects. The recommended full operation signal would provide standard signal indications for the fire station and the adjacent parking lot driveway traffic north of the intersection and incorporate the driveway for the Bolsa Chica Interpretive Center to the south. Interpretive Center traffic will be controlled by standard traffic signal indications. Appropriate communication connections have been included in the project to facilitate coordination of the traffic signal operations with the Caltrans controlled traffic signal at the intersection of Pacific Coast Highway and Warner Avenue. The traffic signal improvements have been funded using the Traffic Impact Fee Fund. Adequate funds have been budgeted to accommodate the traffic signal portion of this project. Funds for the fire station improvements have been budgeted from the Fire Department's Fire Station Renovation Program. The majority of the work is the removal and replacement of the deteriorating concrete slab adjacent to the fire station. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): G:\R C A\2006\06-014 Apr 17 Stachelski (Award Warner Ave Fire Station).doc -2- 402006 8:10 AM ATTACHMENT #1 CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING WARNER AVENUE FIRE STATION TRAFFIC SIGNAL ATTACHMENT IGLV CC-1264 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Warner Avenue Fire Station Improvements COUNCIL MEETING DATE: Aril 17, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attome ( pP Y Y Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ®' ❑ Bonds (If applicable) Attached Not Applicable ❑Vr Staff Report (If applicable) Attached Not Ap licable ❑ Commission, Board or Committee Report If applicable) p ( pp ) Attached Not Applicable ❑ Find in s/Conditions for Approval and/or Denial g pP Attached Not Appl!cable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (initial) ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Stachelski 3 Ong l f'C oq2--7z Engineer's Estimate: $ - BID LIST 110 00 -*Z 14J L- 8VW 9DOZ Cj 3 A 3 � LJ /60 /06 SECTION A -)ii6,/0L NOTICE INVITING SEALED BIDS a 3 A. /0 for the Warner Avenue Fire Station Traffic Signal CASH CONTRACT No. 1264 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on March 7, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 02/14/06 TUE 11:48 FAX 949 646 5008 DAILY PILOT-LGL DEPT 9001 Ad Copr. SECTION A NOTICE INIf ITING SEALED BIDS for the WarlifirAvenue Fire Stafian Traffic Signal CASH CONTRACT Na. 1254 in the CITY OF HUNT'INGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, 1 invites sealed bids for 1 the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 206. on March 7, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefund- able fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Hun- --- ad proof pg.1 --- PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: FEBRUARY 09,16,23,2006 MARCH 02,2006 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MARCH 02.,2006 at Costa Mesa, California. Signature__ U ,, smv�_-, M20-A, RPM, in the CITY OF ` _+, RUNTMOTON (EACH PuRirle NAYirr tx. BEACH, as AGENCY, - 00 invites sealed bids for ti Tf the above- stated projects and will receive duo such bidsin _the office-,fror of the City Clerk, Second Floor, 2000 Main Street, may Huntington Beach, Cali- cros fornia 92648, up to -the equ hour of - 2.00 pnt on rete March 7, 2m. Bids will Witt be `publicly open in the the:. Council Chambers unless 459 otherwise posted. Copies of the Plans, shall 8pectfications, and, of t Street:, H tinE,tp that Beach, CA 9 n enti ayment of a dd affol :fee Ji" to: s pi It # to payment, spon Of a bortr"efund• and., able mailed vin crim` G Ssfn a,. thell FedEx,` ar eny oihex vatic delivetiysefltiC sex, Any contr ,ranter ' cons into pursuant tD th the a notice will incorporate No the provisions of the sidel State' Labor Code. Pur Prepi bstitute an es alder,.surety of. value to the i in accordaricg- Ir ProYjsiohS Ff ifornla Govern-i ;ode;- Gect�on 'he Gonttacior �enefioial owner tirety and shad any: interest. GEWY hereb ivajy , ensurds ton bnsitss; jsea . w0l, tie; full opportunity `it bids in re - to this notice` I not be dis- ,d lagamst , an 0 of race, color, origin; ancestry, religion in .any ition leading to d of contract. shall be con unless it is on;: the ap- The bid: must be ac- companied by a certified" ,h.,�h.,C Payable to the AGENCY for an amount no Ie than 10% of the amol bid. The success i bidder shall be licensed, in accordance with: provisions of the Busi--] ness; and Professions -Code,andshall possess a "State:. Contractor's ` License :Class it the time of the: bid opening. The successfut "Con tractor. and his sub cohtractors will , be required to possess fiusiness; licenses :from the AGENCY; The'AGENCY reserves" the right. W,,rirtect, any 'o all bids, to miiive"any. irregularity and`: to'.take all bids undar " adyisaa = ment for a maximum, period Of. 60, xtays, Attest /s/loan L. Flynn CITY CLERK OF THE CITY OF 'HUNTINGTON ,BEACH Publisher! :. +Iu dt i ngt an Beach" Independent February 9 16, 23,; 2006, March i, 2006 022-887 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, -County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: FEBRUARY 09,16,23,2006 MARCH 02,2006 declare, under penalty of perjury, that the foregoing is true and correct. Executed on MARCH 02, 2006 at Costa Mesa, California. SignatureMAN $MWA u#:tom Labur of th ttfalifornur, th for thef n4i1lYern prsaadfg rat par ilierh..; fa FU9 9R craft cfassifioa or of A wodtdRa . . needed to axecut@#1 � ASH_ Tg�+ contract shriff,be, 40oa determfRed by` th iAe CITY OF f)ke ar �e � h4w, HNTOGTON BEACH i C I , ehk Sty wttieh i4 PU LIC NOTICE IS' taliforna, e alt the Office ofith HEREBY GIVEN' that the @ist�r of Public CITY Of HUNTINGTON 000 Mehl' Street; Ilsiti BEACH, as AGENCY, tin glonBeach CA invites sealed bids' for The AGENCY will dri the above stated duct a 10% retenNii projects and will receive from all progress pay such bids in the office menu , The;.f ontractO of the City Clerk, Second may substitute an es Floor, 2066 Main,Street, crow holder `surety c Huntington Beach; Cali-, fornia 92648, up to -the' equal 'value to, th retention in aci;Ordanc hour of 2:00 pm, on With the provisions g Aarcty 71 2006. Elide will the Cahfr rple GoVarp be publicly, open in the merit Cede,` Sectio Council Chambers unless 4590. .The Contracto otherwise posted. Copies , of the Mans, shall be beneficial,o°lie of tfre sprety and sha Spe6fj ations, 'and cdattact documehts are receive, any interes thereon, avaimble from the Offlce The AGENCY t+ereb Street,H nttriatori Beach,iCA on Pay riient' of, a $35,,; nonrefundake fee if picked up, or payment of a $50.00 nomefund- ablle\ f ' iletF via FedEx, W a4y Villier deliv�rY - Any" oagf*I e011*W into pW*6aht to Vie notice will ineoGporate the provisions of the State tabor Code. Pur- Ruant'to the provisions enterprises will be afforded full opportunity., to ;zubmit bids in re- sponse to this notice add will 'Rot be dis crimiripted against on .the-ffasis of race, color, natidi►gI origin, ancestry, sex, or religion in any'' consideration leading to the award of contract. No bid shall be con- sidered- unless it is prepared on the, ap-{ proved, Proposal forms.' The bid must be . ac-1 companied by a certified' check, cashier's check,; or bidder's bond' made payable to the AGENCY for an amount -no less', than 10%'of the amount' bid. The successful bidder shall be licensed" in accorjdaimce with provisipns ;of the Busi- ness and Professions Code and shall possess; a State Centractor'si License Class at the! tars will ,b4 I to ,posses: licenses 4 fron ICY._ the.'r or all ment'for.a maximum' period of 60 days Attest: /sl loan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON' BEACH Published Huntington Beach' Independent February, -9, 16, 23, 2006, March, 2; 2006 022,887 02/14/06 TUE 11:50 FAX 949 646 5008 DAILY PILOT-LGL DEPT Q 002 Daily Pilot UPW Daily Pilot nn y: Id . e e n am HIIB�l� a Salesperson: H,Bil Phone: Ad#25892673 go eac , The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provisions of the California Gov- ernment Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enter- priseswill be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certi- fied check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's Li- cense Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days Attest: /s/Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent Feb- ruary 9, 16, 23, 2006, March 2, 2006 022-887 --- ad proof pg. 2 --- 4 Council/Agency Meeting Held: Deferred/Continued to: *Approved ❑ Conditionally Approved ❑ Denied City ler 's gn u e Council Meeting Date: March 21, 2005 Department 1 umber: PW 05-013 CITY OF HUNTINGTON BEACH == REQUEST FOR CITY COUNCIL ACTION 4' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - SUBMITTED BY: PENE PE CUL RETH-GRAFT, CITY ADMINISTRATOR ' 4REPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS;` SUBJECT: Authorize Warner Avenue Fire Station Traffic Signal, CC-1264 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: A new capital improvement project to convert the existing fire signal at the Warner Avenue Fire Station to a full function traffic signal has been identified. City Council authorization to begin design and construction in the current fiscal year is necessary. Funding Source: Funds in the amount of $150,000 are available in the Traffic Impact Fee Fund, Traffic Signals (20690007.82700). Recommended Action: Motion to: 1. Amend the Capital Improvement Program for Fiscal Year 2004/2005 to add the Warner Avenue Fire Station Traffic Signal, CC-1264; and 2. Upon finalization of the project plans and specifications, authorize the Director of Public Works to request public bids for the construction of the Warner Avenue Fire Station Traffic Signal, CC-1264. Alternative Action(s): Reject the recommended action and recommend an alternative action. LU��A�A- REQUEST FOR ACTION MEETING DATE: March 21, 2005 DEPARTMENT ID NUMBER:PW 05-013 Analysis: The proposed full function traffic signal will replace the existing flashing -lights - only traffic signal that primarily provides emergency exits for the Warner Avenue Fire Station. Over the years, Warner Avenue near Pacific Coast Highway has experienced significant increases in traffic volume and travel speeds. The Fire Department has noted that motorists may be confused by the existing signal operation and either stop unnecessarily for a flashing yellow indication or fail to stop for the red indication. This confusion, combined with relatively high traffic speeds, has led staff to reconsider the appropriateness of the existing installation. The recommended full operation signal would provide standard signal indications for the fire station and the adjacent parking lot driveway traffic north of the intersection and incorporate the driveway for the Interpretive Center to the south. The City is pursuing an easement over a portion of the Interpretive Center driveway that would allow the installation of appropriate equipment to complete the signal and provide a legal right to enter the property for maintenance. The project will provide a conventional signal operation and include supplemental signing to help reduce the likelihood of motorist confusion. The project will also help Interpretive Center visitors enter and exit the site. This project is not considered to be a new traffic signal, but rather an upgrade of the existing signal. As a result, it is not included in the Traffic Signal Priority List Analysis and would not lend itself to the same type of priority analysis. However, due to the public safety implications of providing egress from the fire station, staff in Public Works and the Fire Department believe it should be considered a high priority project, warranting expediting an amendment of the Capital Improvement Program. Construction would be scheduled for Summer 2005. The Traffic Impact Fee Fund is an appropriate funding source for this project since the primary need for the upgrade stems from substantial traffic volume increases on Warner Avenue since the initial installation. Adequate funds have been budgeted to accommodate this project. Public Works Commission Action: The Public Works Commission unanimously recommended the project at their February 16, 2005 meeting. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): GAR C A\2005\05-013 March 21 Kato (Warner Fire Station Traffic Signal).doc -2- 3/2/2005 5:15 PM ATTACHMENT #1 r.m CITY OF HUNTINGTON BEACH * PUBLIC WORKS *. TRAFFIC ENGINEERING WARNER AVENUE FIRE STATION TRAFFIC SIGNAL ATTACHMENT VOW CC-1264 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Warner Avenue Fire Station Traffic Signal, CC-1264 COUNCIL MEETING DATE: March 21, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne ( pp y Y Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbud et, over $5,000) Attached Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report If applicable) p ( Pp ) Attached Not Applicable ❑ Find in s/Conditions for A roval and/or Denial g pp Attached Not Ap licable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED Administrative Staff Assistant City Administrator (Initial City Administrator (Initial) Citv Clerk RCA Author: Kato x5214