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Home My WebLink AboutS PARKER ENGINEERING, INC. - 1999-09-20 �a City C� of Hunting ton Beach [OLD � FiUt3TINGTON aFaC}i INTER-DEPARTMENT COMMMUNICATION TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC _2 - t to•—o a DATE: =Lc;-O� The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on fife with the City. LDAN T, ILI LLA, Director of Finance1 certify that no stop notic on file on t ubject is time. Date: ��DB RT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: ;P- O + CONNIE BROCKWAY, City Clerk 67 I certify that there are no outstanding invoices on file. Date: 17%�,_ cs,�_ I F ElDtNRICH, City Treasurer lo% Retention Payment 06/08/99 12:54 PR1 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach;CA 92648 Subject: Ccrtification of Compliance%%ith Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned,contractor on CC-1099 Heil and Saybrook Lane Improvements Project No. Title hereby certifies that all laborers, mechanics,apprentices,trainees,watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid v ages at rates not less than those required by the contract prmisions, 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 ti,,-age rate paid. — President Signature and Title Steve T. Parker g•cc cashconI L'S" •�' r 4 L J ...r...r• I DECLARATION OF SATISFACTION OF CLAIMS I Steve T. Parker state: 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 Heil and Saybrook Lane Improvements CC-1099 and dated 9-28-99 2. All workers and persons employed, all firms supplying materials,and all subcontractors for the above-mentioned project have been paid in full. yes. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `NONE") '°NONE" I declare under penalty of perjury that the foregoing is true and correct. Executed at Fountain Valley, CA. on this 11 day of December , 1994. 1999 J (Signature ol Contractor) Steve T. Parker - President g:cc\cashcon2 B'P4u uy ;c�;i Y. Vt�3;44��'Aw 0 Recorded in th�unty of Orange, California " Q Gary L Granville, Clerk/Recorder WHEN RECORDED MAIL TO: No Fee CITY OF HUNTINGTON BEACH 200@0021288 1 ;54PP1 01/12/00 Office of the City Clerk 0150010000.0030.00 0.00 0.00 0.00 0.00 P. O.Box 190 0.00 0.00 Huntington Beach,CA 92648 Doc Types: 015 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to S.Parker Engineering,Inc.,who was the company thereon for doing the following work to-wit: CC-1099—Heil Avenue at Saybrook Lane Improvement Project That said work was completed December 20,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 20,1999. That upon said contract Frontier Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 6'h day of January,2000. j r off" City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 6 h day of January,2000. 1 City Clerk and ex-officio Clerk of the City Council of the City 7 of Huntington Beach;California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O.Box 190 Huntington Beach, CA 92648 This document is solely for the Tax Exempt-Govemment Agency City CITY OF HUNTINGTON BEACH ct5'tts[Tf• Connie Brockway,City Cie Code anul g:a-kculd ba recorded free of charge. _ Puty Iork py C.G � � ��r�1 n ►� r- n .. .d G_n r# tt --� P(J bd Recorded in that,,0unt of Orange. California Gar Fll.I'llllL1�,pll�,I u 1Ill Ire,``''Clerk/Recorder --f� WHEN RECORDED MAIL TO: ��i 4 ��? CITY OF HUNTINGTON BEACH 2O000021288 1:54PI 01/12/00 office of the City Clerk 004 00024953 M 77 P.0.Box 190 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.ee Huntington Beach,CA 92648 Doc Types: e t 5 NOTICE OF C031PLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,o%vncr in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to S.Parker Engineering,Inc.,who isas the company thereon for doing the following work to-«1t: CC-1099—Heil Avenue at Saybrook Lane Improvement Project That said work v.-as completed December 20,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work♦vas accepted - by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 20,1999. That upon said contract Frontier Insurance Company uvas surety for the bond given by the said company as required by law.This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 6`'day of January,2000. City Clerk and ex-oiT`icio Clerk of the City Council of the CitycJtu of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNM BROCKWAY,the duly elected and qualified City Clerk and ex-ofticio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury.that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION aas duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 6'day of January,2000. City Clerk and ex-of icio Clerk- of the City Council of the City of Huntington Beach,California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92649 This document Ir.solely for the Tax-Exempt-Government Agency cti:alal ��l:f�.;�of the Cl.f CriY OF Hl.DNMIGTO'I BEACH es c)c�:1tzrn- ConniaBrockxsy,CtV i..r+�1 Code �l L I I7 iJ frao of charge. puny city clerk • 1, A Interdepartmental Communication Ht�MON.EW, TO: Shari Freidenrich, City Treasurer FROM: Christine Cleary,Deputy City Clerk 17 DATE: February/ 2000 SUBJECT: Maintenance Bond I have received Maintenance Bond No. S1300027802, S. Parker Engineering, Inc. RE: City Clerk Vault File No. PA 600-50. _ Dated: By: i r EXECUTED IN DUPLICATE MATMENANCE B OND BONDNO:SD00027802 pR.ENULIM S INCLUDED I KNOW ALL MEN BY THESE PRESENTS:That We, S. PARKER ENGINEERING, INC. 10059 tti'IIIP ORt-'ffL AVENUE FOUTTrAIM VALLEY CA 92708 add.re s as Principal, Hereinafter called Contractor and ' FT-=ER INSURANCE .CUIPAW , a corporation organized and existing under the laws of the State of California,and authorized to transact business as a surety,are held and firmly bound unto CITY OF ln=IN= BEACH __ . as Obligee, TH in the penal sum ofTTu NINE THOUSAND ITY R DOLLARS AND 140/100 Dollars (S 39,030.00 I)to which payment well and truly to be madc we do bind ourselves,our and each of our heirs,executors,administrators,successors and assigns jointly and severely,firmly by these presents. WHEREAS,the said Principal entered into a contract with the Obligee dated _ for: INTERSEC'TIC IT M,1PRO!M=S AT HEIL AVENUE AND SAYBROOK LANE. WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee the period of two years after approval of the final estimate nn said joh, by the Owner, against all defects in workmanship and materials which may become apparent during said period,and NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that,if the Principal shall indemnify the Obligee for all Io5s that the Obligee may sustain by reason of any defective material or workmanship, which shall appear within a period of two years from the dstc of substantial completion of the work provided for in the Contract,then this obligation shal i he null and void,othcrwisc to be and remain in full force and effect. Principal S. C. C• •= FPjCtITIER INSURANCE WIPANY ry. �.. D '' C-''y- attorney DwI(HT REILLY ,(Attomey�n Fact) ;-rla,n fie INSURANCE COMPANY 2636 Elm Hill Pike Suite 500 Nashville,T`1 7214 to Stock Company] POWER OF ATTORNEY 1"Zindu Al( Rett Iltr Zhese jJrescttte: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office in Rock Hill,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November,1985 "AESOLV ED.that the Chairman of the toad,the President,or any Vice President be,and hereby is,authorised to appoint Attorneys-irt- Fact to repfesent and act for and on behalf of the Company to execute bords,undertakings,recognizances and other Contracts of indemnity and writings obligatory in the nature thereof,and to arach thereto the corporate seat or the Company,in the transaction of its surely business. "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may to affixed to any such Power of Attorney or to any certtl,cate retating thereto by lacstmtte,and arty such Pourer of Attorney or certdtcate beartng such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other Contract of indemnity or writing obligatory in the nature thereof. "RESOLVED.that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such cehificatton the date thereof,said date to be not later than the dale of delivery thereof by such Attorney-in-Fact" This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREB"MAKE.CONSTITUTE AND APPOINT. R.J.s7UECK DWIGHT REILLY VICKI MARTINEZ CHRISTOPHER S.HOPPER of Upland ,in the Stare of Califomia its true and lawful Attorney(sI-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than Insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by lair allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION($5,000,000.00) DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY.and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3 t1 V i tttra s XVlZrrrOf,FRONTIER INSURANCE COMPANY of Rock Hill,New York,has caused this Power of Attorney to be signed by its President and its Corporate seat to be affixed this 26th day of August '�9 97 FRONTIER INSURANCE COMPANY C$.A* BY: State of New York County of Sullivan ss.: THEODORE J.RUPLEY,President On this 26th day of AUCfUSt 19 97 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,daly commissioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to me personally known to be the Individual and officer described herein,and who executed the preceding Instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he Is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officerwere duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument,is nox in force. .711 iZratintaltlr XVhcrrdf,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. �00T;I�ry 01 puauC4• ALICIA A.LANESE Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission E)Vtes July 8,2000 1.JOSEPH P.LOUGHLIN.Sec retary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto.are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect 3111 Elitness 3ffl}lrrrof, I have hereunto set my hand and affixed the facsimile seat of the corporation this I9TH day of JANUARY kX 2000• �w °•r°w�' C= •� JOSEPH P.LOUGHLIN.Secretary r. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .r.��ree.rr.��ncr�.er'.r_.�.crsrerrr�rr_r�r Y State of California Ss. County of San Bernardino On JAN. 19, 2000 , before me,— Susan Pugh, Notary Public pmo Norm"Tao a Ofter(..Q-,'Jww oc..Nowt PUW') personally appeared Dwight Reilly ------------------------------ k-*Si of S9-0) CR personally known to me O proved to me on the basis of satisfactory evidence to be the persons) whose name6s) isles subscribed to the within instrument and acknowledged to me that helft executed the same in hislb*c authorized SUSAN iPUGH capacity(ks�, and that by his/4e% Comffdnlon r 121" s:gnature(s)on the instrument the person(Q,or y Notory Ktft-CaBfo►rilla the entity upon behalf of which the person( Son 9emordno County acted, executed the instrument. nny taorr+rn.I:x�i'es Mc�lS�i WITNESS my hand and official seal. �LLa� �u. -A Pop Notary 5"Above 59nann of NoU" SUSAN PUGH OPTIONAL Though the Informa!ion below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document MAINTENANCE BOND Title or Type of Document: Document Date: JANUARY 9, 2000 Number of Pages: x Signer(s)Other Than Named Above: None Capacity(ies)Claimed by Signer Signer's Name: Dwight Reilly ------------------------- ❑ Individual ' Top Of OWmD We ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General :3 Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FRONTIER INSURANCE COMPANY 0 1991 NauonN Nowt'Msociabon•V=Do sob Ave.PO.Son 2,902•CN&taw&d%CA 013162402 Rod.NOL 5907 Re~Can Tb&Frw 1-800-876 W f V I, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK January 6, 1999 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach,P.O. Box 190, Huntington Beach, California 92649. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Z�s Connie Brockway City Clerk CBrc Enclosure: CC-1099 Heil Avenue at Saybrook Lane Improvement Project Mlephone:71453"227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.0.Box 190 Huntington Beach,CA 92649 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to S.Parker Engineering,Inc.,who«•as the company thereon for doing the following work to-►pit: CC-I099—Heil Avenue at Saybrook Lane Impro►•ement Project That said work was completed December 20,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work-teas accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 20,1999. That upon said contract Frontier Insurance Company was surety for the bond given by the said company as required by law.This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 6'day of January,2000. CCU City Clerk and ex-oIlicio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-offcio Clerk of the City Council of the City of Huntington Beach.California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be rccorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 6"'day of January,2000. . c Xct City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California NVIIEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.0.Box 190 Huntington Beach,CA 92648 Thlz document is solely for the Tax-Exempt-Government Agency aI buzz!n!3,cI uls CIzy CITY OF HUNTPIGYON BEACH >•s con!nm- na Brockwzy.aty V. Code U I:)3 and--hould ba recorded BY' + free of charge. pLay City,Clerk + eh4 Won ne-Tu61i r,�41,5 �TY OF HUNTINGTON BEA MEETING DATE: December 20, 1999 DEPARTMENT ID NUMBER:PW 99-129 Council/Agency Meeting Held MGflo.Sa Def',ed/Continued to: Ed Approve it -111y A prove [] Denied ryclerk's Signature Council Meeting Date: December 20, 1999 Department ID Number: PW 99-129 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION d SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM13ERS �n= SUBMITTED BY: RAY SILVER, City Administrator 40 } PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work A SUBJECT: Accept the Heil Avenue at Saybrook Lane Improvement Project CC- 1099, and File a Notice of Completion Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: S. Parker Engineering, Incorporated, has completed its contract for the construction of the Heil Avenue at Saybrook Lane Improvement Project CC-1099. Funding Source: Sufficient Gas Tax Funds were authorized for this project. _Recommended Action: Motion To: 1. Accept the Heil Avenue at Saybrook Lane Improvement Project CC-1099 at a final cost of a41,265, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On September 20, 1999, the City Council awarded a contract to S. Parker Engineering, Incorporated, in the amount of $39,030 to construct the Heil Avenue at Saybrook Lane Improvement Project, CC-1099. The adopted project budget also included $3,900 to cover potential change orders and $3,900 for supplemental expenses, for a total of $46,830. The improvements under this contract included construction of new curb and gutter, new signing & striping, and landscape preparation. The improvements did not include any landscaping. Landscaping will be performed under a separate project and will commence in the next few weeks. 10991notice of completionlrca -2- 121110199 9:02 AM RYQUEST FOR COUNCIL ACTIS4 MEETING DATE: December 20, 1999 DEPARTMENT 1D NUMBER:PW 99-129 The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $39,030 $41,265* 2. Change orders: 3_.900 0 Project Construction Costs: $42,930 $41,265 3. Supplemental Expenses: 3.900 680 Total: $46,830 $41,945 "Final material quantities were greater than estimated. Public Works Commission Review: The Commission reviewed and recommended City Council approval of the project on June 16, 1999. Environmental Status: Not applicable. Attachment(s)• '. I. : . - . . . r I NIA RCA Author. Charlonne jm 36839 1099lnotice of completionlrca -3- 12110/99 9:02 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Heil Avenue at Saybrook Lane improvement I Project; CC-1099, and File a Notice ofCompletion COUNCIL MEETING DATE: December 20, 1999 .............. Ordinance (wheffiibits & legislative draft if applicable) Not Applicable Resolution (w1exhibits & legislative draft if applicable) Not Applicable Tract Mae, Location MN and/or other Exhibits Not Applicable Contract/Agreement (w1exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form PX City A ttomey) Not Applicable Certificates of Insurance (Ap2roved bX the at Attom2,vj Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Aperoval and/or Denial Not Ap2licable -:'EXPLANATION FOR MISSINGATTACHMENTS RETURNED ;..::::::- FORWARDED REVIEWED ;---- .............. Administrative Staff Assistant City Administrator(Init' l) I GityMmInistrator(Initial)___ City Clerk EXPLANATION FOR RETURN OF ITEM: :4 (Below Spa6e For CO Clerk's Use Only) I I I I L RCA Author. Charlonne J,ne CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNUTTAL OF ITENT APPROVED BY THE CITY COUNCIL/ REDEVEI,OPhiENT AGENCY OF THE CITY OF 11UNTINGTON BEACH DATE. r TO: . ATTENTIONzoos I : ST�.1re /• /��e� nameQ.S I�a ; dOrWj DEPARThiEhT:Op REGARDII1G IDq 9 N �NL ll&F . City,sule.zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brocim2y City Clerk Attachments: Action Agenda Page Agreernent Bonds Insurance RCA Deed Other IrayK t RCA AVmffmnt Insursnee Une* ' �N �e}ar^urlenl RCA I�eement ictsurattce Other it Pnri� lrlro»SC1Y�I� � . Mime fleparunettt RCA A�eanent Insurance other Name Ileputmrrt RCA A$, lamawce/ Other .Men&)Z=A Risk Management UepL ituurance Received by Name-Company Name-Date G:F0110% plLattets'caverhr (Telephone:714-B36-5227) 'Ce Wote-or z Office of the Cit-y Clerk Huntington Beach, California dad-I&Z � F � . � " , --rolA- 164-7 Il`�1z000 Told- el nJ t b�erN dh e S 4%c! -fa (.ucu't u n t nd5,, 2' ue—avlee G o (13) 09120199 -Councill114,Lcy Agenda -Page 13 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action:Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes-Approve and adopt the minutes of the City Council'Redevelopment Agency regular meeting of August 16, 1999 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Deferred to 10141991 E-2. (City Council) Approve License Agreement with Southem Califomia Edison for Use of Edison Park Adjacent to Edison High School (600.10)—Approve the License Agreement with Southern California Edison Company to utilize 5.64 acres of property at Edison Park for five years at$200 per acre per year, and authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director. Funding source: Park Acquisition and Development Fund -$1,128 per year. [Approved 7-0] E-3. (City_Council) Approve Grant Agreement Between the City of Huntington Beach and the Huntington Beach Conference &Visitors Bureau, Inc., (HBCVB)for Fiscal Years 199912000 and 2000101 (600.10)—Approve and authorize execution by the Mayor and City Clerk of the Grant Agreement Between The City Of Huntington Beach And The Huntington Beach Conference And Visitors Bureau, Inc. (HBCVB) For Public Relations Services for a two-year Agreement for a total of$470,000. Submitted by the Economic Development Department, Funding Source: 1999/2000&2000/01 City Budget. [Approved 7-0, appointed a Council committee consisting of Bauer, Green, and Garofalo] E-4. (City Council) Approve Staff Direction on Rates for the Main Promenade Parking Structure (275.10) - 1. Retain current rates at the Main Promenade Parking Structure; and 2. Direct staff to continue to monitor revenue from the Main Promenade Parking Structure, downtown parking meters, and surface parking lots to insure that parking assets are producing the maximum revenue possible. Submitted by the Community Services Director. [item withdrawn] E-5. (City CouncillRedevelopment Agency) Adopt Resolution No. 306 - Filing of Annual Statement with County of Orange Auditor/Controller to Document Redevelo ment Agency Debt (600.30)-Adopt Resolution No.306 - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Amending the Agency Debt Pursuant to the Operative Agreement Between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the Huntington Beach Redevelopment Project." Submitted b the Administrative Services Director and the Economic Development Director [Adopted 7-01 17 I have received Faithful Performance Bond No. S000027802 --Frontier Insurance Company for S. Parker Engineering. I have received Payment Bond No. SDO0027802-- Frontier Insurance Company for S. Parker Engineering. %OTH or,awn m' weobwn i rro 7a &rY 7X e&rupee es or"Ficc� RE: City Clerk Vault File No. PA 600-50. Approved by Council on 9/20/99. T Dated: - orj 13y. N $ DUPLICATE ORIGINALS rantier . INSURANCE COMPANY ROCK HILL,NEW YORK 12775-WW (A Stock Company) PREMIUM: 585.00 Ala Document A312 EXECUTED IN DUPLICATE Performance Bond . No. SDO0027802 Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Addre'ss): SURETY(Name and Principal Place of Business): S. PARKER ENGINEERING, INC. FRONTIER INSURANCE COMPANY 10059 WHIPPOORWILL AVENUE . Rock Hill,NY 12775-M FOU1iTAIN VALLEY; :CA 92708 OWNER(Name and Address): CITY OF HUNTINGTON BEACH P.O. BOX 190 2000 MAIN STREET HUNTINGTON BEACH. CA 92648 CONSTRUCTION CONTRACT Date: Amount: THIRTY NINE THOUSAND THIRTY DOLLARS AND NO/100 Description(Name and Location): CONSTRUCTION CONTRACT FOR INTERSE CrION IMPROVEMENTS AT HEIL AVENUE .AND SAYBROOK LANE. BOND Date(Not earlier than Construction Contract Date): DECEMBER 22, 1999 Amount: $39,030.00 Modifications to this Bond: T=NONE - E3 See Page 3 CONTRACTOR AS PRINCIPAL SURETY So PARKER ENGINEERING, INR£orporate Seat) FRONTIER INSURANCE COMPANY (Corporate Seal) Signatures _ Signature: dQ Name and Title: OTicvc ?.4VC:fir- Name and Title: DWIGHT REILL _ T" Attorney-In-Fact This bond shall not be valid or enforceable until executed by all parties named herein. (ANY ADDITIONAL SIGNATURES APPEAR ON PAGE 3) (FOR INFORMATION ONLY--Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE A chite t;�►gineer or CROSBY INSURANCE, INC. other party): A��'; '�(°`� �" P.O. BOX 5017 31 UPLAND, CA 91785-5017 Cx. (909) 985-0345 PRINTED IN COOPEAATIONWTTH THE AMERICAN INSTITUTE OFARCHITECTSCANBY THE FRONT:EA .• r t t',l At INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312.1984 1 GUAGE USED IN AIA DOCUMENT A312.DECEMBER.ISM EDMON.TMRD PRINTING.AIARCK 198T. 0 FM 19-1194A(12194) w•11surs su ' CAL1PbhNIA ALL-42WIP09h ACKNL1tVY[. bUMENT ' ' Slate of Callfornla ' coutilyof San 18ernardino On 22-22 .bvfary rr,v. CLAUDETTC No Mp le .rrr-N rA O peravr,ally oppearadr bWIt1111' • JU persor,nlly known to me 0 proved.fo me on ll,e basls ot-sellslaclory evlder,ce 10 be [!,e pe►eorrEi) wleoea rlamalb) 1;18Lb _ gvbscritled to the wlthln .histrurneril and • ' -'" ecknowlsdged to tng lhat 1)(110 AA4 exaculed - •CLAuDEM LIvAM•- the enme In hle/rtdlAVOr •oulhotlied Cornmission lr 1177M. y k, nr,d that by 'f,lsnftO M rot... co)xacll (t -� --•ypubAc�Ca..lcmk� sigrialutePI)vri Ilse Inslrtlrnent Ilia persori(A),or San Bcrr=Erio C mIY•-- �` 1110 enill u an behalf of W111Jr lire b.ersontn) . - NyCcarr'rttF�r+�141v�9.�3'Z Y. p . . _ _ __ i - acted, executed file Instrumeld. WITN SS my hattd and 0111clal seal. mce H91e•Ir See,Abe+.e Sy^e+�+e wl nw..2 r%A.% CLAUUETTE N. NARTIN OPTIONAL Ilrovg►r IN h1tonnarlorr be►ow is nor requrred by rnsr•R rnrr Provo vervehre to remons rery4rg orr thi ciate"rent and could prevent treudulear removal and rearleclrnrenr of th/9 Ivan N enotfler document. Desettpllon 'tit Attached tincument .. , 7Ilia or Type at Document: PERFORMANCE BOND boctnner,t aat�: DECEMBER 22, 1999 Nurnfrer of f'oges: _ _ • I Slgner(s)Other Than Nan,gdAbovo: NONC Capactly(les) Cjntmert by Stgtrer . Sigr,ei's Na1ne: , DNIC!!T REILLY----------- ---- — --- , 0 Indrvrdual roo or V!urnb I•ete ' t7 Cornorato pritcer 7ltla(s): ❑ Partner ❑l hulled ❑Gervarer t Y Attorney In r-ect • ❑ Trustee a ❑ Ou�rdren or Conservator• . • ❑ 61110r• • Signer 1s Plapresol,ttr,g; FRONTIER INSURANCE COMPANY O Ier►keeo..er Nvre'r A,roo,erlen•1310 of 11e1e A.e..Pa.Bee 2401•C1.e11+.ae•.CA 21313-1402 Pied.He./var header Cew rW r.�i r-tM0 NI Ortl i -rar��ier INSURANCE COMPANY 2636 Elm[lilt Pike Suite 500 Nashville,TN M2141 IA Stock Company) POWER OF ATTORNEY titttttt All RICH 1IL (These jlrrsrttts: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office to Rock Hill.New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 411h day of November.1935 "RESOLVED.that the Chairman of the Boa-d.the President,or any Vice President be.and hereby is,authorized to appoint Altorneys•in- Fact to represent and act for and on behalf of the Company to execute bonds.undertakings.recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seat of the Company,in the transaction of its surety business. "RESOLVED•that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures or tacsimite sear shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial cert fication that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Arorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and b�jthe authority of the above Resolution, DOES HEREBY MAKE,CONSTITUTE AND APPOINT: H.J. DECK DWIGHT REILLY VICKI MARTINEZ CHRISTOPHER S.HOPPER of Upland ,in the State of Califomia its true and lawful Attorneyls)-in-Fact wit'i full power and authority hereby conferred in its name•place and stead to sign,execute,acknowledge and deliver to its behalf,and as its act and deed,without power of redelegation,as follows- Bolls guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than Insurance policies;and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION($5,000,000.00)DOLLARS;and to band FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as It such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the au ttority herein given are hereby ratified and confirmed. 34t Vitnese'Whereof,FRONTIER INSURANCE COMPANY of Rock Hill.New York•has caused this PowerofAttorney to be signed by its President and its Corporate seal to be affixed this 26th day of August .19 97 FRONTIER INSURANCE COMPANY C;1A State of New York � BY. County of Sullivan ss.: THEODORE .RUPLEY,President On this 26th day of August 19 97 before the subscriber,a Notary Public of the Stare of NewYork in and for the County of Sullivan,duly commissioned and qualified,came THEODORE J.RUPLEYof FRONTIER INSURANCE COMPANY to me personally known to be the Individual and officer described herein,and who executed the preceding Instrument,and acknowledged the execution of the same,and being by me duly swom,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corpora's Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding Instrument,Is new in force. 31it Tire tivitatig Alherruf,I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. r ALICIAA.tANESE Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission Expires July S.2000 I,JOSEPHP.LOUGHLIN.Secretary ofFRONTIER INSURANCE COMPANYofRCf kHil1,NewYork,doherebycertifythattheforegoingResolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto.are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect 31111 Xitnrss phrrtd, I have hereunto set my hand and affixed the facsimile seal of the corporation this 22ND day of DECEMER .19 99 *%ORAN,, Wk ��•sue JOSEPH P.LOUGHLIN,Secretary 10 Notice to the Surety,the Owner or the Contractor shall be amounts received or to be received by the Owner In mailed or delivered to the address shown an the signature settlement of Insurance or other claims for damages to page. which the Contractor Is entitled.reduced by all valld and p 11 When this Bend has been furnished to comply with a roper payments made to or on behalf of the Contractorunder the Construction Contract statutory or other legal requirement in the location where the construction was to be performed,any provision in We Mad" '" 122 Constructlon Contract The agreement between the conflicting with said statutory or legal requirement shall be Owner and the Contractor Identified on the signature deemed deleted herefrom and provisions conforming t0 page. including all Contract Documents and changes such statutory or other legal requirement shall be deemed thereto. Incorporated herein.The Intent Is that this Bond shalt be 12.3 Contractor Default Failure of the Contractor.which construed as a statutory bond and not as a common law bond � has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction 12 DEFINITIONS Contract. 12.1 Balance of the Contract Price: The total amount 12.4 Owner Default Failure of the Owner, which has payable by the Owner to the Contractor under the Con- neither been remedied nor waived,to pay the Contractor struction Contract after all proper adjustments have been as required by the Construction Contract or to perform made. Including allowance to the Contractor of any and complete or comply with the terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below foradditional signaturesof added parties,other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal FRONTIER INSURANCE COMPANY (Corporate Seal Signature: Signature: Name and Title: Name and Title: Address: , . Address: Countersigning Agent PWNTED IN COOPERATIO N WITH THE AMER:CAN INSTITUTE OF ARCWrECTSWN BY THE FADNTIEA INSURANCE cOMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN. A312-1984 3 GUAGE USED IN AIA DOCUMENT A312.DECEMBER,1984 EOrnON.THIRD PRINTING.MARCK 19E7. ! FM 19-1194Af121441 CAbionkl ALL-PUnPosE ACKHOWLEVOMEUT ' CCf:�:t'4!="+t77�!TRY .. . . . -. .. .C��Cy;;Q'GiC!:eC`':CSICTA�'!CS.SrKSiC!�CSfi^•.r•;�CfeCr!;r�rS'S1C��C�C� , Slate of Catlrornla County of 5A fs BERttARDIHO — ss. On ;12—Z2"99 ,baloreme. CLAUDETTE 11. HARTII1r VOTARY PUBLIC .. ... ... personally appeared DWICIIT RCILLY----------•--------------------- IN personally known to me 0 proved to "me ell Ilia basis of eallsfaclory evld©nco to be Ilia personfi) whose ngme�S) subscribed to Ilse wllliln Instrument and acknowledged to me flint hehjKX j execulad - = omml lorl911nmi� Ilia some' In hlsllNf WK)j authorized Commissiort t<71TT136`=_ i� 5�.; ho`�yPubTc-CoIlf Capacfty(IKj, and flint by 111sROKAK ` s�J Scn GetnarcEm Cowd,/�-� 6lgnatuls(N an 11re Insliumenl the perspl S),or tvyC:crrml I .7]�Z Ilse entity upon behalf of which Ilse personQc) : _ _ + licled, executed the Instrument. ► . WITNESS my band and olllclal goal. CLAUDETTE- H. MARTftl- ; OPTIONAL T_houph rho Girornrarfon below Is not raqulred by row.N may prove voruobte to persons ratjlllg on flit documanf and could prtvenr Gaudufonf rarlfovol aped roanodlmarir of flits fonrr to 1lnolher docurnerrf. Descripllon of Allnched Doctiment Titiu or Typo of Document: PAXMf;tlT 17011D Document Data: DECEMBER 22 r. 1999 tlurnber of Pages: 1 ' Signers) Other Ilion Harnad Above: tlONE _ • —_ Capaclty(les)Clalnted by Signer Signer's flume:_j2tLJSrl J ------ — ---- — — ❑ ivldual roe of r IrnrnC rn.e 0 Corporate 0111ce r—Tills(s): - O Penner—❑Llmtlea a Qenerof , CR Attorney In Foci Q Trustee O Ouardlin or Conservator , ❑ Otlier: Signer Is nepresentingFRONTIER INSU NCR MUMMY u ¢L'ct.'r�r�,'rat-'r.�'tlTt%Z:rt'�CC�r�CL'cC�i.•cL•ct•ri,�t, J •. • O Ill/r tfar .el lbury A.fec4lbn-W750 at set.A.*.•P O.e..710!•cl•.M••vM•cA l lib f tOf pew,low.190r 140.09•t Celt rod xnr 1.100 oft 117f� .1 ' -ren der INSURANCE COMPANY 2636 Elm Bill Pike Suite 500 Nashville,TN 37214 to stock Company) POWER OF ATTORNEY A titrltt All 3RICII Dili these jIrrarltta: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office m Rock Hill.New York,pursuant to the lollowing resolution,adopted by the Board of Directors of the Corporation on the 46 day of November,1985: "RESOLVED.that the Chairman of the Board,the President,or any Vice Pfesident be,and hereby is,authorized to appoint Attorneys-in- Fact to regr ese nt and act for and on behalf of the Company to execute bonds,undertakings•tecognizances and other Contracts of indemnity and writings obligatory in the nature thereof.and to attach thereto the corporate seal of the Company,in the transaction of its surety business, "RESOLVED,that the signatures and aeestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any cerul,cate relating thereto by facsimile,and any such Power ct Attorney or certificate bearing such facsimile signatures of facsimile seat shall be valid and binding upon the Company when so allixed with respecito any bond,undertaking,recognizance or other contractor indemn ty or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in ettect may insert in such certification the date thereof.said date to be not later than the date of delivery thereof by such Anorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE.CONSTITUTE AND APPOINT; H.J.DUECK DWIGHT REILLYVICKI MARTINEZ CHRISTOPHER S.HOPPER of Upland ,in the Stare of CaiifOrnia its true and lawful Attorneytsl-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deriver in its behalf,and as its act and deed,without power of redetegation,as follows- Bonds guaranteeing the fidelity of persons holding places of publ;c or private trust;guaranteeing the performance of contracts other than Insurance policies; and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION(S5,000,000.00)DOLLARS.and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE +COMPANY.amid}all the acts of said Atiomey(s)-in•Fact pursuant to the authority herein given are hereby ratified and confirmed. Ti. lt little sts'IVherrof,FRONTIER INSURANCE COMPANY of Rock Hill,New York,has caused this Power of Attorney to be signed by its Pres:dent and its Corporate seal to be affixed this 26th day of August •19 97 FRONTIER INSURANCE COMPANY Sir- State F State of New York BY; BY: County of Sullivan ss.: � f THEODORE J.RUPLEY,President On this 26th day of AU USt 19 97 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to me personalli known to be the individual and officer described herein,and who executed the preceding Instrument,and acknowledged the execution of the same,and being by me duly swom,deposed and said,that he Is the officer of the Company aforesaid,and that the seat affixed to the preceding Instrument is the Corporate Seal cf the Company,and the Corporate Seal and signature as an officerwers duly aT. xed and subscribed to the said Instrument by the authority and direction of the Corporation,and that the resolution of the Company, referred to in the preceding instrument,Is new in force. -7tt il:catintouLf AIherrof,1 have hereunto set my hand,and affixed my official seat at Rock Hill,New York,the day and year above v4itten, �. f A.yk�_ µOT,RI, - a. Ali G� V,01 sut ALICIAA.LANESE O"''A Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission Expires July 8,2000 I,JOSEPH P.LOUGHLIN.Secretary of FRONTIER INSURANCE CObrPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attumay issued pursuant thereto.are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. 3ti Pitttras 011errdf. I have hereunto set my hand and atlrxed me facsimile seal pt the corporation this 22N❑ day of DECEMBER •199 9 b JOSEPH P.LOUGHLIN.Secretary I The Contractor and the Surety,jointly and severally,bind 6.1 Send an answer to the Claimant,with a copy to the themselves.their heirs, executors. administrators.succes- Owner,within 45daysafterreceiptof the claim,,statingthe ears and assigns to the Owner to pay for labor,materials and amounts that are undisputed and the basis for challeng- equipment furnished for use in the performance of the Con- Ing any amounts that are disputed. struction Contract,which is incorporated herein by reference. 4,2 Pay or arrange for payment of any undisputed 2 With respect to the Owner,this obligation shall be null and amounts. void it the Contractor. 7 The Surety's total obligation shalt not exceed the amount 2.1 Promptly makes payment,directly or Indirectly.for all of this Bond,and the amount of this Bond shall be credited for sums due claimants.and any payments made in good faith by the Surety. 2.2 Defends,indemnifies and holds harmless the Owner 1 Amounts owed by the Owner to the Contractor under the from claims, demands, liens or suits by any person or Construction Contract shall be used for the performance of entity whose claim.demand.fienorsuitis for lhepayment the Construction Contract and tosatistyclaims,if any.under for labor,materials or equipment furnished for use in the any Construction Performance Bond.By the Contractor fur- performance of the Construction Contract,provided the nishing and the Owner accepting this Bond,they agree that Owner has promptly notified the Contractor and the all funds earned by the Contractor In the performance of the Surety(at the address described in Paragraph 12)of any Construction Contractare dedicated to satisfy obligations of claims.demands.liens or suits and tendered defense of the Contractor and the Surety underthis Bond,subject to the such claims.demands,liens or suitsto the Contractor and Owner's priority to use the funds for the completion of the the Surety,and provided there Is no Owner Default. work. 3 With respect to Claimants,this obligation shall be null and 9 The Surety shall not be liable to the Owner,Claimants or void if tte Contractor promptly makes payment,directly or others for obligations of the Contractor thatare unrelated to indirectly,for all sums due. the Construction Contract.The Owner shall not be liable for ' 4 The Surety shall have no obligation to Claimants under paymentof any costs Orexpensesof any Claimant under this this Bond until: Bond,and shall have underthis Bond no obligations to make payments to, give notices on behalf of, or otherwise have .4.1 Claimants who are employed by or have a direct obligations to Claimants under this Bond. contract with the Contractor have given notice to the 10 The Surety hereby waives notice of any change.inctud- Surety (at the address described in Paragraph 12) and Ing changes of time,to the Constructign Contract ortoreiat- sent a copy,or notice thereof,to the Owner.stating that ed subcontracts,purchase orders and other obligations. claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 11 No suit or action shall be commenced by a Claimant 4.2 Claimants who do not have a direct contract with the under this Bond other than In a court of competentjurlsdic- Contractor. tion In the location In which the work or part of the work is located or after the expiration of one year tram the date(l)on ,1 Have furnished written notice to the Contractor which the Claimant gave the notice required by Subpara- and sent a copy,or notice thereof,to the Owner, graph 4.1 or Clause 4.2(iii),or(2)on which the last labor or within 90 days after having last performed labor or service was performed by anyone or the last materials or last furnished materials or equipment Included In equipment were furnished by anyone under the Construc- the claim stating, with substantial accuracy, the tion Contract,whichever of(1)or(2)first occurs.If the provi- amount of the claim and the name of the party to sions of this Paragraph are void or prohibited by law,the whom the materials were furnished or supplied or minimum period of limitation available to sureties as a de- for whom the labor was done or performed;and fense in the jurisdiction of the suit shall be applicable. .2 Have either received a resection In whole or In 12 Notice to the Surety,the Owner or the Contractor shall be part from the Contractor,or not received within 30 mailed or delivered to the address shown on the signature days of furnishing the above notice any communi- page.Actual receipt of notice by Surety,the Owner or the cation from the Contractor by which the Contractor Contractor,however accomplished,shall be sufficient com- has Indicated the claim will be paid directly or Indi- pliance as of the date received at the address shown on the redly;and signature page. .3 Not having been paid within the above 30 days. 13 When this Bond has been furnished to comply with a have sent a written notice to the Surety(at the ad- statutory orother legal requirement In the location where the dress described In Paragraph 12)and sent a copy. construction was to be performed.any provision in this Bond or notice thereof,to the Owner,stating that a claim conflicting with said statutory or legal requirement shaft be is being made under this Bond and enclosing a deemed deleted herefrom and provisions conforming to copy of the previous written notice furnished to the such statutory or other legal requirement shall be deemed Contractor. Incorporated herein.The Intent Is that this Bond shall be 3 It a notice required by Paragraph 4 Is given by the Owner construed as a statutory bond and not as a common taw to the Contractor or to the Surety,that Is sufficient compl- bond. ante. 14 Upon request by any person or entity appearing to be a B When the Claimant has satisfied the conditions of Para- potential beneficiary of this Bond, the Contractor shall - graph 4,the Surety shall promptly and at the Surety's ex- promptlyfurnish a copyofthis Bond orshall permitacopyto pense take the following actions: be made. PRINTED IN COOPERATION YATH THE AM ERICAN INSTITUTE OF ARCHITECTS WA)9Y THE FRONTIER INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LAN. A312.1964 5 GUAGE USED IN AIA DOCUMENT A312.DECEMBER.ISU EDITION,THIRD PR:NTIN4.MARCH,1987. FM 19.1195A t22/9413 w.1=141"-w DUPLICATE ORIGINALS 0 P0 NEr INSURANCE COMPANY ROCK HILL,NEW YORK 12775-WW (A Stock Company) PREMIUM: 585.00 AIA Document A312 EXECUTED IN DUPLICATE Performance Bond . No. SDOD027802 ' Any singular reference to Contractor,Surety,Owner or other parry shall be considered plural where applicable. CONTRACTOR(Name and Addre'ss): SURETY(Name and Principal Place of Business): S. PARKER ENGINEERING, INC. FRONTIER INSURANCE COMPANY 10059 WHIPPOORWILL AVENUE • Rock Hill.NY 12775-8000 FOUN"2AIN VALLEY; :-CA 92708 OWNER(Name and Address): CITY OF HUNTINGTON BEACH P.O. BOX 190 2000 MAIN STREET HUNTINGTON BEACH;. CA 92548 CONSTRUCTION CONTRACT Date: Amount: THIRTY NINE THOUSAND THIRTY DOLLARS AND NO/100 Description(Name and Location): CONSTRUCTION CONTRACT FOR INTERSE CCION IMPROVEMENTS AT HEIL AVENUE .AND SAYBROOK LANE. BOND Date(Not earlier than Construction Contract Date): DECEMBER 22, 1999 Amount $39,030.00 Modifications to this Bond: QNONE 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY S. PARKER ENGINEERING, INRorporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) ' Signature -' Signature: d Name and Title: VtS r Name and Tile: bWIGHT I TArfj•.6"'t4- . Attorney-In-Fact This bond shall not be valid or enforceable until executed by all parties named herein. (ANY Abd17IONAL SIGNATURES APPEAR ON PAGE 3) (FOR NVFDRMATION ONLY—Name.Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATNE-(Architect,Engineer or CROSB Y INSURANCE, INC. other party). AI'.:;;'�S� AS •1" r P.O. BOX 5017 CA?L s sTn;l UPLAND, CA 91785-5017 "Y (909) 985-0345 CITY. =•i` -} PRINTED IN COOPERATION WITH THE AMEFICAN1NSTITUTEOFARCHITECTSMBY THE FRONTIER L y., It :tt0412.119 INSURANCE COMPANY.THE LANGUAGE IN THIS DOCUMENT CONFORMS ExACTLY TO THE LAN• 4- 84 1 GUAGE USED IN AIA DOCUMENT A312.0ECEMSER 1984 EDITION.THRD PRINTING,UMCK 1N7. FM 19-1194At121941 w t law • �+r CAL11FOhNIA ALL&APUtIP69li ACKNOWLE60MENT ' Slaie-of(3811I0Tnra Sari Derhardina sg' Coilnty of • r On I2-2 ,; ,before fno, CLAU�b_C_T7TE N. � M_A•RJT�I N TA RY U GI �oToo„aily uppoarod dWI[1IlT 11f;ILLY---__.:^_,:._-----__ -_:.___ • $.3 personAy known to me 0 proved-to me on the bests of-ftat[staciory evidence' • to be Ihs •peraora1i) Whose 14mo(6) Is/102l 1gubscrtbed to Ilia willlln .IrtslTumerit and acknowledged Io me 11101 lle/04104 executed, _ CI.UIID!ZrM�H.wjma`- 11re seine In hIslllldl�tlfi r aulllodi'ed Cornm%do I ]�Tl936 j Nalarypubrc••CaLforrl< cr'paclty(4g), and that by 'h1s11ht1l" „ San Bcma,,Ino Cm :-- slgnoturepl)oft Ilia Instrument Ilia person(A),or NY CarrmEq*=ht[Z.= the entity upon beflarf of whlch (fie persan(pi) _ _ _ acted, execuled Ilia IIIs1rumenl. WITNESS my Hand and olticial seal. lip mot*Ner..p itt.d Abw" Sly.4,1_0 of r"rtaft CLAUDCTTC tf. MARTIN • • - - OPTIONAL Tlpough f/le dllfamrallwr befow Is r►vt svgvtred by fnly,A nre}%prnvo ratuable to persons re"Pg art fire doctn+renr • . and cauld prevenf fraudulent►lnlovot errd reeffachmeof of flits fart to enorher document. IDescrlptlon of Attached Ncurnent .. lilts or Typo of Vocumonl: PERFORMANCE EIOND •bocumahl bete: DECEMBER 22, 1999 Number of Pages: A . Slarler(s)OI11erTllan Named Above: NONC Capaclty(les) Clnirned by Slgner • . Si�rre�'e Nsme: DWICIIT ItCILLX--- ---- ---- --- ----- — L7 Individual rbo o•rw++b r+eq 0 Corpotale Orlicer .1111e(s): 0 Patiner—0 United ❑Genenit N Allomey in fact 0 Trustee 0 Guardian or Conservalor, C1 biller- • Slgner Is 1:1epresenling: FRONTIER INSURANCE COMPANY , C lilt?Norb,ml Noltry At"K1*%n•1950 a• Dom V40I•Cr..l,..a.e%CA t1?13-2402 prod.Nv.I"? flood*,-Coil re0-Fie r 1-1001r1 462r -rantier fNSURANCE COMPANY 2636 Elm Hill Pile Suite 500 Nashville,TN `A'M IA Stock Company) POWER OF ATTORNEY }ittoltr All 3-frif 1I11 Thrsr Prrsrut,s: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office rn Rock Hdr,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th eay of November.1935. "RESOLVED.that the Chairman Of the Board.the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for a nd on behalf of the Company to execute bonds.undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the Corporate seal of the Company,in the transaction of its surety business. "RESOLVED.that the signatures and attestations of such officers and the seal of the Company may be atlixed to any such Power of Attorney Otto any Certificate relating thereto by facsimile,and any such Power of Anorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respectto any bond,undertaking,recognizance or othercontract of indemrrty,or writing obligatory in the nature thereof. `RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions suit be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE.CONSTITUTE AND APPOINT: H.J. DUECK DWIGHT REILLY VICKI MARTINEZ CHRISTOPHER S. HOPPER of Upland ,in the Sate of Califomia its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its tehalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fideliy of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION($5,000,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. ,I at tip it itrss 3114rrrof,FRONTIER INSURANCE COMPANY of Rock Hill,New York,has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 26th day of August -19 97 FRONTIER INSURANCE COMPANY M�Y•4 yCt State of New York "O� - County of Sullivan ss.: THEODORE J.RUPLEY President On this 26th day of August ,19 97 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding Instrument,and acknowledged the execution of the same,and being by me duly swom,deposed and said,that he Is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to fate said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument,is now In force.1L d11 re`iMORLY)11llrrc0f,1 have hereunto set my hand,and affixed my official seal at Rock Hilt,New York,the day and year above vrnften. TARP ALICIAA,LANESE Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission Expires July 8.2000 I,JOSEPH P.LOUGHLIN.Secretary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of A=11`19y issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect -lti Vitntas 311herrof, 1 have hereunto set my hand and affixed the facsimile seal of the corporation this 22ND day of DECEMBER . 19 99 o J JOSEPH P.LOUGHLIN.Secretary 10 Notice to the Surety,the Owner or the Contractor shall be amounts received or to be received by the Owner in mailed or delivered to the address shown on the signature settlement of Insurance or other claims for damages to page. which the Contractor Ia entitled,reduced by all valid and proper payments made to or on behalf of the Contractor 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the under the Construction Contract ccnstructlon was to be performed,any provislon In this Bond 12.2 Construction Contract The agreement between the conflicting with sold statutory or legal requirement shall be Owner and the Contractor identified on the signature deemed deleted herefrom and provisions conforming to page, Including all Contract Documents and changes such statutory or other legal requirement shall be deemed thereto. Incorporated herein. The intent Is that this Bond shall be 12.3 Contractor Default Failure of the Contractor.which construed as a statutory bond and not as a common law band. � has Walther been remedied nor waived, to perform or otherwise to comply with the terms of the Construction 12 DEFINITIONS Contract 12.1 Balance of the Contract Price: The total amount 12.4 Owner Default Failure of the Owner, which has payable by the Owner to the Contractor under the Con- neither been remedied nor waived.to pay the Contractor struction Contract afterall proper adjustments havebeen as required by the Construction Contract or to perform made. Including allowance to the Contractor of any and complete or comply with the terms thereot. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL. SURETY (Corporate Seal) FRONTIER INSURANCE COMPANY (Corporate Seal) `• Signature: Signature: Name and Title: STC-%-� Prti}Cktf'32-- - - Name and Title: Address: Address. Address: T Countersigning Agent f D05'5 6Vh[1010"V;C t 1 f l ram= � �1 ,Vr i E y c.�a. J L7.: PRINTEDIN COOPERATION WITHTHE AMERICAN InST±TIJTE Of ARCHITECTS LAW BYTHE FRONTIER i INSURANCE COMPANY.THE LANGUAGE W THIS OOCuUENT CONFORMS EXACTLY TO THE LAW A312-1984 3 GUAGE USED IN ALA DOCUMENT A312,DECEMBER.1964 EDffKK THIRD PRINTINCL MAACK 19e7. � CL#10.1 i4AA M91A11 wats2�uws�+ ' CALIF011 "IA ALL-PUniVOSE ACKNOWLEDGMENT- CG4_74Y^;41.�4�;1C1:. .. .. �iC!'!r4lC!iCSeC:7C!:4!?CSCS.CtiC' !'F:S•.C.: 'CV, E..'.rC'!::44:�CS. Slate of California ss. , -County o1 SAV ,VET HARDIU0 —� On 12-22-99 • before me• CLAUDETTE II. HARTIN, 110TARY ]PUBLIC personally appeared DWIGHT REILLY------------------------------- personally known to me ❑ proved to me on the basis of sallslactory evidence to be 1119 person¢]} whose nameN) Is/*X ' ..- ---<--- ---r subscribed to Ilse within instrument and ,CMDEI1' UMARM ! acknovYlodged to me that ho1FW XhN executed - '"' Commission#1lTJy3l= 1 Ilia same In hf91JNgWh* autlfoll EY „p tvo'arypubAc-CaifamkI: capacily(IKN. and drat by 111sR49KAR xn9emcurcEnoCatmrf slgnalure(jo on Ilse Instrument(lie persOripS).or 11!yt.arvn•Fhk •7t Ilse entity upon behalf of which Ilse personQe) . acted. executed Ilia Instrument. ' WITNESS my hand and ol(lclal seat. I";ft►1ol.q a.dAno•v r $"K:e Of 14-.'J:•r r•„wft • t CLAUDETTE• H. MARTIN OPTIONAL though trio hdomlartan Wow is riot required by tow.fr mar prove valuable to persons retying al Ilse documonf and eoutd prevent kauduferlf removal arid roartaehrnenf of flits!anti to enouter document Descrfpllon of AlllachZd Document 71t10 or Type of Document: PAYtIEt{l JDQt?D _ _ Document Dale: DECEMBER 22,. 2999 Number of rages: 2 Signer(a)01hor Than Named Above: ['LONE . .r Capaclty(les) Claimed by Signer a Signer's Name: LY--- --------- ❑ indlv(duaf Top of V"fl"help ❑ Corporate 011lcer—Tltle(s): - ❑ Partner•—❑Limited ❑General - 1�t Attorney In Fact ❑ T►uslae ❑ Quardlan or Conservalof ❑ Other: Slgner Is nepresenting 'RONTiEK INSURA�VCF_COMDANY o "C=ZZ.'c VLPLMOCA. a Ivor ff•,bn.r►1o0•7 A•.ocielo,•9150 09 lots A.#.,r0.ea.8402•CAstt••wIN CA #1312 1401 red.no.2101 ►]+ads'.Coo 144-11rlio 1$00 ire/111 d • ;.rloj 1 tier INSURANCE COMPANY 2636 Elm Hill Pike Suite 500 )Nashville,TN Au 4 (A Stock Company) POWER OF ATTORNEY 11,11uttt All Neu 1I1► Threr jJlresctlta: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office to Rock Hill,New York,pursuant to the following resolution,adopted by the Beard at Directors of the Corporation on the 41h day of November.1985: —RESOLVED.that the Chairman of the Board,the President.or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act lot and on behalf of the Company to execute bonds,undertakings.recognizances and other contracts of indemnity and v►rdrngs obligatory in the nature thereof.and to attach thereto the corporate seal of the Company,in the transaction of its surety business. "RESOLVED.that the signatures and atlestations of such officers and the sear of the Company may be affined to any such Power cl Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or IaCsimile Seat shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contractof indemnity or writing obligatory in the nature thereof; "RESOLVED.that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof•said date to be not later than the date of delivery thereof by such Attorney-in-Fact" This Power of Attorney is signed and seated In facsimile un1j,a id66j7_{ythonty I&)e$b t��I�o] t, DOES HEREBY MAKE.CONSTITUTE AND APPOINT: l�il J VIIC[]KI MISARTIN Z t1 f CHLRISTTOPHER S. HOPPER of Upland ,in the State of Cafifomia its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegaiion,as follows Bonds guaranteeing the ffdetiy of persons holding places of public or private trust;guaranteeing the performance of contracts other than Insurance policies;and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed. IN AN XMOUNT NOT TO EXCEED FIVE MILLION($5,000,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as It such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fad pursuant to the authority herein given are hereby ratified and confirmed. A tt Vitttess 30h erruf,FRONTIER INSURANCE COMPANY of Rock Hi:I,New York,has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 26th day of August •19 97 FRONTIER INSURANCE COMPANY liFAl State of New York v'+e•` r BY: County of Sullivan Its: - THEODORE J.RUPLEY,President On this 26th day of August 1997 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to me personally known to be the Individual and officer described herein,aid who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly swom,deposed and said,that he is the officer of the Company aforesaid,and that the seat affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duty affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding Instrument Is now In force. Sit Cretimong 3Mhrrrof,f have hereunto set my hand,and aff xed my official seat at Flock Hilt,New York,the day and year above*riffen. r • rOO'TARY LZu- � 0- A .,pue�+t ALICIAA LANESE •�`Os•''A Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission Expires July a.2000 I,JOSEPH P.LOUGHLIN.Secretary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued Pursuant thereto,are true and correct_and that both the Resolution aid the Powers of Attorney are in full force and effect. Zit Fitness Phrrrof, 1 have hereunto set my hand and affixed the facsimile seal of the corporation this 22ND day of DECEMBER •19 99 �,�..•E��w �i+u` !� 1 •ro JOSEPH P.LOUGHLIN.Secretary I The CCritractor and the Surety.jointly and severalty,bind 6.1 Send a IV to the Claimant,with a copy to the themselves,their heirs.executors.administrators.succes- Owner.within 45 days after receipt oftheclaim,statingthe sors and assigns to the Owner to pay for labor,materials and amounts that are undisputed and the basis for challeng. equipment furnished for use in the performance of the Con- Ing any amounts that are disputed. structionContract.whichisincorporated herein byreference. 6.2 Pay or arrange for payment of any undisputed 2 With respect to the Owner.this obligation shall be null and amounts. void if the Contractor. 7 The Surety's total obligation shall not exceed the amount 2.1 Promptly makes payment,directly or Indirectly,for all of this Bond,and the amount of this Bond shalt be credited for sums due claimants,and any payments made in good faith by the Surety. 2.2 Defends,indemnifies and holds harmless the Owner 8 Amounts owed by the Owner to the Contractor under the from claims. demands, liens or suits by any person or Construction Contract shall be used for the performance of entity whose claim.demand,lien or suit is forthe payment the Construction Contract and to satisfy claims.lfany,under for later.materials or equipment furnished for use in the any Construction Performance Bond_By the Contractor fur- performance of the Construction Contract provided the nishing and the Owner accepting this Bond,they agree that Owner has promptly notified the Contractor and the all funds earned by the Contractor In the performance of the Surety(at the address described in Paragraph 12)of any Construction Contract are dedicated to satisfyobligations of claims,demands,liens or suits and tendered defense of the Contractor and the Surety underthis Bond.subject to the such claims.demands.liens or suits to the Contractorand Owner's priority to use the funds for the completion of the the Surety.and provided there Is no Owner Default work. 3 With respect to CWmants.this obligation shall be null and 9 The Surety shall not be liable to the Owner.Claimants or void if the Contractor promptly makes payment,directly or others forobligations of the Contractor that are unrelated to Indirectly.for all sums due. the Construction Contract.The Owner shall not be Gable for 4 The Surety shall have no obligation io Claimants under payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligations to make this Bond until: payments to, give notices on behalf of. or otherwise have .4.1 Claimants who are employed by or have a direct obligations to Claimants under this Bond. contract with the Contractor have given notice to the 10 The Surety hereby waives notice of any change.includ- Surety (at the address described In Paragraph 12) and Ing changes of time,to the Construction Contract orto relat- sent a copy,or notice thereof,to the Owner,stating that a ed subcontracts,purchase orders and other obligations. claim Is being made under this Bond and,with substantial accuracy,the amount of the claim. 11 No suit or action shall be commenced by a Claimant 4.2 Claimants who do not have a direct contract with the under this Bond other than in a court of competent jurlsdic- tion in the location In which the work or part of the work Is Contractor. located or after the expiration of one year from the dare(1)on .1 Have furnished written notice to the Contractor which the Claimant gave the notice required by Subpara- and sent a copy, or notice thereof,to the Owner. graph 4.1 or Clause 4.2(iii),or(2)on which the last labor or within 90 days after having last performed labor or service was performed by anyone or the last materials or last furnished materials or equipment Included In equipment were furnished by anyone under the Construc- the claim stating. with substantial accuracy. the lion Contract,whichever of(1)or(2)first occurs.If the provi- amount of the claim and the name of the party to sions of this Paragraph are void or prohibited by law,the - whom the materials were furnished or supplied or minimum period of limitation available to sureties as a de- for whom the labor was done or performed;and tense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection In whole or In 12 Notice to the Surety.the Owner or the Contractor shall be part from the Contractor,or not received within 30 mailed or delivered to the address shown on the signature days of furnishing the above notice any communi- ' page.Actual receipt of notice by Surety,the Owner or the cation from the Contractor by which the Contractor Contractor.however accomplished,shall be sufficient com- has indicated the claim will be paid directly or Indi- pliance as of the date received at the address shown on the rectly,and signature page. .3 Not having been paid within the above 30 days. 13 When this Bond has been furnished to comply with a have sent a written notice to the Surety(at the ad- statutory or other legal requirement in the locationwherethe dress described in Paragraph 12)and senta copy. constructionwastobe performed.anyprovWoninthis8ond or notice thereof,to the Owner.stating that a claim conflicting with said statutory or legal requirement shall be Is being made under this Bond and enclosing a deemed deleted herefrom and provisions conforming to copy of the previous written notice furnished to the such statutory or other legal requirement shall be deemed Contractor. Incorporated herein.The Intent is that this Bond shall be S It a notice required by Paragraph 4 is given by the Owner construed as a statutory bond and not as a common law to the Contractor or to the Surety,that is sufficient compl- bond. ante. 14 Upon request by any person or entity appearing to be a 6 When the Claimant has satisfied the conditions of Para- potential beneficiary of this Bond, the Contractor shall graph 4,the Surety shall promptly and at the Surety's ex- promptlyfurnishaCopyof this Bond or shall permitacopyto pense take the following actions: be made. PRINTEWN COOPERATION WITH THEAMERICAN INSTITUTEOFARCHITECTS lAU)BY THE FRONTIER INSURANCE COMPANY.THE LANGUACE IN THrS DOCUMENT CONFORMS EXACTLY TO THE LAN- A312-1984 5 GUAGE USED IN AIA DOCUMENT A712.DECEMSER.1944 EMT10K THIRD PRINTING.MARCH.1987. FM 19.1195A 112194) ' u4s4+ yr 12/30/1999 16:38 90998191A5 CROSBY INSLIRANCE INC�4 , e AGE 02 ACED_ CERTIFICAYE OF LIABILITY INSURs--NCEcsR D pATEpAIM, ARK,-D i2/30/9/99 PRCDUCER Q..w! < THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crosby Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE H..T. Oueck Agency, Inc. /1r4• 00,1 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 5017 / rd.&CC q/a0�9 q ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Upland, CA 91785-SOI7 07 Phone: 909-98S-0345 Fax:909-981•-938� INSURERS AFFORDING COVERAGE 046UNFU INSURER A: ACCEPTANCE INSUMNCE COMPANY INSUASR B. ST.PAUL GUARDIAN INSURANCE CO. s. IAIi I �TGINEERING INC. MNsuReR c 10059 NHIPPWRNILL AYtNUE INSURER Dr. FOUNTAIN VALLEY CA 92708� NSURFR F COVERAGES T1+.E POLICIES OF TISVRANCE LISTED BELOW WIVE BEEN ISSUED TO TIME IPISURED NAMED ABOVE FOR THE POLICY PER;00 MOZATED.NOTWITHSTANCI.'VG ANY RECL'tREMENT.TERM OR CCNOITtON OF ANY CONTRACTOR OTHER COCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 10AY BE ISSUED OR WIT PERTA.N.THE INSURANCE AFFORDED BY THE POLICIES DES CWBED HEREIN IS SUBJECT TO ALL TIME TERNS,EXCLUTONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE WITS SHOWN MAY HAVt BEEN REDUCED BY PAID CL LIV.S. rA TYPEGFM4URUXE POUCrNUMBER DAB911 � I;A � L�tT3 Oe4ERkWAWTY KACHOCCVRR,NCE 12,000,000 A X ODMMERCut GENERAL LIA&LITY CL36601200 00/01/99 08/01/00 FLRE DAMAGE("CM.f.) s 50 000 CM.Ams'me E3 accu>t 0..10 EMa(Any aI.Psmm) s 1,0 00 PERSONAL LA 4RURY $1,000,000 GENERAL A30RE0ATE 13,000,000 OM A6-RZdATi:UWAPPLIES PER PROOUCTS-COMPOOP AGG $2,0 0 0,0 0 0 Potic+r X P LOG AUTOMO$ILEUABUY COM191r.1�EMDWk—LEUM'T t1,000,000 B X ANYAUTo CA06100108 08/01/99 00/01/00 q ALL WYNM AUTOS iSCG]LY 1WURY : SCkEDULED AUTOS IP-PC—) X FLAEDA'UF(X EOCiY NJL'RY f X HONdwN£D AUTOS (Per acck nq PROPERTY DAMAGE (Pa accid" GARAGE UMBiL W AUTO ONLY.EA A=CFNT S ANY ALr.O T1 r' gT41ER THrt1 FA A:C f AIJToONLY: ,� f 0=06 UAB]UTY .. •! IJKIUK EACH OCCURRENCE f OCCUR CLAIMS MADE _ AOOREGAIE f VEDUCTL!LE f RETENTICN 3 WCR%ERS COMPENSATION AND T7pY L"";' PAPI.D'YERT UAW." 'lti.a A a ELEACHACCIDENT S GAIL 11UTTOM eL DISEASE-EAEMP S ELDIGEASE-POLICYLMIT f OTHr'R sY DE.iCRIP CH OF OPERA-"4A=ATID4&Ntiit LE&EX0.uSIOri Y NCOR5F_MFNT6PeGWI PROVISIONZ Re: Heil Saybrook Project;*10 day noV. ee of cancellation for non-payment of premium.City of Huntington Beach, :Lt's agents, officers 6 employeas are hereby named as addtional insured per the attached. CERTIFICATE HOLDER JY ADOITIONALNSUAED.rmRERLEM CANCELLATION HURTIN13 SHOULD ANY OF THE ABOVG CESCRISED POUCIE_S BE CANCELLED BORE THE EX?IPATtON DATE THEREOF,TK9 IUuM W-UREER WU&4&A -MA>L 030 DAYB WRITTEN NOTICE TO 7mr;CERTIFICATE HOLDeR NAMED TO THE CITY OF HUNTINGTON BEACH Dept. of Building 4 Safety ' ` 2000 Main Street nwrs Huntington Beach CA 92648 I ACORD 25-S(7197) *11 ��4=CoRr:)CORPORATION IW8 ` STATE, P.O.BOX 4208-07,PAN FRANCISCO,CA 94142-0807. • COMP.I NSA'yION - IJ Nt' CERTIFICATE OF'WORIO~RV COMPENSATION INSURANCE r' A .13, 1991-) POLICY NUMBER, �.$`I1451 � _ CERTIFICATE EXPIRES. l,. +�• •' ,'+ '. ' 66y¢�tPK,A�IE{+�rrp�SElF�i` j�A1S "w� >j�fZl�,ikrw = _ " r�,#�"3�1ah�t��•9��Cw.Iw°�t•�.�^.��.�'��C3 , '. „ • ' " , ' � S ' ib ` This is to ccrtlfy'•that we have"Iasudd a valid•Workers''Compensation insurance policy in'a forrri al5pnived by the:California Insurancd Comtnissiorrer tb:t�hq employer named below for the policy peridd indicated.. .' '' - •' 9• �'.' '. •/Th1s`polioy is not sutiject#o caiicellatioh�lijr the Furicf except-upon}��yy.�days'advance written notice to the ii'mployer-.- ' • We will alsd give you T days'advance hotioe t F] uld this policy be cancelled prior to its:normal expiration. -jtiis certificate of.insurar)ce is'not an'insurance policy and does,not amend,extend or after the coverage afforded by-the policies+listed herein. Notwithstanding,ai]y;requireriient,•`term, or condition'of• any contract oi-othdr document with_ 'respect to•vrhich this certificate of•insui ance•may be issued or"'may pertain, the insuranes"afforded'by the-policies describe_d'hefein is subject'toiall the terms,exclusions and conditions of such policies. . •''• it '1, '_'•�','••, ••~�•, • .�• ', , . • •- ,. , AUTIi0141ZED•REPf i ESEN-rA-nvE PRESIDENT ea6TY,L3i',W& �sir:ki r�#Gi, pave: " :.�o, �;r f.B'�?,:��`�li 4'F.� I�faL�' '�L� . _. ' , •, '�'w1�1,.��'•�y�':�f:•� •�s".a "�'',�.�� '�' '�T�".+£.'�Ik: �1,1u��.�9`;:.1�'�'TS�'Iw'�ba '_ ��S• ', ,' ;% - , se is !;lr�w-?W) 1.t,406 '4a411..5 A hAT w ras t-a,rt:a' . . , EMPLQYER 0 SA, PARIM91 NAM • •. b�t '��L.Na![�I�r_al�tti.+f�4r�,.-�lS.�, •. ,. . 'r -. ,,. r , , LTHIS DOCUMENTBLUE PATTERNED BACKGROUND POLICYHOLDER'S COPY 19*D CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND S. PARKER ENGINEERINGjrs FOR THE HEILAVENUEJSAYBROOK LANE INTERSECTION �cvtr �ra,yt PROJECT(CC-1099) THIS AGREEMENT, made and entered into this % day of m o6 4*—/ 1991, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as"CITY," and S. PARKER ENGINEERING, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS,CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT,"more fully described as the Heil Avenue/Saybrook Lane Intersection project(CC 1099) 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 I made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT In a good and workmanlike manner. i CONTRACTOR agrees to assume the risk of all loss or damage arising out of the mature of the PROJECT,during its progress or prior to acceptance,from the action of the f elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other.risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or s 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 I I g:agM:s p3rker.09•'091" 4 1 1 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of worn as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms. conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein,and i that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specirications for Public Works Construction, published by Builders'News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto,written and promulgated by the Southern California g:agrms parker:09,D9,'99 2 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or Indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda,the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as"DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Thirty Nine Thousand Thirty Dollars ($39,030). as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion g:agrms p3rker.09,'09199 3 within thirty 30)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 will facilitate the efficient completions of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW. and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. g•agsee:s parker:09lORl99 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the'DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed Is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof;and one in time amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation,fabrication, material or g-agree:s parker-09/0919 5 structural facilities constructed. CONTRACTOR,within ten (10) days after notice by CiTY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten-(10)day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY. as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00)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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g-agreea parker.U9109/99 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy,fire,floods,epidemics,quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall,within fifteen (15)days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the detay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR Is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR,or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. g-agme's parker.09,V9,99 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site,of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement,whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified In writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion,when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule.. No claim by CONTRACTOR for an equitable adjustment in g-agree::9arker:09109/99 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate,ten percent (10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%)or more of the value of the work as determined from the bid schedule, and if the DPW rinds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%)of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit g•agm-s parker.09109199 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code.which requires every employer to be Insured g:agrcc:z parker:09,'09/99 10 kd k..00 against liability for workers'compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers'compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees,while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. g:agree:s parker.Q910919 11 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. g:agree:s parker:49MI" 12 f 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors'or becomes insolvent, or violates any II provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such Notice of Intention has been served on CONTRACTOR, CITY may,without prejudice to any other remedy it may have,terminate this Agreement upon the expiration of that time. Upon F 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 I costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans.specifications. drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any finan-ial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et sea. g:SMS parker:09109J" 13 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such parry. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 9324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for g:ag=s parkcr.09Mf99 14 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit"A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. S. PARKER ENGINEERING, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ELy- Steve arker, President C4 AXWX4yV0 SAND Mayor Linda M. Parker, Se retary/Treasurer ATTEST: �� City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit dministrator ity ttorney Pq!["a Jq /111 D APPROVED: Dire or of Public Wor g:agree:s parker:09/09/99 15 r CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND S. PARKER ENGINEERING FOR THE HEIL AVENUE/SAYBROOK LANE INTERSECTION PROJECT(CC-1099) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS'COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 sgreeMoffnVoon4am-OTOW99 SECTION •C PROPOSAL.• -- for the r CONSTRUCTION OF IMPROVEMENTS at • ! I I EIL AVENUE AND SAYBROOK LANE • CASH CONTRACT No.'CC-16 ' in the CITY OF fiUN'TIN'GTON BEACH , TO THE HONORABLE MAYOR AND MU%1BERS OF THE COUNCIL OF TWIN" NGTON BEACII: 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 bf .the•City of Huntington Beach, and to enter into a- contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon.careful examination of the work site, plans, specifications, Instructions to Bidders and all other cdntract'dociunents. 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 mill result in forfeiture to AGENCY of the-guaranty accompanying this proposal. • ,, BIDDF,R 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. TEE 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 .,.ill reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,and words-shall govern over figures. ' C-1 PROJECT BID SCHEDULE ' tern timate ,* Item with Amit price ifttended _ Na. Quantity written in words - Unit Price Amount 1 1 Mobilization LS @ �Iwo � Dollars $ ZODD•� $ Zoo. — — Nv Cents Per LS 2 1 Traffic Control Plan LS @ 0'yr AP&ka.:1 Dollars $ SOO.^ $ slob. P49 - Cents Per LS 3 1 Furnish Traffic Trafffiic Control LS @ T Y:2_16 + tkMowGCL Dollars $ lsdd•�' $ /J17y — A119. Cents Per LS 4 1 Clearing and Grubbing(Delineators,RPMs,) LS- @ gy -43'nBl4.1 Dollars $ J"_0ZD /yU Cents Per LS 5 111 Unclassified fExcavation incl exist AC removal CY @ A00/4 a Dollars $ p- ' $ cV3b /Va Cents Per CY 6 152 Unclassified Fill CY @ _11,6y 'Pbl"s Dollars $ �a • $ yf�0; Alt) Cents Per CY 7 295 Construct 66"PC�C Curb and Gutter LF @ /h��7 �wa Dollars $ J2. r $ A/o Cents Per LF 8 15 Construct 8"AC Paving on existing base TON @ � !w� Dollar $ too: $ `rob— Cents Per TON 9 3 Adjust Manholes,Valve Covers to Grade LS @ ��966 # 0ggr4 Dollars $ / $ A1y Cents Per LS 10 1 1"Water Service(for �L nds'cape Irrigation) LS @ �'N�1��`1�L Dollar $ ��O• $ , Cents Per LS C-Is •`. PROJECT BID SCHEDITkV tem timate item with unit price Extended No. Quantity written in words FU'net Price Amount 11 1 Imgation Service Enclosure �� • LS @��1 �� i a�zyd4""'-' Dollars $ 1•J $ �s �. 1 a Cents Per LS 12 1 Slurry Seal LS @ lK,e.d Dollars $ $ Z5-U y W6 Cents Per LS 13 1 LS @ Dollars $ $ Cents Per LS 14 1 LS @ Dollars $ $ Cents Per LS 15 1 @ Dollars $ $ Cents Per 16 1 LS @ Dollars $ $ Cents Per LS 17 @ Dollars $ $ Cents Per 18 ' @ Dollars $ $ Cents Per 19 @ Dollars $ $ Cents Per Total Amount-Bid in Figures $ Total Amount Bid in Words- ! (%yp Gam. C-2s REVISED Addendum No. 1,August 27, 1999 If awarded the Contract, the ti . signed agrees that in the event of t}- BIDDER'S default-in execufmg the required contract and filing the necessary bonds and ins&..Jce certificates within 10 working days Or 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. 101 Bidder's Bond Accompanying this proposal of bid,find _ in the amount of F`. which said amount is not less than 1 Q%of the aggregate of the total bid price,as required by the Notice .•Inviting Sealed Bids,.payable to the AGENCY. (Please insert the words "Cash "Certified Check�',"or"Bidder's Bond%as the case may be). �~ . Bidder shall signify receipt of all Addenda here,if any: Addenda No.`- Date Received Bidder's Signature •'Lrz r �, .ti MJ CITY OF HUNTINGTON BEAC..H 2000 Main Street P . O . Box 190 California 92648 10 Robert F. Beardsley, P.E. Department of Public Works Director (714)536-5431 CONSTRUCTION OF IMPROVEMENTS AT HEIL AVENUE AND SAYBROOK LANE Cash Contract 1099 City of Huntington Beach ADDENDUM NUMBER 1 August 27, 1999 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications and plans: • The attached Page C-2s REVISED hereby replaces Page C-2s of the Project Bid Schedule. Please note the addition of Bid Item #12. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate nor the Bid Opening date/time for this project. Mark P. Uphus, P.E. Associate Civil Engineer Bidder Acknowledge: S. Parker Engineering, Inc. - -99 Company Name By Date Addendum 1, CC-1099, August 27, 1999, page 1 of 1 LIST OF SUBCONTRACTC ' t 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=gnd Address o f$tibcon_tra_ctor__=== -= _=_Stdte license Class - of Work - _ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. y4 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. _ County of Orange �- Steve T. Parker being first duly sworn, deposes and says that he or she is President of S. Parker Engineering,Inc. the party making the i foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed i 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 ! I 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 vdth 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 i diereof, or the contents thereof, or divulged information or data relative thereto, or paid, and«ill 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. S. Parker Engineering, Inc. Name of Bidder E • I I • 4 Signature of Bi er , Steve T. Parker i 10059 Whippoorwill Ave, .Fountain Valley. CA Address of Bidder 9270 f Subscribed and sworn to before me this day of , 199 . ------------ MICHELLE MC h:flL Corrm.11154973 N •' Horner r�aac•c�;�Fosv,a � Ounp Coyntr Yv Com.rxp;rts So;c.11,2001 NOTARY PUBLIC NOTARY SEAL State of California )ss County of Orange' } On Aac[s-r D. 1 f'5�,e_ before me, Michelle McNeill, personally appeared sSte 146 6°Z,1yi, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons)whose name(s) is/are subscribed to the within j f instrument and acknowledged to me that he/she/they executed the same in hislherltheir j authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the j I instrument. i i Witness my hand and official seal. ` 9'wh1'CHET 0- NEILL t • �wn Com.1.11154913 rn y! ROTARY fUSUC•CA.IFOR.0 UJ O'dw Coaety w I my Carer.WNW Sept.1t.1001`+ Notary's Signature Seal f '+ . ... • UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL. ' - y CITY OF IiUlr=GTON BEACIT,CALIFORNIA ' Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CONSTRUCTION OF Itii'TERSECTION DIPROVEhIEN"FS AT VEIL AVENUE AND SAYBROOK LANE. (1)(we)(it)'w411 employ and utilize only qualified j 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: 4 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 tivith 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.- s. Parker Engineering, Inc. Contractor By ' President Title w� Date: 8-17-99 r �, QUA.LIF'ICATION QUESTI,.,,+TNAME 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%iolation of law or a safety regulation? 0 Yes ® No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 CON. NSATION I1\'SURANCE CFI ICATE ..• Pursuant-tQ 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- ir surance in accordance with.the provisions of that code, and I will comply -Mth such provisions before commencing the performance of the work of Us contract. S. Parker Engineering. -Inc. Contractor 01-01 By President Title Date: 8-17-99 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 Alertldentification Number: S. Parker Engineering, Inc. Contractor By President Title Date: 8-17-99 4 4 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 INFORMATI( BIDDER certifies that the following information is true and correct S. Parker Engineering, Inc. Bidder Name- t 10059 Whippoorwill Ave. Fountain Valley, CA. 92708 Business Address Fountain Valley, CA. 92708 City, State Zip ( 714 ) 962-8137 Telephone Number 739476\ class: A, B State Contractor's License No and Class 10-3-96 Original Date Issued 8-31-2001 Expiration Date The work site was inspected by Steve T. Parker of our office on August 17 , 1999 The following are persons, firms, and corporations having a principal interest in this proposal S. Parker Engineering, Inc. - Corporation Steve T. Parker - President Linda M. Parker - Secretary/Treasurer 44 C-9 .. l ... The undersigned is -)aced to satisfy the Council of the Cites Huntington Beach of its ability, financially or otherWe, to perform the contract for the propossd work and improvements in _- accordance-with the plans and specifications set forth. S. Parker Engineering, Inc. Company Name Signature of Bi der SteveT. Parker. Printed or Typed Signature • Subscribed and sworn to before me this day of , 199-47. MICHELLE MC NEILL — Corim.11154973 rrh� ' l Nstloy RC rt'ntSeIAAY PUSu:•CALIF-RHIAOrir.0�Cov.•.1YNOTARY PUBLIC Cana.F :1.11.lCO1 NOTARY SEAL 4 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work«-ithin the past two years: SEE ATTACH " 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 4 � State of California )ss County of Orange ) On —before me, Michelle McNeill, personally appeared ,2W 14L , personally Down to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the . instrument. Witness my hand and official seal. A CHELLE M'C NEILL COM 11 f 54973 A31PY PAX CALIFOX-TA r Alp Cor,+,1, Notary's Signature Seal 0 _ tier INSURANCE COMPANY ' ROCK H"NEW YORK t (A Stock Compaq Bond NOSD00011910-203 BID BOND The American Institute of Architects AIA Document No.A310(February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we S. PARKER ENGINEERING, INC. as Principal,and Frontier Insurance Company,Rock Hill,New York 12775,a corporation duty organized under the laws of the State of New York as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,In the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars(S 10$ ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns.jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for HEIL AVENUE AND SAY BROOK LANE IMPROVEMENTS. CASH CONTRACT NO. CC-1099 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee In accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,If the Principal shall pay to the Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 31ST day of AUGUST 1999 i y S. ARKER ENGINEERING, INC. (SEAL) ( rincipal) i (Title) tir FRONTIER INSURANCE COMPANY k (Surety) (SEAL) DWIGHT REILLY A ney-In-Fact i FM 19.1187I4193} w•1~rsa sN•sa 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I , State of California ss. County of San Bernardino OnAUGUST 31 , 1999., before me, Susan Pugh, Notary Public , Date Name and Title of Officer(e g,'Jane Doe.Notary Public' Dwight Reilly t personalty appeared g ------ ------------------------, Name(s)of Signer(s) S)personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(S) whose name%) js/MX subscribed to the within instrument and SCE acknowledged to me that h Comm[u,�# 1213929 g f executed NoforyPub►ic_CallfornjQ x the same in his/bW&)& authorized Seen�Orc ino CountycapacityfO�, and that by his g �'ArCorrrn• signature(55 on the instrument the person(, or the entity upon behalf of which the person(* l acted, executed the instrument. WITNESS my hand and officials I. I . Place Notary Seal Above Signature of Notary ublic I Susan Pugh ( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document t Title or Type of Document: BID BOND t Document Date: AUGUST 31, 1999 Number of Pages 1 I I Signer(s) Other Than Named Above: NONE t Capacity(ies) Claimed by Signer Signer's Name: Dwight Reilly-------------------------- ❑ Individual Top of thumb here i ❑ Corporate Officer—Title(s). ❑ Partner—❑Limited ❑General l 0 Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other• l Signer Is Representing FRONTIER INSURANCE COMPANY 0 1997 National Notary Assouabon•9350 De Soto Ave.P 0 Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 �rantier . INSURANCE COMPANY 2636 Elm hill Pike Suite 500 • Nashville,TN '37214 (A Stock Company) POWER OF ATTORNEY Viutttt Atl Nell: 11L Three 13rverttts: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal office in - Rock Hill,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 41h day of November,1935: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act Tor and on behalf of the Company to execute bonds,undertakings.recognizances and other contracts of indemnity and writings obligatory in the nature thereof,a nd to attach thereto the corporate seal of the Company,in the transaction or its surey business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so allixed with respect to any bond,undertaking,recognizance or other contract of indemnrtif or writing obligatory in the nature thereof "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof,said date to be not later than the date or delivery thereof by such Attorney-in-Fact' This Power of Attorney is signed and seated In facsimile under and b the authority of the above Resolution. DOES HEREBY WAKE.CONSTITUTE AND APPOINT: H.J. D99CK DWIGHT REILLY VICKI MARTINEZ CHRISTOPHER S. HOPPER of Upland ,In the State of Califomia its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redetegation,as follows- Bonds guaranteeing the fidelity of persons holding places of public or private trust:guaranteeing the performance of contracts other than Insurance policies; and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedngs or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION(SS.000,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as it such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attomey(s)-U1-Fact pursuant to the authority herein given are hereby ratified and confirmed. - litWitness'Vhrrtd.FRONTIER INSURANCE COMPANY of Rock Hill,NewYork,hascaused this PowerofAttorneytobesignedbyitsPresident and its Corporate seal to be affixed this 26th day of August •i9 97 FRONTIER INSURANCE C0161PANY O-A State of New York BY. County of Sullivan ss.: THEODORE JNRUPLEY.President On this 26th day of August .19 97 ,before the subscriber,a Notary Public of the S•.a:e of New York in and for the County of Sullivan,duly commissioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to rre personally known to be the Individual and officer described herein,and who executed the preceding Instrument,and acknowiedged the execution of the same,and being by me duly swom,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company.and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to In the preceding instrument,is now in force. ' .3 it Trstimottu r4crrof.I have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written. A. 'P+'puetl�•+ ALICIAA.LANESE '•�°"`� Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission Expires July S.2000 t,JOSEPH P.LOUGHLIN.Secretary of FRONTIER INSURANCE COMPANY of Rock Hill.New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto.are true and correct and that both the Resolution and the Powers of Attorney are in full Iorce and effect 3a Xlitnras Whrrruf, I have hereunto set my hand and affixed tr.e facsimile seal of the corporation this 31ST day of AUGUST . .19 99 r• "•�+ =' •New CO / e fM JOSEPH P.LOUGHLIN.Secretary S. PARKER ENGINEERING, INC. 10059 WMPOORNV LL ANT FOUNTARi VALLEY,CA.92708 TEL#(714) 962-8137 FAX it(714)962-0437 LIC#739476 RECENT PROJECTS AND REF'ERFLACES Owner!1!LQa ce t NA= Contact/Phone# City of Chino Randy Little 5050 Schafer Street Supervision Chino, CA. 91710 (909)627 7577 X 847 1998-99 Concrete Repair,Contract 998-1119 Original Contract $66,064.50 Deductive C/O Total Contract S65,408.20 County of Riverside Goerge Boyden Transportation&Land Management Agency (909) 955-6768 4080 Lemon St., 8th Floor Annette Paturza-Buyer 11 Riverside, CA. 92502-1090 Purchasing& Supplies Super (909)9554937 1998-Decorative Pavement on Mc Call Blvd. in Sun City,POn 89997 Total Contract S52,968.83 City of Fullerton Goerge Lin 303 W. Comrnenwealth Avenue (714)738-6870 Fullerton, CA. 92632 Ebseo Bravo -Inspector 1998 -Brea Slope Repair, Project#4551 -PO#25611 Original Contract $28,770.00 Change Order S600 00 Total Contract S29,370.00 City of Upland 7ohn Dutrey-Project Coord. 1370 N. Benson Avenue (909) 931-4268 Upland, CA 91786 1998 -City Wide Misc. Concrete,Bid#: 98-15 Original Contract $68,028.00 Change Order S 3,475-70 Total Contract $71,503.70 City of Fullerton Goerge Lin 303 W. Commenwealth Avenue (714)738-6870 Fullerton; CA. 92632 Frank Martin-Inspector 1998 -Curb, Gutter, Sidewalk Reconstruction,Project#FY 1997-98 Original Contract $185,643.70 Change Order S 4 422. 0 Total Contract $187,066.50 City of Costa Mesa Mike Stevens 77 Fair Drive Construction inspector Costa Mesa, CA. 92628 (714)754-5028 1998 - City Wide Annual "ADA",Project#98-02 Original Contract $140,787.20 Deductive C/O S( 1,456 Total Contract $139,331.19 City of Costa Mesa Mike Stevens 77 Fair Drive Construction Inspectory� + Costa Mesa, CA. 92628 (714)754-5028 1998 -Missing Link Sidewalk CDBG Project Original Contract $334,604.50 Change Order $_30,236 71 Total Contract $364,841.21 Housing Authority of Riverside County Tom Fan 5555 Arlington Avenue Program Development Riverside, CA 92504 Coordinator (909)351-0824 1998 - Site Improvements for Corregidor Drive Apartments Original Contract $112,611.07 Change Order S 3,145 00 Total Contract $115,756.07 City of Costa Mesa Tom Banks ; 77 Fair Drive Associate Engineer Costa Mesa, Ca 92628 (714)754-5222 1998 -Parkway Concrete Repair and Tree Replacement City Project #97-16 Original Contract $679,905.20 Change Order $ 67 5T8 7.46 Total Contract $747,762.66 City of Costa Mesa Dave Alkema ._ 77 Fair Drive Park Superintendent Costa Mesa, CA. 92628 (714)754-5300 1998 -Tot Lot Equipment and Handicap Access Improvements ' Original Contract S248,308.33 Change Order S_ 3.209.4� Total Contratt S251,517.78 County of Orange Bob Witting 10952 Douglass Rd. Principal Engineer Anaheim, CA. 92906 (714)567-6253 1997-Sidewalk Repair in the Rossmoor Area Original Contract $291,553.50 Rim of The World Unified School District Kenneth Doyle P.O. Box 3462 Project Coordinator/Architect Blue Jay,CA. 92317 (909)336-0342 I997-Removal of Sod at Rim of The World High School Replace at Lake Gregory Elementary Original Contract Amount: $188,725.00 Deductive Change Order S<15,000.00> Change Order '-� 72.531.72 Total Contract: 5196,2256.77 City of Riverside Sandy Caldwell Public Works Department Principal Engineer 3900 Main Street (909)782-5341 Riverside, CA. 92522 1997 -Downtown Sidewalk Repair 1996-97 Original Contract: $121,300.55 ' Change Order 5,817,22 Total Contract: S1272118.45 County of Orange Al Sanchez Public Facilities&Resources Department Maintenance Inspector/ 10852 Douglass Road Specialist Anaheim, CA. 92806 (310) 567-6300 1997-Drainage Improvements at Ralph B. Clark Regional Park PO 9 PC 405 L0005236.97 Total Contract: S 36J27.72 City of Cerritos IM Hunt 18125 Bloomfield Leisure Services Supervisor Cerritos;CA. 90703 (310)916-1263 1997-Liberty Park Sand and Volleyball Courts Project# 1062 S 42,437.00 change orders S 6,778.00 Total Contract: S 49,215.00 i I f w � • PROOF OF PUBLICATION STATE OF CALIFORNIA) SECTION A Na bid chaff be cort- crr NOTICE INYfiING sidered unless it is r I proposed the approved SEALED BIDS f proposal tortes in rpn- JJ for ttla tormance vn,h the tnstrNC- Construe"On of lions to Bidders. County of Orange } Improvements art The biu must be accom- Heil Avenue and panned by a certified Cheer. Saytwook Lww casfugrs Check,or bidders CASH COi�ITRACY bond male payable to the 1 am a Citizen of the United States and a No.CC-10N lAGEess than 10 amOf ft less than 10°i6 W the irt amount bid. The suc- resident of the County aforesaid; I am CITY cesSfur b-Mer ana't be HUNTINGTON BEACH licensed in accordance over the age of eighteen years, and not a - PUBLIC NOTICE Is wrbnFrovsronsof09Busi- ;HEREBY GIVEN that the ness and Professions party to or interested in the below CITY OF HUNT:NGTON Code antis strait possess a entitled matter. I am a principal clerk of BEACH. as AGENCY, State Contractors License vibes seated bids for Irie Class at the pine of the bid the HUNTINCTON BEACH INDEPENDENT a above staled priSsI and opening The successful wan receive e such rd5ln the Contractor acid hilt subcort• office of the CiP/ clerk. tractors will be required to 63cond Floor. 2000 elan possess business licenses news aper o general circulation printed Irom it*AGENCY. p b . p s•raec. Huntington Eteedr. and pu lished in the City of Huntington Cal.tornia 9) p11, . on Ae The AGENCY reserves txxtr of 2 0Q P m� on *o- the tight to reject any or all gust 31.1999.Bids will be bids, to warve any ir- Beach, County of Orange, State of pttblicfy open inthRCorxttil regularity and to rake all chambers Unlessfor California, and that attached Notice is a Unless other- bids u rr advisement 60 w se posted. a rnaxirlirrt pencil of 60 true and complete copy as Ives printed `'ethic of the Plans. days. 5necrl�Carions. and con- f;SY ORDER of She CITY text documents a•e avail- COUNCIL of the CITY OF and published in the Huntington Beach able for the Office a the CALIFOHUNTi NAT the BEACH. �reclor of Public works, CALIFORNiA. the BCt day 2000 Main Shee% Hunt- of Jury 1999. rtgton Beach. CA . and Fountain Valley issues of said I 92648. -A'test: newspaper to wit the issue(s) of: Winn payment rn a:1fl.00 {:t7CIT CLERK fttxirefundeble fee d gqCked CITY CLERK up,or payment of a S2fl.00 OF THE CITY OF nonrefundable tee If - HUNTINGTON BEACH "maited. Published Huntington Any contract entftsd into Beach Fcuntam Valley August 12, 1999 Pursuant to this notice wA Independent August 12. sIe pw provisions i19.26.1999 of the Salo Labo• Code. a__ . 082.279 August 19, 1999 Pursuant to the provisions of the Labor Code of the Stale of CaMom4.the min August 26, 1999 imam pievai"rue of per Orem v4QW for 9&:h gait, 61as6ifica ion or type of wMkman-needed to ea- acute rase contract shalt be 1 declare, under penalty of perjury, that those determined by pig Director of Industrial Rela- the foregoing is true and correct. boas oftneStateolCaiifor. erg,which are on file at the Ot•rce of the Director of Public Works, 2MD Main Street, Hintingion Beach. Executed on August 26 , 1999 C The AG NCYwilldeduct is 1D1% retent,on from all at Costa Mesa, California. pr iess paymenti. The Contractor may substitute an escrow holdor surety of eq.ial value to the retention rr accordance with the provisions of the CLWomia Gavemmont Cc<le,Section 4590.The Contractar shall be t>ene!hjat owner of the surety and Shall receive env Interest thereor, The AGENCY hereby al- flmiativefy ensures that mi- Signature rtaity business enterprises w14 be aflorded Idl: op- portunuy to sutmit bids In response to this not 00 and will rut be dtscnmmated against on the bests of rate.Color,rotonal origin, ancestry.sex.or let gion In any bonskWallon k*Avtg . 490 the arrrard Of 0OrlU&Q- PROOF OF PUBLICATION STATE OF CALIFORNIA) secs NA No bid "i be Foh NOMEINWING sidered unless- it is s SEAS BIDS prepared on"apprcved proryosal tort$ n CM- COttetxteCttrpel Oi brmance with the Instruc- Count), of Orange ) 1m� In `he b t be aPCom- tW1 Avenue,and panted oy a cerifhed check. Saybrook Lane cashiers check.or bidders CASH CONTRACT bond made payab'e to the l am a Citizen of the United States and a Na.GC-1Q49 AGENCY kxanatountno less than 10% of the resident of the County aforesaid; f am _ c of amount t0derTslon be WNTINGTON BEACH Ncensed in accordance over the age of eighteen years, and not-a PUBLIC NOTICE IS with proVrslDnS of me ausi- party to or interested in the below CITY Y WM fth3l the nods add Prolasess a CITY of t+uN1-nw3roN coda and shallareas a entitled matter. I am a principal clerk of vimsBEA s a: Aiti ft for state atContractor,time Licenseid roles seaeed UrDa for the Class at tt�•ome of the trd above stated wDpK s and opening The successful will receive such Will;in the Contracor and his subcon- t e HUNTINGTON BEACH INDEPENDENT, a office of tfte City t� uacim ssesso sI* rr abed to newspaper of general circulation, printed street. urah P°Street. FhrrMYglon Beecfh, rot the AGENCY. Cashlatnha 92646.up to Erse the AGENCY reserves and published in the City of Huntington tour of re4 pt- do Au- the right torelectanyorall gust 3t,1999-&ds will be bids, to waive any ir- Beach, County of Orange, State of putrlrcly open in the Council regularity aid to take all California -and that attached Notice IS a wtseChar po rs tailors other. bds under advisement for hIMi50 pasted- a maMimum period of64 Comas of the Plans. da - true and complete copy as was printed Specifications. and con- NOILER eCI air tract documents ere avail• COUNCIL o'Elie CI CITY OF at ill Imm Uw Utica of the HUNTINGTON BEACH, and published in the Huntington Beach Direclor of Public W0111s. CALIFORMA,the Eth day 20M Wan Street, hunt- Of Duty 1999 b Beach, CA 92W. Attest: and Fountain Valley issues of said ��+pp��yyttrr�yMM a a$10 DO - Connie eroekway, newspaper to wit the issue(s) of: npnor` 'of" *� THE c A1c up.a payrlhent of a oo OF THE clrr of nonrefundable fee it Htfti1'RVMON BEACH mailed. Published Huntington Any C=faCl entered h to Beach-Fourtain Valloy A37(f11Rt. 1 Z . 1999 purweM to tthie nouoe wit kiclependarr, August 12. iriopepolaie the 19.26.199'9 Au u s t 19, 1999 a "u l to C"dB g (err.s:wrd b uw de of a nhe labor Code of Cie Stale of Caelonila.Erie m-n- Augus t 26, 1999 imum prwal"race of per diem wages for each craft. Classification or type of workman needed-to ait- i declare, under penalty of perjury, that tea determined er byy'tee Bela- the foregoing is true and correct. tunsDirec I d Su ftof or ISIreet, eons c f tlw 5tala d CaEfor- nia.which alai an Ire at the Ovice of the Director of Public Wo.'ks. 2000 Main Huntington Beacn, Executed on August 26 , 1999 The AGENCYvnttdeCuct at Costa Mesa, California. a lob retention from all progress payments. 'MeContract, may subsu:tr:e en escrow hoar Surety of it quat 1'alue to the rMsnl ion in S=fdonte %Mh the _ I;rCVi5XX*of ate Calownla Government Code,Section 4594.The Contfoax dt+.all to berefrciat owner of the Surety and shah) tecews _ any tntarest thereon. 'the AGENCY hereby at- + Tarriatney ensures that mr- notity business enterpri::es ' Signature wilt be attonled full op- . portuncy to sutirriil bids in response to tP•hs notice and - will Mt be dhscrimtna'ed against on M basis of race.0llibw,riglai W tNipin, anoeetry.Sear.Or ralighOlh in any ccnwdMr 111* taad,ng _10 the awstd d don rad- SECTION +n 0-&wart or ountract. NOMCE Nil Nf;'.b -a.o., be cr t SEir o �fkk sidered unless it Con;f.:, A preb3re7 oil the aFpro>, 1r ctfon of ricoaual forms in con. ; lmprovtxnents at fotmarxe with the IrnslfUC- Heil Avenue and tons to d must Saybrook Lane The bid must f;e ac eck. CASH CONTRACT pa t-I f'S a can*r cder's Gast.rerS Check,of brtltlrfS No.CC-1099 bona made payable to the In the AGE NCY for an amount no CITY OF •less than 10°� of the HUNTINGTON BEACH ,amount tid. The sic. PUBLIC NOTICE IS ICessful biycer Shall be HEREBY GIVEN that the licensed in accordance CITY OF HUNTINGTON with provisions of the Busi- EEACH, as AGENCY. In_. ness and Professions vaes sealed bids for the Coca and shall possess a strove stated projects flint Slaie Contractors License wilt receive suet tads in the Class al the lime of the bid once of-the City Clerk,'fining- The successfut SrtCond Floor 2000 Main CortraatN and his subcon- Siteet, Huntington Beach,,Possess s i-i W required licenses Cei,tomia 92648.up to the;furl ss AGENCY. hour 1 299 p.m. ,w Au The AGENCY reserves gust 31, 1999 DiCthe vnit be the fight to reject Publicly open in the Council,bids,9 to wa a any Oran Chambers unless other• any re Jl3rity and 10 take all wise of the Plans bids under advisement for SpeCif,r:,.aCions, and con a maximum period of 60 tact documents are avail dais_ able from me Off.Ce of f3Y ORDER of the CITY Director of Public Works COUNCIL of the CITY OF 2000 Main Street, Hunt HUNTINGTON BEACH, ington Beach. CA 9264EI CALIFORNIA. the 6;h day upon payment of a S10. of July19f9. nonrefundable fee 4 pplcke Attest: up,or payment of a 520. Connie Brockway, nonrefundable tee I CITY CLERK marled. OF THE City CW Any Contract entered H.UNTINGTON BEACH pursuant to this police Published Hintington Incorporate the prw,sion Deacti•Fourtain Val'ey Of the State Lat9ar C Ince9endent August 12, Pursuant to the provision 19.26.1993 ol the Labor Code of 082.279 Stale of Cantomia,Cie min-if in,um preva ling rate of per diem wages for each craft, classification or type ol4 workman needed to eic-r acute the Contract shall be those determined by Cie Director of Industrial Rela- tions of the Stare of Cakfor- nia,which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will dallml a 10% relenbotl from all Progress payments. The n escrow rrlay wmyubsb f en escrow r w equal value to the rewnton in aCcordame with this provisions of the CaoOmia Government Code.Section 4590.The Contractor obeli be berfeii'-Jal owner of the surety and shaft reteva ""Ihe AInterest GIENM�r si• pnnmk4*f enaursrnstedrrprt ml- V be a�Kor�ded &A o�p- I portun y 10 rtubrM bds in response 10 tftis home and will not be aberwr+krsted arpama on fats bola of raw Odor.I be"taf oripM•, ! iat+ron",UK,or l HR:6'G BEACH • FOUNTAL'V�LEY Independent THE NEWPORT BEACH•COSTAMESA PILOT l Client Reference # Independent Reference # Om Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning a-/Z . If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ 0, � Z Thanks for your cooperation and patronage. Sincerely, Judy 0'6tting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92646 (714) 965-3330 (714) 965-7174 FAX REI;EIVkEI CITY CLERK CITY Or HUNTINGTON BEACH.CA RECEIVED CITY CLERK HU,NTINGTONBE(ACH,CA 1�99 AUG 31 P 2: 00 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH.CA bill AUG 31 P 2; 01 C .' COPIES TO: 1. Suzanne Geneil IMPROVEMENTS AT HEIL AVENUE @ SAYEROOK LANE CC-.1099 August 31, 1999, 2:00 PM (Engineer's Estimate: $30,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American Asphalt $ 2. BA Construction $ I� , 3. Building Energy Consultants $ 4. Excel Paving Company $ 5. Lee's Construction $ 0-5_ /Oo 6. hobest $ 0 ,30 rr 7. S. Parker Engineering %� $ 9 Page one of one q y --- cJs�..� (-7{gal rY ltITY OF HUNTINGTON BEAC MEETING DATE: September 20, '1999 DEPARTMENT ID NUMBER:PW 99-092 CouncillAgency Meeting Held: 31.xv I R-1 &oo. Sv Deferred/Continued to: Approved ❑Conditionally Approved ❑ Denied 7,--p--1-City Clerk's Signature —0 [—Council Meeting Date: September 20, 1999 Department 1D Number: PW 99-092 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION , SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSrn pc SUBMITTED BY: RAY SILVER, City Administrator 11,E i� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work SUBJECT: AUTHORIZE THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS AT HEIL AVENUE AND SAYBROOK LANE; CC-1099 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on August 31, 1999, for the Construction of Improvements at Heil Avenue and Saybrook Lane, CC-1099. Funding Source: Complete funding is available in Account Number E-SX-PC-099-3-90-00 and E-SX-PC-099-6-62-00. Recommended Action: Motion to: 1. Approve the lowest responsive/responsible bid submitted by S. Parker Engineering, Inc. for the Heil Avenue/Saybrook Lane Intersection Project, CC-1099; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of$39,030; and 3. Authorize the Director of Public Works to expend a total of$46,830 to cover the contract amount of $39,030, estimated construction contingency of $3,900, and supplemental expenditures of$3,900. �-b Alternative Action(sl: 1. Deny award of the contract of S. Parker Engineering, Inc. and select another responsivelresponsible bidder. 2. Reject all four bids and direct staff as to how to proceed. Analysis: On July 6, 1999, City Council authorized the Director of Public Works to solicit bids for the Construction of Improvements at Heil Avenue and Saybrook Lane, CC-1099. On August 31, 1999, bids were received and publicly opened by the City Clerk. The construction cost estimate was $30,000. A total of four bids were received and are summarized below, by order of least dollar amount: 1. S. Parker Engineering, Inc. $39,030 2. Nobest $44,030 3. B. A. Construction $53,311 4. Lee's Construction $55,100 Public Works Commission Review: The Commission reviewed and recommended approval of the project on June 16, 1999. Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Attachments : 1. 1 Location Map RCA Author. RFB:QSS:MPU:gd GtENGACC109900CStRCA AWARD RCA-AWRQ — 09/09/99 8:54 AM BOLSA C UCofADDEN p Q a z o a EDrNCER Q ;n HF L 0. AVE N C3 O N ai WARNER 3 ' W ix I SLATER 0 < U .o u 0 a 0 La 4 5 TALBERT I I m PACIFIC ELLIS HEIL AVENUE GARFIELD � � YORKTOWN # D ADAMS cc o o INDIANAPQLlS j 0 0 0 m 0 ATLANTA 6 a m m $ HAM LTON Q OCEAN Cn BANNING VICINITY MAP LOCATION MAP N.T.S. N.T.S. RCA ROUTING S 1EET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize the Award of Contract for the Construction of Improvements at Heil Avenue and Saybrook Lane; CC-1099 COUNCIL MEETING DATE: September 20, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff qlf 17,f", { ) { ) Assistant City Administrator (I itial) { ) ( ) City Administrator(Initial) City Clerk { } EXPLANATION FOR RETURN OF ITEM: I (Below Space For City Clerk's Use • RCA Author. _t 0 -ronfier INSURANCE COMPANY ROCK HILL,NEW YORK (A Stock Companyry Bond NOSDO0011910-203 BID BOND The American Institute of Architects AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we S. PARKER ENGINEERING, INC. as Principal,and Frontier Insurance Company,Rock Hill,New York 12775,a corporation duly organized under the laws of the State of New York as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars($ 10$ ************** ) for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for HEIL AVENUE AND SAY BROOK LANE I IMPROVEMENTS. CASH CONTRACT NO. CC--1099 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient suretyforthe faithful performance of such Contractand for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,If the Principal shall payto the Obligee the difference not to exceed the penalty thereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party 10 perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 31ST day of AUGUST • 1999 S. ARKER ENGINEERING, INC. (SEAL) ( rincipal) (Title) FRONTIER INSURANCE COMPANY (Surety) (SEAL) DWIGHT REILLY A ney-In-Fact FM 19-1187(4/93} CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino pnAUGUST 31 , 1999, before me, Susan Pugh, Notary Public , Data Name and Tqb of Onicer to 9.'Jam Doe.Nola?Pubk7 personally appeared Dwight Reilly-------------------------------- Nm*s)of Sgr(s) 10 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person%) whose nameN) (s/= Sum PUGO subscribed to the within Instrument and . y an# 12t acknowledged to me that heRf executed NOS'"e-Cate the same in hisll� authorized 5' Son marina County capacityft)), and that by his1WRw( corr712 signature( on the Instrument the person(,or the entity upon behalf of which the person(*) acted, executed the Instrument. WITNESS my hand and oRcial s I. Piece Wary Seal Above Nar sw"dure of y de Susan Pugh ' OPTIONAL Though the Information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: DID BOND Document Date: AUGUST .31 , 1999 Number of Pages: 1 Signer(s)Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: Dwi ht Reilly-----------------__—__ ❑ Individual Pop d oxx,b f,ere ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General R Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FRONTIER INSURANCE COMPANY 0 1997 Natbno Notary Asaodatlon•0350 De Solo Ave.,PO.Box 2402•Chatsnortn,CA 91313.2402 Prod_No.5907 Reorder Can Toll-Free 1400-876-6827 -ran tier INSURANCE COMPANY 2636 Elm I1i11 Pike Suite soo Nashville,TN `A1d IA Stock Companyl POWER OF ATTORNEY 11ttatu AI: Men Vitt Threir 11resettts: That FRONTIER INSURANCE COMPANY,a New York Corporation,haying its principal office rn Rock Hit].New York,pursuant to the following resolution,adapted by the Board of Directors of the Corporation on the 41h day of November,1985 "RE SOLVED,that the Chairman of the Board.the President,or any Vice President be,and hereby is,authorized to appoirill Attorneys-m- Fact to rearesenl and act for a nd on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and wr,tirgs obligatory in the nature thereof,and to atlach thereto the corporate seal of the Company,in the IranSaCtion of its surety business: "RESOLVED.that the signatures and attestations of such officers and the seal of the Company may be allrxed to any such Power of Attorney or to any certifiCale relaling thereto by faCsrmde,and any such Power of Attorney or Certificate bearing such facsimile signatures or lac Sim Ile seal shall be valid and binding upon the Company when so affixed with resaecI to any bond,undertaking,recognizance or other Contract of indemnity or writing obligatory in the nature thereol; "RESOLVED.that any such Attorney-in-Face delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such cert ficalron the date thereof,said date to be not later than the date of delivery thereof by such Attorney•in-Fact." Tilis Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution DOES HEREBY MAKE,CONSTITUTE AND APPOINT: H.J.DUECK DWIGHT REIL.L.Y VICKI MARTINEZ CHRISTOPHER S.HOPPER of Upland .in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name.place and stead to sign,execute.acknowledge and deliver in its behalf.and as its act and deed,without power of redelegation,as follows Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION($5,000,000-00)DOLLARS.and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority he rain given are hereby ratified and confirmed. 3tt flit:less�Uhrreef,FRONTIER INSURANCE COMPANY of Rock Hill,New York,has caused this Power of Attorney to be signed by itsPres:denl and its Corporate seal to be af'ixed this 26th day of August FRONTIER INSURANCE COMPANY State of New York ."°* BY: County of Sullivan as.: THEODORE 3111UPLEY.President On this 26th day of August ,19 97 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly ccmrtvssioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly swom,deposed and said,that he Is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument,is now in force. dirt iZrsfintoetg A11jerref,I have hereunto set my hand,and affixed my official seal al Rock Hill,New York,the day and year above written. NoTARr +�pUet.►G�• ALICIAA.LANESE ,,+a■'' Notary Public State of New York Sullivan County Clerk's No.2396 CERTIFICATION Commission Expires July 8,2000 t,JOSEPH P.LOUG HLIN.Secretary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Baard of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct and Mat both the Resolution and the Powers of Attorney are in full force and effect 311 Vitnrsa Phrrrof, f have hereunto set my hand and affixed the facsimile seat of the corporation this 31ST day of AUGUST . .19 99 � ��R,Nc. , /v JOSEPH P.LOUGHLIN.Secretary •.s SECTION -C PROPOSAL for the CONSTRUCTION OF IMPROVEMENTS at HEIL AVENUE AND SAYBROOK LANE CASH CONTRACT No. CC-1099 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a, contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Lstimated rtem with unit price •xten e , No. Quantity written in words - Unit Price Amount. 1 1 Mobilization LS @ �l�O I' i4yc1 Dollars $ � $ GLYfd• /VU Cents Per LS 2 1 Traffic Control Plan LS @ 7on� iRctlC Dollars $ Too.— $ Sim— /y0 Cents Per LS 3 1 Furnish T/r Traffiicc,Control_,l,,_ LS @ kw dul;t Dollars $ /sd'0•r $ N 0. Cents Per LS 4 1 Clearing and Grubbing(Delineators,RPMs,) LS @ ;7,26 ►er�tl Dollars $ 'f WD. $ S-Cg5p.� Nv Cents Per LS 5 111 Unclassified Excavation inch exist AC removal CY @ yblll o9" Dollars $ /Va Cents Per CY 6 152 Unclassified Fill CY @ 41� L" �°�� Dollars $ A/V Cents Per CY 7 295 Construct 6"PCC Curb and Gutter LF @ / wD Dollars $ �2• — $ fyy Ali) Cents Per LF 8 15 Construct 8"AC Paving on existing base TON @ Dollars $ too: $ 6 5706' �v Cents Per TON 9 3 Adjust Manholes,Valve Covers to Grade LS @ /H�i 7 �ilG�G� Dollars $ $ �y Cents Per LS 10 1 1"Water Service(for Landscape Irrigation) �7, LS @ 7w� Dollars $ J "ate: $ Cents Per LS C-1s PROJECT BID SCIIEDULI,,, r r ternEstimatedI tern with unit price Exten c No. -Quantity written in words Unit Price Amount 11 1 Irrigation Service Service Enclosure LS Q!( t iLf �VFi_ Dollars S 25M 5 Zrgbt,- Na Cents Per LS 12 l Slurry Seal LS C IG Dollars $ZS�Ea $ zSti d �G Cents Per LS 13 1 LS @ Dollars $ S Cents Per LS 14 1 LS C Dollars $ S Cents Per LS 15 1 C Dollars S S Cents Per 16 1 LS a Dollars $ S Cents Per LS 17 u Dollars S S Cents Per 18 C Dollars S $ Cents Per 19 C Dollars S S Cents Per Total Amount Bid in Figures: $ 430 . Total Amount Bid in Words: 1 C-2s REVISED Addendum No.1,August 27, 1999 If awarded the Contract, the unaersigned agrees that in the event of th 'IDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. l0Z Bidder's Bond Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids,.payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature loe 0 C-2 PROJECT BM SCHEDuiir%..) IF I price 777 7.7 77.tem Estimited -.1tem,writ unit 3 Unit Price, :,,,.;Amount NO". :Quantitywords.:--.. =1 i Irrigation Service Enclosure LS as --Dollars S S Z-rV'O Cents Per LS 12 @ Dollars Cents L 1 Per 13 @ Dollars Per 14 @ Dollars S S Cents 1Per 15 1 @ Dollars S_ Cents I Per 16 @ Dollars $_ S Cents Per 17 @ Dollars S .Cents Per 18 Dollars $ Cents Per 19 • @ Dollars S S .Cents. Per Total Total Amount Bid in Figures:$—A. A53b. Total Amount Did in Words:7k&44 L .;q�t —4/fAM5 Ct AD T C-2s 1 } LARD CITY OF HUNTINGTON BEACH VILJ2000 plain Street Q . O . Box 190 California 92648 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 CONSTRUCTION OF IMPROVEMENTS AT HEIL AVENUE AND SAYBROOK LANE Cash Contract 1 099 City of Huntington Beach ADDENDUM NUMBER l August 27, 1999 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications and plans: • The attached Page C-2s REVISED hereby replaces Page C-2s of the Project Bid Schedule. Please note the addition of Bid Item #12. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate nor the Bid Opening date/time for this project. Mark P. Uphus, P.E. Associate Civil Engineer Bidder Acknowledge: 0.11 S. Parker Engineering, Inc. — — 9 Company Name By Date i Addendum 1, CC-1099, August 27, 1999, page 1 of 1 AIST OF SUBCONTRACTORb = In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion _ Name and Address of Subcontractor State License Class of Work Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 �%NONCOLLUSION AFFIDAV%.J TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Steve T. Parker , being'first duly sworn, deposes and says that he or she is President of S. Parker Engineering,Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shalt 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. S. Parker Engineering, Inc. Name of Bidder Pee Signature of BiZder Steve T. Parker 10059 Whippoorvill Ave,.Fountain Valley, CA. Address of Bidder 9270E Subscribed and sworn to before me this day of ,lf�1199 5-7 . ------ -- - - - - - E MICHELLE MC NEILL Comm.11154973 Ilnn N NOTARY PU8,.1c-cAUFORRIA U! cringe County guy Comm. Erpiru Sept.It,2001 `+ NOTARY PUBLIC NOTARY SEAL C4 State of California )ss County of Orange ) On -uc�s-r_ ��D 1 before me, Michelle McNeill, personally appeared a 77- 6°�I�i, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ' MICHELLE MC NEILL Comm.N 1154973 Iln� NOTARY PUBLIC-CALIFORNIA UI Onnge County _10MV Comm E�z el sut 001 Notary's Signature Seal UTILITY AGREEMENT � HONORABLE MYOR AND CITY COUNCIL CITY OF HUNTI1rGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CONSTRUCTION OF n"TERSECTION IMPROwMElr'TS AT HEIL AVENUE AND SAYBROOK LANE. (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 S, California Administrative Code, Section 2700,as follows: "Qualified Person: 4 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. S. Parker Engineering, Inc. Contractor By President Title Date: 8-17-99 *• C-s D`1' QUALIFICATION QUESTIG- -WRE In accordance with Government Code Section 14310.5,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified; removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes, explain the circumstances in the space provided. 44 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMI_ _4SATION INSURANCE CER.AFICATE _- Pursuant_.IQ 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 ofthis contract. S. Parker Engineering, Inc. Contractor By President Title Date: 8-17-99 C-7 ,jNDERGROUND SERVICE A ART IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: S. Parker Engineering, Inc. Contractor By President Title Date: 8-17-99 44 Note: This form is required for every Dig Alert Identification Number issued by USA. 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: S. Parker Engineering, Inc. Bidder Name 10059 Whippoorwill Ave. Fountain Valley, CA. 92708 Business Address Fountain Valley, CA. 92708 City, State Zip ( 714 ) 962-8137 Telephone Number 739476 class: A, B State Contractor's License No. and Class 10-3-96 Original Date Issued 8-31-2001 Expiration Date The work site was inspected by Steve T. Parker of our office on August 17 , 1999. The following are persons, firms, and corporations having a principal interest in this proposal: S. Parker Engineering, Inc. = Corporation Steve T. Parker - President Linda M. Parker - Secretary/Treasurer 4� C-9 The undersigned is pared to satisfy the Council of the City�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. S. Parker Engineering, Inc. Company Name Signature of Bi der Steve T. Parker ' Printed or Typed Signature Subscribed and sworn to before me this ZD day of , 199�. MICHELLE MC NEILL Comm.11154913 ��^^ Quy NOTARY PUSLIC-CALIfORWACr�nyl County .+NOTARY PUBLIC Comm.f�piru Se t.11,tC01 \ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACIM 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 <.. .. . State of California )ss County of Orange ) On before me, Michelle McNeill, personally appeared fXek�ai , personally known tome (or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. 11lICH�t�f K NEU Comrt.111$4973 � K�UAy IUS:,C �A1rF0Av:,� Or�e1�C�enty 10111 fool:II tCor Notary's Signature Seal 0 INSURANCE COMPANY ROCK HILL,NEW YORK (A Sock Company) Bond NOSD00011910-203 B1D BOND The American Institute of Architects AIA Document No.A310(February. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we S. PARKER ENGINEERING, INC. as Principal,and Frontier Insurance Company,Rock Hill,New York 12775,a corporation duty organized under the laws of the State of New York as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (S 10$ for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for HEIL AVENUE AND SAY BROOK LANE IMPROVEMENTS. CASH CONTRACT NO. CC--1099 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contractand for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the i Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 31ST day of AUGUST 1999 S. ARKER ENGINEERING, INC. .00 (SEAL) ( rincipal) /, �� c/ (Title) FRONTIER INSURANCE COMPANY (Surety) (SEAL) / DWIGHT REILLY A ney-In-Fact FM A-1187(4/93) w-915e-us+•sM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. OnAUGUST 31 , 1999, before me, Susan Pugh, Notary Public , Dais "arm "T-00 of Off-car(a 9.'Jans Doe.Notary PW-Cl personally appeared Dwight Reilly--------- ______________ Names)of Spier{s) $]personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(X) whose name(X) IslXx � �� subscribed to the within Instrument and ., Corr rn[su� 6213929acknowledged to me that hefty,: i executedr NOSYpubl'c_Colit # the same In hisllN{1#Wk authorized So"B�orino Couon-tto capacilyj4�, and that by his '}t k ,,y ccr'x.'.' esnI y signature( on the Instrument the person(*j, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official s 1. Place Notary Seat Abeve spr "9 or""wy i;K Susan Pugh OPTIONAL Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: AUGUST .31 , 1999 Number of Pages: 1 Signer(s)Other Than Named Above: NONE Capacity(fes) Claimed by Signer Signer's Name: Dwight Reilly---------- ❑ Individual , ' Top of lhtwft here ❑ Corporate Officer—T)tle(s): ❑ Partner--❑limited ❑General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer lsRepresenting. FRONTIER INSURANCE COMPANY t 0 1997 Nalimal Notary Association•9353 De Solo Ave.P.O.Box 2402•Chalswerfh,CA 91313-2402 Prod No.5907 pwder.Caw Toil-Free 1-OM76.6827 ;,--r1ajn1 tier INSURANCE COMPANY 2536 Elm Hill Pike,Suite s00 Nashville,TN 37214 to Stock Compa'yl POWER OF ATTORNEY fi;nrriir Ali Men I1t (Theer I.Irrartita: That FRONTIER INSURANCE COMPANY,a New York Corporation,having its principal off:ce:n RoCk H.-II,New Y2rk.pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4fh day of November, 1985. "RESOLVED,that the Chairman of the Board.the President,or any Vice President be,and hereby is.authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Companyto execute bonds,undertakings,recognizances and other Contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corpora'e seal of the Company in the transaction of its surely business. "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney of to any certificate relal ng thereto by facsimile,and any such Power of Atto'ney or certificate bearing such facsimile signatures or faarmile seal shall be valid and binding upon the Company when so affixed with respect to any bond.undertaking,recognizance or other Contractof indemnity or writing obligatory in the nature thereof; ,,RESOLVED.that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof.said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution DOES HEREBY MAKE.CONSTITUTE AND APPOINT: H.J.DUECK DWIGHT REILL.Y VICKI MARTINEZ CHRISTOPHER S.HOPPER of Upland ,in the State of Califomia its true and fawfil Atforneyfsi-in-Fact with furl power and authority hereby conferred in its name.place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegalion,as fo;lows, Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than Insurance policies;and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED FIVE MILLION(S5,000,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said A:tomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. .?tit Witttrt3$"I1)rr rif f,FRONTIER INSURANCE COhtPANY of Rock Hill.New York,has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 26th day of August -19 97 FRONTIER INSURANCE COMPANY C State of New York BY. County of Sullivan ss.: THEaDORE rRUPLEY.President On this 26th day of August ,19 97 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came THEODORE J.RUPLEY of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company.and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company, referred to in the preceding Instrument,Is now In force. it tZratimatILI Iterrof,1 have hereunto set my hand,and affixed my official seal at Rock Hill,New York,the day and year above written a A.LA TAA r + pf1$LIG r .._.. you ALICIAA.LANESE Notary Public State of New York Sullivan County Clarks No.2396 CERTIFICATION Commission Expires July S.2000 I,JOSEPH P.LOUGHLIN.Secretaryof FRONTIER INSURANCE COMPANYof Rock Hill,New York.do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corperation and the Powers of Attorney issued pursuant thereto.are true and Correct,and that both the Resolution and the Powers of Attorney are in lull force and effect. eta Alitite9s 32111erruf, 1 have hereunto set my hand and affixed the facsimile seal of the Corporation this 31ST day of AUGUST . .19 99 M'Una, JOSEPH P.LOUGHLIN.Secretary S. PARKER ENGINEERING, INC. 10059 WHIPPOORWILL AVE FOUNTAIN VALLEY,CA.92708 TEL#(714)962-8137 FAX#(714)962-0437 LIC#739476 RECENT PROJECTS AND REFERENCES Owner/Proieet Name Contact L Phoaee# City of Chino Randy Little 5050 Schafer Street Supervision Chino, CA. 91710 (909)627-7577 X 847 1998-99 Concrete Repair, Contract#98-1119 Original Contract $66,064.50 Deductive C10 5 (656.30) Total Contract $65,408.20 County of Riverside Goerge Boyden Transportation&Land Management Agency (909)955-6769 4030 Lemon St., 8th Floor Annette Paturzo-Buyer II Riverside, CA. 92502-1090 Purchasing& Supplies Super (909)9554937 1998-Decorative Pavement on Mc Call Blvd. in Sun City,P09 89997 Total Contract $52,968.83 City of Fullerton Goerge Lin 303 W. Commemvealth Avenue (714)738-6870 Fullerton, CA. 92632 Eliseo Bravo-Inspector 1998 -Brea Slope Repair, Project#4551 -PO#25611 Original Contract $28,770.00 Change Order S _60-00 Total Contract $29,370.00 City of Upland John Dutrey-Project Coord. 1370 N. Benson Avenue (909)9314268 Upland, CA. 91786 1998 -City Wide Misc. Concrete, Bid#: 98-15 Original Contract $68,028.00 Change Order S 3.475.70 Total Contract $71,503.70 City of Fullerton Goerge Lin 303 W. Commenwealth Avenue (714)738-6870 Fullerton, CA, 92632 Frank Martin-Inspector 1998 - Curb, Gutter, Sidewalk Reconstruction,Project#FY 1997-98 Original Contract $185,643.70 Change Order S 19422.80 Total Contract $187,066.50 City of Costa Mesa Mike Stevens 77 Fair Drive Construction Inspector Costa Mesa, CA. 92628 (714)754-5028 1998 - City Wide Annual "ADA",Project#98-02 Original Contract $140,787.20 Deductive C/O S( 1456.04 Total Contract $139,331.19 City of Costa Mesa Mike Stevens 77 Fair Drive Construction Inspector Costa Mesa, CA. 92628 (714)754-5028 1998 -Missing Link Sidewalk CDBG Project Original Contract $334,604.50 Change Order S 300236-21 Total Contract $364,841.21 Housing Authority of Riverside County Tom Fan 5555 Arlington Avenue Program Development Riverside, CA. 92504 Coordinator (909)351-0824 1998 - Site Improvements for Corregidor Drive Apartments Original Contract $112,611.07 Change Order S 3,145.00 Total Contract $115,756.07 City of Costa Mesa Tom Banks 77 Fair Drive Associate Engineer Costa Mesa,Ca. 92628 (714)754-5222 1998 -Parkway Concrete Repair and Tree Replacement City Project#97-16 Original Contract $679,905.20 Change Order S 67,957.46 Total Contract $7479762.66 • J � j f City of Costa Mesa Dave Alkema 77 Fair Drive Park Superintendent Costa Mesa, CA. 92628 (714)754-5300 1998 -Tot Lot Equipment and Handicap Access Improvements Original Contract S248,308.33 Change Order S-3,209.45. Total Contract $251,517.78 County of Orange Bob Witting 10852 Douglass Rd. Principal Engineer Anaheim, CA. 92806 (714)567-6253 1997- Sidewalk Repair in the Rossmoor Area Original Contract S291,553.50 Rim of The World Unified School District Kenneth Doyle P.O. Box 3462 Project Coordinator/Architect Blue Jay, CA. 92317 (909)336-0342 1997-Removal of Sod at Rim of The World High School Replace at Like Gregory Elementary Original Contract Amount: $188,725.00 Deductive Change Order $<15,000.00> Change Order S 22- 35 1.77 Total Contract: $196,2256.77 City of Riverside Sandy Caldwell Public Works Department Principal Engineer 3900 Main Street (909)782-5341 Riverside, CA. 92522 1997-Downtown Sidewalk Repair 1996-97 Original Contract: $121,300.55 Change Order ,S 5,817-90 Total Contract: $127,118.45 County of Orange Al Sanchez Public Facilities&Resources Department Maintenance inspector/ 10852 Douglass Road Specialist Anaheim,CA 92806 (310)567-6300 1997-Drainage Improvements at Ralph B. Clark Regional Park PO 9-PC 405 L0005236.97 Total Contract: S 36,127.72 City of Cerritos hit Hunt 18125 Bloomfield Leisure Services Supervisor Cerritos, CA. 90703 (310)916-1263 1997-Liberty Park Sand and Volleyball Courts Project# 1062 $42,437.00 change orders$ 6,778.00 Total Contract: $49,215.00 JF t Fs:r,F I YIF wry'r d CA Mop 1# 1 — i " SEALED BID DO NOT OPEN WITH REGULAR HAIL , City of Huntington Beach k 1 ` 2000 Main Street, 2nd Floor Huntington Beach, CA. 92648 G Attn: City Clerk's Office � •it�i `�i T � • 4 t r { Project Namet+ Construction of � Improvements at Heil Ave. � Saybrook Lane ' , Contract No. CC-1099 - -. Bid Datet{ August 31, 1999 1R14 T$mP• iwin 1 v Al t. (TVQ7 ��'I`+r7r! OD �s1TY DF HUNTINGTONarlcn nc_P�bl.�oxrs MEETING DATE: 7/6199 DEPARTMENT ID R:PW 99-063 Council/Agency Meeting Held: 60 .� Zrred/Continued to: pppraveA ❑ Conditionally Approved ❑ Denied - c1� Clerk's Signature Council Meeting Date: 716199 Department ID Number: PW 99-063 Ig"S amf..J7d cb: 7hR� -M[. 0P.PaYl51c,! Rc6AX4/Ne. CITY OF HUNTINGTON BEACH D/RG°Nfi,c Pn' 'YC 01< ,/ REQUEST FOR COUNCIL ACTION YGIz QFTa)04W t3A YB�oK �f 4460A O;d &E 4E7?i4,96 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS cf C— 9; E2 SUBMITTED BY: RAY SILVER, City Administrat 4E2--4ri PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works nrn SUBJECT: Authorize Construction Bids for Heil Avenue/Saybrdbk Lane`A' Intersection Project: CC-1099 `"' > Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications for the Heil Avenue/Saybrook Lane Intersection Project are in final preparation, and upon approval by the Director of Public Works, the project will be ready for bid. Funding Source: Sufficient funds are available in account number E-SX-PC-099-3-90-00 and E-SX-PC-099-6-62-00. The engineer's estimate is $50,000. Recommended Action: Motion to: 1. Authorize the Director of Public Works to request bids for the Heil Avenue/Saybrook Lane Intersection Project; CC-1099 upon approval; and 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder. Alternative Action[sl: Deny approval of the Heil Avenue/Saybrook Lane Intersection Project, and direct staff on how to proceed. Analysis: At the April 21, 1999 Public Works Commission meeting, the Commission approved the attached report and revised conceptual design for the replacement of the temporary roundabout with a narrowed intersection at Heil Avenue and Saybrook Lane. However, the Commission expressed concern regarding the estimated $120,000 cost of the cc 1099 RCA -2. 06124199 3:48 PM RkUEST FOR COUNCIL ACTION MEETING DATE: 716/99 DEPARTMENT ID NUMBER:PW 99-063 Analysis (Continued: project. In response to cost concerns, staff has revised the concept (Attachment 2) so that it can be accomplished within the existing $50,000 budget, while addressing the overall objectives of the adjacent residents and the City. To accomplish these goals, the following design changes were made: 1. The narrowing of the intersection on the northeast and southeast corners has been eliminated from the project. 2. The impact attenuators have been replaced by palm trees in the "bubbled out" area proposed along the west side of Saybrook Lane. 3. Steel posts with concrete foundations placed behind on the alley side of the block wail have also been added to supplement the existing pine trees immediately behind the block wall, and will result in a maximum gap of about 5' in width. Other features of the concept remain as proposed: A. The temporary roundabout will be removed. B. The "Yield" signs will be replaced with "Stop" signs and "Stop Ahead" indicators. C. Heil Avenue will be restriped to replace the angle parking with parallel parking. Staff and the neighborhood residents have reached a consensus that the roundabout that was placed on a trial basis is not the most appropriate solution. In its place, staff developed the revised alternate concept as shown on the attached drawing, which better meets the original project objective within the currently budgeted funds. Staff agrees that this concept is superior to the roundabout as this revised alternate would (1) require traffic to stop on each approach before entering the intersection, (2) eliminate confusion by motorists unfamiliar with the roundabout, and (3) maintain a more conventional intersection without the loss of lanes. The City's Fire and Police Departments have reviewed and concur with the attached conceptual plan. The Engineer's estimate is $50,000 Public Works Commission Review: The Commission reviewed and recommended approval of the project shown on Attachment 2 on June 16, 1999, by a vote of 4-1 (Hicks- No) (Absent-Gartland, Hartge). Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c), and Categorically Exempt by the National Environmental Protection act. cc 1099 RCA -3- 06/24199 3:48 PM R UEST FOR COUNCIL ACTIN MEETING DATE: 716199 DEPARTMENT ID NUMBER:PW 99-063 Attachment(s): C Clerk's D• 1. Sample contract 2. Project Conceptual Plan 3. HHPOA Resident Survey Results and Recommendation Report 4. Public Works Communication to HHPOA RCA Author Charlonne:EC:LD:Jm (35268) cc 1099 RCA -4- 06/24/99 3:48 PM ATTACHMENT 1 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE HEIL AVENUE/SAYBROOK LANE INTERSECTION PROJECT(CC-1099) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGESIDELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEE 15 32. ENTIRETY 16 g:agree:fb ms: on-sam:06rnn9 SAMPLE �I Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE HEIL AVENUEISAYBROOK LANE INTERSECTION PROJECT(CC-1099) THIS AGREEMENT, made and entered into this day of 199_1 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"and , a Califomia corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Heil Avenue/Saybrook Lane Intersection project(CC 1099) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all toss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, Including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, gagreelorm:con-sam:06raffl 1 SAMPLE and for well and faithfully completing the work within the stipulated time and In the manner shown and described in this Agreement,and In accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference,with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents Insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA g:agree:torfi:con-sam:06 22W 2 SAMPLE 90034,and all amendments thereto,written and promulgated by the Southern Califomia chapter of the American Public Works Association and the Southem California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents Including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned In the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as"DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ },as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (90)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion g:agree:fbrm:con-3am:0Gr.W99 3 SAMPLE within U consecutive calendar days from the day the"Notice to Proceed"is Issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecution of its work In conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, fumish materials and perform all work necessary within the scope of the PROJECT as the DPW may require In writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. g:agree:form:con-sam:06J22W 4 SAMPLE When directed to change the work, CONTRACTOR shall submit Immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered In writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR;thereupon, CITY will promptly Issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed Is issued. In event of a delay In commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one In the amount of one hundred percent of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof; and one In the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or g:agree:form:con-sam:06r22W 5 SAMPLE structural facilities constructed. CONTRACTOR,within ten (10)days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten-(10)day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and Its officers, agents and employees and all business licenses, if any, In connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder Is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it Is,therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars per day for each and every working 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 losses CITY would sustain In the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g:agree:form:con-sam:06r,OJ99 6 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay In completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall,within fifteen (15)days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, In its Judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined acticn of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor Is presented In writing to CITY within fifteen (15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. g:agreelorm:con-sam:06/2 M 7 SAMPLE l �'0I 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly,and before such conditions are disturbed, notify the DPW in writing of. (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly Investigate the conditions and if it finds that such conditions do materially so differ and cause an Increase or decrease In the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however,the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion,when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in g:agree:tarmxon-sam:06 2M 8 SAMPLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW,faithfully executed fifty percent(50%)or more of the value of the work as determined from the bid schedule, and If the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(%100)of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35)days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment Is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 9:agreelorm:con-sam:06/2 M 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth In an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, Including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS'COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code,which requires every employer to be Insured 9:agreelorm:cm-sam:0612 M 10 SAMPLE against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors'employees. CONTRACTOR shall famish to CITY a certificate of waiver of subrogation under the temps of the workers compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or In connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, Including productslcompleted operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1.000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be app'icable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's Insurance shall be primary. g:agreelorm:eon-sam:0 22W 11 SAMPLE 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 Attomey evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently In force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30)days prior written notice of CITY; and 4. shall state as follows: 'The above-detailed coverage Is not subject to any deductible or self-Insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay. in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. g:agmeJorm:cm-sam:06122W 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such Notice of Intention has been served on CONTRACTOR, CITY may,without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become Its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. fl:agmelormcon-sam:0612M 13 SAMPLE �j 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two, regardless of whether or not CITY is named In an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so Incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery Is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the Immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for g:agree:form:con-sam:06122W 14 SAMPLE v v ATTACHMENT #3 — TON RESIDENT SURVEY RESULTS AND RECOMMENDATIONS SAYBROOK /AIL AVENUE 'ROUNDABOUT ' PROJECT MARCH 31, 1998 PRESENTED TO THE CITY OF HUNTINGTON BEACH PUBLIC WORKS ADVISORY BOARD PREPARED BY THE HUNTINGTON HARBOUR PROPERTY OWNERS ASSOCIATION Huntington Harbour Property Owner's Association,lnc. P.O. Box 791 Sunset Beach, CA 90742 (714)840-7877 BACKGROUND At the end of last year, the Public Works Advisory Board of the City of Huntington Beach approved the installation of an experimental traffic circle or "Roundabout" for the intersection of Saybrook Lane and Heil Avenue in the Huntington Harbour area of the City. The Roundabout concept was chosen as a potential solution to a long term problem intersection where drivers have failed to stop at stop signs sand where'vehicles have breached the black wall at the end of Heil Avenue on numerous occasions. A series of different solutions have been tried previously at this location: all without success. The Roundabout experiment was scheduled for a three-month trial period. After the first month of the trial period had elapsed, the Huntington Harbour Property Owners Association (HHPOA) prepared and distributed an opinion survey to gauge resident reaction to the project. An original copy of the survey form is attached to this report. The primary question asked in the survey was whether or not the Roundabout should be made "permanent". The survey then asked for written comments about the Roundabout or suggestions as to a better solution. Survey forms were distributed to all HHPOA members (about 700), all parents of children at Harbour View school (about 900) and all non-member residents (about 40) of.Christiana Bay Condominiums, which is situated at the end of Heil Avenue. A total of roughly 1,640 forms were distributed. This report coincides with the end of the planned experimental period. We will discuss the survey results, summarize the survey comments, and present and propose recommendations concerning the Roundabout project. SURVEY RESULTS A total of 342 responses were received by the due date of February 14th plus-a week's grace period.. Th4,represented roughly 21% of the • survey forms distributed.. The'primary question of the survey was whether or not the Roundabout should be made "permanent", meaning that a formal version of the experiment should be constructed. To that question, two-hundred-fifty-eight (258) or 75.1% were in favor of making the Roundabout permanent. A total of seventy-nine (79) or 23.4% wanted the Roundabout removed, and five (5) or 1.5% were unsure about what to do. In summary, the respondents approved of the Roundabout by a margin of 3 to I. Stop Signs Of those responding to keep the Roundabout, 38% (97/258) thought one or more of the stop signs should be re-installed. Of those voting to discontinue the Roundabout, nearly all (72/79 or 917o) opted for the return of the stop signs. Together, that represents 60% of all ' respondents. This Indicates that a majority of those responding felt- that the current implementation of the Roundabout has some safety flaws that need to be addressed. Crossing Guard About 33%(86!258) of those in favor of keeping the Roundabout felt that the crossing guard should be retained after the permanent structure is in place. The current plans call for the removal of the crossing guard after the experimental period. Yield Signs t Many of the respondents felt that drivers do not understand what "yield" means. Failure of drivers to yield to those already in the circle was frequently stated along with a general confusion about the use and non-use of turn signals to indicate the intended path of travel. 1 Traffic Speeds There Were many comments, particularly among those who want the Roundabout removed, about excessive speeds in the vicinity of the ..Roundabout. Those.traveling south on Saybrook Lane, those turning right from Saybrook onto Heil Avenue, and'those turning 4 ight from Heil Avenue onto Saybrook bane were the instances cited. That leaves few traffic paths where vehicles don't speed. The speeders are also the most likely ones who fail to yield to other vehicles. Design Comments ' The most frequent comments had to do with the final installation and design. Most wanted either a landscaped center to the circle or a combination of stamped concrete and landscaping. Some wanted speed bumps or Botts dots placed in the approach to the Roundabout from one or more directions. This is counter to the comments from those living nearest to the intersection which report lower noise levels due to fewer stops and accelerations. Various other comments suggested combinations of reflectors and signs to alert drivers in the vicinity of the Roundabout. -OUR OBSERVATIONS Separate from the survey, we have the following observations: Bike Lanes The bike lane on Saybrook Lane was placed behind the new angled parking for vehicles. We believe that the angled parking needs to be moved away from the sidewalk far enough for the bike lane to be placed in front of the parked vehicles. This would mean that tire restraints be used to align vehicles out of the bike lane. While•this realignment would push vehicles further out into the street, the street width is adequate to handle the concept. W . RCr Q�r .r ATTACHMENT 2 U U CITY;and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attomey's fees. 32. ENTIRETY The foregoing, and Exhibit"A,"attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California BY print name 1TS: (circle one)Chairman/PresidentNice President Mayor AND ATTEST: BY print name City Clerk ITS: (circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: rNI-TIATiED Q,ttomey?AND APPROVED: �171 City Administrator Director of Public Works p:agree:forrnmon-sam:06raffl 15 SAMPLE r. t: Re-alignment of Saybrook Lane Vehicles traveling south on Saybrook Lane presently have nearly a straight path through the Roundabout. This allows drivers to enter the Rat ndabout at excessive speed. .Southbound traffic must be forced to deviate from a straight line at the Roundabout for it to be effective In slowing and controlling traffic as Intended. The street %idth appears to be adequate to allow a re-alignment. Crosse alks We feel that the crosswalks at.the Roundabout should be eliminated. Their vacated positions should have "No Crossing" signs and barriers erected at each site. We propose that the crosswalk across Saybrook Lane be moved to the vicinity of the stop sign at Humboldt Drive. We propose that the crosswalk across Heil Avenue be moved to mid-block on Heil Avenue In the vicinity of the school yard gate. No crossing guard should be necessary at either of the new sites. Speed Limit - - We propose that the speed limit on Saybrook Lane be reduced to 35MPH to conform with the new speed limit on Heil Avenue. The present 45MPH speed limit does not make sense, with or without the Roundabout. In the old configuration, Saybrook Lane had two stop signs within its quarter-mile stretch before the school zone. Narro"ing the street by installing a two-way turn lane from Heil Avenue to Edinger Avenue would do the trick and allow 35MPH conformance. ti�G,roN HH o OPMON 'SURVEY -SA YBROOKjHEIL ROUNDABOUT BACKGROUND An Australian-design traffic circle or "roundabout" was placed at the intersection.of Heil Avenue and Saybrook Lane during Christmas vacation of 1997. This is a three-month experimental effort by the = City of Huntington Beach to slow traffic in the area and prevent vehicles from crashing through the wall at the end of Heil Avenue-. Residents of the Christiana Bay condominium complex 'at that location report that fourteen vehicles have breached the wall since it was originally constructed. The City, at one point, placed a flashing red light in front of the wall to warn on-coming drivers that the toad ended. Two successive red lights were dwimed within a few months. i In 199,7, a driver went through the wall in broad daylight, killing a pedestrian which was passing that spot on the sidewalk. The condominium owners and the relatives of the deceased pedestrian finally said enough is enough. Two of the condominium owners proposed a series of solutions for consideration by the City. Each item proposed was rejected because of either liability or cost or both. These options included various barriers in front .of or behind the wall, as well as diversion devices. At one of the meetings between the City, the-condominium owners, and the Huntington Harbour Property Owners Association, the City traffic engineer proposed a traffic circle along with street narrowing devices to first slow traffic and then control the flow. That meeting group proposed the idea to the Public Works Advisory Board, which reviews public works projects for the City Planning Commission. A three-month trial period was approved, after which the results of the trial as well as public comments would be used to determine if the traffic circle should be made permanent. 4' Huntington Harbour Property Owner's Association.Inc. P.O. Box 791 Sunset Beach, CA 90742 (714)840-7877- 4 RECOMMENDATxONS Based upon the survey results and our own observations, we recommend that the Roundabout be made a permanent installation. We also recommend and request that the comments of the'survey respondents and our oven observations presented above be considered In any final implementation of the Roundabout structure. SURVEY ORIGINALS Copies of the original survey responses have been delivered to the Traffic Division of the Public Works Department. The actual original survey forms are in the possession of the HHPOA, but are available to City personnel and Advisory Board Members for review at the Association offices. Call 714/840-7877. r. It has been about one-month since the "roundabout" was constructed. Most of you have been through the intersection by now and we are asking for your opinions and comments about the circle.. .While you . complete the survey form, keep in mind the following: * We are seeking solutions for this intersection. It has been a problem for many years. If the traffic circle is not the answer, then we would like suggestions about how.you would solve the problems at the intersection; * The-speed limit on Heil Avenue is to be reduced to 35MPH; * The City-provided crossing guard at the intersection will not be retained after the trial period; * The permanent installation will be constructed with concrete curbs, stamped concrete and/or landscaping in the circle center, and permanent warning signs and reflectors; * The intersection traffic volume does not qualify for a traffic signal at the location. j COMPLETING THE SURVEY FORM: I. Separate the survey form from this informational section; 2. Name and address are optional, however,your comments will not be considered If your name and address are not supplied; 3. Check the appropriate boxes; 4. Use the reverse side of the survey form for comments. WHERE TO RETURN THE SURVEY: HARBOUR VIEW SCHOOL - PRINCIPAL'S OFFICE HUNTINGTON HARBOUR PROPERTY OWNERS ASSOCIATION 16899-C ALGONQUIN STREET - HUNTINGTON HARBOUR NIAL.L OR MAIL TO: H.H.P.O.A. P.O. BOX 791 SUNSET BEACH CA 90742-0791 *** PLEASE RETURN BY FEB 14TH *ss OPINION SURVEY FORM SAYBROOK/HEIL ROUNDABOUT *** PLEASE RETURN BY FEB 14TH *** YOUR NAME: STREET ADDR: 1. The Roundabout should be: D MADE PERMANENT ❑ REMOVED COMPLETELY 2. If you chose a PERMANENT installation: a. The following enhancements should be added: El STOP SIGNS El CROSSING GUARD 3. If you chose REMOVED COMPLETELY: a. The following should be done at the intersection: D PUT THE STOP SIGNS BACK USE REVERSE SIDE FOR COMMENTS *** Huntington Harbour Property Owner's Association.inc. P.O. Box 791 Sunset Beach,CA 90742 (714)840-7877 » r COMMENTS: WHEN COMPLETED.. RETURN SURVEY FORM TO: HARBOUR VIEW SCHOOL - PRINCIPAL'S OFFICE HUNTINGTON HARBOUR PROPERTY OWNERS ASSOCIATION 16899-C ALGONQUIN STREET - HUNTINGTON HARBOUR NIALL OR MAIL TO: H.H.P-O.A. P.O. BOX 791 SUNSET BEACH CA 90742-0791 "s PLEASE RETURN BY FEB 14 M "� ti�G�N H H RT'Y FINAL DESIGN CONSIDERATIONS AND RECOAMENDATIONS SAYBROOK IANF411EIL AVENUE "ROUNDABOUT" PROJECT _ FEBRUARY 171 IM PRESENTED TOT CITY OF HUNTINGTON BEACH PUBLIC WORDS DEPARTMENT PREPARED BY THE HUNTINGTON HARBOUR PROPERTY OWNERS ASSOCIATION Huntington Harbour Property Owner's Association,lnc. P.O. Box 791 Sunset Beach, CA 90742 (714)840-7877 PROJECT REVIEW Czk; The three-way intersection at the comer of Heil Avenue and Saybrook Lane in the Huntington Harbour area of Huntington Beach had been an on going problem for a number of years. At least fourteen vehicles have..crashed into the wall at the end of that intersection with one or more fatalities resulting: After a number of_face-to-face meetings with City Public Works officials by the second half o€ 1997, It was agreed to propose an experimental traffic circle concept known as a "Roundabout" patterned after namesakes in Australia. The project was proposed to the Public Works Advisory Board as a three-month trial after which the Board and the City would decide whether or not to construct a permanent version of the experiment. The temporary circle was placed into service in December of 1997. In February of 1998, the Huntington Harbour Property Owners Association conducted a survey of its members and of parents of children attending Harbour View School (adjacent to the project) to obtain comments and constructive criticism concerning the circle. Results of the survey and a synopsis of the comments were compiled ! in a report that was presented to the City and the Public Works -.Advisory Board at the end of March 1998. As a result of the findings, the Advisory Board recommended design and construction of a permanent structure to be implemented in•fiscal 1999. During 1998, changes were made to the southbound approach to the circle to attempt to reduce speeds of southbound traffic. Some of the signage was also changed. The changes, largely, were of no avail and southbound traffic was relatively unaffected after a short "learning period". One vehicle, 'traveling westbound on Heil Avenue, went through the wall, but at an angle to the circle rather than driving over it. Residents report many "near misses" as well as excessive • -speeds in'the vic'uzity of the circle. While these occurances are concerning, they are not without remedy. As the final design is in the process of being proposed, we feel compelled to provide the insights of the Association and the neighbors surrounding this project to assist the City in building a final product that will meet the needs of the intersection and provide a safe and pleasant passage of traffic through the area. ~�4 srAr.E. W N PKOPO®LATCM KSN PEE o�+.Ao 1'•t out Mace '.. E71 URU61 E70SiylD RIDLR MAIL }j RBAQY4;i blACt S4EMWALK \ �• ... �. EXISTINGMEWALK.CaG.. ...................'A :................... .,. . . '!" �� PROPQSEDCURE � STRfEY ROW[IYPa _ ...._._........ ..................... STREfI ROW[ma ::::::::::::::::::::::::::::..................................... ..... ................ DWING SIDEWALK.C&G • SAYBROOK ` LANE PLANTING I 'a ;;. FCFND? / "am WYAM[AL NAME COMMON MANI SPE IXUNflTY unsy+G N b"AwAy 1J W04NOTOWA NMWA ■ERCAN FAN►ALO le-TOP LTA 7s SAYBROOK & HEIL PROPOSED INTERSECTION IMPROVEMENTS REVIEW OF THE ORIGPIAL SURVEY Our original survey of school parents and HHPOA members was completed in the first quarter of 1998. While 75% of the respondents favored a permanent installation, about 601% of the respondents felt that the stop signs should be retained. Retaining the'extra crossing guard was favored by only one-third of the respondents. There were many comments about the fact that most drivers don't understand what Yeld" means, thus causing various idnds of confusion from stopping completely to playing chicken. The most frequent comments had to do with excessive speeds. (The adjustments made later in the approach paths have had little effect on this problem.) Many of the.respondents inquired about the aesthetics of the final design. While the City Public Works Department has produced very pleasing center medians throughout our City, this project may have some eery daunting challenges for combining aesthetics with effectiveness and safety. Our mini comments accom' pan)zng the report had to do with the bicycle lane on the eastbound Heil Avenue side. The bike lane was placed behind the angled parking, thus creating potential driver visibility problems when backing out of parking spaces. It isms later decided to move the bike lane to the sidewalk by moving the existing trees to the schoolyard. That never happened. We recommended removal of the crosswalks from the vicinity of the circle and relocate them. That recommendation was implemented. We proposed the speed limit on Saybrook'Lane be lowered from 45MPH to 35MPH to conform with Heil Avenue. That was not done even though the distance from the circle to the stop sign at Humboldt Drive is only about 400 feet. The conclusion of the survey and recommendation from the Association was to make the Roundabout a permanent installation and it was so stated. 4 WHERE WE STAND TODAY While the proposed final design of the Roundabout has now been prepared by the Public Works Department, it seems strange that the views of the Christiana Bay condominium residents and those of the Huntington Harbour Property Owners"Association were not solicited prior to preparing the.drawings. We feel that it is bizarre that the people who are closest to the project and who monitor it virtually on f a daily basis have not been asked to provide input to the staff and management of the Department prior to proposing the final design. Be that as it may, the following Input Is presented at this time to aid In fine tuning the final project: Adjustments xo Saybrook Lane The conduct.of the traffic on Saybrook Lane Is out of control. Excessive speed, failure to stop at the sign at Humboldt Drive, failure to yield or use turn indicators at the circle are only a few of the problems observed. While some aggressive law enforcement would do •;�" wonders, the Police Department's stated position is that it is not cost • effective for officers'to sit on speed watch since the City only receives sixteen ($16.00) dollars out of every one-hundred ($100.00) dollars of citations issued. During a review of the State Vehicle Code and City Ordinances, we could not find any language, explicit or implied, that indicated laws need not be enforced if enforcement was not deemed cost effective. Until this issue Is resolved, we need to concentrate on a multi-faceted strategy to obtain the behavior that we desire: Reduction in the Speed Limit .We propose that the speed limit for the portion of Saybrook Lane from Edinger Avenue to Humboldt Drive be reduced to 25MPH. This is consistent with the speed limit on Heil Avenue in the vicinity of the school and is consistent with the fact that the distance between the two streets is less than a quarter mile. We also propose the speed limit northbound from Heil Avenue to Humboldt Drive be lowered to 25MPH. This is a distance of only about 400 feet. The current 45MPH seems inappropriate ' and seems to be a major contributor to the failures to stop at the Humboldt stop sign. As evidence of driver's anxiety in the vicinity of the circle, one must only look at the curb at the corner where westbound traffic on Heil turns north on Saybrook Lane. The entire curb area is black with tire marks from drivers cutting the corner too sharply. Realignment of the Street Markings In conjuction with the reduced speed, we propose an increase In the width of the bike lanes from Edinger to Heil and abandonment of the red curb area in favor of unmarked street parking during the day with signage prohibiting overnight parking. This change not only will further narrow the street_to help control speeds, but will be an added benefit to residents faced with NO PARKING on sweep days twice per month on Mondays. Relocation of the Postal Bog ' ' A postal drop is located on Saybrook Lane near Morning Star Drive. Those stopping to deposit mail force passing vehicles to si erve around them into on-coning traffic as they open the ' door to exit their vehicle. Worse yet, some of the mail users + leave their doors open while they run to deposit mail in the box. Let's convince the postal authorities to move the drop box to a safer location where the level of thru-traffic is not as severe. A suggested location would be on Morning Star Drive gust beyond Harbour Lane. While that location may not be ideal for postal employees on a "route", it may save someone's life some day. 1 �- Adjustments to Heil Avenue Our primary concern along Heil Avenue is related to vehicle and pedestrian traffic considerations. Normally,-one thinks about solving the traffic problems related to in-session times, but we urge you to also consider safe passage in off-hours and off-season. The playing fields at the Harbour View school represent natural magnets for young people during the entire year. There are no crossing guards on duty during these times, so careful design strategies need to be considered which will allow easy access to school grounds, yet provide adequate safety. We propose the following: Bike Lane Relocation The bicycle lane needs to be moved from the present location (behind the parked vehicles) to the sidewalk, as originally planned. It is obvious that appropriate signage needs to be Installed when that happens. The angled parking has been a popular addition to the school-area and Is used extensively for drop-off and pickup of children by parents and for parking during team sports practice and games. Its popularity causes a danger under the-current configuration with the bike lane ' behind the parked vehicles: Two-Way Turn Lane We propose the center turn lane be evaluated for turns anywhere along its length. Presently, left turns are occurring across the double lined section, as well. Removal of the bike lanes to the sidewalks should leave ample room for any adjustments that are needed. Circle Design Considerations In designing the permanent physical circle and approach islands, one must reflect on the reasons for beginning this project in the first place. The focus of all of the attention at this Intersection was to eliminate or minimli e the breaches of the wall at the end of Heil i Avenue. Virtually all other proposed solutions were rejected by traffic engineering primarily because of potential liability of the City. Most`,��4 - r • of those solutions involved hard barriers of one form or another. `y Keeping that consideration In mind, we have some suggestions as to the safety features of the permanent circle: ; Circle Physical Construction Ideas We propose that the center landscaped area within the circle be raised above the curb line by a minimum of eighteen (18'D Inches to as high as twenty-four (24") inches. In addition, we ' propose that the circular retaining wall be constructed as an energy absorbing body with crushable materials formed in modules and using nylon mesh as reinforcement, instead of steel bars. The purpose is to create an energy absorbing • barrier that consists of crushable wall segments with soil behind it which will effectively stop a vehicle, but not Inflict major damage to the vehicle or the occupants. This idea parallels the use of the yellow barrels surrounding freeway sign supporting members. The design of the leading curb of the circle then needs careful consideration on how to keep a speeding vehicle from going airborne when it hits the initial curbing. Aesthetically, we propose this center retaining wall have the words 'HUNTINGTON HARBOUR" recessed into the wall material on its perimeter. Whatever the material, we propose that it be plastered or painted white to contrast with the standard brick colored stamped concrete wall.may required for safe access during landscape maintenance. Our Association will provide the recessed letter components to the City. Re4ustallation of the Stop Signs We propose that the intersection return to a three-way stop. . While we are reluctant to admit failure of the 'Meld" concept, we have been disappointed in the results to date. Aggressive driving habits seem to be a fact of life and without a corresponding aggressive enforcement effort, little hope is held for orderly sharing of the circle. Recall that about 60% of the respondents to the original survey felt the return of the stop signs was needed. At this point, we must agree. �* f . What to Do About Crosswalks If the stop signs are not replaced, then the crosswalks should not return either.' Originally, the crosswalks were supplemented with a crossing guard. Even if the crossing guard is retained during school hours, the danger to children and adults crossing the 'street in the vicinity of the circle during off hours is too dangerous for'the City to risk potential liability for such a "convenience". Our original proposal provided crosswalks at Humboldt Drive and on Heil Avenue in the vicinity of the school gate.. Neither was considered or implemented by the'City. On this issue, we yield to the judgement of the traffic officials who grapple with decisions like this at each school zone and are familiar with what works and what doesn't. SUhMARY i i We have reviewed our observations and recounted the survey conducted among the most frequent users of the intersection. We have*conveyed our concerns, ideas, and suggestions about the impending final design. Not having seen the drawings of the proposed final configuration, we can only convey to you our check list of what we feel needs to be considered. We hope that we are on the, same side as the City concerning this intersection: we want a safe and ' effective solution to a long standing problem while providing for a smooth flow of traffic through the area. If that objective is accomplished, we can all be very proud of our efforts. i V v ATTACHMENT 4 t CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 California 92648 Robert F. Beardsley, P.E. Department of Public Works Director (714)536-5431 March 24, 1999 Mr. Jerry Urner,President Huntington Harbour Property Owners Association P.O. Box 791 Sunset Beach, Ca. 90742 Subject: February 17, 1999 Final Design Considerations/Recommendations Report Dear Mr.Urner: During our meeting on February 17,you and Mr.Don Estrin provided information to us regarding the Heil Avenue/Saybrook Lane Roundabout Project. These comments from the Huntington Harbour Property Owners Association were summarized in your Final Design Considerations and Recommendations Report. . In response to your comments,we developed an alternative to replace the roundabout with a narrowed intersection and presented this concept to you on March 3, 1999. Subsequently, we have also requested additional input from the City's Police and Fire Departments as well as from our Department of Public Works. While a few minor comments have been made,the concept of the narrowed intersection still appears to be superior to the roundabout in several ways. As a result,we plan to bring this matter before the City's Public Works Commission at their meeting on April 21,and then on to the City Council, if the Commission supports this alternative. Additionally,the following summarizes our response and the status of each of the suggestions made in your report: SAYBROOK LANE ADJUSTMENTS 1. Reduction in Speed Limit—The present 45 MPH speed limit was established in 1996, and we believe that it is still appropriate in the area between Edinger Avenue and the three way stop at Humboldt Drive. In the 1,000' segment southerly to Heil Avenue, Saybrook Lane is now posted 25 MPH on the approach to the roundabout This section will be reevaluated after construction of the improvements at Heil/Saybrook and the proposed restriping described below. Jerry Urner Huntington Harbour Property Owners Assoc. Final Design Considerations March 24, 1999 Page 2 - . 2. Resai' f Saybrook Lane--The present striping essentially provides two through lanes in ' each direction,a painted median,and bicycle lanes on both sides of the street in the reach between Edinger Avenue and Humboldt Drive. In the segment southerly to Heil Avenue,we plan to change the striping to provide an appropriate transition into the narrowed intersection. This will likely involve the removal of the majority of the existing red curb,widening of the bicycle lanes, and a single through lane in each direction. The painted mediaa area will also likely be widened. 3. Relocation of the-Postal Box—The Post Office has been contacted and we have asked them to consider relocation of the drop box as you suggested. They will consider moving it from its present position on the east side of Saybrook Lane to a new location at Morning Star Drive and Harbour Lane. HEIL AVENUE ADJUSTMENTS L. Bicycle Lane Relocation—While several options were considered,it would be appropriate to modify the existing striping on Heil Avenue between Saybrook Lane and Algonquin Street. We propose to allow parallel parking on both sides of the street as part of this modification. The roadway would also contain a painted median, a single through lane in each direction, and a bicycle lane with parallel parking in each direction. Except for the area immediately east of Saybrook Lane,we propose to implement these changes by the end of next month 2. Two Wav Left Turn Lane—We concur that the new painted median oa Heil Avenue from Saybrook Lane to Algonquin Street should be a two way left turn lane,and we will make this apart of the restriping project described above. CIRCLE DESIGN CONSIDERATIONS .1. Circle Physical Construction—The proposed concept eliminates the roundabout and substitutes a narrowed intersection essentially as shown on the recent sketch that was shared with you.The intersection approaches are now proposed to be 28' in width,rather than 24", to facilitate the turning of fire department vehicles. Within the area to be created along the west side of Saybrook Lane,several different options are being considered.These include impact energy attenuators (crash cushions)or appropriate landscaping,but do not include cable barrier, guardrail,or concrete barriers.The City will certainly work with the Association as it designs and constructs an appropriate entrance sign within this area as well. Jerry Urner r Huntington Harbour Property Owners Assoc. . Final Design Considerations March 24, 1999 Page 3 " 2. Reinstall a Three Way Ston--FolIowing construction of the revised concept,the City will install stop signs on each of the three legs of the HelYSaybrook intersection. 3. CrosswaIks-Yellow school crosswalks will be installed across each of the three intersection legs at Heil/Saybrook upon completion of the construction project. We believe that these three crosswalks will adequately and appropriately serve the needs of the area and we do not recommend other marked crosswalks such as at Humboldt or tnidblock across Heil Avenue. In addition to these items,we are also evaluating the possible closure of the driveway acces's to the alley parallel to Saybrook Lane as suggested by Mr.Don Estrin. At this point,we believe that it will be feasible to accomplish this with the construction project. To change our former course,we need your continuing input as weII as support from the Association throughout the upcoming process. In this regard,we would appreciate your response to this letter by April 6,so it can be included in the Commission's packets. We look forward to continuing to work with you and the Association on this project.Please give me a cd11 hryour convenience at(714)536-5523. Sincerely yours, Tom Brohard Interim Transportation Manager cc: Don Estrin, 16532 Harbour Lane,Huntington Beach,Ca. 92649 Robert F.Beardsley,Director of Public Works Robert E. EichbIatt,City Engineer Doug Stack,Principal Engineer Terri Elliott,Associate Traffic Engineer RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Authorize Construction Bids for Heil AvenuelSaybrook Lane Intersection Project: CC-1099 COUNCIL MEETING DATE: July 6, 1999 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map andlor other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by 2z Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find ingslConditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) { } Assistant City Administrator (initial) { } ( } City Administrator (Initial) City Cleric ( ) EXPLANATION FOR RETURN OF ITEM: Only)I (Below Space For City Clerk's Use RCA Author. A112�Jy/J SECTION A ,._,� ,W '�/, 4' . NOTICE INVITING SEALED BIDS for the Construction of Improvements at Heil Avenue and Saybrook Lane CASH CONTRACT No. CC-1099 in the CITY OF HUN TINGTON 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 p.m. on August 31, 1999. 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 $10.00 nonrefundable fee if picked up,or payment of a$20.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance «zth 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 uith the Instructions to Bidders. A-1 The bid must be accom [ied by a certified check, cashier's or bidders bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful - bidder shall-be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. , BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA, the 6TH day of July 1992. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-Z 4 r _ �J CffV OF HUNnM(3T0H BEACH 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648 Public Works Department-Street Design Division Telephone: (714) 536-5431 Fax: (714) 374-1573 LETTER OF TRANSMITTAL DATE: 816/99 PROJECT: Saybrook/Heil Intersection Improvements TO: City of Huntington Beach CC NO: 1099 2000 Main St. Huntington Beach, CA 92648 ATTENTION: City Clerk FRO�i: Mark Uphus i 4 SUBJECT: Notice Tnvitinl*Sealed Bids We are forwarding: ❑ By]Mail ® By Messenger ❑ By blueprint service item Copies Pages Description Na I I 2 Notice Inviting Sealed Bids 2 3 4 5 Status: ED Final ❑ Preliminary ❑ Revised ❑ Approved ❑ Released ❑ Reviewed Sent for your: ❑ Approval ❑ Signature ® Use ❑ File ❑ Information ❑ Review Please Note: ❑ Revisions ❑ Additions ❑ Deletions ❑ Corrections ❑Not for Construction Remarks: For first publication in the Independent 8112/1999 cc: CC 1099 File# G:\Eng1CC10991TXHBcc.DOC G.',E,\G'.CC10991T"NSNI"TXCC.DOT FOB cow o(F Hum-r me-rom BEACH 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648 Public Works Department-Street Design Division Telephone: (714) 536-5431 Fax: (714) 374-1573 LETTER OF TRANSIIITTAI, DATE: 8116/99 PROJECT: Saybrook/Heil Intersection Improvements TO: City of Huntington Beach CC NO: 1099 2000 Main St. Huntington Beach, CA 92648 ATTENTION: City Clerk �9 FROM: Mark Uphus ►fit` SUBJECT: Notice Inviting Sealed Bids We are forwarding: ❑ By Mail ®By Messenger ❑ By blueprint service Item Copies Pages Description No 1 1 2 Notice Inviting Sealed Bids 2 3 4 S Status: ® Final ❑ Preliminary ❑ Revised ❑ Approved ❑ Released ❑ Reviewed Sent for your: ❑ Approval ❑ Signature ® Use ❑File ❑ Information ❑ Review Please Note: ❑Revisions ❑ Additions ❑Deletions ❑ Corrections ❑Not for Construction Remarks: For first publication in the Independent 8/12/1999 cc: CC1099 File 4 WEng\CCI0991TX1Bcc.D0C 0:1f:rG�CC 10991TR.A-NSN1nV9'17iCC.DOT