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Ruiz Engineering Company - 2005-06-20
City g of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth, Contract Administrator DATE: March 27, 2006 SUBJECT: Retention Release Payment Company Name: Ruiz Engineeering Company Address: P.O. Box 4177 City, State and Zip Code: Long Beach, CA 90804 Phone Number: (562)439-3070 Business License Number:A 260092 Local Address: N/A Notice of Completion Date:February 26,2006 Contract Purpose: Retention Release for MSC 426,Various Residential Overlays The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subje t at this time. 3/14Q�o Date obert F. Beardsley, Public Wor irector I certify that there are no outstanding invoices on file. 3/a1/0 g Date reidenrich, 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. Date Joan Flynn, City Jerk 426 retention release memo 3/27/06 1:09 PM DECLARATION OF SATISFACTION OF CLAIMS CIO 7 Ii / / 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 -7—Z 7-e25 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") I declare under.penalty of perjury that.the foregoing is.true and correct. Executed at Lon q " A on this��day of ebrt)�t r , 24-02(0 (Location) V (Si ature of Contractor) , ,Q L�t)o F3, i'W i z APPROVED) S TO FO ;E NTFER McGRATH,C .Attorney gJoIIcwup\cashcont\cashcon2.doc "Suttoa 21 procedure#15 -Puty City Attorney I r City of Huntington Beach Department of Public Works , Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on i M SG Yab d er) b G f 6->� fs oUP r 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. Sig naruA atfd Title NL-00 B Z pe cuhconl .,h�7^L..L' i •1'•r tits'. ... RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treas er FROM: ? CSC DATE: 6 SUBJECT: Bond Acceptance I have received the bonds for k1j 6 (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No.Maintenance Bond No. log ap 93 Re: Tract No. CC No. MSC No. Approved /103—Agenda Item No. (Councii A rovat ate) City Clerk Vault No. #27 gafollowup/bondlettwAoc Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE,MD. 21203 BOND NO. 08813893 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: That__RUIZ ENGINEERING-COMPANY ---------------------------- - - --- -- as Principal,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation organized under the laws of the State of Maryland 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 ------------------------------------------------------ ---------------------------------------------------------------------------------------------- ONE MILLION SIX HUNDRED NINETYONE THOUSAND THREE HUNDRED SIXTYO V�l�TD 00/100* 1n the sum of*ONE ---------------------------------------------- ars, lawful money of the UnitedlStates 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...14 th -day of-_�CH____-_ - _- ZQ06 WHEREAS, on the--------------------------1st_day of---JULY---------------------W10_Q� the said.....RUIZ ENGINEERING COMPANY - as contractor, entered into a contract for the_-CORMUCTLQN_IMPROVEMENTS_______________________, work required in the construction of the_ASPHALT--QV F,KAYS-VARLOUS RESIDENTIAL -STREETS----- for the sum of $1,549-,Ra8.00; and WHEREAS, under the terms of the specifications for said work, the said_________________________ ----______RUIZ ENGINEERING COMPANY---------------is required to give a bond equal to_DRE_hUNDRED per cent of the amount of the contract to protect the_CITY-OF HUNTINGTON_BEACH ------------------- against the result of faulty materials or workmanship for a period of_ONE_YES ----------------------- from and after the date of the completion and acceptance of same, namely, until_-MARCH-14-----t9L2.007 NOW, THEREFORE, if the said___ RUIZ_ ENGINEERING --COMPANY ---------- ----------------------------------- shall for a period of---ONE YEAR------------------------from and after the date of the completion and acceptance of same by said__-RUIZ-ENGINEERING-COMPANY ----------------------------------------------- replace any 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. RUIZ-ENGI EERING_COMPA ------(SEAL) BY ---------- ----------(SEAL) FIDELITY AND DEPOSIT CO RY ND 'By-- ------------------- - ------------------ M CHAEL A. QU Y ttorney-in-Fact Attest:------------------------------------------ Agent C4048(CA)500,10-78 206506 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J. MILLS,Vice President,and ERIC D.BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hie are nominate,constitute and appoint Michael A.QUIGLEY,of Laguna Beach;California, itsv nt orney-in-Fact,to make, execute, seal and deliver, for,and on its behalf as surety,and a its an �' �d undertakings,and the execution of such bonds or undertakings in purs ent soh b upon said Company,as fully and amply,to all intents and purposes,as `dul l h ktnawledged by the regularly elected officers P rP Y r� of the Company at its office inn�eic 1 ��g�p 'k6ns. This power of attorney revokes that issued on behalf of Michael A,-,Q j Y,bael=' �that the extract set forth on the reverse side hereof is a true The said Assistant�c 44 v � copy of Article VI, Section 2,of the By-La C' any,and is now in force. IN WITNESS WI' R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '.s0 DEPps�i 0 �Mwta 'C/u/ 1 By: Eric D. Barnes Assistant Secretary William.J. Mills Vice President State of Maryland I ss: City of Baltimore On this i 7th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ottilt��,` Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors-or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and-Attorneys-in-Fact as the business of the Company-may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to.affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Boar&of Directors to appoint any Attorney=in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14th day of March 2006 Assistant Secretanv CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California - ! County of ORANGE ss. On March 14, 2006 , before me, MEG QUIGLEY, NOTARY PUBLIC , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared MICHAEL A. QUIGLEY Name(s)of signers) ( X1 personally known to me 0 proved to me on the basis of satisfactory MEG QUIGLEY evidence COMM. #1461771 D to0- my to be the person( ) whose nameO is/; ( tLNotary Public California cn subscribed to the within instrument and 4ORANGE COUNTY Comm.Expires) lo,2008 acknowledged to me that fie/Wxx2W executed the same _ in hiss authorized capacity(i , and that by his/MgMtKft (' signature(8)on the instrument the person(*),or I the entity upon beh which the person(g) ( acted, execut a ins;py nt. ( ( W T m nd a d offici I seal. 1. Place Notary Seal Above si a of Notary ( OPTIONAL - - Though the information below is not required bylaw,it may prove luable to perso Ihe doc ent and could prevent fraudulent removal and reattachment f this form to ano er docum nt - Description of Attached Document ( Tide or Type of Document: Document Date: Number of Pages: I Signer(s)Other Than Named Above: i r Capacity(ies) Claimed by Signer Signer's Name: ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General 1 ❑ Attorney in Fact ( ❑ Trustee ❑ Guardian or Conservator ( ❑ Other: i ( Signer Is Representing: _. r r 019"National Notary Association•M50 De Soto Ave.,P_O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotaryorg Prod.No,5907 Reorder-call ToYFree 1-810-876-6827 } :— �t ..i1G-.1 �• � j. � of t� t� i '`t 1 t - i.! �. ■ {. ! ri .! • t:l:4. t' �':I,�.'1 Y„}jt 'i.>' ►`: t ;1 C; � Yr: 1 M I i ( 1 !• t • t�! \ Yt I tla It i.l tiI S.h :f \� tit � 4 tti 1 / 1 1':'•' � f t {- ! -i ;{ i _ f ! i I ♦ !(r� i (} 41 11 i l� { t� t 1 CONSENT OF SURETY COMPANY OWNER ❑ TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER TO OWNER: ARCHITECT'S PROJECT NO.: MSC-426 (Name and address) - CITY OF HUNTINGTON BEACH CONTRACTFOR: ASPHALT OVERLAYS VARIOUS 2000 MAIN STREET RESIDENTIAL STREETS HUNTINGTON BEACH,CA 92648 PROJECT: CONTRACT DATED: JULY 1, 2005 (Name and address) VARIOUS RESIDENTIAL OVERLAYS MSC-426 BOND NO. 08813893 in accordance with the provisions of the Contract between the owner and the Contractor as indicated above, Fidelity and Deposit Company of Maryland 801 N. BRAND BLVD. GLENDALE,CA 91203 SURETY, on bond of (Insert name and address of Contractor) RUIZ ENGINEERING COMPANY P.O. BOX 4177 LONG BEACH,CA 90804 CONTRACTOR, hereby approves of the final payment to the Contractor and agrees that final payment to the Contractor shall not relieve the Surety Company of any obligations to (Insert name and address o/Owner) CITY OF HUNTINGTON BEACH OWNER, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: MARCH 14, 2006 Fidelity an pany of Maryland By: _ MICHAEL A. QUIGLEY, TT RNEY--IN--FACT Attest: (Seal): Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company.,, Ware set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hie dust by nominate,constitute and appoint Michael A.QUIGLEY,of Laguna Beach,California, its � i'._ b nt an�� orney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety,and a,_A d. an!• 0� i d undertakings,and the execution of such bonds or undertakings in purs � 'd�6ts"sh >#rfig upon said Company,as fully and amply,to all intents and purposes,as4,,tduly pxec qt" kyr6wledged by the regularly elected officers of the Company at its office in �' neixp �ns. This power of attorney revokes that issued on Q'W 1'� � behalf of Michael A.91�Y, Jul l 1 The said Assistant�S c ar�dotity hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Lti)y � fjGov� driy,.and is now in force. IN WITNESS WA ER OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �o oeros� P f 0 O By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland I ss: City of Baltimore On this l7th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14th day of March 2006 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ) County of ORANGE I On March 14, 2006 before me, MEG QUIGLEY, NOTARY PUBLIC , Date Name and Tale of Officer(e.g.,"Jane Doe,Notary Public'l r personally appeared MICH"L A. QUIGLEY Name(s)of Signer(s) X1 personally known to me ( ❑ proved to me on the basis of satisfactory I evidence r (< MEG QUIGLEY to be the person( whose names) is/iW ( in COMM.#1461771 ac s Notary Public E✓alifornia M subscribed to the within instrument and i' ORANGE COUNTY acknowledged to me that he/ executed MyComrn,6xplrll anal Ib,tilo8 the same in his9HxXM& authorized capacity(i ), and that by his/kHolbft signature(l) on the instrument the person(g), or the entity upon behalf of which the person(p) i acted, execut ent. WILT E S and d offi 'Ase I Place Notary Seat Above tur PV\ ublic I I OPTIONAL Though the information below is not required by law, it may prove v uable to perso relyi a docu ent and could prevent fraudulent removal and reattachment this form to ano er ocument, i` Description of Attached Document Title or Type of Document: Document Date: Number of Pages: t ( Signer(s) Other Than Named Above: _ ( Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual . t, Top of thumb here ( ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑ General i ❑ Attorney in Fact ( ❑ Trustee I ❑ Guardian or Conservator ( ❑ Other: Signer Is Representing: i ( l 01999 National Notary Association•M50 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•w .nafionalnotaryorg Prod.No.5907 Reorder.Call Tog-Free 143MS76-6827 Company Profile Page 1 of 2 Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 39306 NAIC Group#: 0212 California Company ID #: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://cdinswww.insurance.ca.gov/pls/wu_co�rof/idb_co�rof utl.get_co�rof?p_EID=6... 3/27/2006 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION 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-December 13,2005 09:17 PM Copyright©California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proVp_EID=6... 3/27/2006 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RUIZ ENGINEERING COMPANY FOR ASPHALT OVERLAY ON VARIOUS CITY STREETS THIS AGREEMENT ("Agreement") made and entered into by and between the City" of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RUIZ ENGINEERING, a California general partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as asphalt overlay and general repair of approximately one hundred twelve streets in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the 05agree/Ruiz Eng I 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 full familiar with all the terms g Y conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 05agree/Ruiz Eng 2 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 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 05agree/Ruiz Eng 3 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Million Five Hundred Fort Nine Thousand Eight Hundred Thirty Seven Dollars and Nine Y g Y h' Cents ($1,549,837.90), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed i a diligently e R E T y o eed is sued and dingen y th P OJ C to completion within sixty (60) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that 05agree/Ruiz Bng 4 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. 05agree/Ruiz Eng 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace 05agree[Ruiz Eng the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTORS 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 an and all payment of all p p Y p Ym 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 Five Hundred Dollars ($500.00)per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY 05agree/Ruiz Eng 7 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 05agree/Ruiz Eng 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. 05agree/Ruiz Eng 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 05agree/Ruiz Eng 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 ownershipand receive interest if an thereon CITY shall permit the � y substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 05agree/Ruiz Eng 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 05agree/Ruiz Eng 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 coverage which 05agree/Ruiz Eng 13 may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, 05agree/Ruiz Eng 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 g g shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 05agree/Ruiz Eng 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 1/2 %) 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 no 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. 05agree/Ruiz Eng 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 heremabove) 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: TO CONTRACTOR: City of Huntington Beach Aldo Ruiz ATTN: Director of Public Works Ruiz Engineering Company 2000 Main Street 1344 Temple Avenue Huntington Beach, CA 92648 Long Beach, CA 90804 05agree/Ruiz Eng 17 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 p p 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 parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 05agree/Ruiz Eng 18 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, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 05agree/Ruiz Eng 19 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 armrs 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 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 05agree/Ruiz Eng 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers '..J O�T,/ 7 2005, RUIZ ENGINEERING, a California eral CITY OF HUNTINGTON BEACH, a partnership, municipal corporation of the State of California By ®' do Auiz, General Partner AOTA M REVIEWED AND APPROVE , : ity Cler APPROVED AS TO FORM: Cify Administrator *City A torneyg(o INITIAT DAP RO ED: Director o lic Works 05agree/Ruiz Eng 21 SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY AT.12' MAINTENANCE SERVICE CONTRACT #426 , in the CITY OF HUNTINGTON BEACH TO THE< HONORABLE MAYOR AND I 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 sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this p is based upon careful examination of the work site, plans, proposal 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 18. Addenda 1 The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19.Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid'opening. ' (b)'' All other'protests must be'filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar,days after`the ' date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents i.e. plans, specifications, contract documents, bid forms, Q g g ( P P etc.) will be received by the Project Manager up to five working days prior to the bid opening as ' specified in SECTION A. Questions asked of the Project'Manager after this time will not be addressed. 1 B-s 7f 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.' s Accompanyingthis ro proposal of bid find in the amount of$ p P , said amount is,not less than 10%o of the aggregate of the total bid price, as req red 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 I C-2 a Bid Schedule am dommummem- Cold Plane ' 1 724,585 S.F. at / per S.F,. Furnish and Install Petromat 2 2,663,961 S.F. at og�i� per S.F. C Fu;�aF-�_ d Install Asnhalt at .12' 3 23,976 Ton atou - vn-per Ton , Adjust WatprVaves t Gra e r 4 375 EA at ' �_ Each Adjust Ma holes to Gradev e, ' 5 295 EA perEach J v Prepare Pre-Construction Corner Record and File with A ro ri to Agencies ' 6 177 EA at dne �.A1 per Each Prepare Post-Construction Corner Record and File w=leveA iate Agencies 7 223 EA at O-x e per Each Total Bid Amount in Figures sly T3- ' . o t Total Bid Amount in Words C-2s ' LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and ' business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of ' the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Glass o Work Number ' z �1 w�e.�r .a 5 � 3 tBy 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. t C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County ofAQ;aage Zo s, .one being first duly sworn, deposes and says that he or she is GC'Y »of of 21)i4h.c �lneP» (a c the party making the foregoing bid that the bid is not made in the interest` f, 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 Bid er I�'Signa e of Bidder Al CC4 Address of Bidder Subscribed and sworn to before me this Z day of J0 Y)e , 20 LILIAN A, RUIZ comM&#I:s9 , NOTARY PUBLIC-CAUEORNIA LOS ANGELES COUNTY () COMM.EXP.APRIL 17,2W8�i NOTARY PUBLIC ✓' NOTARY SEAL t C-4 ' UTILITY AGREEMENT ' HONORABLE MAYOR AND CITY D COUNCIL UNCIL 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 VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY ' AT .12' MAINTENANCE SERVICE CONTRACT#426,(I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined,to work in proximity to any electrical secondary or ' transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: ' "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall,be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By/if 1 r ' Title Date: ' C-5 DISQUALIFICATION UESTIONNAIRE Y Q Q 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? 0 Yes t No If the answer is yes, explain the circumstances in the space provided. , i 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. ' fl ip e:-AJ 6,1 Aje7U A G <' Contractor 1 By 1 �r �l Title Date: .Q C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. ' Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. ' Dig Alert Identification Number: ' Contractor By Title Date: Note: This form is required for every Dig'Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 , • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ' Bidder Name i P/e nue Business Address �Eu CA q0 f City, State Zip ' Telephone Number State Contractor's License No. and Class ' Original Date Issued 0 -�.. 0 ' Expiration Date ' The work site was inspected by Alk 2c. 7— of our office on 6-4--aUN' , 20 . The followingare persons, firms and corporations having a principal interest in this proposal: P iP g P P P P CO tnCjinee wn! 1 W Jy ►4( a fUij z Jam i 1 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: 'I Z- Ck C N - iLt A-) Co Company 7114 , Signatur Bidder ' Ido 47 c I ` Printed or Typed Signature ' Subscribed and sworn to before me this Zh�day of .._ one LI=�MJU IZ;a+• NOTAORNIA 0011 LOSUNTY 8(�NOTARY PUBLICCOM7,2608.. NOTARY SEAL ' Listed below are the names, address and telephone numbers for ee public agencies for which the bidder has performed similar work within the past two years: � G �� 1 'Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed ' 2. Name and Address of Public Agency ' Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency ' Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed ' C-10 e RtAZ EMBI CO. 1344 TO»pte Ave,PML Boot 417}, L=9 BGwk CA 9D8t14 JOB ACES OWNER JOB AMOUNT DATE City of Cerritos Strut $365,000 Nov.2001 18125 Bloomfield Ave., Improvetts Cerritos,CA.90M #148"1 IV (562)916-1231. (864-01) City of Cerritos residential St $741,000 June 2002 Improvements # 1488-01-VI (845-01) City of Cerritos Const.Of St $ 118,000 Sep.2002 Improve.In Crusader Ave. (1310) City of Cerritos Residential St. $541,000 Jan. 2003 Improvements (1488-02-M) City of Cerritos Edwards and $290,000 Apr.2003 Arbor Place (1367) L.A.County,8tb floor Road $536,000 Jan.2002 900 S.Fremont Ave. Div.233 A Alhambra,CA.901803 (RMD 3267071) (626)458-3146 L.A.County Woodruff Ave $ 69,000 July 2002 Public Work Dept. RDC0013381 L.A.County Tuna Canyon $283,000 Feb.2003 Public Work Dept. Road (RUC 0012341) JOB REFERENCES OWNER JOB AMOUNT DATE City of Monterey Park Ynez Ave.And $58,898 Apr.20003 320 W.Newmark Ave. Mcpherrin Ave. Monterey Park,CA.91754 Improvements (626)307.1320 (Specs: 714) City of Rancho Cucamanga 2002/2003 $6i44,789 Apr.2003 10500 Civic Center Dr. Local Street Rancho Cucamanga,CA.91730 Rehabilitation (909)477 2740 Ezt.4057 (800-2003-03) of Cypress Residential St. $297,000 Apr.2003 5275 Orange Avenue Phase I Cypress,CA.90630 (2002-47) (714)229-6747 City of Lang Beach South Street $ 111,500 Dec.2003 333 W.Mean Blvd. (1"583) Long Beach,CA.90M (562)570-5160 Cityof Covina Rmufac' $ 398 900 Dec.2003 � 125 E.College Street various Covina,CA. 91723 Residential St. (626)85&7253 (P-0310) City of Thousand Oaks Asphalt Concrete $ 74,000 Jan.2004 2100 Thousand Oaks Street Overlay Thousand Oaks,CA.91362 (Cl 4356-Specification No.2003/2004-11) (805)449-24332 FidelityDeposit Company of Male. BiD Bow ]MOW ALL?AM Iff FAWWMt dVt RUIZ ENGINEERING COMPANY as Principal,bcremaafxr called the Princ#=l,and Fidelity and Deposit Company of bdaryt-md,a carporati=duty arzszed ixn er-die laws of the State of3da ry3aaod,as Suety hereinafter called Surety,are beid and fnmY bomd ammo CITY OF HUNTINGTON BEACH as Obligee,herchubw called Obligee,in the snmof ***TEN PERCENT OF AMOUNT BID*** D0j1w3,(XXXXXxxx3rx=j w ( 10 97 percent of the amomrt hlc3,vvbdehev+c is lrss, fax-the payment of which sum well aid truly to be made,the said Principal and the said Surety,bind ourselves,our peas, ese=tars,admmn=A=z,succasors and amgns,lowdy and severally,firmly by these preseat& - WMREAS,the Principal lies s!d%mitt:d a bid for "VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY AT 12"' NOW,TORE,if the Obligee shall accept the bid of the Fnnc kml and the P=cr*shalt eater inm a Conhadw&the OhQw is - accordance with the terms ofsu oh:bid,and give such band or bonds as may be specMed in the bidding uico trad Dates acdh good and sufficient surly 8or the hWx@ui pedb===of such Con ftm:t aid fa r the p tuapt paymmt oflabo r and mahaai fimmisbcd.in the - prosemtkm thereat;or in the event of the fa>lnre of the Pn=pal m eater such Contrad and give sack hand or bonds,ifthe Principal shall pay to the Obligee the di ffmc=isot to exceed the penalty b etco fbetw en the amount speofflAd in said bid and suds larger amountfwvvhich the Obligee may in good hith coahad with another panty to perfama to Wait coveted by said bW,•thea this obl2gWon shalt be null and void,otherwise to remain in lilt Jbroa and e$ect Signed and sealed this 26thday of MAY ,2005 RUIZ ENGIA*INfq CO P (24M#61) *,-7 - Lon r OF (Wltm=) A Qvi&y ', Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President, and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e arc nominate,constitute and appoint Michael A.QUIGLEY,of Laguna Beach,California, its o nt orney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety,and atal�= d undertakings,and the execution of such bonds or undertakings in purs I ent ash ��g upon said Company,as fully and amply,to all intents and purposes,as A44n, duly e q rl�wledged by the regularly elected officers of the Company at its office in nn�e' r�? p�sns. This power of attorney revokes that issued on behalf of Michael Y, Ju The said Assistant scar os � �f hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-I C any,and is now in force. IN WITNESS WI1 OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Pip DUOS, W � i '�Pea� 77/v�v�C'Ci By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore ss: On this 17th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President,and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. • r C� p Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or.by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 26th day of May 2006 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - I ss. ) County of ORANGE i I On May 76, 2Q05 before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Tide of Officer(e.g.,'Jane Doe,Notary Public') personally appeared MICHAEL A. QUIGLEY , Name(s)of Signer(s) ) 91 personally known to me ❑ proved to me on the basis of satisfactory evidence I ( to be the person(k) whose names) is)km r MEG QUIGLEY subscribed to the within instrument and r cn �,� COMM.#1461771 > a • Notary Public Caiilornia acknowledged to me that helzbEdbW executed L\WWORANGE COUNTY the same in hiss authorized ./t 1_yqpMM.EZfm janua,10,2008 capacity(io, and that by his/NRjObEft signature(N) on the instrument the person(15), or the entity upon behalf of which the person(*) acted, executed th ment *aofr .;WI E S yl seal Place Notary Seal Above Signatta of Lary Pfi-blic ( OPTIONAL i Though the information below is not required by law, it may prove valuab to perso re ing the dod ument and could prevent fraudulent removal and reattachment of this fo r document. Description of Attached Document I I Title or Type of Document: Document Date: Number of Pages: t Signer(s) Other Than Named Above: r Capacity(ies) Claimed by Signer 1 Signer's Name: _ ❑ Individual I Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator r, ❑ Other: Signer Is Representing r 01999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotery org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required-on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share-in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney.General of the United States: l. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part-of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice 1 v tIIIII OVA (01 VIA- • r font +? • � i i • t • l t VAll Wi I I Lkr- z izi • +,�i'.j..-'".!..r✓✓'�/..-�./f r Or../.i`�%:J��1J��"_/�'./J�fl�:..����G�:j C-�'-�l l./���'i..%1..'•1/-/f C�-Tlf Ci:1"l��l✓�.�� RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) F CITY OF HUNTINGTON BEACH �BINTERDEPARTMENTAL COMMUNICATION TO: IS i Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (..Al &-11Z/ (Company?Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. / Maintenance Bond No. -1561 7okj 604) Re: Tract No. CC No. MSC No. Approved O Agenda Item_ No. (Cou cil pproval a e) City Clerk Vault No. #27 gJfollowup/bondletter-doc JUL. 8. 2005 10:38AM ZURICH SURETY NO. 553 P. 2 fntium for ft boW Indu* in chara t fnr Pn.#n..Ire Rntui, EXECUTED IN DUPLICATE Band No. 08813893 MA, I'MNANCE BOND KNOW ALL MEN-BY THESE PRESENTS,that we RUIZ ENGINEERING COMPANY hereinafter called Principal.as Principal,and FIDELITY AND DEPOSIT COMPANY OF MAR LANIQion of the State of MARYLAND .hereinafter called Surety,as Surety,are held and firmly bound unto CITY OF HUNTINGTON ooBEACH RE . hereinafter called Obligee in the sum of EUNDRE�I I —SEE 0 0 DOLLARS,($ 1,549..837.80)lawful money of the United States of America,to be paid to the said Obligee, or its successors or assigns,the payment of which sum well and truly to be made,we do bind ourselves,our heirs, executors,administrators,successors and assigns.jointly and severally,firmly by these presents. SIGNED,sealed and dated this 8th day of JULY 2005 WHEREAS,the Principal entered into a contract with the said Obligee,dated JULY 1, 2005 for "ASPHALT OVERLAY ON VARIOUS STREETS; MSC-426" and, WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that ifthc Principal shall remedy,without cost to the Obligee,any defects which may develop during a period of ONE(l) YEAR from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materiels or workmanship,then this obligation shall be void;otherwise it shall be and remain in full.force and effect RUIZ ENGINEERI G OMPANY ATTEST- Principal By_ FIDELI POSIT MPANY OF MARYLAND y; MIC L A. QUIGL _,Attorney n-Fswt CON8001 OCA0201 f APF OVED S TO O V-'-- JENNIFER WG ATH ity Attomey Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate,constitute and appoint Michael A.QUIGLEY,of Laguna Beach,California, its ntEd ney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and an undertakings,and the execution of such bonds or undertakings in pars �en g Company,as fully and amply,to all intents and purposes,a1 du �� wledged by arly elected officers of the Company at its office in .0n`fhe" ��ns. This power of attorney revokes that issued on behalf of Michael Y, Ju p ° � t The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- C ny,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of March, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND *�,v oeras, 0. a s W 4.... By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland 1 ss: City of Baltimore J On this 17th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J.MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,�✓t�+q tiit�t,`` Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of July 2005 �t 1 Assistant Secretary Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - l County of ORANGE ss I On July 8, 2005 , before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Title of officer(e.g.,'Jane Doe,Notary Public') personally appeared MICHAEL A. QUIGLEY Name(s)of Signer(s) I personally known to me ❑ proved to me on the basis of satisfactory evidence ' MEG QUIGLEY in COMM.#1461771 D to be the person() whose name(Xs) is/;q� ( a Notary Public Carsforria subscribed to the within instrument and ` ORANGE COUNTY - acknowledged to me that helsbadbW executed KMMEVIm*kwyI0,2008 the same in his1hadOwk authorized capacity(i;> , and that by his/ftiftft signature(N)on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the ins _ ent. I WITNE S y h d o official eal. L I Place Notary Seal Above sigmiro otary i OPTIO NAL NAL Though the information below is not required by law,it may prove valuable t ersons lying o u nt and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ) ) ' I Title or Type of Document: Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ( ❑ Individual ' Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General I ❑ Attorney in Fact ) ❑ Trustee ❑ Guardian or Conservator ❑ Other: t Signer Is Representing: 01999 National Notary Associatlon•9=De Soto Ave.,P O-Box 2402•Chatsworth,CA 91313-2402•www.na#wWnotaryorg Prod No.SW Reader Call Totl-Free 1-800-876-6827 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required-on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act) under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will sharein insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003,7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for.2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States.government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year: Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States. I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United-States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part-of an effort to coerce the civilian population of the United States or to influence the policy or affect the,conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance-losses resulting from the act, in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice C; �G�.LJ./�'�.ffly"'"'���.f�./�i:'- '=�'�J��./_.-_�f.:/��'�`l✓i�a'�����'.^✓�-`_�1r:/./=/J_/✓l././i��.�,;;'_'� l`. it l� ,i 1 .i.- • 1 /r � i ,1 Il (� � • � �..• .t • ! :�- ■ t. •' 0.f 'f !.. i:}:�. •''. �':ii=,�!r::ice.•: '•'> 'ham +1 t1 Il � t P f ;i'�.- - - ti y ► ! [` tilt i f .,f, �, i ) I ,1 )t `� • s ! sr ; (i ■ s:' - s ram. ■ � _ � tl' � ■ r� -1i� r• �;- s • (i t` 1 �✓!l�/1�.i�'=/'l,�l��1�ri.�111:.--'i�1�1 l�'.�G�:/''�.l�'�'"—�.!-�.�-✓f��G-l..'.���i_/��..!�%i'./'1�'�.�l (r•�r���/_l_/�l✓_/./�'.-/-��".✓�.::�i fib-:�'-�r.�!'-"�:Tl...�-"f.�:-����G���.-i���1%li=/./J�.:/��..:%�..�_/l_/./l:��� A << ii t '.� • ! � } fir} +- �, i `' + >- r �l I All l ! M I • 1 i • l tJ ,} 11 1� t t� M k ,�,} ;• l ! h I i M I; LS ;`� . �'�:. .•' • ;tom l �I rl CC i i+ t, JUL. O. ZM IU: JbAM LUKIUH JUKt I Y NU. 553 F. 4 FAITHFUL PERFORMANCE BOND Bond No 08813893 PUBLIC WORK EXECUTED IN DUPLICATE (The premium charged on this bond is$ 15,548.00 ,being at the rate of s 13.50/$8.38 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT,WHEREAS the CITY OF HUNTINGTON BEACH State of California,entered into a contract dated JULY 1. 2005 .with RUIZ ENGINEERING COMPANY hereinafter designated as the"Principal," for the work described as follows: "ASPHALT OVERLAY ON VARIOUS STREETS; MSC — 426" ;and WHEREAS, the said Principal is required under the terms of said contract to famish a bond for the faithful performance of said contract NOW,THEREFORE,We,the Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND corporation organized and existing under the laws of the State of MARYLAND .and duly authorized to transact business under the laws of the State of California,as Surety,ate held and firmly bound unto Ng14 CITY OF HUNTINGTON BEACH in the penal sum of MDRED HIR — E EN AND NVKtQ 0 DoIlars($1,549.837.80 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves. our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCK That,if the above bounden Principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and agreements in the said contract and any alteration thereof made as therein provided.on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according,to their true intent and meaning,and shall indemnify and save harmless the CITY OF HUNTINGTON BEACH its officers and agents,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and virtue. And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract or to the work or to the specifications_ IN WITNESS WHEREOF,Wehavehereunto set our hands and seals this 8th day of JULY 2005 RUIZ EN G COMP OVED AS T FMYI Principal �/ r�y. FER McGRATH ; ity Attorney g`1'0'7 F ZEI SIT MP A OF :ARYT_AIv'D PRF71001 CA0201 f M HAEL A. UIGLEY ,A torm- -in-Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e c �by nominate,constitute and appoint Michael A.QUIGLEY,of Laguna Beach,California, its nt orney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and a d undertakings,and the execution of such bonds or undertakings in purs ent g upon said Company,as fully and amply,to all intents and purposes,as du y, h wledged by the regularly elected officers of the Company at its office in nhe ns. This power of attorney revokes that issued on behalf of Michael A, Ju The said Assistant hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND rD 9EPps� r � 4 r W � o IIfN a By: y Eric D.Barnes Assistant Secretary William J. Mills Vice President State of Maryland I ss: City of Baltimore On this 17th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came WILLIAM J. MILLS, Vice President,and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,Cµ11117 f l)� Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-0626 q EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE II I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the j Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of July 2005 rj Assistant Secretary s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - ss. County of ORANGE On July 8, 2005 before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Title of Officer(e.g..'Jane Doe,Notary Public' personally appeared MICHAEL A. QUIGLEY Names)of slyner(s) 9)personally known to me ❑ proved to me on the basis of satisfactory evidence p•. MEG QUIGLEY COMM.#1461771 D to be the person(x) whose names) is/Im ¢ • Notary Public CalNomia ai subscribed to the within instrument and Q ORANGE COUNTY -- rh Canon.E I0,1(>oB acknowledged to me that hefsbe&W executed the same in hisRmAlutir authorized capacity(i ), and that by his/kKiftft signature(l)on the instrument the person(*), or the entity upon behalf of which the person(p) acted, executed the in ment. IT S m an a d off ial eat. ) R Place Notary Seal Above i Vaiu f otary Public OPTITyAp�ve Though the information below is not required by law,it valuab o perso rely a ument and could prevent fraudulent removal and reattachment of this another ocumenL I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb We ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ 0 1999 National Notary Association•935D De Soto Ave..P.O.Sm 2402•Chatowort 4 CA 91313-24M•www.naltonfttW0rg Prod.No.59W PWorder Cal Tap-Free 1-800-87"W ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism.Risk Insurance Act of 2002. No action is required-on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share-in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year;for 2004, 1 Me of direct earned premium in the prior year; and for.2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States.government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year: Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United-States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part-of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance-losses resulting from the act, in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice t fi u ,i 1 f t� IA ♦ � { i ♦ ♦ • ■ 1, / :-i :! ♦- I:i.`'}, a, :Si',`+Y,:♦�.I' ',I MF �•t � 1 , t� 5 F24, ff ;t `ti ., a ., a {, •,� l 1 tl li c) :i �i ■ r. •�I� •• ti� s.• It t� U �:�l��.�'"_l_/..�Gfi�"./�Y/✓-.-.�_f�..-�f�..�_��..��.�'��h�i�!i-i�G�r./�-r;:.�l���-a_�:���1.1��ll_/�fll_/f�✓_�'�:, zx a .r �.• • :v��. • .. JUL. 0. IUU) IV: JOANl LUKIUM JUKt l Y NU. ��J f „ premium for tills band included in charge for Perfomlance Bond. EXECUTED IN DUPLICATE Bond No. 08813893 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive,Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT.- That,Whereas CITY OF HUNTINGTON BEACH has awarded to RUIZ ENGINEERING COMPANY as Principal,a contract for the work described as follows- "ASPHALT OVERLAY ON VARIOUS STREETS; MSC-426" AND WHEREAS,said Principal is required ad to furnish a bond in connection with said contract,to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law: NOW.THEREFORE,We the undersigned Principal and Surcty arc held and firmly bound unto the CITY OF HUNTINGTON BEACH in the amount required by law,the sum of *ONE MILLION FIVE HUNDRED FORTY—NINE THOUSAND EIGHT HUNDRED THIRTY—SEVEN AND 80/100* Dollars($1,549,83 7.80 )for which payment well and truly be made we bind ourselves,our heirs, executors and administrators.successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators,successors or assigns,or subcontractors,shall fail to pay any of the persons named in Civil Code Section 3181,or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exuding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001CA0202r JUL. 6. ZM IV:JVAM LUK10 JUMtH NU. �5j Y, b In witness Whereof,We have hereunto set our hand and seals this 8th day of JULY 2005 RUIZ ENGIINEERIZ COMPANY OVED AS T F RM p E I R CGRA City Attome der , 'o / !Z FIDELI Y DEPOS-bT CO OF MARYLAND By: CHAEL A. QUI cy In-Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate,constitute and appoint Michael A.QUIGLEY,of Laguna Beach,California, its lr b nt ar orney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and i 1 an ' 1 d undertakings,and the execution of such bonds or undertakings in purs p ent g upon said Company,as fully and amply,to all intents and purposes,as' i � d`u wledged by the regularly elected officers of the Company at its office in n`Llie �ns. This power of attorney revokes that issued on behalf of Michael A, Ju I o � The said Assistant hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- Carr any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�a oev psi` _ O � O By: , Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore Iss: On this 17th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1�,\lt 1I+1-f�i<<,' i� .. t i Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board, or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of July 2005 /4,4 / "Z C� Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. + County of ORANGE On July 8, 2005 , before me, MEG QUIGLEY, NOTARY PUBLIC , Date Name and Title of Officer(e.g.,'Jana Doe,Notary Pubbel personally appeared MICHAEL A. QUIGLEY , Name(s)of Signer(s) R personally known to me I] proved to me on the basis of satisfactory evidence to be the person(s) whose name0s) is/mm subscribed to the within instrument and • MEG QUIGLEY acknowledged to me that hetsbadbW executed COMM.#1461771 D the same in hisl��[ authorized Q Notary Publk California ( capacity(ifflo, and that by hislk1aft9K ORANGE COUNTY + MYCOOMExpkaom 10 Zppg signature(l)on the instrument the person(*),or the entity upon behalf of which the person(*) acted, executed the instrument. A W T S m a a d o i ial se i. �. c fA Place Notary Sea]Above Frubfic OPTIONAL Though the information below is not required bylaw,it may prove valuabl o pers s relying ocument and could prevent fraudulent removal and reattachment of this fo . another document. • 1 + Description of Attached Document ) + Title or Type of Document: Document Date: Number of Pages: + Signer(s)Other Than Named Above: r Capacity(ies) Claimed by Signer ( Signer's Name: l` ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ( ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 0 IM National Notary Association•93W De SOID Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•w .naNwnahwlary org Prod.No.5907 Reorder.Call Tall-Free 1410"7646827 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART.OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Disk Insurance Act of 2002. No action is required-on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is i $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share-in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003,7%of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year: Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part-of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice h i lr �1 1 _ l S (� IVA 1 (i ,i>. i+ '4 4 ` '��+ • R ^i` i • 1 'a ILIA,,it i l .1 �� f ! 1 1 1 ;1 t rl �t 1 � c •t4 ♦• �c • it tl tl i� ltl �:'lf1_•/�f./��/�.r/:':ilk-=�%'.i'�: '"� - i DATE(MDDIM ACO-RD. CERTIFICATE OF LIABILITY INSURANCE 7122MI200 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CHR Insurance pW•90 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE `/� HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5601 W Slauson Ave. #290 OtvL.� V"4a / ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Culver City, CA 90230 aP INSURERS AFFORDING COVERAGE INSURED RUiZ Engineering �410r INSURERA:IMPACT SOLUTIONS INSURER B: 1344 Temple Ave. R�s��� INSURERC: Long Beach, CA 90804 INSURERD: INSURER E: COVERAGES 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 POLICYE FFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER D TE M D ATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PROECT LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE MEVFR VED AST FO AGGREGATE $ DEDUCTIBLE MC ity A1t0 $ RETENTION $ $ WORKERS COMPENSATION AND TIC DRY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 A H67P088603 04/01/05 04/01/06 E.L.DISEASE-EA EMPLOYEE $1,000,00 E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Asphalt overlay on various streets; MSC - 426. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL MAILS DAYS WRITTEN 2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 190 Huntington Beach, CA 92648 AUTH IZE R R ENTATIVE ACORD 25-S(7/97) © RD 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. ACORD25(2001/08) Ju11 . 15• 2005_11 :35AM No 3252 P- 1 ACt?RD CERTIFICATE OF LIABILITY INSURANCE I DATE 20006 PRODUCER P}wm STt-CST-4M Pak 868-9 -a= 7M CERTIFICATE E ISSUED AS A MATTER OF WFORMATION 13ACCARELLA INSURANCE SERVICES.IN%, b ONLY AND COWERS NO RKWTS UPON THE c�TUICAtE OWINDIANA AVE.#2ai Y' 1(�?/ 'p / HOLDER• IM CERTIFICATE DOES NOT Ate, EXTEND OR RIVERSIDE CA 92606 (�i4tt G� TER THIS ggMlM AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIL +INSURER& Wf T RN HERITA INS CGO INSURED EENGINEERING COMPANY ��S f D S I pNg t g. MERCURY CASUALTY COMPANY 0I3A RUIZ COMPANY `r PO BOX 4177 14/u+� MWURER C. TOPA INSURANCE COMPANY LONG BEACH CA SM04 / INSURER D; INSURER E: COVERAGES THE POUCIEB OF.RMRANCE LISTED"9MOW HAVE BEEN ISSUED TO THE INSURED NAmm ABOVE FOR THE POLICY PERIOD INDICATED, NOTMTHSTANDING ANY REOUIREMENT,TEM OR CONDITION OF ANY CONTRACT OR OTHER DOCUNWr WITH RESPECT TO NnICH THIS CB1TVICATE MAY BE ISSUED OR MAY PERTAIN,TIC INSURANCE AFFOROED BY TIC POUCES DESCRIBED HEREIN IB SUBJECT TO ALL THE T 0=MONS AND CONDITIONS OF SUCH POLICIES.AGGREGATELIBtS SHOWN MAY HAVE BEEN RHO BY PAID CLAW, NSR TYPE OF INSURANCE POLICY N(T RER PolJG v t1�E �cyEXP rm Luttfs _ TO lu tg GENERA rnr St 7822 05rdW 06021M EACH s 1,000,000 X COMMERCIAL GENERAL LIABILITY s 50,000 CtAIM3 MADE N x r OCCUR MI'D.EXP(ANY om PST) S _ 1,000 A " PERSONAL&ADVWURY s 11000010 1 _ i GENERAL AGGREGATE s 2!000,000 ll GEWL AGGREGATE LWT AMES PER y PRODUCTS-COMPIOP AGG- 13 11000,000 POLICY LOC tl i AuTomom-E LwNLnY AC110 O maw 0G1WN COUMM SINGLE LNMTP I ANY AUTO (Eaacradeid) $ 1,000.000 ALL OWNED AUTOS ;BwLy INJURY X : SCHEDULED AUTOS FX HIRED AUTOS I BODILY INJURY NON-OWNED AUTOS (Pw Ig I IPROPERTYDAMAGE i Prracddi�X) is GARAGE LUkOLTfY AUTO ONLY-EAACCIOENT ANYAUTO OTHERTR* E,AACC s AUTO ONLY: AGC is EXCESS/UmoLALIAM.ITY XL20776 07f06l05 06128106 EACH (3 3 1.000,000 i ^ I OCCUR CLAM MADE 'AGGREGATE s C $ DEDUCTIBLE RETENTION$ s WG 6TATU oTlii� WORIOR COMPENSATION AND ETORYUk1iT5 pIIPL0Y8R1RIV"a'LIA LIA811171f E.L EACH ACCIDENT $ ��Out r WRATH ty A omey El-DISH.ASE-EA EMPLOYEE S r .Na. 9 8 0/ E L D ASE PQ Y LWIIT $ OTHER, , DESCRIPTION OF OPERATIONSILOCATIONSNERICLES1EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB: ASPHALT OVERLAY ON VARIOUS STREETS,AIISC-426. CITY OF HUNTINGTON BEACH,ITS AGENTS,OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS PER THE ATTACHED FORM. "EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE AMM DESCRIBED POLICES BE CANCELLED BEFORE THE DEPARTMENT OF PUBLIC WORKS EXPIRATION DATE TT�EOF,THE ISSUING INSURER WILL ENeE MOR-PO WIL V PO BOX 190 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT,Btlr HUNTINGTON BEACH,CA 92648 AUTHORS VEPRESeNTATIVE C�1 - Attentlon: FAX:7'14.53"212 Sheen TNlley �Ju4 . 15. 2005 11 :35AM Nu• 3252 P. 2 POLICY NUMBER:SCP0567822 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEE: OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modules insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Nwne of Addkkmd Innaid Parson(s) of Pawsred CITY OF HUNTINGTON BEACH,ITS AGENTS, ASPHALT OVERLAY ON VARIOUS STREETS OFFICERS AND EMPLOYEES MISC.426 Inform!ior r aired to corn his Schedule,if not sham above,will be shun In the Deciar�ons. A. SeMon II -Who Is An Insured Is ornendetl to itt- B. W th respect to the insurance aftded to these ad- dude as an additional insured the persw(s)or or- didcma l insureds, the following additional etcdu- ganizatlon(s)shown In the Schedule,but only with duns apply. MSPOS to&f r for 130ft"W."P Y This ksuranc:e does not apply to"bdxlgy injury or age"or"personal and advertising InW caused, In 'property damage"occur"eitw: wixife or in part,by: . O parts or equip- work, irtr dWin mauls, 1. Your acts or txniasiorts;Or 1 All mart furnWwd In connection with such work, 2. The at%or orrkdons of ftm vo,,g on your on the project (otter than aervim. mainte- behalF, nance or repaim)to be performed by or on tee- In the pwkmwrm of your ongoing opwatiom for hW oft o additiornal Insuted(s)at the latation the additional Insured(s) at the location(s) desig- of the c&jered operations has been oona nated above. plated;or 2. That ports m of"your w oW ot2 of which the in- jury or damage arises has been put to its intended use by any person or won other than another crontraotor or subcontractor arKpcpd in rxviornivig c►pmVions for a pdo d- pal a$a part of the saute project 'THIS INSURANCE SHALL BE PRIMARY BUT ONLY IN THE.EVENT OF THE NAMED INSURED'$SOLE NEGLIGENCE" CO 2010 07 04 Copyright,ISO Properties,Inc.,2004 Page 1 Of 1 JUL. 8. 2005 10:39AM ZURICH SURETY N0. 553 P. 7 No. 4662 STATE OF CALIFORMA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate -of Authority THIS IS TO CERTIFY, That,pursuant to the Insurance Code of the State of California, Fidelity and Deposit Company of Maryland of Baltimore, Maryland, organized under the laws of Maryland, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to alt provisions of this Certificate, the following classes of insurance; lire, Marine, Surety, Plate Glass, liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile,Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements ma de under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 29th day of January, 1985, 1 have hereunto set my hand and caused my official seal to be affixed this 29th day of January, 1985. Fee $50.00 Bruce Bunner Insurance Commiaaioner Rec. No. S4314 Filed 12/3/84 By Victoria S. Sidbury Deputy Certification 1,the undersigned1murance Commissioner of the State of California,do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is of til,true,and correct transcript thereof,and of the whole of said duplicate,and said Certificate of Authority is now in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused my official seal to be affixed this 3rd day ofAugust, 200o. 1. Clark Kelso .4c6ngbrstwanceCoemnissioner Pauline D'Andrea ' Deputy CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCH-J REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: 6 ATTENTION: O N _ DEPARTMENT: REGARDING: Aq'* g City,State,Zip See Attached Action Agenda Item g Date of Approval 12-O OJ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: ON &-Cakbd Jiro) City Clerk Attachments: Action Agenda Page Agreement Bonds ✓ Insurance RCA Deed Other N artm, t RCA Agreement Insurance Other Na _ artment RCA Agreett�ent Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance g:/followuplletters/coverltr.doc (Telephone:714-536-5227) U-.L ZE/2t;-A) - BID DATE: per" TIM a "OD Engineer's Estimate: $ BLD LIST BFDDER',�-�1TA112E TOTAL BM OUNTT 5. S IV A X=Mntt:� IS4 7s'l IS �. $ CA L 10. $ 11. $ 12. $ 13. $ 14. $ F a CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: May 9, 2005 To: City Clerk's Office Project/C.C.No.: MSC 426 2000 Main Street Regarding:Various Residential Streets forAsahalt Overlay Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids item# Copies Pages I Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On March 16, 2005, the Public Works Commission authorized the advertisement of the Various Residential Streets for Asphalt Overlay at .12'; MSC 426 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 5/12, 5/19, and 5/26. The bid opening is scheduled for 6/02. Please contact me at extension 5042 with any questions you may have. c: file By: i on Churchill,Street/Facility Supervisor DADocumEm AND SETTINGS\CHURCHq\MY DOcumvm\GRAms AND CONTRACTS\CONTRACTS\STnmPB\OvERi AYs\2005\NISB TRAN&mITAL TO CLERK 426moc SECTION A NOTICE INVITING SEALED BIDS for the VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY AT .12' MAINTENANCE SERVICE CONTRACT #426 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 June 2,2005. 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 $25.00 nonrefundable fee if picked up, or payment of a$45.00 nonrefundable fee if mailed (bidder shall pay additional costs for special delivery). 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. Project Description: The project consists of grinding of the existing pavement, installing a paving fabric utilizing an asphalt binder, and adjusting manholes, monuments and valves to the new established grade. Project is estimated at$1,690,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the PUBLIC WORKS COMMISSION of the CITY OF HUNTINGON BEACH, CALIFORNIA, on the 161h day of March 2005. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SEMA payment of a $25.00 a State Contractor's" NwNhwasms nonrefundable fee'if License Class at the VA00 Vta" picked up, .or payment time of the bid opening. of a W.00,nonrefund- The successful Can-' i am a Citizen of the United States and a Si1i KItIA"AU able-fee if mailed(bidder tractor and his sub-' IJl1fAF.i2`, shall pay ,additional contractors will be resident of the County aforesaid; I am y>tS for §p13�'a' de'ir- bu tress licenses possess from over the age of eighteen years and not a tONiDiKi#444tn1he Any pursuant entered the AGENCY. into pursuant ato this 'Project Description: (ff{�� notice will `incorporate The project consists of parry to or interested in the below entitled I+IIRLIG NOTICE IS the provisions of the grinding of the existing HEREBY GIVEN that the -State Labor Code. Fur- pavement, installing a matter. I am a principal clerk of the CITY OF H'MillIWO14 suant to the,provisSons paving fabric utilizing an HUNTiNGTON BEACH INDEPENDENT, sEaeN; as ,AGENCY, State-of Labor Code of the asphalt binder; and invites sealed bids for State of California,.the adjustip -manholes, the above .stated minimum prevailing rate monum and valves a newspaper of general circulation projects and will receive of per diem wages for to the new established such bids in the office each craft,-classification grade; Project is esti printed and published in the City of of the 200 Clerk,Strad, needed type °e workman mated at$1,6ENCY reW. serves Floor,2000 Main Street, needed to execrrte the the<AGENCY,reserves Huntington Beach, Cali- contract shall.be those the right to" reject any Huntington Beach, County of Orange, fornia 92848, up to the determined by the or all bids,to waive any! hour of 2:� PM on .Director of Industrial irregularity and td take State of California, and that attached �.2, S.Bids will Relations of the State of all bids under a rise be publict9'open in'the California, which are on ment for a max m Notice is a true and complete co as Council chambers unless file at the Office of the period of 60 days. ' P PY otherwise!posted. Director of Public Works, BY ORDER of the Copies of,Ma„Plans, 2000 am Street, Nun PUBLIC WOWS COM- was printed and published in the Specificatioffs,. an tingtonBeach CA92648. MISSION of.the CITY OF contract docuitlents are The AGENCY will de- HlfNMGTON BEACH, Huntington Beach issue of Said available from the'Office dust a 10% retention CALIFORNIA,OR the 16th of the Director of Public from all,progress pay- day of March M. newspaper to wit the Issue(s) of: Works, 2000 Main ments: 31i,a;-Contractor Published Huntington Street, Huntingtorr m� = sttute an es Beach Independent May Beach-GA �42G48. woon crow holder surety of 12,19 26,2Wu 052-812 equal,value to the — retention in accordance -with the,provisions.Of the California Gaveirn ments.�Code•, Section 4590. The. ,Contractor shall he beneficial owner of the surety and shall MAY 12,19,26,2005 receive any interest therLon. The AGENCY hereby affjrmatfdety•,ensures that minority business enterprises will qqe afforded full opportunity to submit, bids in re- declare under penalty of perjury, that spense to .this notice and will 'riot be dis- criminated .against on the foregoing is true and correct. the'basis of race,color, national prign,ancestry; sex,.or religion in any: considerzoisl leading.to Executed on MAY 26.2005 the award of contract' No bid shall,be con- sidered unless It-is at Costa Mesa, California. prepared on the ap- proved Proposal forms in conformance.with the instructions to Bidders. The` bid' must• be sac- eoMpanied by certified check, oashler's check,: or bidder's bond made Signature payable to the AGENCY' for.an amount no less than 10%of the amount bid. The successful bidder shall be`licensed in '.accordance `with prOVisiant of the Busi- ness and 'Professions Code and shall possess PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) spa payment of a $25.00 a' State Co rec tor's nonrefundable fee if License Class at the WS picked up,-or,payment time of the b' opening.'- am a Citizen of the United States and a �+��� of a $aif m iled(bidder The successful Con- �,,.,�r� able fee if mailed(bidder tractor and .his sub- shall pay additional contractors,`will be resident of the County aforesaid; I am O#YkT.12F costs for special deliv- required to Ipossess ery). I business licenses from over the age of eighteen ears and not a � Any contract entered the AGENCY, 9 g y pursuant to this Project Description: tONl�ltt#428 a ih9 into >Q p party to or interested in the below entitled myomummimnotice will incorporate The f .project consistsists of the provisions the grinding of the.existing PUBLIC NOTICE IS State Labor;Code..Pur- 'pavement, installing a' matter. I am a principal clerk of the HEREBY ONO Ahat the suant to the provisions pavih_g fabric utiliaing•an CITY OF HW4TIH6WN of the Labor trade of the asphalt binder, and HUNTINGTON BEACH INDEPENDENT, Bu►uI, as AGENCY, Sate of California. the adjusting mPnhotes, invites sealed bids for minimum prevaiVing rate monuments and valves- a newspaper of general circulation, the above statsd of per diem wags for to the new established projects and will receive each Graff,Blass,ication grade,. Project"is esti printed and published in the City of such bids in the office or type 'of workman mated at$1,6'9 OOO. of the City Clerk,Second needed to execute the The AGENCY reserves Floor,2000 Main Street, contract shall be those the right to reject any Huntington Beach, County of Orange, Huntington each, Call- determined by the or all bids,to waive any forma 92648, up to the Director, of Industrial irregularity and to take State of California, and that attached hour of 2.." PIR or Relations of the State of all bids under advise Notice is a true and complete c0 as be p R,publicly 5.op Bids whir California, which are he period for a maximum he publicly open in the file at the Office of the period of 60 days. P copy Council Chambers'unless Director of Public Works, BY ORDER of the was rioted and published in the otherwise posted. 2 Main Street, Hun- PUBLIC WORKS, COM P P Copies 'of, the Plans, tin on Beach,CA92W4 MISSION of the CITY OF Huntington Beach issue of Said "Specifications, and The AGENCY will 'de- HUNTINGTON`-BEACH, contract documents are duct a 10% retention CALIFORNIA,on the loth available-from the Office from'all ptogress pay- day of March 2005. newspaper to wit the Issue(s) of. of the Director of Public meats. The Contractor Published Huntington: Worksf 200P Main may substitute en as- Beach Independent May Street, Huntingtonn,, crow holder'surety of 12,19,26, i 062-812 Beach. �,A 92648 y� equal value. .to the retention in accordance` with the-provisions of the California Govern- ment Code, Section .4590. The Contractor. shall be bet efictal oimer 2 of the surety and shall' MAY 1 2,1 9, 62005 receive _'avi. interest thereon:.,.. The A**CY hereby affirmttt`hkefy ensures that minority business enterprises will be afforded full`opportunity dre- eclare, under penalty of perjury, that submit bids ice spouse,to this notice: and, will not be dis- the foregoing is true and correct. criminated .race,a ort ", "the bash.4f race.cvler, natlonal:origin,ancestri,` ,sex, of religion in any consideration leading to Executed on MAY 26,2005 the award of coptrpct. No'-bid shah be con- at Costa Mesa California. prepare unless it i- � prepared on the ap- proved Proposal forms In conformance With the ructions to'Bidders. bid" most be ac- companied by a certified chuck, cashier's check, Signature bidder's bond made Ve to,:the AGENCY an amount no less, than IO%of the amount bid,' The successful' bidder shall be licensed in accordance with provisions of the Busi- ness and Professions and than possess RE ED BY: CITY CLERK RECEIPT COPY Return DUPLICATE Clerk' O to �jC; f-I�Zy 2 CityClerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh Freidenrich, City Treasurer FROM: DATE: �S SUBJECT: Bond Acceptance have received the bonds for (Company Name) Faithful Performance Bond No. 0 (fi-3 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 60 --PAI A;&w 7- Re: Tract No. CC No. MSC No. Approved Agenda item No. (Council Approval ate) City Clerk Vault No. Cy #27 g:/followup/bondletler.doc "J i r> Council/Agency Meeting Held: D Deferred/Continued to: X-,Approved 0 Conditionally Approved 0 Denied City le 's S' natu e Council Meeting Date: 6/20105 Department I umber: PW 05-045 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENE PE�CURET GH�- RAFT�Y ADMINISTRATOR f PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Award Contract for the Asphalt Overlay of Various Residehilal -, Streets, MSG 426 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Bids have been received for the asphalt overlay of various residential streets, MSC 426. Staff is requesting authorization to award the construction contract to Ruiz Engineering, as the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $1,735,500 are available from Gas Tax Funds, FY 2004/05, Account No. 20785417.64620. The engineer's estimate for this project was $1,690,000. Recommended Action: Motion to: 1. Approve the project specifications; 2. Accept the lowest responsible bid submitted by Ruiz Engineering in the amount of $1,549,837.80 for MSC 426; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Do not authorize award of this contract and direct staff to proceed differently. 4 -;� - CNr t �r REQUEST FOR ACTION MEETING DATE: 6/20/05 DEPARTMENT ID NUMBER:PW 05-045 Analysis: This project will consist of asphalt overlay of various streets, which were identified for our 2003 calendar year Residential Street Program. The overlay program was suspended in 2003 due to funding limitations. Current funding for FY 2004/05 will allow completion of 75% of the streets that had originally been scheduled for overlay in 2003. Bids were opened publicly on June 2, 2005, and are listed in ascending order: Bidding r • • Amount 1. Ruiz Engineering $1,549,837.80 2. Hardy & Harper $1,581 ,407.36 3. R. J. Noble $1,641 ,782.54 4. All American Asphalt $1,657,657.54 5. Pal , inc. dba Excel Paving $1,724,601.69 Staff has performed a reference check on Ruiz Engineering and received acceptable responses from past clients. Staff recommends that the City Council accept the bid from Ruiz Engineering, the lowest responsible bidder. Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on March 16, 2005. Environmental Status: This project has been determined to be Categorically Exempt. Attachment(s): City Clerk's Page Number No. Description 1. 1 Sample City Funded Construction Contract 2. Location Ma es G;1R C A=05W-045 Jones (Award MSC-426 Res. Qverlay).doc -2- 61712005 11:31 AM ATTACHMENT # 1 QL CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project,hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 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 agreeMnns/ciry consV4-03 1 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 ali 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; agraelforniWeity constl4-03 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., 40801 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 mattcr 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 under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ }, as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROTECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME 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 consd4-03 4 other contractors, subcontractors, and CITY farces 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. b 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 mane 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/fomis/city consd4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 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 agri e/forms/city const/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 Dollars (S ) 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 agmo/forms/city consd4-03 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 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/dry constl4-03 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 agredfomulcity consU4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with. Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18, INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agroelforms/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 (S1,000,000) 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 consd4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES_ OF INSURANCE, ADDITIONAL, INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/fnrmslcity 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. agee/fonnsfcity 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 % %) 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 consd4-03 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: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 ag Wforms/city const/4-03 17 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/6ty const/4-03 1 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneyy's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36, DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/fomweity consd4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one)Chairman/PresidentNice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/fon-m/city eonsd4-03 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TA13LE OF CONTENTS Page 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 l5. 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 1.9. 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 ATTACHMENT #2 Mc Fadden Ave. - — 7�111 Reif Coach Dr. 7�'r Is= e$€, , 1$031 1 ,.Q3+ C le ii '. .. iF - GREER P1V�Il Ett J I�11 w�.I�w�'�Ky IM31 IySSf Im,.2 i 1 f faaS., I'm €Sa37 pp _ _pg p_p g_ " _ I�Y gg. 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(NO THRU STREET) RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Contract for the Asphalt Overlay of Various Residential Streets, MSC 426 COUNCIL MEETING DATE: June 20, 2005 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (wlexhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached Contract/Agreement (wlexhibits if applicable) Not Applicable ❑ (Si ned in full by the City Attome "} " . Attached El Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form bZ City Attorney) Certificates of Insurance (Approved by the City �Attome Attached ❑ Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable IK Attached Staff Report (If applicable) Not Applicable 19 hed El Commission, Board or Committee Report (If applicable) Not Attac Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Findin g Not Applicable 19 EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVVARPED Administrative Staff Assistant City Administrator Initial r City Administrator Initial LCity Clerk } EXPLANATION FOR RETURN OF ITEM: Space . Use Only) RCA Author: Jones ECEIEu ✓ 2005 OCT 26 Pit 6 07 Council/Agency Meeting Held: CI C TC EPr, Y OF Deferred/Continued to: _ > IINGL ' £ C a'Approved ❑ Conditionally Approved ❑ Denied 91 ity Clerk's Signature Council Meeting Date: 11/7/2005 Department ID Number: PW 05-071 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILYEMBERS SUBMITTED BY: PENELOPE CU RETH- RAFT, Ct I TRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIR CF PUBLIC WOR SUBJECT: Increase Funding for MSC426, Asphalt Overlay of Various Residential Streets Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Due to a recent, unanticipated increase in the cost of asphalt materials, additional funding in the amount of $30,000 is necessary for the completion of the work specified in MSC 426, Asphalt Overlay of Various Residential Streets. Funding Source: Funds in the amount of $30,000 are available from Gas Tax Funds, FY 2005/06, Account No. 20785417.64620. Recommended Action: Motion to: Approve additional funds in the amount of $30,000 to cover the increase in material cost. Alternative Action(s): Do not authorize additional funds for this project and direct staff to proceed differently. Analysis: On June 20, 2005, Council approved the award of MSC-426, Asphalt Overlay of Various Residential Streets in the amount of $1,549,838, plus the standard ten percent change orders. Change orders greater than 10% require both Public Works Commission and City Council approval. This amount would increase the total project change orders to approximately 11.75% The recent hurricanes in the Gulf Coast have resulted in a significant increase in the price of petroleum products, including asphalt raw materials. In accordance with the California Commercial Code 2615, the contractor is not liable for cost increases caused by unforeseen occurrences such as natural disasters. The contractor, Ruiz Engineering, is currently working under a quote that will be valid through December of 2005. Pending approval of the additional funding, the project is scheduled for completion prior to December 6, 2005. 2F 4 REQUEST FOR ACTION MEETING DATE: 11/7/2005 DEPARTMENT ID NUMBER:PW 05-071 Public Works Commission Action: The Public Works Commission approved this item 5-0-2 (Absent: Engquist, Scheid) on October 19, 2005. i Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): None City Clerk's Page Number No. Description ne. GAR C A\2005\05-071 Nov 7 Churchill (Increase Funding for MSC-426).doc -2- 10120/2005 2:30 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Increase Funding for MSC-426, Asphalt Overlay of Various Residential Streets COUNCIL MEETING DATE: November 7, 2005 RCA ATTACHMENTS STATUS Ordinance ( legislative& draft if applicable) Attached ❑ N Applicable of 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 El Not Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached El Not Applicable (Approved as to form b CityAttome Ce rtificates of Insurance (Approved by the City Attorney) AttachedNot Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached El Not Applicable Staff Report (If applicable) AttachedNot Ap licable Commission, Board or Committee Report (If applicable) Attached Not Applicable hed Findings/Conditions for Approval and/or Denial Not Attac Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: