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HomeMy WebLinkAboutRepublic Electric - 2004-03-15 City of Huntington Beach [COLD INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: T OSE LISTED HEREON FROM: ric R. Charlonne, Construction Manager DATE: April 12, 2005 SUBJECT: Retention Release Payment Company Name: Republic Electric Corp. Address: 7120 Redwood Blvd. City, State and Zip Code: Novato, CA 94945-4114 Phone Number: (415) 898-8897 Business License Number:A 184732 Exp. 8/05 Local Address: Same as above Notice of Completion Date:November 11, 2005 Contract Purpose: Release of remaining 10% money to contractor from Cash Contract No.1253 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on th ect a his time. Date ,y� / aul S. Eme cting Public Works Director I certify that there are no outstanding invoices on file. Date hari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. o'�D 65 ate JoanC rlynn,—City 0qerk Reten.Release.doc 4/18/2005 9:45 AM Apr-14-05 08:25pm From-Republic lectric Company Home Center 4158989477 Am T-947 P.002/003 F-269 MW 04/12/2005 03:37 7143741573 CHB ENG PAGE 02/03 t City of Huntington Beach Department of Public Works 2000 Main Street/P.G. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VOB of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Mal hereby certiffes that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set Earth in the contract or training program provisions applicable to the wage rate paid. (S/g is and Title) • APPROM As TO FORM JE IPER Mo0RAT$GIVA&=,r sue, en Batt uty CYtyAthmr/ i I'/ g:floliowuptcashcantlpshconl.doc C(OPY r.Irn.•••-r:H J Apr-14-05 08:25pm From-Republ i ectric Company Home Center 4158989477 T-947_ P_003/003_ F-269 04/12/20QS 03:37 7143741573 CHB ENG PAGE 03/03 IDEC .AR4't-gn gI=SATISFACTION QF CLAMS. T ' I,' •'.,P��?G(g�C• r�L<�C.�7L/G ' ' ,state: , (Name of Conbsctor) 1. I am the general contractor for the City of Huntington Reach, as to the project more fully described In the public works contract entitled: - —�c.�r�lz• �-y�L�" �,UL�T721��'l��•4�- and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. Tho following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California; (if clone,stele"NONE°) I declare under penalty,of perjury that the foregoing is true.end correct,' Executed at ��✓ on this /7- ` ay of APW' „,'20_&_-,� (WcaVon) C(D py (Sianatum of C r) APBROvF-pJW TO FORM *& NfFSR McCSATH,C tyAt m w g:follauruplCgshconfacashcon2.daa '�$�� ����I ti T'"�TA-;-w$1� e04ly City A��C} 1 BOND No. 57BCSDES371 • • Pm=: $ JI Co.00 SURETY DEPARTMENT THE HARTFORD BOND EXECUTED IN DUPLICATE MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That REPUBLIC ELECTRIC. as Principal, and a cor oration organized and existing under the laws. of the State of CONNECTICUT , whose principal office is in Hartford. connecticut, as surety, hereinaC j F' VftW �G16W kAA(!j, held and firmly bound unto �� in the ��;; sum of THIRTY SEVEN THOUSAND SEVEN HUNDRED & 50/100 --- DOLLARS (S 37,700.50 ) , lawful s money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly By these presents. SEALED with our seals and dated this 6TH day of APRIL , MQQ5 WHEREAS, on the18TH day of OCTOBER ZV2005, the said REPUBLIC ELECTRIC entered into a contract for SLATER_ Al LTF PFDFSTRTAN ATGN.Ar,-PR=T CASH CONTRACT NO. 1253 and WHEREAS P_yneer ELECTRIC of the specifications for said work, the said. K UtSL is required to give a bond of maintenance to protect the said obligee ggainslt t e result of •faulty materials or workmanship for a period of UlV� l J from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said REPUBLIC ELECTRIC shall for a period of from and after the date of the completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. REPUBLIC ELECTRIC OVED AS TO FORM: (Principal) JE �FE�Mc RA , tty ttorney FO D. 'IIQ04 COMPANY 7�i7i10 BY aGy,r.C�rct.. LAWRENCE J. C0Y14;to ey-in-Fact Hartford Fin Insurance Company New York Underwriters insur om D Hartford Xceldent and Indemnity camp any Twin city Fire insurance Co Nartfo►d Casualty Insurance Company -19/05 - 7-i� s� PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIIII111111111111111IIII11111111111111III Il111111111111111111111II NO FEE AND WHEN RECORDED MAIL TO: 200400100650410:51am 11/09/04 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: - _ CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE-ONLY Nk TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Signal Maintenance Inc. who was the company thereon for doing the following work to-wit: SLATER AVENUE PEDESTRIAN SIGNAL IMPROVEMENTS; CC-1253 That said work was completed October 18, 2004 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 18,2004, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract, RLI 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 November 2,2004. Director of Public Works or City Engineer City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Ora a County Dated at Huntington Beach,California,this November 2,20 4. Director of Public Works or ity Engineer City of Huntington Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 4*.059•TITLE PAGE(R7/95) Council/Agency Meeting Held: Deferred/Continued to: Approved O Conditionally Approved ❑ Denied y le 's Si ture Council Meeting Date: 3/21/05 Departmen ID Number: PW 05-017 CITY OF HUNTINGTON BEACH o REQUEST FOR CITY COUNCIL ACTION f SUBMITTED TO: HONORABLE MAYOR ND CITY C CIL MEMBERS SUBMITTED BY: PENELOP CULBRETH-GRAFT, CIT A MINISTRATORT PREPARED BY�AUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Accept Transfer of Ownership of Signal Maintenance, Inc. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Signal Maintenance, Inc. (SMI) is obligated to provide a one-year maintenance bond for the recently completed Slater/Geraldine traffic signal. Republic Electric, who recently acquired SMI, desires to assume responsibility for the project. City Council acceptance of the ownership transfer is required. Funding Source: Not applicable. Recommended Action: Motion to: . Approve the transfer of ownership from Signal Maintenance, Inc. to Republic Electric, which would allow the City to accept the warranty bond and release retention to Republic Electric. Alternative Action(s): Do not approve the transfer of ownership from Signal Maintenance to Republic Electric. Retention amount would not be able to be released and the required maintenance bond could not be posted. The City would assume responsibility for any potential construction related issues. c� REQUEST FOR ACTION MEETING DATE: 3/21/05 DEPARTMENT ID NUMBER:PW 05-017 Analysis: Signal Maintenance, Inc. recently completed the Slater/Geraldine traffic signal installation. Prior to closing the contract, the City received a letter from Republic Electric stating that it has purchased Signal Maintenance, Inc. and wants to assume its responsibilities under the agreement with the City. The standard City construction agreement with Signal Maintenance provides that its obligations to the City shall not be assumed by another without the approval of the City. That agreement requires that the City must approve any transfer of interest or assignment so as to protect the City to avoid being forced into an agreement with a potentially unqualified, insolvent contractor. Republic Electric (Republic) has provided a letter requesting transfer of SMI's contractual obligations to the new owner. Republic will provide the required maintenance bond, and will be eligible to receive the ten-percent retention funds of approximately $3,300. This is the only City project affected by the ownership transfer. Public Works Commission Action: Not required. Environmental Status: Not required. Attachment(s): City Clerk's . - NumberDescription 1. Republic Electric letter dated October 15, 2004 2. Opinion from City Attorney regarding the transfer of ownership G:\R C A\2005\05-017 March 21 Dale(Accept trf of ownership SMI).doc -2- 2/28/2005 10:01 AM ATTACHMENT # 1 Republic E1ectic October 15,2004 E CA Lic:e4?154 f Joseph Dale Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Joseph Dale: Thank you for your time on the phone today. As you already know,Republic Electric has purchased Signal Maintenance,Inc. (SMI). This purchase is effective October 1,'2004. At that time, SMI ceased operations, and Republic Electric began service in place of SMI. To accommodate this business transaction, Republic Electric respectfully requests your consideration and approval in assigning the City of Huntington Beach's Crosswalk Construction Project from SMI to Republic Electric. Republic Electric agrees to abide by all of the terms and conditions set forth for the project including all insurance and warranty requirements. Republic Electric's corporate contact information is below. This is the address where all legal and accounting correspondence should be directed, including payments: Republic Electric Corporate HQ 7120 Redwood Blvd. Novato, CA 94945 Phone: 415-898-8897 or 800-LIG14TS ON FAX: 415-898-9477 Republic Electric has a regional office conveniently located in Anaheim, California servicing the southern California area. The contact information is below. This is the address where project related correspondence should be directed. Republic Electric Southern CA 715 E. Debra Lane Anaheim, CA 92805 Phone: 714-535-0550 or 800-229-6090 FAX: 714-535-0110 If you have any questions, or if I can be of any further assistance in this matter,please do not hesitate to contact me directly. Republic Electric,with your approval, looks forward to having the opportunity to serve your City. Si ely, J sch Vic resident& CFO (415) 898-8897 • Fax (415) 898-9477 7120 Redwood Blvd. • Novato, CA 94945-4114 BOSTON • DALLAS • Los ANGELES 0 SACRAMENTO • SAN FRANCISCO ATTACHMENT #2 J. FIJI V . /t Ll i .. . CITY OF HUNTINGTON BEACH Inter-Department Communication ------ TO: ROBERT BEARDSLEY,Director of Public Works FROM: JENNIFER MCGRATH, City Attorney DATE: December 14, 2004 SUBJECT: RLS 2004-423 Signal Maintenance/Republic Electric INDEX: BACKGROUND: The.Slater.Avenue/Geraldine Street.Pedestrian Signal ect was com leted b Si nal � p ro J P Y` g . _ Maintenance, Inc Signal Maintenance entered into an agreement with City for flue work.' The ten percent retention has-riot been released as the City still awaits receipt of the One year. maintenance bond and cert :6] of compliance>from the contractor The Crty has received'a letter from Republic Electric stating that it has purchased Signal Maintenance and wants to assume its responsibilitYes`under the agreement with the City That agreement provides that any transfer of interest or assignment must.be approved by the City. QUESTION: Should the City accept the bond and release the.retention to the successor-in-interest to Signal Maintenance? ANSWER: Before accepting the bond and.releasing the retention,the City should approve the transfer of ownership. ANALYSIS: The agreement.with_Signal Maintenance provides that its obligations to the City shall not be assumed by another without.the agreement of the City. This permits the:City to avoid being forced into an agreement with a.potentially unqualified, insolvent contractor. .. .. .y • • Page 2 Robert Beardsley RLS 2004-423 While it is.true that the business has already been sold,prior to releasing the retention and. accepting the bond,the City should approve the..transfer, provided that such approval would have been given prior to the sale. If the City Council authorized execution of the agreement, approval of the transfer must be placed on the City Council agenda for approval ✓�-� . to ` r l IFER MCGRATH, City Attorney A Zscs/04memo/republic RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Accept Transfer of Ownership Signal Maintenance, Inc. COUNCIL MEETING DATE: March 21 , 2005 RCA-ATTACHMENTS' STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑Not Applicable (Signed in full by the City Attome ❑ Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the CityAttome Attached El PP y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached ElNot Applicable ED Commission, Board or Committee Re ort applicable If a Attached ❑ p ( PP ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Pp Not Applicable' EXPLANATION FOR MISSING.ATTACHMENTS REVIEWED - 'RETURNED FORWARD Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Dale RECEIVED BY: • • CITY CLERK RECEIPT COPY a Return DUPLICATE to � -- � s City Clerk's Office (Name) J after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: S 1 � DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company N me) Faithful Performance Bond No. C Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved g 0 Lk Agenda Item No. (Coup it Approva Date) City Clerk Vault No. mo,4) . #27"gdfollowup/bondletterAca FOE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 13, 2004 JOAN L. FLYNN CITY CLERK Signal Maintenance Inc. 2301 Via Burton Street Anaheim, CA 92806 ATTN: Mr. Rodney Mathis Re: Slater Avenue Pedestrian Signal —CC-1253 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, �JoanL. Flynn City Clerk 8114,! �c� — GA-0,s- Alz'� J F:pe A9Pai,_ialf 0 Jt %11"A-C_ cc: Robert F. Beardsley, Public Works Director Cra¢ditre 1 C�F�/ iv 7��S�rt.! 02e*tnN� i�v �c- Gib s. Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Agioo c*1 r,14;7. ..s g:followup\cashcont\cashcon-letter.doc ----- (Tnlnn6nnn•71d�-4(+.�+7771 VOID AFTER 90 DAYS BankofAmerica %� tl 'S't 2 01.8 0 2 8 313 1 ..;.` Iti�uer:�Bgpk otpttlicrjca;iN:A•:;.,ni%'TtKanel.eii,:+Cal ffjrBANK OF iiiu;. 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VDID;:OVER $4,;10000 ': :;.:,,, ., Cashier s:CheCk Q: T,WO:SIGNAT FS RFQUIRED.FOR AMOUN TS OVER.$25U,000::. , • 19�ta�'If esl� is:'bc � + c San:l+runc(sco;:..Cahfoxnta.. 1i' 20 L80 28 3 13il' 1: 1 2 100.0 3 581: 139 70llf8 50 7611' ■ THE RI.C�II'iF:I.:IIOGIJ[vIF Ei IS FIy 7STE AR C'SkT� --_ .: '_".-----` , IfF.FL�G SIE 4VA'TI~[t tKr,0RTH8'$A 0 City of Huntington Beach" Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 I Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM VJEIFERcGRATH,CityAkh=w n torney I ZI g:followup\cashcont\cashconl.doc procedure#14 `v DECLARATION OF SATISFACTION OF CLAIMS stateq. . (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: I and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or. items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of ` California:. (if none, state"NONE") I.declare.under penalty:of perjury that the foregoing.is true and.correct, . Executed at on this day of , 20_. (Location) (Signature of Contractor) A PPRO VW AS TO FORM 4L-' N1FER MoORATH,CltyAttoma g:followuplcashcont\cashcon2.doc arab►Suttoa Z procedure#15 eputy City Attmey RECEIVED BY: - CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) • i. CITY OF HUNTING TO.N BEACH ' INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treas rer FROM: , DATE: 3 —C�OD SUBJECT: Bond Acceptance I have received the bonds for ��(0jA (Company acme) Faithful.Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. 0 MSC No. Approved Agenda Item No.- (Council Approval Date) City Clerk Vault No. #27 gJfoliowupibondletterdoc THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. CMS223142 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Signal Maintenance Inc. RLI Insurance Company 2301 Via Burton Street 9025 N. Lindbergh Drive Anaheim, CA 92806 Peoria, IL 61615 OWNER(Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: August 02,2004 Amount: $ J00.00 Description (Name and Location): Installation of Pedestrian Signal at Geraldine and Slater BOND Date(Not earlier than Construction Contract Date): August 02,2004 Amount: $37,700.00 Modifications to this Bond: x] None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signal Main nance, Inc. RLI Insure Company 9 Si nature: Signature: Name and T tie: Name and Title:Christine A.Hartung Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or Marsh USA Inc. other party): Six PPG Place,Suite 300 Pittsburgh, PA 15222-5499 412-552-5000 AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED- AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 1 THIRD PRINTING-MARCH 1987 F889 Rev.6/87 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract, which is incorporated herein Owner;or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3. If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the. Surety. under this Bond shall arise after. . demanding..that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any . Surety at its address described in Paragraph 10 below remedy available to the Owner. If the Surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4,and the Owner refuses the Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in conference with the Contractor and the Surety to be whole or in part, without further notice the Owner shall be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3, above able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract. To the limit of the the contract. Such Contractor Default shall not be de- amount of this Bond, but subject to commitment by the clared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of the Surety have received notice as provided in Sub- costs and damages on the Construction Contract, the Sure- paragraph 3.1;and ty is obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- Contract Price to the.Surety. in accordance with the . tion of defective work and completion of the Construc- terms of-the Construction Contract or to a contractor tion Contract; selected to perform the Construction.Contract.in accor 6.2.:Additional legal,' design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- ' 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4;and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam- Owner,to perform and complete the Construction ages caused by delayed performance or non-perfor- Contract:or mance of the Contractor. 4.2 Undertake to perform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for tion Contract itself, through its agents or through inde- obligations of the Contractor that are unrelated to the Con- pendent contractors;or struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the.Con- . its heirs,executors,administrators or successors.. struction Contract, arrange. for a contract to be pre- g The Surety hereby waives:notice of any change,.includ pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a related subcontracts, purchase orders and other obliga- qualified surety equivalent to the bonds issued on the tions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default;or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED• AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006. 2 THIRD PRINTING-MARCH 1987 F889 Rev.6/87 able to sureties as a defense in the jurisdiction of the suit tractor of any ounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including.all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forrhing to such statutory or..other legal.requirement shall 12.3 Contractor: Default:.Failure of the Contractor be deemed incorporated herein. The intent is that this= which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof.❑ MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: APPROVED AS TO FORM JEN IFER McGRATH.City Attorney B arah Satton p-1/ ty City Aft--y (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED• AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 3 THIRD PRINTING•MARCH 1987 F889 Rev.6/87 • All-Purpose Certificate of Acknowledgment State of Pennsylvania County of Allegheny On August 2, 2004 before me, Marjorie A. Altemus DATE NAME OF NOTARY PUBLIC personally appeared Christine A. Hartung NAME(S)OF SIGNER(S) a 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. M P A. Public Witness my hand and official seal. Cit MY C=nlss Ept 35 20M \1 Pe^^sYN Asiocatlon Cf N�ti� ' C�'�,%Z2v j SIG ATURE OF NOTARY PUBLIC Though the data below is not required by lawAt may prove valuable to.persons relying on the document and....... prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ Individual(s) Type of Document ❑ Corporate Officer: ❑ Title(s) AIA Document ❑ Partner(s) Number of Pages B Attorney-in-Fact ❑ Trustee(s) 3 ❑ Subscribing Witness Date of Document ❑ Guardian/Conservator ❑ Other: August 2, 2004 Signw(s) Other Than Named Above Signal Maintenance, Inc. SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RLI Insurance Company ViewDocument.do D 1 V I S 1 0 N7 POWER OF ATTORNEY A Division of RLI Insurance Company RLI Insurance Company P.O. Box 3967 Peoria,IL 61612-3967 Know All Men by These Presents: That this Power of Attorney.is not valid or in effect unless attached to the bond which.it authorizes executed,but may be detached by. the approving officer if desired: That RLI Insurance Company, an Illinois corporation,does hereby make,constitute and appoint: CHRISTINE A HARTUNG LESLIE L. RUDAT MARJORIE A.ALTEMUS ELENA ZUNIC PAMELA L.NUNEZ WENDY A. BRIGHT.ROSEMARTF RODDEN in the City of Pittsburgh State of Pennsylvania its true and lawful Agent and Attorney-in-Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty-five Million Dollars($25,000,000). The acknowledgment and execution of such bond by the said Attomey-in-Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate,without notice, unless used before midnight of September 26,2005 but until such time shall be irrevocable and in full force and effect. . .The.RLI Insurance Company further certifies.that the following is a true and.exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now,in force to wit: "All bonds, policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the company by the President,Secretary,any Assistant Secretary,Treasurer,Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, and Assistant Secretary, or the Treasurer, may appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney, or other obligations of the corporation.The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its President with its corporate seal affixed this 26th day of September 2003 v ��%����,, RLI Insurance Company C E GOFFORA?, ". By: State of Illinois = ° Jonat an E ichael.: President ss SEAL County of Peoria . 4 uuN�0`sON CERTIFICATE On this 26th day of September , 2003 , before me, a Notary Public, personally appeared Jonathan E.Michael who I, the undersigned officer of RLI Insurance Company, a stock being by me duly sworn,acknowledged that he signed the above Power of corporation of the State of Illinois,do hereby certify that the attached Attorney as the aforesaid officer of the RLI Insurance Company and Power of Attorney is in full force and effect and is irrevocable; and acknowledged said instrument to be the voluntary act and deed of said furthermore,that the Resolution of the Company as set forth in the corporation. Power of Attorney, is now in force. In testimony whereof, I have hereu to et my hand and the seal of the RLI Insurance Company this nds day of August 2004 By: Jac eline M.Boc er Notary Public RLI Insurance Company "0 `OFFICIAL SEAL" P1�� JACOUEUNE M.ROCKIER uTAiu�vow COMMMION EXMIES 03/01/06 y By. c Jon than Michael Presiden,. -- 37V154030/06 A005850 TERRORISM RIDER NOTICE_— FEDERAL TERRORISM INSURANCE COVERAGE - AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a 1 , certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium ` attributable to certified acts of terrorism under this bond is $1.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable _ annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. v. f • • THE AMERICAN INSTITUTE OF ARCHITECTS . Bond No..CMS223142 IA Do cument ocument A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Signal Maintenance Inc. RLI Insurance Company 2301 Via Burton Street 9025 N. Lindbergh Drive Anaheim, CA 92806 Peoria, IL 61615 OWNER(Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: August.02,2004 Amount:` $37,700.00 Description'(Name and Location): Installation of Pedestrian Signal at Geraldine and Slater BOND Date(Not earlier than Construction Contract Date):August 02,2004 Amount: $37,700.00 Modifications to this Bond: Fx] None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Cor orate Seal) Company: orporate Seal) Signal Mai nance,Inc. RLI Insurance o pany Signature:. Signature: + Name and Title: Name and Title: hristine A Hartung,Attorney-In- act (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or Marsh USA Inc. other party): Six PPG Place,Suite 300 Pittsburgh, PA 15222-5499 412-552-5000 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED• AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 4 THIRD PRINTING-MARCH 1987 F889 Rev.6/87 1. The Contractor and the Surety, jointly and severally, 6. When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2. With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly.or indirectly, amounts: for all.sums due Claimants, and 7 The_.Surety's total .obligation shall not exceed -the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8. Amounts owed by the Owner to the Contractor under ,nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3. With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly,for all sums due. 9. The Surety shall not be liable to the Owner, Claimants 4. The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or Surety(at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond. sent a copy, or. notice.thereof, to,the .Owner, stating that.a claim is.being_made under this Bond and, ,with : 10.The Surety .hereby waives notice of any change, substantial accuracy,the amount of the claim. including changes of.time, to .the Construction Contract or to related subcontracts, purchase orders and other 4.2 Claimants who do not have a direct contract obligations. with the Contractor: .1 Have furnished written notice to the Con- 11. No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- 90 days after having last diction in the location in which the work or part of the the Owner, within performed labor o- last furnished materials last work is located or after the expiration of one year from the equipment included in the claim stating, with date (1) on which the Claimant gave the notice required by substantial accuracy, the amount stating, the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract, whichever of(1) or (2)first occurs. If the provisions of this Paragraph are void or prohibited by law, 2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any .communication. from the .Contractor 12. Notice to. the Surety, the Owner or the Contractor.. by:which the Contractor .has indicated.. the shall tie mailed or delivered to the address shown on the: claim will be paid directly or indirectly; and signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall .3 Not having been paid within the above 30 be sufficient compliance as of the date received at the days, have sent a written notice to the Surety address shown on the signature page. (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, 13.When this Bond has been furnished to comply with a stating that a claim is being made under this statutory or other legal requirement in the location where Bond and enclosing a copy of the previous the construction was to be performed, any provision in this written notice furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5. If'a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall Owner to the Contractor nt compliance. or a the Surety, that is theffi- be deemed incorporated herein. The intent is that this AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED• AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON.D.C.20006 5 THIRD PRINTING•MARCH 1987 F889 Rev.6/87 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14. Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished,. to be made. 15.2 Construction Contract: The agreement between 15. DEFINITIONS the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and 15.1 Claimant: An individual or entity having a_direct. Changes-thereto. contract .with the Contractor .or with a subcontractor of the Contractor to furnish labor, materials or equip- 16.3 Owner Default: Failure of the Owner, which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms "labor, materials or equipment" that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof.❑ telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: _)VED AS TO FORM VFERRATH,City Attorney �,l Ay rney (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY.. Company: (Corporate.Seal) Company. .(Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED• AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W..WASHINGTON,D.C.20006 6 THIRD PRINTING•MARCH 1987 F889 Rev.6/87 • All-Purpose Certificate of Acknowledgment State of Pennsylvania County of Allegheny On August 2, 2004 before me, Marjorie A. Altemus , DATE NAME OF NOTARY PUBLIC personally appeared Christine A. Hartung NAME(S)OF SIGNER(S) C1 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. Notarial seal MariodeAAftemus,NctWpublic Witne s my hand and official seal. City`Of Pittsburgh,megh" My Comrr>ission Exires June 25,2006 Member,Penrsyhania Assoaatien of Plotaries L SIGNATURE OF NOTARY PUBLIC Though ahe data below is not required by law,.it " ay prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ Individual(s) Type of Document ❑ Corporate Officer: CI Title(s) AIA Document ❑ Partner(s) Number of Pages R1 Attorney-in-Fact ❑ Trustee(s) 3 ❑ Subscribing Witness Date of Document ❑ Guardian/Conservator ❑ .Other: . August 2,2004 Signer(s) Other.Than Named Above Signal Maintenance, Inc. SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RLI Insurance Company ViewDocument.do NHAV D I V I S I YON POWER OF ATTORNEY A Division of RLI Insurance company RLI Insurance Company P.O.Box 3967 Peoria, IL 61612-3967 Know All Men by These Presents: That this Power.of Attorney.is not.valid or in effect unless attached to the bond which it authorizes.executed,but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation,does hereby make,constitute and appoint: CHRISTINE A. HARTUNG,LESLIE L.RUDAT,MARJORIE A. ALTEMUS,ELENA ZUNIC.PAMELA L.NUNEZ, WENDY A. BRIGHT.ROSEMARIE RODDEN in the City of Pittsburgh . State of Pennsylvania its true and lawful Agent and Attorney-in-Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty-rive Million Dollars(S25,000,000). The acknowledgment and execution of such bond by the said Attorney-in-Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of September 26,2005 but until such time shall be irrevocable and in full force and effect. The RLI Insurance.Company further certifies that the following is a true_and exact.copy of the.Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force.to wit: "All bonds, policies,undertakings,Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary,any Assistant Secretary,Treasurer,Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, and Assistant Secretary, or the Treasurer, may appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings,Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its President with its corporate seal affixed this 26th day of September 2003 1�pNCE•C•••,,, RLI Insurance Company GOPPORAro State of Illinois - By: C SS SEAL • Jonat an E` ichael President County of Peoria = ••.,,,,,..•'• ,''''•••��uilrn��y�,,`,,` CERTIFICATE On this 26th day of September . 2003 , before me, a Notary Public, personally appeared Jonathan E.Michael , who I, the undersigned officer of RLI Insurance Company, a sto6. being by me duly swom,acknowledged that he signed the above Power of corporation of the State of Illinois,do hereby certify that the attachec Attorney as the aforesaid officer of the RLI Insurance Company and Power of Attorney is in full force and effect and is irrevocable; anc acknowledged said instrument to be the voluntary act and deed of said furthermore,that the Resolution of the Company as set forth in the corporation. Power of Attorney, is now in force. In testimony whereof, I have here to set my hand and the seal of the RLI Insurance CompanN this'Tnd day of August 2004 By: Jac eline M. Boc er Notary Public RLI Insurance Company T 'OFFICIAL SEAL" JACQUELINE M.BCCKL ER COMMISSION EXPIQES03/01/06 By: _ P&X� Jon than ichael Presiden 3707154030106 A005 R i TERRORISM RIDER NOTICE - FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $1.00. COVERAGE LIMITATIONS: Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. . The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Mhd �p , INC-". FOR ��GNU� F T 3 c�� �D THIS AGREEMENT ("Agreement") made and entered into this c� day of b4U-57— 20Q4 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and {— �r III• , a California GE 'RON , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as P•N 151W tl ? C1605H in the City of Huntington c-cV-Ty�,-F Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city consr/4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 • • CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed HU1J �D -f"IP'� Dollars ($ 3Fl OCO• ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to TWRJTY woR#--IN6 completion within (ism (25) *ensccative PW-r ' from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%)of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 4444PF432 Dollars ($ �• 00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act,neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/fortes/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(100%) of agree/forms/city consr/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION,DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city constl4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city consd4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city consd4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 '/z%) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city consd4-03 16 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative.costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach 1W, ATTN: 'T' ► MNRZ Baal V16 2000 Main Street —� Huntington Beach, CA 92648 a J Ps*.NPMTC�+ q24a66 agree/forms/city consU4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 • • shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 L- 0 • of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a Smunicipal corporation of the State of California � W ►q�N 6 Nb LE Ma or By: -S print name ITS: (circle one)Chairman/Pres' ntNice President S/Ay City Clerk AND a"�? By: OJJf� ROVED AS TO FORM: ,( C print name ITS: (circle one)Secretary/Chief Financial Office Asst. City torney SKreta"ry-Treasurer �L� I L) PROVED: REVIEWED AND APPROVED: Directo Public Works ity Administrator agree/forms/city const/4-03 21 SECTION C PROPOSAL for the Pedestrian Signal at Geraldine & Slater CASH CONTRACT No. CC-1253 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 90 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-7 chedule. 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 If awarded the Contract, thedersigned agrees that in the event of t 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. Accompanying this proposal of bid, find(%6\kecs (\e-&m the amount of$ ,00 which said amount is not less than 10% of the aggregate of the-total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 4t C-2 PROJECT BID SCHEDULE • H:\1253\BID SCHED.XLS Item: 1�:stimate :. ....EfcteRiie�l:::::: ............ ............. .................................................................. ................... .................... ............................................................................................ ........................................ .uantE ttem:V ith:..git:Price WWri�tei in Words:::::::::: ::Y1 ift:Pt�i�e::::: :: ....................................... 1 1 LS Mobilization @ $ Per LS 2 1 LS Traffic control @ $ $ Per LS 3 2 EA Construct curb ramp per Caltrans Std.Plan No. A88A Case C @. card i'C $3�333 ► $ C�,lol�� �. N CS��� Pt, 4 1 LS Install traffic signal @ Geraldine &Slater Per LS 5 1 LS Signing&striping $ $ Per LS Total Amount Bid in Figures: $ C ........................Total Amount Bid in Words: 1 � .o. .l.... ..................... Note: the City will provide all poles,mast arms, luminaires,vehicle heads,pedestrian heads &push buttons, internally illuminated street name signs, &fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook two working days in advance for pick up at 714.536.5530. C-2a GIST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor. State License Class of Work Number 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 tH8-AGENCIx will,be • shed copies of all subcontracts entered into and bonds 'E-_.- .,..�;( J Ail�.P:� W :umfshed by stab 'ilttractor ford •'s project. C-3 9NCOLLUSION AFFIDAVI1 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is V.t'./ hGi��iz1� i-�fl►�A�,z� of_SlLJ06t, MmonopOW 10c, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person,partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association,organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. R� MA i"iS Name of Bidder Signa idder 230� VIA AUj��Q, At�% �►�. <<� �a�Ub Address of Bidder Subscribed and sworn to before me this IL-1"h day of u ,200-1 . t_� Goe�misston!129509J� amw CW* NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the Pedestrian Signal at Geraldine & Slater (I)(we)(it)will employ and utilize only qualified persons,as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ontrac ��Q�►.na-Hn1� By Title Date:-1 t OL-} C-5 1 DISPALIFICATION QUESTIONARE 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? D Yes k 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 : COMP . ATION INSURANCE CER CATE Pursuant to.Section 1861 of the State Labor Code, each contractor to whom a public works contract.has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contra By vP beneY- xl MaV\QQ;g.r Title r Date: l DO P M C-7 UNDERGROUND SERVICE ALE IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S. Bidde�Name T— Business Address �CL1nParn ('� q?And City, State Zip %'Me-Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by 6fMHof our office on 200-q. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is preparigo satisfy the Council of the City of H gton Beach of its ability, ' r. financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name 2-, ignat o dder go D K3 rat-ATV S Printed or typed Signature Subscribed and sworn to before me this 10hday of Sill. , 200-1 . ft= FUKUSHIMA Commission#1295033 Notary PubUC-California Orange County IIA►►Conm.EVias MC r23.Z)05 NOTARY PUBLI 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: I. EWA Naand Address of Public Agency 1 Name and Telephone No. of Project Manager:U�g hab\ b0) us-J % Contract Amount Type of Work Date CApletaJ 2. 1 0 7Kan4 and Ad ss of Public Agency Name and Telephone No. of Project Manager:UMA Ca& -LMD lu ''J Contract Amount Type of Work J Date 6mplAd 3. bL�:FL k _?-0 P�Xr :V-f (A t A VA Lb �Q Z ?�Name4d Address of Public Agency U Name and Telephone No. of Project Manager:-ems CA\ 1�ys�93-11u3S 26,000 -k- 4S N)a i Rt-ktion 6 1 wirlp UAI.A4- 0 Contract Amount Type of Work Date CoA41etedO C-10 VOID AFTER 40 DAYS Baenk®f America 4% 1-35"210 2 018028313 atr '..83p ,0 eC Srr e a iu _ . �'F. n _ •.`" h , i..ap BON T^ .. .. ,. .�. ... ..•. ... .. , ( .,��. .. .. .. � r Lip .. �q # _ .E r. !.... .. ....,.f S. .. _ I.. '�is �f{E# iF iFiE FiFiFiHE#iE Fiif #fik F 'iF iFi4�F#iF -kf' F�Fff E �' IF: :.�T. _ "16-�()44_ fill''TH61l5RNU�tG1��.H11MiDHEU:*'Woo. JLIL': � 1 1 Ot T h .. y ,► * . M. CITY. ..0�'.. HUIdTItiG'1'�N. BSAGH . :.:.. ....: :: ice: ...:.' ....... ..:: .: :,:::. :..:.:..:...: .......':.: SIfiNAL EnRiNTEtdAMGE:'IiJC °:<: ;:.:.• .; ;. . . •.: .�.�",'.�.� _..:;.''. .'HOR.I2;ED S1GlVA'I'll :. . :,..:..:�gIb:OVER �i.iik�.(a4::'.:......., � `. ':::•�: ':: `' ;-:;::. : ;�,:; ;,. `:. ;::: ,:::':.:::.:•.: ::.'.T.wo..l!gNA"I': F,S REQUIRED:FOR.-AMO:UNTS.-OVER;$250,000-Z.,Sib an C n y+ .., 11' 20 180 28 3 L Po 1: L 2 1000 3 Sill: �L 39 7011l8 50 7611" T[iE:.ORLGINA 'DOCUMENT:HAS.REFCECTIYE.-WATE[tMARK.ON:THEBAC ;;::;; UHFQR[C`i1NAG.`DOCUMENTHAS:REFLECT(VE. ATERMARK:ON:THE:9ACK W ... PAYEE'S ENDORSEMENT For information about this instrument contact: Bank of America,N.A. WorldMoneyf"Service Center P.O.Box 3 7048 Sall Francisco.CA 94137 U.S.A. Telex: 34346 A.COY Telephone: 888?17.403S NOTICE: The void date will be enforced if this .:instrument has been reported lost, stolen or ,,.destroyed. 05-14-4550B 3-2000 1004 JUL 1.h P I: p �MM SIGNAL MAINTENANCE INC. \ 2283 Via Burton Street Anaheim,California 92806-1222 Lic.#679111 "SEALED BID" for the . Pedestrian Signal at ..Geraldine & Slater in the City .og Htntington Beach DO NOT OPEN WITH REGULAR MAIL �...: '. _U AUG-05-2004 15:29 FROM: TO:714 536 5212 P.2/3 -/-► -_ r iaa - F iA97C (FICA CERT TE NUMB PRODUCER THIS CERTIFICATE 15 13SUED AS A MATTER OF ROORMATHM ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTNER THAN THOSE PROVIDED IN THE Six PPG:Place,Suite 3DO POLICY.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE Pittsburgh,PA 15222 AFFORDED BY THE POUCIES OESCRIKO HEREIN. Attu:Hbrrlet.Greemivell (412)552-5230 COMPANIES AFFORDING COVERAGE cy Lam'1 COWAFIY IlLINOIS UNION INS CO.JACE AMERICAN INS.CO.) 03URCD IO COMPANY S19nat.Maintenance,Inc. Yllu D+S � B UNITED STATES FIRE INS CO 2283 Via Burton Street /1 Anaheim,CA 92806 MPAW der), C NIA COMPANY D NIA _ - - - THIS''IS TO CGRWY:TM'r POL=-3 OF INSURANCE DESCAIBEQ ACMIN"AVE BEEN ISSUED TO TH6 INSURED NAMED MERLIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANONG ANVIRE;OLIMM&M,TERM OR C0NDn1ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY "ATAIN,TNL INSURANCE AFFORDED BY THE POLX=-S OESCROraD HV"IS SUBJECT TO ALL THE TERMS CONDITIONS AND 0CLUSIOHS OF$UCH POLICIES.AGGREGATE I: MRS P40WN MAY HAVE BEEN REDUCED BY PAID CLAW. CO TYPE OF INSURAWA POLICY NUMe6R POLICY EFFECTNE POLICY EXPIRATIONLIMITS LTR OAT&(MMIDOFTY) DATE(MMIOD" A. csNr,RALLIAenllTv XSLG19549900 12/20103 1=0104 rZWER^L AGEMGATE S 3,000.000 COMMERCIAL GENERALUAWLFIY X. PRODUCTS•COMP/OP ACG S 3,000,00D -- CLAIMS MADE X OCCUR PERSOr1AL tADV INJURY $ 2,000.000 OYYNEFM&CowAACTOR'SPROT WHOCCURREWA $ 2.000.000 1( FIRE DAMAGE A we illy S 50.000 MED EXP one n S EXCLUDED 6 AY70110100ILE warm' 1336648923 12120ID3 121201" COMBINED SINGLE LIMIT S 1.0DO.t)0D X ANYAUTO ALI.OWHEOAUtOS BODILY MUURY s 6CF160lRET)AUTOS IPs ppesaR) X EuRFD AUTOS BODILY INJURY (Per amde" S X NONiOWNWAUMOS . . PROPERYYOAIIAGE S 0.ARAGE wave •-9 TO FC> AUTO ONLY-CA ACCIDENT S ANY AUTO - OTHER TWIN AUTO ONLY. -= - -- --- - C ! C H A 4Etl S v 1AGGRIMCATE s ExGE55l1AB1UTY FACM OCCURRENCE s UMSR&AAFORw AGGREGATE S OTHER THAN-UMaREILAFORM . W R C M AT N AN -- EMPLOYERS LIAaIUTY — FL EACH ACCIDENT S PARTIIERSIVX ORI UTNE! EL DISEASF-POLILY LWAIT S -PARTNERSIExECVT11lE! �OFFICGJiB ARE: RDtCL El DISEASE-fACII GMPLOVCE S P63CRIPTICNIOF OPERATNNI3n=ATIONSNEHICLESl3ft CIALREMS Gty,of Huntington Beach,its agents,officers and employees and the Redevelopment Agency of the City of Huntington Beach are Additional Insured with rpspects:io General Liability arising out of the nand insured's operations. -CER�►I�Ai£=ICE�R= s=..=�= � _ - _ -_- ---'�K,G>�UCIi9l1'� _- _ - = -_ '-- _-:� �- - SHOULD ANY OF TW9 FOUMS I ISCRIIRD Hp1pN OB CANCELLED WFOK THO C>PIOATION OAT%THEASOF. T"d IH3WEP AFFOROMD CO/CWCf wLL IHDEAVOR TO MAIL__g GAYS W rrM HOTICS Tel THE Grr'ttyy of Huff^eot Beach 2000 Street CERTIFICATE HOLDER WINED HiaQw.PUT FAAIAE To MAL SVC"HOME Sk"YOi6 NO OOUC�TR�I On -Main Huntington Beach.,CA CA 92648 L"AM OF AMY RINO L WON THE MWRER AF/OROW COVERAGE IM AOENR OR REPIKSENTATTVEI.On me WMICR OF""CERTIFIGATC. MMSH USA INC Y: R Scott Holden - =- VALID AS OFF -- = :: :07/28/04 AW-05-2004 15:30 FROM: TO:714 536 5212 P.3/3 0t3/0472013a 117 27 71456 8 SIGNAL MAIN7tNcu'x. �•+� ��•v. JU.=28=.2�4 14:35 FT40MiMAM- I 412 M2 $967 TD:7145�78 P•5 AODIT"AL WWRED—DESIGNATED PERSON OR ORGAN17.IlilON N �°� 'fJ��pOi�li0�1f • 1�He111lf1f lrur�pN � . .a�s zo z�ooa to u/�o/200� �� or i�anw r /2c z 02 ownt tAiion C�� __..•_ CHMGO nK PWCy. Kra RUD n MtMUr. Tft endontmw*fnOdMft jamwanft wOVOW wda tin.f""J ": ' CUBM rw ate,t`f"U"POLICY SCHEDULE and • om hawk to Apmt at as ' ofs'a=amd aaPlow-.a so the of doom Deseb aaoy me a gbls.to+111N sntl64r;,, MR to uue enao►een+.nc wiU es ;n pw p y as WOO AN INSUkeU(gam iR�#Inif10�0 to �h YlRiifd;.1l1l Ilr wpd emery.., -. pet7m or wyeri�eon 1!xm M the r>s I 1 1_ (03gp) RGOWMqhPumiiWFn of Wuwo nlcb Om loll I 08/05/04 TSU 10:25 FAX 5032871198 LLOYD PURDY 4 CO 0 002 _ IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pofig(res) must be endorsed. A statement on this certificate does not confer rights to the cei ificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(S). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies Hated thereon. ACORD 25(2001108) ��INS026 ip as).os Page 2 of 2 08/04/2004 14:24 7145633179 SIGNAL MAINTENANCE PAGE 03/04 • , . t,JA�v� h�E4vl� 60.w C04T"a) — 5447� P�+iJ �►�e��aco���. sT- Fa- 4z1f— 06FD rW Phi aJ *WRLI ?4sr*k Nbt /Y&J PsOA H+A401CA' (24%Y'%p5I AAA Ni,J cAo ssw*x AMID TK W(i 2 50t of 2°gdtC , puc wtu- Arvwr- 7MI5 Ao /fj Z5 wo2(w jj pats cx LE4s 1-rtAC. 4n7owr DP 77-H 5 ALameT l 5 370 D wT D `� AUG-05-2004 15:29 FROM: TO:714 536 5212 P.1,,3 MARSH Six P G l a Six PPG Plano,Suite 300 Piltsbuugh,PA 15=-5499 hartiet.e.greenwell(Qmarsh.com www.marsh.com Fax To: Chris From: Harriet E.Greenwell Oate, August D5,2004 Fax: 412 552 5999 OrgaOi;Wion: City of.,Huntington Beach Phone: 412 552 5230 Fax: 714 536 521:2 Pages: 3 PhbnW 714 536 5252 Subject, Csrlificate of Insurance Signal Maintenance 1Ne. Chris, Per our conversation,attached you will fund the requested certificate and Additional Jnsurcd ' Endofsenient. As discussed,due to the volume of certificates issued by our office and the insurance carriers we cannot amend the-cancellation clause as requested. The carrier will"endeavor to"mail 30 days notice to you as a certificate holder in the event the coverage is cancelled. Harriet i 7lta doowitorrt4 hemmpanytng thiorensttdsslon amain conrvterdbl tntorrnation,aro nny contain conrweadal health information,inat is isomy privawd.This Iefortnatian nil itAnded"only for the use df'gte Indlvlduat Or onfily named shove The.tuthafted raciak0 of W s information i$prohlbhad hom tbsaostng ttda InfomtDi6l to arty outer party urdessMqulrad tads so bylaw at regtdation pint is reprAred to destroy me Irdo nation aver Rs stated rood hm been hdlilled. d.you sio nbt the blended recipient you are hereby rretiaed tnal any dsdoswe,copying.dabibutian.or acdon telion in reliance an the contents at these daNincrds isa►rlctly prohitidod.it you have received pris'Inlormadon in am,pbdse re sender reedy the der Immedtetoly mvl arrange for the return or aesnuetion of Utesc dociuttaro. CMl1 C nnnrsh a natennnn Co nparves • • COHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-28-2004 GROUP: POLICY NUMBER: 1724365-2003-2 CERTIFICATE ID: 94 CERTIFICATE EXPIRES: 12-20-2004 12-20-2003/12-20-2004 CITY OF HUNTINGTON-BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 This is to certify that we-have issued a valid_Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions,of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-20-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER SIGNAL MAINTENANCE INC 2301 E VIA BURTON ANAHEIM CA 92806 fDU,SCI PRINTED:07-28-2004 SCIF 10262E Accept this certificate only if you see a faint watermark that reads"OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 sU ity INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST RECEOVED 1. Requested by Christi Mendoza, Risk Management AUG 10 2004 2. Date: August 9, 2004 cit of Hunting or _..>.:cr City Attorneys Jf�ic� 3. Name of contractor/permittee: Signal Maintenance Inc 4. Description of work to be performed: Installing: City-furnished pedestrian signal equipment, new handicap ramps,adding new crosswalk and 250' of 2" GRC. 5. Value and length of contract: $37,070, Approximately 25 working days 6. Waiver/modification request: $100,000 S.I.R./general liability and cancellation clause word 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible and cancellation clause wording. 8. identify the risks to the City in approving this waiver/modification: None. l��� Department ead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form, Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management (/ Pi-Approved Denied Signature Date 2. ,CityAftorney's Office pproved ❑ Denie hvqw--,� -4t (/ Signature Date 31 City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services CITY OF HUNTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorney Date Date: Request made by: Telephone: Department: 8110/04 Robert A. Martinez x-5423 Public Works INSTRUCTIONS: File request in the,City Attorney's Office. Outline reasons for.this.request and state . facts necessary for City Attorney to respond Please.attach all.pertinent.information and exhibits; TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ® Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)*. ❑ General Legal ❑ Document Review Assistance (Ongoing) (Allow 2-10 working days)* *All deadlines are based on the date the City Attorne 's Office receives the RLS. Thi iewed and approved. Signature of Department Head COMMENTS Please identifyall attachments to this-RLS Please review and approve "As To:Fon n" the attached Bonds and attached documents from Signal.Maintenance, Inc..for.the Slater Avenue Pedestrian Signal Improvements, Cash Contract Number 1253. Attached are the following: 1. Public Works Contract, original copy RECEIVEDD 2. Performance Bond,#CMS223142, one set AUG 1 1 2004 3. Payment Bond,#CMS223142,one set OVty of Huntington eeach 4. Company Profile, one set City Attomey s office 5. Certificate of Liability Insurance/ Insurance Waiver,one set Shaded areas for_City Attorney's Office"use only: _ This request for Legs(Services has been assigned to Attomey extension His/her secretary:is. extension Notes: Date Completed fE -CITY OF HUNTINGTON BEACH 2000 MAM STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK GIST �� , 2004 i To:. s7'E/N y r (6MP,4A) /A J :7 i yEy / Ili. aLh1dj1&) A76 9Z��_06 Enclosed please find.your ongirial bid bond issuedliyS 777u.7F' r— GH/72=CT.S for CC Joan L. Flynn City Clerk, JF:pe Enclosure g:/fol!owup/cashcont/retumbidbond.doc Document.A310... Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Ste my and Company, Inc. (Here insert full name and address or legal title of contractor) 12907 East Garvey, Baldwin Park, CA 91706 as Principal, hereinafter called the Principal, and SAFECO Insurance Company of America (Here insert full name and address or legal title of Surety) 330 N. Brand Blvd., Glendale, CA 91203 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert fun name and address or legal titleofOmml 2000 Main Street as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid - - - - - - - o.ars io%. _ for the payment.of which sum well,;and truly to be made,the said Principal.and the said Surety, in ourselves,our heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of projeeq Pedestrian Traffic Signal (CC1253) 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 maybe specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another.party to perform the Work covered by said bid,then this obligation shall be null and.void;otherwise to remain in full force and effect Signed and sealed this 15 day of July 2004 Steiny and Company, Inc. (Principal) (Seal) (Witness) / �-__ _�_ V"PialdMt�t (Title) 1 SAFECO surance Co pang of America ' (Surety) (Seal) Noemi Quiroz (Wit ess) Sco alan i (Title) Attorney-in-Fact Printed in cooperation with The American Institue of Architects(AIA)by Willis.Willis vouches that the language In the document conforms exactly to the language used In AIA Document 11310,February 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 15; 2004 before me, Noemi Quiroz Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared Scott Salandi , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/#eN#h& authorized capacity(+es), and that by hisA;eF/the* NOEMI AUIROZ signature(s) on the instrument the person(s), or the Commission#1420878 entity upon behalf of which the persons) acted, e Notary Public-California executed the instrument. Orange County My Comm.Expires Jun 26,2007 WITN S my ha and official seal. SIGRAtUREOF N TARY. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ® PARTNER(S) ❑ LIMITED ❑ GENERAL 1 NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) .. ❑ GUARDIAN/CONSERVATOR ❑ OTHER: July 15.2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Steiny and Company.Inc. Safeco Insurance Company of America SIGNER(S)OTHER THAN NAMED ABOVE 5 H/� F E CO' POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA 1 OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE.WASHINGTON 98185 No. 10688 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANYOF AMERICA, each a Washington corporation, does each hereby appoint ••••'••''•'•..............o.'­*VICTOMASTOCKTON;JOHND.MILLER;SCOTTSALANDI:SantaAna.California•'••'•'•'•'•"""""'"'..' .. its true and lawful atlorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and atlested these presents this 13th day of May 2003 4 I-e- CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that. purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate lilies with .authority to execute on behalf of the company fidelity and surety bonds and other documents ot.similar character issued by the:company in the course of its business...On_any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.. On any in conferring-such authority or on any bond or undertaking of the company, the seal.or a facsimile thereof,:may be impressed or.affixed.or in any.other manner reproduced;provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of said corporation Ihis . 15th day of July 2004 �� °qA SCE COMP SEAL SEAL T x 1953 132's FOf WAS M '� ��n1YVdSp `�` CHRISTINE MEAD,SECRETARY S-0974/SAEF 2/01 O A registered trademark of SAFECO Corporation 0 5/1312003 PDF SECTION C PROPOSAL J� for the Wit) Pedestrian Signal at Geraldine & Slater A CASH CONTRACT No. CC-1253 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 90 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 i If awarded the Contract, tllCundersigned agrees that in the event ofe BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or 'Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE• H:U253\BID SCHED.xtS ....•. ..•.•..... ttem: st�materi::•: ::: ::: :::::::::: :: :::: :•:•:•: ......::::: :. ....l ............ ............. .................................................................. ................... .................... ............................................................................................ ........................................ Item:With:iJriit:Price:Writteri:iri Words:::::::::::..: -::�lii t: ride::::: ::AEilo.....:.:.:.:.::: ........................ ........................................ 1 1 LS Mobilization @ ra9�t9 00 $ $ 6'e"'On Per LS 2 1 LS Traffic control @ (a✓ D29o.Oo 4 $ $ to r Per LS 3 2 EA Construct curb ramp per Caltrms Std. Plan No. A88A Case C Per EA 4 1 LS Install traffic signal @ Geraldine Sl ter Per LS 5 1 LS Signing&striping $ r Per L�( Total Amount Bid in Figures: $ Total Amount Bid in Words: .11 Note: the City will provide all poles,mast arms, luminaires, vehicle heads,pedestrian heads &push buttons, internally illuminated street name signs, &fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook two working days in advance for pick up at 714.536.5530. C-2a &IST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number K1=S 6 0 c .V�,e.�i Vf •::-;:ilk;_ L f'% - .3.'w CID 16 w::a 0.9 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 fiuni shed' b subcontractor for this project. C-3 W NCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Richard Tesadm ,being first duly sworn, deposes and says that he or she is WOep to of STt 4 AAD COMPANY,INC. the party making the foregoing bid that the bid-is not made in the interest of, or on the behalf of, any undisclosed person,partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STEIM AND COMANY.INC. Name of Bidder SignalIMO TOMPW INC. 12907 East Garvey Avenue P.O. Box 8100 Baldwin Perk CA 91706-M Address of Bidder Subscribed and sworn to before me this day of ,2004 . SHAA R.BRADRriw— Commkdon f 1416781 Q1MVCWn.8""M0Vq.2007i Notary .CaMomla RWONM County NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT ' HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the Pedestrian Signal at Geraldine & Slater (1)(we)(it) will employ and utilize only qualified persons,as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned fizrther 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. STEIM AM COMPANY.,INC; Contractor By %Ace Proem" Title Date: W4 C-5 DISPALIFICATION QUESTIONARE 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 XNo 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 k COMPASATION INSURANCE CER ICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. STEM AND CC VANY,INC. Contractor By Vice Presm" Title Date: C-7 UIQERGROUND SERVICE ALE* . IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATIONO BIDDER certifies that the following information is true and correct: STEINY AND COMPANYo INC. Bidder Name 1290 7 Ent Ga P.O. Box 8100 OWwln Park,CA 91706M Business Address City, State Zip [aFi::3it�`.1 :itY]!`-` t.t'sg3{'•2-? ([�'i:�`'S' -- \ 526.3384)7fn7 ("'- =''Telephone Number state License No. 161273 Class A, B, C-7 & C-10 State Contractor's License No. and Class ou g5 Origi a Date Issued Expirdti- A Date The work site was inspected by +U Db( of our office on 111U, 204. The following are persons, firms, and corporations having a principal interest in this proposal: rp4,�••,An J:O. SUW4 Piecldent Susan SWIM `I tg-2reAldant Rtchard TesarlM ^:nr is`►arm (;;,vie r_ Kappelntarr C-9 The undersigned is prepare0o satisfy the Council of the City of Hu*gton 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. �1,�, •, STEINY AND COMPANY,INC. ,nv ,,�Qmpany Narrie, Signature of Bidder RdWd Towft%We ftddeet Printed or Typed Signature Subscribed and sworn to before me this la day of , 20 SMWN R.eRADFiELD CommhWon#E 1416751 NOW RAft-Commla CWY @1MVC=M-B0ftMGV9.2007 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. OnaUIU L5 I V before me,Shawn R. Bradfield, Notary Publi Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public') personally appeared Richard Tesoriero Name(s)of Signer(s) >qersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/tFe- subscribed to the within instrument and SHAWN R.BRADFI,ELD acknowledged to me that he/she,40*y executed Comrriudon#14167! the same in his/hedUwir authorized • Notate-COMMCo W capacity(ies), and that by his/her/their My COMM.Expires May 9,2007 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i WIT ESS my hand and official seal. Signature of Notary Public 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. j Description of Attached Document (� I Title or Type of Document: i Document Date: Number of Pages: Signer(s)Other Than Named Above: None i Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero WIMI ❑ Individual Top of thumb h�e Corporate officer—Title(s): Vice President ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee j ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Steiny and Company, Inc. I 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Major construction projects in progress as of this date: Owner City of Pasadena Project Location Fair Oaks Corridor Transportation Valuation 1,814,489.00 Contact Person Dave Ortega Tel 626/744-4312 Owner City of Rancho Cucamonga Project Location Traffic Signal Interconnect for Base Line Road Valuation 1,091,488.00 Contact Person Jim Harris or Rick Jay Telephone No. 909/477-2700 Owner Alameda Corridor East Project Location Nogales Street Grade Separation Project Valuation 807,000.00 Contact Person Jose Martin or Orlando Luna (Brutoco Engineering) Telephone No. 909/350-3535 Construction projects completed as of this date: Owner L.A. County Dept. of P.W. Project Location Golden Springs Valuation 218,846.00 Contact Person Cliff Craig Telephone No. 626/712-3084 Owner City of Los Angeles Project Location San Diego Frwy Corridor Valuation 10,261,000.00 Contact Person Mehrdad Moshksar Telephone No. 213/978-0252 Owner Newhall Land Project Location Juniper& Silver Aspen Way, City of Santa Clarita Valuation 242,784.00 Contact Person Terry Miller Telephone No. 661/255-4000 More Available upon Request 11:�.11 .., , ��4'�­� ".:.-.:,i__­ 1­2 . 1, ­-,,,'�it�, _ ,m'.'.,,,i _ _ . i­ , , , .,.__ .,",._. -1� , " , , '----,�­� " I �%;!-.'-1,�.4,'I,iy�;R, -: ... I,";� r . .. :�� .. .1 .;�� -*,* mfi,�y,-I.L';� .,��,�!e,;,­Ir.y_-:�-A�t�._-�:-%i��:!­�:-,;r i: _. �:7� " `­7- - `­`-,:_;A-F�:�­ ,,-,.X.j,__f�, -,_...;= -'a -7 ,f.4 , ,.;,�A_l I,_ 2. ­�- .,-,r,,­�,..�'.�.&.:. -4 . . 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I . --,' I � . . : - I.; __- -C ��4,!;Ij2'�'.,..�.­ - M . . . . - z,�...,-._ . .. . . .1 i . 11�_! .,��- � ... . .. . ,..,;, ,: �I I._,1 .. . ..-. _., , . .W. , 19, .. , .>,.Z' CC SECTION C LOI.m py0 PROPOSAL �N6 - ,004C% for the Pedestrian Signal at Geraldine & Slater S r CASH CONTRACT No. CC-1253 in the l� 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 90 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 If awarded the Contract, the9dersigned agrees that in the event of thRIDDER'S default in executing the required cbnfract acid filing the necessary bonds and insurance certificates within 10'working days after the date:of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received. Bidder's Signature C-2 PROJECT BID SCHEDULE • HA1253\B1D SCHED.XLS i(feFii: iF:st�mated....:............... ........................:.......:...... ...... .....::Exte>2de ............ ............. .................................................................. ................... .................... ............................................................................................ ........................................ .tem:V h:.-Unit Price Written iin Words:::::::::: :: I iilt:l�rite::::: ....... Q!�..... Y.:: ..................... ........................................ 1 1 LS Mobilization @ $ $ Per LS 2 1 LS Traffic control @ $ scc>— $ sc7o Per LS 3 2 EA Construct curb ramp per Caltrans Std.Plan No. A88A Case C @ $s3 2oo $ Zoo - Per EA 4 1 LS Install traffic signal @Geraldine &Slater @ $ 22046 $ 2ZFoAS-.. Per LS 5 1 LS Signing&striping @ $�C,S� $ &15(0��-- Per LS Total Amount Bid in Figures: $ Total Amount Bid in Words: Tµ,R-r S� E� ..r gR,er� .......................................................................................... ....._.�..� �Nt��?................ .. ....... .......................................... Note: the City will provide all poles,mast arms, luminaires,vehicle heads,pedestrian heads &push buttons, internally illuminated street name signs, &fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook two working days in advance for pick up at 714.536.5530. C-2a WIST OF SUBCONTRACTORO In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number A-+4 S S�c,�.-► Cn. 5382t G _�Z 822 w• ��.� O,rc,.O a..�•s � 4'L'8c 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 WNCOLLUSION AFFIDAVIT* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Landon Smith ,being first duly sworn;deposes and says that he or she is Estimator of Pouk & Steinle, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person,partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or.that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association,organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Landon Smith Name of Bidd i tore of adder 2520 Rubi_doux Blvd, Riverside- CA 92519 Address of Bidder Subscribed and sworn to before me this 16 day of July , 2004 NOTARY PUBLIC NOTARY SEAL C-a JURAT WITH AFFIANT STATEMENT State of ,11"a�t�►1 0.— k1ty".61 ss. County of [�.� See Attached Document (Notary to cross out lines 1-8 below) ❑lee Statement Below (Lines 1-7 to be completed only by document signer[s], not Notary) 1 2 3 ------ 4 5 B 7 8 Signature of Document Signer No.1 Signature of Document Signer No.2(if any) Subscribed and sworn to (or affirmed) before me this �h day of ZTU( , at nth ' COLETTE.RICHARb by CO(YM bdon t tAW11 Ye Notary PUW -.California (1) SfYI4lr\ Nverside County Name of Signer(s) MyCcmm.EOW Dec 23,2r]07 (2) Name of Signer(s) �.e Place Notary Seal Above Signature of Notary Public 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. Top of thumb here Top of thumb here Further Description �ofI Any Attached Document Ti"eTyp q�of Qpcum nt:,vd r�trDocum nt Dat Number of Pages: Signer(s)Other Than Named Above: 0 2002 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2404 Prod.No.5924 Reorder:Call Toll-Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the Pedestrian Signal at Geraldine & Slater (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, .and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. P.ouk•.-& Steinle, Ine Contractor Landon Smith By Estimator Title Date: 7-16-2004 C-5 DISQ9ALIFICATION QUESTIONN9 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 KNo 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 COMASATION INSURANCE CER ICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor,Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Pouk & Steinle, Inc. Contractor Landon Smith By Estimator Title Date: 7_ 16_900 4 C-7 UMERGROUND SERVICE ALE 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: Pouk & Steinle, Inc. Contractor Landon.Smith - By Estimator Title Date: 7-16-2004 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Fouk & Steinle, Inc. Bidder Name 2520 Rubidoux Blvd Business Address Riverside CA 92519 City, State Zip ( 951 ) 682-2982 Telephone Number c10 576974 Al artri ral ((.anar;;I) State Contractor's License No. and Class August 28,1989 Original Date Issued August 31,.,_2005- Expiration Date The work site was inspected by LA-3no-J of our office on %,QT , 200[ The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepare satisfy the Council of the City of Hun gton 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. pnilk Company N e !a7ndon f Bidder S it Printed or TyApdSignature Subscribed and sworn to before me this 16 day of July , 200 4 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: o Name and Address of Public Agency Name and Telephone No. of Project Manager: �lE Ar(ntz'1 (`ttc#> ZSq -,(ZC_ t Contract Amount Type of Work Date Completed 2. bl.'.! Name anA Address of Public Agency Name and Telephone No. of Project Manager: t1 WoK N�ot� (`t(jS� (oc ( - I..,, Zng-CA�525' Contract Amount Type of Work Date Completed 3. i C. � �'_y...�'�a ecc.'n 7,Z-'50 LEw►-4 NZ Name and Address of Public Agency Name and Telephone No. of Project Manager"Ibgo2 C.-< Can) S9c\ -S84 Contract Amount Type of Work Date Completed C-10 JURAT WITH AFFIANT STATEMENT State of &1,l'�ja_ ss. County of t ► e XSee Attached Document (Notary to cross outlines 1-8 below) ❑ See Statement Below (Lines 1-7 to be completed only by document signer[s], not Notary) 1 ---- ------------ -------------- ------------ ----------- 2 3 4 ---------------- -------------- ------------- -------- 6 7 8 Signature of Document Signer No.1 Signature of Document Signer No.2(if any) Subscribed and sworn to (or affirmed) before me this, ��day of-0-U 6 , Date onth COLME RICHAR by C;om 1boon a4 14M 1 Year QIM813be County Name of Signer(s) W *Co rn Dec23.2O07 (2) LW Name of Signer(s) U&_14�W Place Notary Seal Above Signature of Notary Public 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. 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BEACH �Y�jw- rt `"' ,' `4 �r„ HUNTINCTON BEACH, CA `�264€ �_ �, ��r � � �`� �� -�� `�`„ Im �3 '<k y srilx ?,w• .ar"Xlya 1,,tia '' s::"r�'F :ea ��''� +. ss ,,tr.' .°a h,. '::m s t r,< abur s• " ATTN: ROBERT BEARDSLEY - pump ' �. ` .S as us • r F n'r ,z 3 X g� q a v 4 T t , ,,::u .. a :_.. .. .', .s'z ;,. .�.< ,.. _ ,�, s, � •:,,... t* t .. � :�'>A- �"'fir-��� .,T,' `�'4< '".'+�� '���2�ro.6-'?:'� >:,.rm,y r ,. ". -< ... .. ,. ,• ....?a:. ur: �..: s ,. 'a ,..,. >. - .. .e•w � ,� n' ,"':fin 4-,,,, '3� .�,,h a t<r� w:K�" n i.,. ,,. , ;�„ � "`,•:'r., ..s adz '� u`,e"?.�r '¢�'a.+.'�`z"i, �S� Ca� ,�$=�9ur'"F` b, m � -�„€ 'ry` ;.,,� � "s,~"�` -fir +>✓.�,+x`� `�' ,� { ,.:, „ �� .. .; �.. ',�, a,. •:r � .-tt `�'" a'..,.as",. .z'�:• � �'« nr .�� ?y ?Xv1[ .,w'*.ts.. - � r� �-�`,« '�'.. � n. '.� ��� r. ,.�� a�C....a'' a°as�F.,� >•'reh,�' i � h ��,�,`?? 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T..M ,'�... .,....t .} L fi.�... vf. a-. '+,.. ^#' ..,. ,.. � fr'.. v ':+�`��£,..: ,... ,lY ,R.i . #'- .. .' .•� �. a .....;, ... "„T ':. S .. 4'..t, ., .: � ...;F': < r. i. .. :- !Y. ,.- a �', r. a. ..•. .. w :.,, xz», 'T v� •,<. s, .: �,...,�..w.r �s�i: ..�-r .�"€�.i�;..`' ,r°C.... ,..,,.:a�,r .w,:. L., .,A.�. �,y„.,...X .a r�, ,,,'c�i' PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) SS. County of Orange ) SEMON A tington aea h,cA 92648. NOTItE The AGENCY will,de- duct a 10 w retention I am a Citizen of the United States and a INVITINGSU11 BIDS from all progress pay- f�1�19 ments. The Contractor aforesaid; I am resident of the Countymay substitute an es- PedeshlanSignala} crow holder surety of over the age of eighteen years and not a Ga��l�aswr�: _ equal value to time; / 'cretention in.accordance.. pparty to or interested in the below casHcoNTRALTNo.1253 with the provisions of ty Iethe the California Govern- ment Code, Section entitled matter. I am a principal clerk of �ITYOF 4590. The Contractor HUNiINGTON BEAtH shall be beneficial owner the HUNTINGTON BEACH INDEPENDENT, a PUBLIC NOTICE IS of the surety and shall HEREBY GIVEN that the receive an.y interest newspaper of general circulation printed CITY OF HUNTINGTON thereon. b BEACH, as AGE�NGY, The AGENCY hereby and pu lished In the City of Huntington invites sealed bitls for affirmatively ensures the above stated that minority business Beach, County of Orange, State of projects and will receive, enterprises will be such bids in the office' afforded full opportunity of the Git Clerk,Second I to submit ,bitls in re- California, and..that attached Notice is. a Floer,21100 Main Street, spouse to this notice true a_nd... .Complete .copy as was printed Huntington Beach, Cali-i and will not be tlis-. ,fornia 92648, up to the 1 criminated against on and published in the Huntington Beach h°ur of B:GD pm on July the basis of race, color, 16, 2004. Bids will be national origin,ancestry, publicly opened in the sex, or religion in any and Fountain Valley Issues of said Go`u cilChambersunless consideration leading to otherwise posted. the award of contract. No bid shall be newspaper to to wit the issue(s) of: Copies of the Plans4 sidered unless it is Specif•icaUions, and prepared on the ap- contract documents are provetl Proposal forms available from the Office to in conformance with the of the Direcr of Public Instructions to Bidders. July 1 r 2004 works, 200o Main Street, Hun�tin•gt•on The bid must be Beach, CA 92648, upon accompanied by a cer- July 8 , 2004 payment of a $30100 tified check, cashier's nonrefundable fee if check, or bidder's bond Jul 15 2004 picked up, or payment made payable to the y of a $40�00 nonrefund- AGENCY for an amount able fee ii mailed. no less than 30% of the Any contract entered amount bid. The suc- into pursuant to this cessful bidtler shall be l declare under penalty of perjury, that notice will incorporate licensed in accordance �/ the provisions of the with provisions of the / P '/ P 1 rY� State Labor Code. Pur- Business and Profes- suant to the provisions sions Code and shall the foregoing is true and correct. of the Labor Code of the Possess a Sfate Con- • State of California, the tractor's License Glass minimum prevailing rate at the time of the bid of per diem wages for opening. The successful each craft,classification Gont•ractor and his Executed on r type of workman subcontractors will be July 15 / 2004 o needed to execute the required to possess contract shall be those business licenses ffom at Costa Mesa, California. determined by bhe theAGENGY. Director of Industrial The AGENCY reserves Relations of the State of the right to reject any California, which are on or all tiids,to waive any file at the Office of the irregularity and to take j Director of Public Works, all bids under advise- 20001Main Street. Hung ment for a maximum period of 60 days. BY ORDER of the ' - . . CITzY COUNCIL of the CITY OF HUNTINGTON BEAGH,CAIIFORNIA, tha 15th day of March Signature Attest: Connie Brockway - - CITY CLERK OF THE CITY OF HUNTINGTON BEACH ' Published Huntington Beach Independent July 1,8,15,2004 071-706 PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) SS. County of Orange ) j i f A tington Beach,GA 92648. NOItE The AGENCY will da duct a 10 retention I am a Citizen of the United States and a INVITINGSEAtEDBIDS from all progress resident of of the County aforesaid; I am i iorthe ments. The Contractor may substitute an e PedesManS(gnalat crow holder sure s- ty of over the age of eighteen ears and not a j@�d(IIBas(a181'. equal value to the g years, ! + +retention in accordance O party to or interested in the below - ►Ht0N( ► INo �Zs3- 'thehCalforma�sGovernf j ment Code, Section entitled matter. I am a principal clerk of c(fYOF 4590. The Contractor HUNTINGTONBEA�H shall be beneficial owner the HUNTINGTON BEACH INDEPENDENT, a PUBLIC NorICE IS of the surety and shall. HEREBY GIVEN that the receive an.y interest newspa er of general circulation printed CITY OF HUNTINGTON thereon. / The AGENCY hereb BEACH, as AGE+NGY, affirmatively ensures and pu lished in the City of Huntington invites sealed bitls for that minority business Beach, County of Orange, State of the above stated enterprises will be projects and will receive afforded full opportunity such bids in the office to submit bits in re- of the Git Clerk,Second California, and that attached Notice is a Floor,2000 Main Street, spouse to this notice Huntington Beach, Ga-i- and will not be dis- true and complete copy as was printed fornia 92648, up to the crtminated against on hour of Z..00 pm on July the basis of race, color, and published in the Huntington Beach 16, 2tA. Bids will be nationalorigln,anceIN. and Fountain Valley issues of said PuAun opened in the X. or reon le in any Council Chambers unless consideration leading to othe Ithelawaroloticonir, ct. Copies of the Plans, No bid shall be newspaper to to wit the issue(s) of: Speci•fic•ations, and sidered unless it is contract documents are Prepared• on the ap- available from the Office Proved Proposal forms of the Director of Public in conformance with the July 1 r 2004 linstnuctions toBidtlers. j Street, Hunyt•ingt•on The bid must be Jul ! Beach, CA 92648, upon accompanied by a eer- y 8� 2004 payment of a $30t00 tified check, cashier's nonrefundable fee if check, ar bidder's bond July 15, 2004 picked up, or payment made payable to the of a $40�00 nonrefund- AGENCY for an amount able fee if mailed. no less than 10% of the Any contract entered amount bid. The suc- into pursuant to this cessful bidder shall be I - declare under penalty of perjury, that notice will incorporate licensed in accordance the provisions of the with provisions of the / / State�abor Code. Pur- Business and Profes- suarit fo the provisions sions Code and shall the foregoing is true and correct. of the Labor Code of the Possess a State Con- • State of California, the tractor's License Class minimum prevailing rate at the time of the bid of per diem wages for opening. The successful each craft,classification Gont•ractor and his Executed on or type of workman subcontractors will be July 15 / 2004 needed to execute the- required to possess at Costa Mesa, California. c ontract shalt be those business licenses from determined by t•he the AGENCY. Director. of Industrial The AGENCY reserves Relations of the State of the right to reject any Galifornia, which are on or all tiids,to waive any file at the Office of the Irregularity and to take DiyeCtor of Public Works, all bids under advise- + ment for a maximum 2000 Main_Str_eet,_Hun, peliod of 60 days. BY_ ORDER of the C1TY COUNCIL of the . CITY OF HUNTINGTON BEACH,CALIFORNIA, the 15th day of March ignature 2004 Attest: Connie Brackwo�y CITY CLERK O�T yE 61TY OF HUNTINGTON . BEACH Published Huntington- Beach Independent July 1,8,15,2004 071-706j Council/Agency Meeting Held: Deferred/Continued to-.- Approved ❑ Conditionally Approved ❑ Denied laqviCi le r s Si ture Council Meeting Date: August 2, 2004 Department Number: PW 04-069 Tc- rin-S/fi V v CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND ITY COUNCI M ERS SUBMITTED BY: PENELOPE C RETH GRAFT, City Administ ator PREPARED BY: ROBERT F. B�ARDSLEY, PE, Director of Public Works SUBJECT: Award Construction Contract for Slater Avenue Pedestrian Signal, CC-1253 Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: On July 16, 2004, bids were received for the pedestrian signal on Slater Avenue east of Geraldine Lane, CC-1253. Staff recommends award to Signal Maintenance, Inc.., as the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $70,000 are available in the Traffic Impact Fee Fund, Traffic Signals, (20690007.82700) for the construction and administration of the Slater Avenue Pedestrian Signal, CC-1253. Recommended Action: 1. Accept the lowest responsive and responsible bid submitted by Signal Maintenance, Inc., in the amount of $34,700.50 for the construction of a pedestrian signal on Slater Avenue, CC-1253, and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. _ T 6 C r— 5-) CD C� r 1� n r A REQUEST FOR ACTION MEETING DATE: August 2, 2004 DEPARTMENT ID NUMBER: PW 04-069 Analysis: The Public Works Department has completed an evaluation of traffic safety near the intersection of Slater Avenue and Geraldine Lane. The area is adjacent to Lakeview Elementary School and an adult crossing guard is assigned by the City to assist school-age pedestrians in crossing Slater Avenue during the typical arrival and departure times for the school. The results of the analyses concluded that a traffic signal is warranted to serve the school area pedestrian crossings. The location was then ranked third in the City's traffic signal priority list. The traffic signal evaluation included a review of the physical conditions, the accident history, traffic volumes, pedestrian activity levels, street lighting and information contained in the final traffic accident report. Upon completion of the evaluation, staff presented findings and recommendations to the Public Works Commission and City Council. The pedestrian-only traffic signal improvements will include the relocation of the existing crosswalk from its current location-to a mid-block location approximately 100 feet east of Geraldine Lane. This crosswalk will be controlled by the new traffic signal. The signal will have no vehicle detection and will only be activated by depressing the pedestrian push buttons. On July 16, 2004, three bids were received and publicly opened by the City Clerk and are listed as follows, in order of least dollar amount.- Bidding Contractor Bid Amount Corrected From 1. Signal Maintenance, Inc. $34,700.50 $37,770.00 2. Pouk & Steinle, Inc. $36,813.00 3. Steiny and Company, Inc. $92,362.00 The Engineer's estimate was $58,600. The reference check for Signal Maintenance, Inc. provided acceptable responses from past clients. All other elements of their bid were reviewed and found to be in compliance with bidding requirements. Therefore, staff recommends that the City Council accept the bid from Signal Maintenance, Inc., the lowest responsive and responsible bidder. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Public Works Commission Action: The Public Works Commission reviewed and unanimously recommended the project at their February 18, 2004 meeting. G:\R C A\2004\04-069 Aug 2 Kato (Geraldine&Slater Pedestrian Signal.doc -2- 7I2112004 4:09 PM 0 REQUEST FOR ACTION • MEETING DATE: August 2, 2004 DEPARTMENT ID NUMBER: PW 04-069 Attachment(s): City Clerk's Page Number No. Description 1 Project vicinity map 2 Sample contract RCA Author: Kato:jg G:\R C A\2004\04-069 Aug 2 Kato (Geraldine&Slater Pedestrian Signal.doc -3- 7/21/20044:10 PM ATTACHMENT # 1 tea. G �v BOLSA 7AV\E. McFADDEN EDINGER z Ld V' AVE. Y D 0 a �, N o PROJECT LOCATION o v m a HEIL� m ¢ AVE. m a a z } mv~i � o 0 0 N a WARNER w AVE. c� SLATER AVE. m 405 TALBERT AVE. ri PACIFIC ELLIS AVE. 0,9 GARFIELD _ AVE. S� V) En � a YORKTOWN AVE. ADAMS AVE. N IX INDIANAPOLIS AVE. Y OCEAN J aw ix o TLANTA a z a AVE. _ cn V W rp w z HAM LTON AVE. N ti BANN NG AVE. CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING .ff GERALDINE AND SLATER PEDESTRIAN TRAFFIC SIGNAL ATTACHMENT VICINITY MAP 1 ATTACHMENT , #2 • • AA CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the.nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 • • the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (__) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by Califomia admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/fomns/city consd4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city constl4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen(15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 r i 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent.(10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(100%)of agree/forms/city const/4-03 10 • • the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city consd4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence; or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consd4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 th%) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25, DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 • a 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of.Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city consd4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/fonns/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 • 0 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one)Chainnan/PresidentfVice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/fortes/city const/4-03 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS PagLNo. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10, INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26, NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28, STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES . 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 VTINGTON BEACH CALIFORNIA 92648 OF THE CITY CLERK E CONNIE BROCKWAY C CITY CLERK - c -- r cr _ N O D 0 0 Z d 9 i �nr aoot V3 v 1 1 tin i • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Slater Avenue Pedestrian Signal, CC-1253 COUNCIL MEETING DATE: August 2, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO DED Administrative Staff LAY= ) Assistant City Administrator (Initial) ( ) City Administrator (initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Kato C'C- BID DATE: (�1__� 16, TIME� too P Engineer's Estimate: $ BID LIST BFDDER'S NAME RAMS TOTAL BID A' QUNT- 1. L n � �a 36 z G 3 13 4. $ 5. $ 7. $ S. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ 3E(TIONA , ,. PUBLIC. NOTICE."IS f -� E HEREBY GIVEN that the , .NOTICE CITY UNTINGTO,Y BEACH ,a-s`rc�ENC INV �IQS invites seaied''bidsfor . H U N T I N G T 0 N BEACH _ f0[1�I8,,, , the above stated NDErt DE t4 ' projects and will[eceive: PedestnanSlgnalgF such bids m_dhe offce.+ "�'� Ge"ra1t11t1e8Slater; of;the City„Clerk Seco'n'd 4 N I SNCONTRACTW.1253 Fjoor 2oo0.M;N trWt`� s!$xl7f .'ne _ Huntmgton-Beach-Cali- NT 1 foTnia 92648�.up�,tofthe-' ,._ -I 'c ;(m� OF � hour of 2-'.00•.pm on July- Uzi ei NUNTINGJONBEA(A publicly openedc?-'m the Chambers unless otherwise posted: u-Cq'pies -the Plans,.' Specifications, and contract documents;are } 2 ;available ector oe Office: Client Reference # � - 12`J` 7 <of,,the Director'of.;Public,� Works, _20116"Ma'i6 'Sfieet., Huntington,' Beach, CA 92648, upon: payment of"-a .'$.30.00 . nonrefundable'-fee`.if.,n-ton Beach Independent Reference # picked±up, or payment.i of a $40.00•nonrefund- 1 able`-fee if maile'aI ;;-Any contract entered:I into pursuant to;this= notice will incorporate ' the`_ rovisioW—`6 ,W6 State.Labor-_Code, Pur �..-, Vs t to the'p ovisions.I of_+,Fie Labor CNoe`of the I State.of"California, the minimum prevailing rate of per diem wages-for each craft,classification or type of workman De 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 En,'Drrector,of f utihc Vs,' ing of your ad from the first publication, beginning on 2000£Mani Street_ Hun-' tington Beach,.CA 926aa. R lrincr on 15 ti'e tAGENCY will de P :✓ Iduct;:a�,10% ,retention lfroin all progress-pay- meets The ;Coeur to�k a please call me at your If Jim substitute,an es a any changes or corrections, crow�holder surety of -crow .value..to the ice. eaii. 6 ention in accordance. with the prawsionsz of the California Govern-I merit "Code, Section Q ` b �4590. The'.Contractor=a is `J , shall-,be beneficialtowner the surety and shall receive any interest thereon. Th�ihe-- AGENC_Y,,hereby looperation and patronage. affirmatively ensures I.tnat_ minority:.-business entporis'es, will :be to rd . affoed full opportunity Sspouse to this,'notI i ard.'wih =notF e. ills= cmmnated. against'`on the'basis of racer.,color, national origin:ancestry, sex,o or religion in any consideration leading to Mthe award of.contract.. No bid shall be con- sidered.-unless it is L prepared--on the ap-ig proved Proposal forms in conforrnance with thei Instructions:to Bidders. The .bid. 'must bet accompanied'by a cer`- aifietl=:cneck;,;,,cashier s check or bid"der s bond matle payable to the AGENCY.foe`a1nLvamffou#nn���f` nctd: _Z� d30N1/N� apA. cl lb - - — v Ol _.. _. .... _. Beach Blvd.,Ste.160,Huntington Beach,California 92646 i z 965-7174(714)965-3030 Fax(714) . f of Times Community News •A Division of the Cos Angeles 31mes s SECTION A NOTICE INVITING SEALED BIDS for the Pedestrian Signal at Geraldine& Slater CASH CONTRACT No. 1253 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on July 16, 2004. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $30.00 nonrefundable fee if picked up, or payment of a$40.00 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 with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 15th day of March 2004 . Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 • ,� • ST/3Ctf�LSKJ� M1 nJ Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City k's gnatur Council Meeting Date: March 15, 2004 Department I Number: PW 04-021 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION z ti c 0 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS T SUBMITTED BY: RAY SILVER, City Administrator 002d PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works / is SUBJECT: . EVALUATE TRAFFIC SAFETY FOR THE INTERSECTION O.I- GERALDINE LANE AND SLATER AVENUE Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department completed an evaluation of traffic safety near the intersection of Geraldine Lane and Slater Avenue following a recent severe accident at that location. The Public Works Department is seeking concurrence and direction from the City Council regarding measures to be implemented at the intersection. Funding Source: Funds in the amount of $70,000 are available in the Traffic Impact Fee Fund, Traffic Signals, (20690007.82700) for the design, construction and administration of the recommended improvement. Recommended Action: Motion to: 1. Confirm the need for, and approve the installation of a traffic signal to accommodate pedestrian crossings on Slater Avenue approximately 120 feet east of Geraldine Lane; 2. Approve findings that the traffic signal be considered the highest current priority installation at this time based on the additional processes required to complete the locations ranked numbers 1 and 2; and 3. Direct staff to complete design and authorize the Director of Public Works to advertise for bids for construction. Alternative Action(s): 1. Retain current operations. 2. Direct staff to pursue construction of a traffic signal at the intersection of Slater Avenue and Geraldine Lane. 3. Other alternatives as identified by the City Council. l 1EQUEST FOR COUNCIL ACTION MEETING DATE: March 15, 2004 DEPARTMENT ID NUMBER: PW 04-021 Analysis: The Public Works Department initiated an evaluation of traffic safety near the intersection of Slater Avenue and Geraldine Lane following a November 18, 2003 fatal traffic accident involving pedestrians. The area is adjacent to Lakeview Elementary School and an adult crossing guard is assigned by the City to assist school-age pedestrians in crossing Slater Avenue during the typical arrival and departure times for the school. The accident occurred in the marked school area crosswalk, during the early evening hours, outside of the crossing guard hours. The investigation included in the traffic accident report concluded that the motorist involved in the accident was at fault. The evaluation included a review of the physical conditions at and approaching the accident site, accident history, traffic volumes, pedestrian activity levels, street lighting and information contained in the final traffic accident report. Upon completion of the evaluation, staff presented findings and recommendations to the Public Works Commission. The detailed Public Works Commission report and support material are included as Attachment 1. The Public Works Commission unanimously supported the recommended actions. The results of the analyses concluded that a traffic signal is warranted to serve the school area pedestrian crossings. This finding is consistent with previous analyses included in the development of the Traffic Signal Priority List. It is also recommended that the traffic signal be constructed at a location east of the existing crosswalk and operate as a pedestrian crossing. This type of operation would provide a standard traffic signal operation for traffic on Slater Avenue with the signal changing to red for traffic on Slater when the pedestrian push button is activated. Generally, the traffic signal would display a green indication for motorists on Slater Avenue until a pedestrian crossing activation occurs. The Public Works Commission also considered the prioritization of new traffic signal installations and whether the current method adequately reflected community priorities. As a result, a separate item is provided that presents recommended revisions to the traffic signal priority system. Presuming City Council affirmative action on that item, staff recommends that the City Council find that the Slater Avenue traffic signal be considered the highest priority location for immediate design and construction based on the following two criteria: 1. Construction of a traffic signal at the intersection of Beach Boulevard and Taylor Drive (recommended priority #1) requires the approval, cooperation and funding of Caltrans. Due to the time required for on-going discussions with Caltrans and the very limited availability of State funds, the likelihood of completion of this traffic signal within the next two years is low. 2. Installation of a traffic signal at the intersection of Adams Avenue and Ranger (recommended priority #2) may result in impacts to neighboring residential areas that may be objectionable. In particular, staff is concerned that a traffic signal at this intersection could result in increased neighborhood traffic intrusion/cut-through traffic on residential streets. Staff recommends that design and construction of this traffic.signal be pursued only after completion of a neighborhood outreach effort, identifying potential impacts of and alternatives to the installation of a traffic signal. G:\R C A\2004\04-021 March 15 Stachelski (Geraldine-Slater Traffic Safety Eval).doc -2- 2/26/2004 10:14 AM 1EQUEST FOR COUNCIL ACTION MEETING DATE: March 15, 2004 DEPARTMENT ID NUMBER: PW 04-021 Two recommendations of the safety evaluation involved items that can be completed as general duties of the Public Works Department. First, the existing crosswalk has been modified to enhance visibility. Second, staff has asked Southern California Edison Company to modify its existing streetlight on the corner of Geraldine and Slater, to enhance illumination of the crosswalk at night. Both of these treatments are additional measures to be combined with traffic signal construction at a future date. It is expected that the signal, if approved, would be in place prior to commencement of fall school classes. The recommended actions include authorizing staff to complete the design of the traffic signal and to authorize staff to advertise for bids for construction, without returning to the Public Works Commission for review. Award of the construction contract would require City Council action. Public Works Commission: The Public Works Commission reviewed and approved the recommended actions on February 18, 2004, with a vote of 7-0. Environmental Status: Construction of a traffic signal is categorically exempt from detailed environmental review. Attachment(s): City Clerk's Page Number No. Description 1. February 18, 2004 Public Works Commission Request for Action RCA Author: 5tachelski G:\R C A\2004\04-021 March 15 Stachelski (Geraldine-Slater Traffic Safety Eval).doc -3- 21261200410:14 AM ATTACHMENT # 1 •J CITY OF HUNTINGTON BEACH Y— PUBLIC WORKS COMMISSION REQUEST FOR ACTION Item No. PWC 4-04 , U SUBMITTED TO: Chairman Mason and Members of the Commission SUBMITTED BY: Robert F. Beardsley, Director of Public Works DATE: February 18, 2004 SUBJECT: Slater Avenue and Geraldine Lane Traffic Safety Evaluation Statement of Issue: A recent fatal accident at the intersection of Slater Avenue and Geraldine Lane has prompted staff to complete an investigation of the situation. Funding Source: Minor lighting and crosswalk enhancements could be completed within current maintenance appropriations. Major capital improvements would need to be funded through additional appropriations and reprioritization of current capital projects. Recommended Action: Motion to: 1 . Recommend to the City Council that, consistent with the traffic signal priority list, the City continue to pursue the installation of a traffic signal to serve the pedestrian crossings on Slater Avenue near Geraldine Lane. 2. Support the staff recommendation that a pedestrian traffic signal located approximately 120 feet east of Geraldine Lane be the preferred signalization method based on expediency of construction scheduling, optimizing traffic flow on Slater Avenue, and reduced construction and maintenance costs. 3. Recommend that the City Council reconsider the current priority ranking of the Slater/Geraldine crossing based on a revised method of establishing traffic signal priorities (separate report). 4. Implement interim street light enhancement at the existing crosswalk until a traffic signal can be installed. 5. Modify existing crosswalk markings to provide a "ladder style" marking to improve visual perception of markings to motorists. PWC 04-04 feb 18 04 Geraldine-Slater(stachelski) Alternative Action: 1 . Retain current operations. 2. Recommend traffic signal location at the intersection of Geraldine/Slater in conjunction with current or revised traffic signal priority ranking, or in conjunction with available grant opportunities. 3. Other alternatives as identified by the Public Works Commission. Analysis: Incident - On November 18, 2003, at approximately 5:18 p.m., an adult and two children attempted to cross southbound across Slater Avenue in a marked crosswalk on the east side of the intersection at Geraldine Lane and were struck by a pick-up truck with a single occupant, resulting in the death of one pedestrian and serious injuries to the other two. The facts, as presented in the traffic collision report, indicate that the three pedestrians began to cross the street from the,6bcIh to the south during a break in the westbound traffic, with traffic stopped Yat the Newland/Slater traffic signal approximately 600 feet to the east. Before reaching the middle of the street, they stopped crossing to wait for eastbound,fraffic to yield to them. They stopped while still within the number 1 travel lane, adjacent to the westbound left turn lane. During the time they were crossing and waiting for a clearing in eastbound traffic, the traffic signal at Newland changed and traffic was approaching the crosswalk in the westbound direction. The first vehicle in the group leaving the signal was in the number 1 lane. The driver did not see the three pedestrians and the vehicle struck them. There were no impairments indicated with either the driver or her vehicle, nor were any distractions or excessive speed noted. Additional relevant information includes the following findings: The roadway was clear and dry, and it was dark/nighttime. All appropriate signs and markings for the crosswalk were in place and in good condition. • Streetlights in the area were functioning normally. The posted speed limit is 40 mph on this section of Slater Avenue. History The crosswalk at the intersection of Slater Avenue and Geraldine Lane is a yellow school area crosswalk within a marked school zone on Slater Avenue (speed limit 25 mph when children are present), adjacent to Lake View Elementary School. The crosswalk has been maintained at this location for more than 25 years and an adult crossing guard is currently provided on school days during student arrival and departure times (typically 7:15 to 8:15 am, and 1 :40 to 3:20 pm). A crossing guard has been assigned to this location since 1970. Lake View Elementary School has vehicular access from Zeider Lane on the east side of the school. There is a main pedestrian entry to the school facing Slater Avenue, east of the crosswalk and a gate to the school grounds just east of the crosswalk. Attachment 1 presents an aerial photo view of the area. The posted. speed limit on this section of Slater Avenue is 40 miles per hour. Approximately 18,000 vehicles per day travel this section of Slater Avenue on a typical weekday. Attachments 2a and 2b present photographs of the eastbound and westbound approach to the intersection, respectively. Each year, the City Council adopts a priority list for new traffic signal locations within the City based on analyses and recommendations of the Public Works Department. The analyses include a review of six of the Caltrans traffic signal warrants,,which relate to various factors that may indicate a need for a traffic signal (e.g. traffic volume., accident history, pedestrian volume, vehicle speeds, and location). The-current priority list of new traffic signal locations includes 21 locations with the intersection of Slater Avenue and Geraldine Lane at number 17, meeting only the school area crossing warrants (Attachment 3). .This warrant presents criteria:`based on a combination of minimum school aged pedestrian and vehicle traffic volumes that may indicate a need for a traffic signal. The warrant is satisfied based on the relatively high number of school pedestrians using the crosswalk during the arrival and departure periods along with the volume of traffic on Slater Avenue. Four other locations meet the same warrant and are prioritized 16, 18, 19 and 20 on the adopted list. Attachment 4 presents the City Council staff report regarding the traffic signal priority list (without attachments). The rationale supporting the existing priority assigned to these locations is that a crossing guard is assigned to each location to assist school pedestrians in crossing the street during the peak periods. The enhanced control of traffic provided by the crossing guards has resulted in excellent safety records at posted locations during the time the guard is assigned. The presence of a crossing guard during the school crossing hours provides an effective means of mitigating the urgency of the need for a school pedestrian traffic signal at these locations. Accident history records for the ten.years prior to the November 2003 accident show that three accidents have occurred at this intersection. None of these involved pedestrians and all were classified as "rear end" accidents, occurring during daylight hours. Alternatives: As part of the engineering investigation and with input from the public and the Public Works Commission, several alternatives that have potential application for this location have been identified. The following presents the list of potential alternatives: 1 . Install a traffic signal at Slater/Geraldine 2. Install a pedestrian crossing signal at a location east of the current crosswalk 3. Construct a grade-separated pedestrian crossing at or near the intersection of Geraldine/Slater 4. Enhance crosswalk to*improve visibility of crossing 5. Enhance lighting to improve nighttime visibility of crossing area 6. Retain current operation A review of each alternative is discussed in the following sections. Alternative 1 - Install a Traffic Signal at Slater/Geraldine: The installation of a traffic signal at this location is contained within the City Council approved Traffic Signal Priority List. Installing a traffic signal at this intersection would control traffic at the entire intersection, including vehicles entering and exiting Geraldine. To avoid unnecessary delays to vehicles traveling on Slater, staff recommends that Alternative 2 be the preferred traffic signal control alternative. Some advantages to locating the traffic signal the Slater/Geraldine intersection-is that the existing crosswalk location would remain unchanged and the residents of the 31 properXe�s with access from Geraldine would be provided signal controlled ac to Slater. Attachment 5 presents a graphic illustration of this alternative on an aerial photograph. Alternative 2- Install a Pedestrian Crossing Signal: A pedestrian only traffic signal would require the relocation of the existing crosswalk from its current location to a mid-block location. Staff recommends a location approximately 100 feet east of Geraldine. This location would provide sufficient separation from the Slater/Geraldine and Slater/Zeider intersections and move the crossing closer to the school entrance. This treatment would effectively address the pedestrian crossing needs identified in the signal warrant analysis but offer two advantages over the full intersection traffic signal. First, the construction of a pedestrian crossing could be accomplished at significantly lower initial capital costs and lower maintenance costs. Second, the installation would be activated less often than at an intersection with cross-vehicular traffic. This would reduce vehicular delays and lessen the impacts of vehicle noise and emissions from stopping and starting on the surrounding residences. Attachment 6 presents a graphic illustration of this alternative on an aerial photograph. Alternative 3 - Construct a Grade Separated Pedestrian Crossing: The construction of a grade separated crossing in the area of Lakeview School would help to reduce the potential conflicts between pedestrians and vehicles on Slater Avenue. However, experience has shown that, in many cases, pedestrians often choose to not use the crossing because it is inconvenient, and continue to cross the roadway at-grade. Pedestrian crossings are also difficult to construct and maintain in conformance with disabled access requirements. Several factors together result in this alternative being impractical. These factors include: Effectiveness - likely to still have pedestrians crossing at grade in the area Right-of-way— Construction of a. crossing while maintaining existing pedestrian access paths would require additional right-of-way, with significant residential impacts on the south side of Slater. • Design - Disabled access standards would require impractically long ramp systems or elevators. • Cost - Initial construction costs and maintenance would be 3 to 4 times the cost of a pedestrian signal. Alternative 4- Enhance Crosswalk: One area that has consistently challenged traffic engineers is providing clear warning to motorists of.the possibility of pedestrian crossings in an area. While signs provide an effective message, inattentive motorists may not see signs or perceive the need to exercise caution. Crosswalk markings are generally ineffective in providing an on-street visual indication of the crossing location. The low eye angle of a driver makes perception of the crosswalk lines very difficult from more that 100 feet in advance. Longitudinal or cross markings can be used to improve visibility, but the impact is still minimal from a distance that would allow a driver to react appropriately. Staff has used digital photos of the area to provide a rendering of the differences that a driver could perceive with different types of crosswalk markings as pr06e ted in Attachments 7 and 8. Another means that can be used to enhance crosswalk visibility are the use of in-pavement lights. This is a relatively new treatment that only recently has been approved for general use by the State of California. The costs of these treatments approach the cost of a pedestrian traffic signal and generally do not provide positive guidance to pedestrians. In this particular case, since the location meets a traffic signal warrant, staff believes that the appropriate use of capital funds would be to implement a pedestrian traffic signal rather than in-pavement lighting, resulting in an installation that is likely to have better motorist compliance over the lesser level of control offered by a pavement lighting alternative. Alternative 5- Enhance Lighting: The existing streetlights provide general illumination along the street. The streetlights are primarily located on the north side of Slater Avenue. The existing crosswalk is at a location where there is a streetlight immediately adjacent to the crosswalk on the south side of Slater. The nearest street light on the north side of Slater is approximately 120 feet east. Another streetlight is located approximately 260 feet west of the crosswalk. The area in and around the crosswalk is partially illuminated. However, street lighting could be enhanced in the area by changing the existing street light on the south side to a higher wattage bulb with a modified fixture that casts light in a pattern that better illuminates the crosswalk. It is important to note that intersection lighting would be included as part of the standard installation of a traffic signal since the signal poles integrate overhead lighting as part of the design. Alternative 6 - Retain Current Operation: Reviewing the circumstances of the recent accident concluded that the existing design meets all applicable engineering design requirements for the intended operation. However, the basic premise of this alternative is in conflict with the previous conclusion and the affirmation of that analysis presented here, that a traffic signal continues to be warranted at this location. Conclusions: The fatal traffic accident in November appears to be the result of an inattentive driver, as concluded by the police investigation detailed in the accident report. While the installation of a traffic signal may have reduced the likelihood of this or another similar accident occurring, serious injury and fatal accidents can occur at,signalized intersections. Based on the information available, the location meets all applicable roadway design requirements. Staff reaffirms that the location satisfies the warrant for a traffic signal at a school area crossing. The City should continue to pursue the installation of a traffic signal at this location, either at the intersection or as a pedestrian only crossing. Staff recommends that the current prioritization system be reviewed to ensure that the process reflects the perceived needs of the community along with . engineering requirements. A suggested method for this is presented in an . accompanying report. Additional interim measures may be helpful in improving conditions at the crosswalk by i.hcreasing visibility of the crossing area. The use of a ladder-style marking may improve driver awareness of the crosswalk slightly. Enhanced lighting may also be useful in supplementing vehicle headlights in illuminating the crossing and improving the motorist's ability to perceive pedestrians in the crosswalk at night. Attachments: 1 . Area Map 2. Photos.of Location (2a and 2b) 3. Approved 2003 Traffic Signal Priority List 4. June 13, 2003 City Council Traffic Signal Priority Report and Related Meeting Minutes 5. Intersection Traffic Signal Illustration 6. Pedestrian Traffic Signal Illustration 7. Crosswalk Enhancement Illustration - Aerial View 8. 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'� n.• 1.. n 7n.'�� + Y � �^..� ��F� �A����7 J11 Y �,.y •tu �'v''"c!(f,�'Yb-.`yj "�Yr: ��+ �t � �T j�a g}9(r 1`,. 1� 3 7F'+.�# --�� � 4' � _, :.�t� YI. lF �i } Y 4Y :♦( Sk � »i��J Y q.l- C �Y -�Kf -.] i 4 Il i+' -krf,�.i^ I�t f ,r `•+� t._� tJr r i 1 r f,'s. a R fr r s .,f�• L�(y " s r � f 2. t L. rtY '4 l2 S l 1 � g v +, .r s �c r = �c t :,'r'cc i r t /' f y t t `� .�sf t � r, G � a •r I �c t r�+fic�,�t i � ,�• �p- �}f�j' ��z', pls t.:t S _ �� r _. � k i�r.�k J � r'. j �� T F}3 tr`'tit a •"'i r s' f 4 •a z 7 t 4 F r� h - tn: - � _ 't r ATTACHMENT #3 s • ATTACHMENT 3 APPROVED 2003 TRAFFIC SIGNAL PRIORITY LIST Warrant Warrant Warrant Warrant Warrant Warrant Rank Location 1 2 4 6 9 11 1 Beach at Taylor No(l) Yes No No Yes Yes 2 Adams at Ranger No(l) Yes No No Yes Yes 3 Beach at Seabrid a/Mem his No Yes No No Yes Yes 4 Ellis at Delaware Yes Not') No No Yes Yes 5 Magnolia at Seahurst/Moor ark No(') Yes No No Yes Yes 6 Boise Chica at Pearce No(') Yes No No Yes Yes. 7 Goldenwest at Deep Harbor No(i) Yes No No Yes Yes 8: Talbert at Brookshire/Kovacs No Yes No No Yes Yes 9 Edin er at Saybrook Yes No(l) No No Yes No 10 Heil at Algonquin Yes No No No Yes No 11 Adams at 17th Street Yes No No No Yes No 12 Edwards at VarsitylCentral Park No Yes No No Yes No 13 Yorktown at Windward No Yes No No Yes No 14 Goldenwest at Rio Vista No No(') No No Yes No 15 Graham at Research No Yes No No No No 16. Heil at Monroe No.. No Yes No No. No 17 Slater at Geraldine No No Yes No No No 18 Indianapolis at Titan No No Yes No No No 19 14th Street at Crest No No Yes No No No 20 Banning at Malibu No No Yes No No No 21 Brookhurst at Constitution No No No No No Yes (1)=Met 80%of the Warrant. Locations satisfying the same warrants were ranked based on a relative evaluation of accident history,traffic volumes and pedestrian volumes Page 1 of 1 ATTACHMENT #4 CITY OF HUNTINGTON BEACH MEETING-DATE: June 16, 2003 DEPARTMENT ID NUMBER:PW 03-038 Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 16, 2003 Department ID Number: PW 03-038 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: APPROVE THE 2003/04 TRAFFIC SIGNAL PRIORITY LIST Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis, Environmental Status,Attachments) Statement of Issue: The Department of Public Works annually evaluates intersections for potential signalization. The evaluation procedures are complete and a new Traffic Signal Priority List has been prepared. Funding Source: No funds are required for this action. The City's proposed 2003-2004 budget will include recommendations for funds for two traffic signal installations from the Fair Share Traffic Impact Fee fund and the AQMD 2766 Subvention program. Recommended Action: Motion to:. Approve the 2003104 Traffic Signal Installation Priority List. Alternative Action(sl: Modify priority ranking of locations or add locations to the Traffic Signal Priority List. Analysis: The City Council directed staff to identify all locations within the City that potentially could require traffic signal control. Staff has developed a multi-step process to identify locations with reasonable potential for signalization and to perform an initial evaluation of all locations. This process limits the number requiring full, detailed analyses. This is the third year that the procedure has been applied in developing the traffic signal priority list. REQUEST FOR ACTIO* MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER:PW 03-038 The following procedures were used to evaluate potential signal locations: 1. Identification of Potential Signal Locations a) Locations currently controlled by all-way stops on arterial streets b) Locations with crossing guards without existing traffic signal control c) Locations on previous traffic signal priority list not programmed to receive traffic signal control d) Major/primary entrances to residential tracts from major roadways with reasonable spacing from major intersections/current traffic signals Based on the four criteria identified in item No. 1 above, a total of 111 potential signal locations were identified. It is important to note that four locations were not included in the list due to current or planned efforts for construction of signals. The following table shows the status of these projects. The complete list of potential signal locations is attached. (Attachment #1) w Location :0. , ...� ;Status z 1. Paim Avenue/17 Street Authorization to bid this project was received from City Council on May 5, 2003. Signal installation funded by grant. 2. Heil Avenue/Graham Street Project currently in design. 3. Hamilton Avenue/Newland Street Project currently placed on hold for design to initiate acquisition of right-of-way to allow for traffic signal installation. 4. Slater Avenue/Nichols Street Design of signal expected to be contracted by June 2003, with constructio in late Fall 2003. - The following criteria have been used in the initial screening of potential traffic signal locations: 2. Screencheck Criteria to Eliminate Locations From Further Consideration a)Three or more correctable accidents at the intersection between January 1, 2001 and December 31, 2002. Correctable accidents are those that would likely be reduced with the installation of a traffic signal such as broadside and head-on collisions. b) Pedestrian volumes meeting the traffic signal threshold based on school area pedestrian crossings. c) Satisfied traffic signal warrants in 2002/03 evaluation. Using the Screencheck criteria, 86 locations were eliminated, leaving 25 intersections for further study. Staff then completed a detailed evaluation using the standard State of California traffic signal warrant criteria. Six of the eleven warrants were used in the ,3- REQUEST FOR ACTION MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER:PW 03-038 evaluation. The six warrants were selected based on staffs experience in the applicability of the warrants and the relative importance of the warrants in providing an indication of the need for traffic signal control. Four of the 25 intersections failed to satisfy any of the warrants. The analysis was used as the basis for prioritizing locations of traffic signals. 3. Evaluation Warrants Criteria Warrant 1 — Minimum Vehicle Volume: Addresses a condition where the combined level of traffic on both intersecting streets results in confusion or congestion and operations would be improved with a traffic signal. Warrant 2 — Interruption of Continuous Traffic: Addresses a condition where the traffic on the main street is so heavy that drivers will try to cross or enter the street from the minor street when it is unsafe. Warrant 4— School Area Warrants: Addresses conditions where there is a combination of heavy school pedestrian traffic and vehicle traffic resulting in confusing or congested conditions. Warrant 6—Accident Experience: Addresses collision history that indicates that traffic signal controls would likely reduce the probability of accidents. Warrant 9 — Four-Hour Volume Warrant: Addresses a condition where heavy traffic volumes occur during relatively short periods of the day-that are sufficient to result in confusion, congestion or excessive delays.'. Warrant 11 — Peak Hour Warrant: Same as Warrant 9 but with.110avier traffic volumes focused during an even shorter period. " The list of potential locations was prioritized based on the number of warrants satisfied,with relative significance assigned to each. The process will help to ensure that the funds allocated are directed to locations where the greatest community benefit can be derived. As a result of this analysis, the highest priority locations on the Traffic Signal Installation Priority List (Attachment# 2) are; 1. Ellis Avenue at Delaware Street 2. Beach Boulevard at Taylor Drive During the 2002 process of approving the traffic signal priority list, the intersection of Beach Boulevard and Taylor Drive was specifically addressed. At that time, the City Council directed staff to initiate efforts with Caltrans to obtain approvals and funding to allow for the construction of the traffic signal at that location. Efforts to date have resulted in a rejection of the concept by Caltrans on the basis that the traffic signal is not needed. Staff is continuing to pursue this matter with Caltrans. In the 2002 analysis, the intersection satisfied the , CAR C A\2003\03-038 June 16 Stachelskl(Traffic Signal Priority Llst).doc 4- REQUEST FOR ACTION MEETING DATE: June 16, 2003 DEPARTMENT iD NUMBER: PW 03-038 Accident Warrant. However, over the past year the accident pattern has not been consistent and no longer satisfies this warrant. The Beach and Taylor intersection continues to meet the remaining warrants, and will remain as a high priority for the City. Public Works Commission Action: The Public Works Commission reviewed and approved this report on May 21, 2003, by a vote of 5-0-2 (Commissioners Gartland and Johnson were absent). Environmental Status: The traffic signal priority list is not subject to environmental review. The potential construction of traffic signals is categorically exempt under State of California Environmental Quality Act regulations. Attachment Us :- City ClerWs, • . . • Number No. Description 1 Intersection Evaluation Summary List 2 .2003/04 Traffic Signal Installation Priority List RCA Author: R. Stachelsktim k; (14) June 16,2003 -Council/Agency Minutes -Page 14 (City Council) Approved the Annual 2003-2004 Traffic Signal installation Priority List (580.10) Coupcil considered a communication from the Public Works Director informing Council that the Department of Public Works annually evaluates intersections for potential signalization. The evaluation procedures are complete and a new Traffic Signal Priority List has-been prepared. The City's proposed 2003-2004 budget will include recommendations for funds for two traffic signal installations from the Fair Share Traffic Impact Fee fund and the AQMD (Air Quality Management District) 2766 Subvention program. The staff report further sets forth that the following four locations are not included on the list due to current or planned construction of signals: 1. Palm Avenue/17" Street; 2. Heil Avenue/Graham Street; 3. Hamilton Avenue/Newland Street; and 4. Slater Avenue/Nichols Street. Attachment 2 is a list of 21 city street intersections by order of priority.) Traffic Engineer Robert Stachelski reported on a PowerPoint presentation titled 2002104 Tragic Signal PharityList-which was included in the agenda packet. There was considerable discussion between Council and staff concerning traffic signals. Traffic Engineer Stachelski stated studies document that traffic signals enable efficient traffic flow, improve air quality and decrease traffic noise. A motion was made by Houchen, second Boardman to approve as amended the 2003-04 Traffic Signal Installation Priority List to move the following on the Recommended 2003 Traffic Signal Priority List: 1).Beach at Taylor; 2)Adams at Ranger, 3) Beach at Seabridge/Memphis.; and 4) Ellis at Delaware. The motion carried by the following roll call vote: AYES: Sullivan, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: Coerper (City Council) Approved Introduction of Ordinance No.3610 Amending Chapter 3.36 of the Huntington Beach Municipal Code Re: the City's Utility Users Tax (UUT) to Reflect Recent Regulatory, Technological, and Economic Changes In the Utilities Industries (Southern California Edison,The Gas Company, and Time Warner Cable) (640.10) City Attorney Jennifer McGrath reported this is a clean-up ordinance. After Assistant City Clerk Liz Ehririg read by title;a motion was made by Green; second Cook to approve for introduction Ordinance No.361.0 - An Ordinance of the City of Huntington Beach Amending Chapter 3.36 of the Huntington Beach Municipal Code Regarding the Utilities Tax of the City of Huntington Beach.' 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