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Bids-Agnes Smith School Sidewalks - 2003-05-15 (2)
PLEASE COMPLETE THIS INSMATION /n1—600,'7p 1 C RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIlill1101111111111111111111111111111111111111111 1111lllllilllillllllll1 NO FEE 200400100650310:51am 11/09/04 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 a.00 0.00 C 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 Inspection Engineering Construction, Inc. who was the company thereon for doing the following work to -wit: SAFE ROUTES TO SCHOOL — 171" & PALM; CC-1210 That said work was completed September 30, 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 September 30, 2004, per City Council Resolution No. 2003-70 adopted October 6„ 2003. That upon said contract CBIC 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 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 Orange County. Dated at Huntington Beach, California, this November 2, 2004. 7 Director of Public Works o City Engineer City of Huntington Beach, California N� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) d-4.059•TITLE PAGE (R7/95) THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8316 9618 9026 696189 OWNER or Reputed Owner (on private work) 2 or PUBLIC AGENCY -(on public work) 714-960-8861 CITY OF HUNTINGTON BEACH ATTN: DOUG KATO 3000 MAIN ST HUNTINGTON BEACH CA 92648 CONSTRUCTION LENDER or Reputed Construction Lender, if any. NONE/BOND CO: FIRST NATIONAL INS CO OF AMERICA 4333 BROOKLYN AVE NE SEATTLE WA 98105 CALIFORNIA PRELIMINARY NOTICE H94101 YOU ARE HEREBY NOTIFIED THAT... WALTERS WHOLESALE ELECTRIC #22 7250 HOUSING STREET LIGHTING. DIV 13732 MILROY PL SANTA FE SPRINGS CA 90670 CORP OFFICE # (562) 98&3100 has furnished or will furnish labor, services, equipment or materials of the following general description: 25025 ELECTRICAL SUPPLIES for the building, structure or other work of improvement located at: "TRAFFIC SIGNALS" 17TH & PALM ST HUNTINGTON BEACH CA OB #1210 ORIGINAL CONTRACTOR or 03 Reputed Contractor, if any. 714-240-9272 An estimate of the total price of the.latwr,. services, INSPECTION ENGRG CONST equipment or materials furnished or to be fumished is: 2973 HARBOR BLVD #516 S 10,000.00 COSTA MESA CA 92626 SUB CONTRACTOR /person or firm who contracted for the purchase of such labor, services, equipment or materials is: 714-240-9272 INSPECTION ENGRG CONST 2973 HARBOR BLVD # 516 COSTA MESA CA 92626 Trust Funds to which Supplemental Fringe Benefits are payable: _ BY: OUl UL Ll A Y-1 Agent . Dated: 08t2. 1/2003 (Signature) (Title) 07/03/2003 R OTHER INFORMATION, if any. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OR YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200, San Diego CA 92123 (800) 854-2100. FAX (8513) 560.7626 - CC--1z16 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SECTIONA retention in accordance with the provisions of am a Citizen of the United States and a NOTICE the California Govern - TIfGSEALED BIDS for meat Code, Section Code, resident of the County aforesaid; I am t6SafeRoulatoShcool 4590. The Contractor shall be beneficial owner over the age of eighteen years, and not a��°' of the surety and shall receive any interest CASH CONTRACT No. 1210 thereon. party to or interested in the below entitled htthe CITY OF The AGENCY hereby matter. I am a principal clerk of the HUNTDiGTONBEAgI affirmatively ensures that minority business PUBLIC NOTICE IS enterprises will be HUNTINGTON BEACH INDEPENDENT HEREBY GIVEN that the 1 afforded full opportunity to bids in r CITY OF HUNTINGTON BEACH, al AGENCY, ; invites sealed bids for ' submit re - sponse to this notice and will not be dis- printed and published in the City of the above -stated I projects and will receive � against on the basis of race, color, the basis Huntington Beach, County of Orange, such bids in the office of the City Clerk. Second ` national origin, ancestry, sex, or religion in any Floor, 2000 Main Street, consideration leading to State of California, and that attached Huntington Beach, Cali- � ; the award of contract. fornia 92648, up to the No bid shall be con - Notice Is a true and complete copy as hour of 2:00 PM on May 23, 2003. Bids will sidered unless it is prepared on the ap- was printed and published in the be publicly opened in the Council Chambers unless proved Proposal forms in conformance with the Huntington Beach issue of said otherwise posted. Copies of the Plans. Instructions to Bidders. The bid must be Specifications, and accompanied by a cer- newspaper to wit the Issue(s) Of. contract documents are tified check, cashier's available from the Office check, or bidder's bond of the Director of Public made payable to the Works, 2000 Main AGENCY for an amount May 8, 2003 Street, Huntington no less than 10% of the Beach, CA 92648, upon amount bid. The suc- May 15 2 3 payment of a $30.00 nonrefundable fee if cessful bidder shall be licensed in accordance picked up, or payment with provisions of the May 2 2 2 3 of a $40.00 nonrefund- Business and Profes' able fee if mailed. stuns Code and shall Any contract entered possess a State Con - into pursuant to this tractor's License Class i notice will incorporate at the time of the bid the provisions of the opening. The successful State Labor Code. Pur- Contractor and his suant to the provisions subcontractors will be of the Labor Code of the required to possess State of California, the I business licenses from declare under penalty of perjury, that minimum prevailing rate for the AGENCY. The AGENCY reserves � f the foregoing is true and correct. of per diem wages each craft, classification the right to reject any or all bids, to waive any or type of workman needed to execute the irregularity and to take contract shall be those all bids under advise - determined by the ment for a maximum Executed on Director of Industrial period of 60 days. BY ORDER the CITY Ma �/, 2 00 3 Relations of the State of of at Costa Mesa, California. California, which are file at the Office of the I COUNCIL the CITY OF HUNTINGTON BEACH, Director of Public Works, CALIFORNIA, the 5th day 2000 Main Street, Hun Unglon Beach, CA 92648. I of May 2003. A»esf: Connie Brock - The AGENCY will de- way, CITY CLERK OF duct a 10 % retention THE CITY OF HUN- from all progress pay- The Contractor TINGTON BEACH Published Huntington Signature menls. j may substitute an es-' Beach Independent May r:row holder surely of 8.15,22,2003 052-919 equal value to the , CITY OF HUNTINGTON BEACHn.�...di�-I,. MEETING DATE: June 16, 2003 -Duwq DEPARTMENT ID NUM : PW 03-035 Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 16, 2003 Department ID Number: AV 03-035 CITY OF HUNTINGTON BEACH -_- REQUEST FOR COUNCIL ACTION -n P: SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �, q CD SUBMITTED BY: RAY SILVER, City Administrator �� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: AWARD SAFE ROUTES TO SCHOOL IMPROVEMENTS, CC-1210 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids for the Safe Routes to School Improvements, CC-1210, were received and opened publicly on March 23, 2003. Staff recommends award of the contract to Inspection Engineering Construction, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $264,000 are budgeted in the Safe Routes to School Grant, Account No. 87890001.82300, and Traffic Impact Fund Account No. 20685201.82300. Total project costs will be $31.9,000. Grant funds of $237,600 will be reimbursed upon completion of the project. Recommended Action: 1. Accept the lowest responsive and responsible bid submitted by Inspection Engineering Construction, Inc., in the amount of $229,474.00 for the Safe Routes to School Improvements, CC-1210; 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 re -advertise or abandon the project. This would jeopardize the grant funds for the project. G:\R C A\2003\03-035 June 16, Kato (Safe Routes to School).doc 5/29/2003 8:13 AM P-4 E- If REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER: PW 03-035 Analysis: In May 2001, the City submitted an application to Caltrans under the Safe Routes to School Program, requesting 90% funding for design and construction improvements associated with the Safe Routes to School Improvements Project. In November 2001, Caltrans approved the application and authorized grant funds in the amount of $237,000 for the project. The project's estimated cost for design and construction is $319,000. This cost includes signal equipment purchased directly by the City to insure compatibility with existing systems. The total project cost exceeds the engineer's estimate by $55,000. A City match of approximately 25%, up to $82,000 is required for the grant. When this project was presented to the City Council in May, the anticipated source of the matching funds was Measure M. However, the construction of the new traffic signal meets the expenditure criteria for Fair Share Traffic Impact Fee funds. Sufficient Traffic Impact funds are budgeted and will be used _for this project. The construction phase consists of street improvements at numerous. locations within the Agnes L. Smith Elementary School enrollment area. Improvements will consist of the installation of a traffic signal at 171h Street and Palm Avenue (including larger curb returns, curb and gutter, drainage improvements, and sidewalk), construction of curb ramps, installation of detectable warning surfaces to meet the requirements of the Americans with Disabilities Act, installation of new school crossing signs and upgrade of existing school crossing signs to fluorescent yellow green, and painting of crosswalks. Construction will be scheduled for the summer. The project plans and specifications are available for review in the Department of Public Works. On May 5, 2003, the City Council authorized the advertisement for bids, which were received on May 23, 2003. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount 1. Inspection Engineering Construction, Inc. $229,474.00 2. Nobest $286,007.00 3. Excel Paving $288,775.50 Staff completed the reference check for Inspection Engineering Construction, Inc. and received acceptable evaluations from past clients. Additionally, Inspection Engineering Construction, Inc. has performed similar jobs successfully for the City. Public Works Commission: The Public Works Commission reviewed and recommended approval of this project on April 16, 2003, by a vote of 6-0-1 (Commissioner Scheid was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Class 3, Section 15303. G:\R C A\2003\03-035 June 16, Kato (Safe Routes to School).doc 16- 5/30/2003 8:39 AM O- REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER: PW 03-035 hment(s): 1 Vicinity map 2 Project location map 3 Sample contract Kato:jm G:\R C A\2003\03-035 June 16, Kato (Safe Routes to School).doc -- 5/29/2003 8:13 AM 3 ATTACHMENT #1 PROJECT LOCATION M. Trafflc 0rawin9s1kfsc/Sm1th Vcmap. dwg CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING VICINITY MAP Fw ATTACHMENT #2 SCALE I- 8W' v vuv vv - U77CA ST n vz-r-n r--ir-n r--m-n r g ® INSTALLTRAFRC SIGNAL 0� 1 M: \Traffic Drawings\Sr2s\Project .Location Map.dwg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING PROJECT LOCATION MAP ATTACHMENT #3 /f/rS (!5�Cl6lha • FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 1 4 sP TloNt - � N��IzI N� CcNS''t?-uc--70N , I N� . FOR aWat�D - t F-og-c-15 T15 pr-CMQ-175 TABLE OF CONTENTS Pam 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 • 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, -ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 • FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 • • • TABLE OF CONTENTS, continued Paize No. 33. ATTORNEY' S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION, MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI -KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 18 • FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND --INsP-��'IoN - �1�(1���-i1�lb cG�sTt��T1C7N, 114c. FOR THIS AGREEMENT ("Agreement") made and entered into this 1�6 day of -4uPP 20 b3, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �NSGTIoN k6ll�l� �`1�G11bN a California _ Cag=PbRT1 bt�t , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as --AA/A F4> SAF-V� F-t*-XATPs Tom- -IM 9tgW WTSi � C IF-1 1^ IZ-10 in the City of Huntington Beach; and • CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of • agree/forms/federal 4-20 1 • 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; 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 agree/forms/federal 4-20 2 • 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 is between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public is Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 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 agree/forms/federal 4-20 3 i 111-6 NND�i� -rW1PKT1f N I N� _ 00 T, F---N F- Dollars- ($ ?.��, 414 ), 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 (R ) consecutive WCNIZIN& PAYS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental • to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR • agrees to make any and all changes, furnish materials and perform all work necessary within the scope agree/forms/federal 4-20 4 • 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement 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 Agreement price, including all change orders, to warrant such performance agree/forms/federal 4-20 5 • :7 • 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 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-FIVIr'NPro per day for each and every working day's delay in completing the work in excess of the number of agree/forms/federal 4-20 6 • working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY 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 is CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon CJ 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. agree/forms/federal 4-20 7 • 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 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/federal 4-20 8 J • 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 Agreement 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 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, agree/forms/federal 4-20 9 • 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 Agreement 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. 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. agree/forms/federal 4-20 10 • 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation 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 agree/forms/federal 4-20 11 • 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 indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form • which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which 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; agree/forms/federal 4-20 12 • 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all 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, 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 agree/forms/federal 4-20 13 • 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. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to • CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for • value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal 4-20 14 • 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. 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/forms/federal 4-20 15 • TO CITY: TO CONTRACTOR: .7 C] City of Huntingt n Beach f ATTN:..105414 PAL C 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS =T1oN -ININ6 CC'[[icN,1NC "T`CN�- Df1FI 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. agree/form s/federal 4-20 16 • 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 shall bear its own attorney's fees and 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 ISprovided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and • signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agree/forms/federal 4-20 17 • 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general • prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit is twenty-five dollars ($25) for each calendar day or portion thereof for each agree/forms/federal 4-20 18 • worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all • reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and • subsistence allowance is applicable to this PROJECT. agree/forms/federal 4-20 19 • 41 EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43, PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. • 44, FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance, As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for • each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/forms/federal 4-20 20 • with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as • supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/forms/federal 4-20 21 • To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the • Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for • transportation. agree/forms/federal 4-20 22 • 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating • that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. • D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq. ). agree/forms/federal 4-20 23 • 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, 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. 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. agree/forms/federal 4-20 24 • CONTRACTOR --Z•G•G,�� 2-91-6 A440/ .7/,I / srt Cds�- we-jou" 44 926a By: C/,� /�l�li �A, yl- PC,-( i Jam.,. j print name ITS: (circle one) ChairmicePresident AND By: Seue�a�� print n ITS: (circle one) creta Chief Financial Officer/Asst. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: APPROVED ASTOFORM: f , �%Mttorn� ' Secretary - Treasu r INITIATE AND APP ED• • REVIEWED AND APPROVED: • 6�?U City A tnistrator agree/forms/federal 4-20 25 -tor of Public Works F-A4, f ! ,/ it SECTION C • • PROPOSAL for the Safe Routes to School Improvement Project CASH CONTRACT No. CC-1210 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 r f PROJECT BID SCHEDULE HA1210\BID sCHEDA .s Item No Estimated °Quantity f rn :_ ,, Item With Unit Pace' Written ui Words x 4 Umt Pace > = , Extended Amount° 1 1 LS Mobilization @ $ $ Per LS 2 130 CY Unclassified Excavation Per CY 3 1 LS Construct cmp drains w/ PCC floors & junction boxes _ Per LS 4 110 LF Construct curb per City Std. Plan No. 201 @ $ o A $ Per LF 5 24 LF Construct curb & gutter per City Std. Plan No. 202 . . @ Per LF 6 321 SF Construct cross gutter per City Std. Plan No. 205 Per SF 7 1260 SF Construct sidewalk per City Std. Plan No. 207 Per SF 8 66 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C Per EA 9 1 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case E Per EA • • 0 C-ls PROJECT BID SCHEDULE HAMMED sCrEv.7as 10 50 EA Construct detectable warning surface Per EA 11 3 Ton Construct asphalt concrete Per Ton 12 7 Ton Construct agggregate base Per Ton 13 1 LS Install traffic signal @ 17th & Palm Per LS 14 1 LS Signing & striping Per LS 15 1 LS Traffic control plan Per LS 16 1 LS Survey monument preservation Per LS 17 1 LS Landscaping Per LS Total Amount Bid in Figures: $ Total Amount Bid in Words: Note: the City will provide certain signal equipment as indicated on the plans 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-1s n. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in . executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the • proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ��"� in the amount of $ O % 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 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach CA 92648 Tel. 714.536.5431 Fax 714.374.1573 ADDENDUM NUMBER ONE For SAFE ROUTES TO SCHOOL EVIPROVEMENT PROJECT CC- 1210 May 16, 2003 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. REVISIONS -TO THE SPECIFICATIONS: 1. Remove project bid schedule and replace with the attached project bid schedule. 2. Remove page E-25 of the specifications and replace with the attached page. REVISIONS TO THE PLANS: 1. Remove sheet number 2 of the plans and replace with the attached sheet. The Engineer's estimate reported to the job houses incorrectly included design costs. The correct estimate, taking into consideration the change in the number of trees to be removed and the addition of the relocation of the SCE pull box, is $176,800. This is to acknowledge receipt and review of Addendum Number one, dated May 16, 2003. � {�-� Company Name By ZI/a 3 Date All bidders must acknowledge the receipt of this Addendum and including it in your bid proposal. Should you have any questions regarding this Addendum, please call Doug Kato at 714.536.5214. Filename: GAConstruction Contracts (CCs)\addenduml.doc SECTION C • PROPOSAL for the Safe Routes to School Improvement Project CASH CONTRACT No. CC-1210 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 PROJECT BID SCHEDULE HA1210\BID SCHED.XLS ' Item .:: E di Extended . No Quantity Item With v :Vf .rke Written in Words : unwrikc Amount 1 1 LS Mobilization Per LS 2 130 CY Unclassified Excavation Per CY 3 1 EA Relocate pull box per SCE standards Per EA 4 1 LS Construct cmp drains w/ PCC floors & junction boxes @ $ 7-4190, $ Per LS 5 110 LF Construct curb per City Std. Plan No. 201 @ $ 30, - $ 3,3do,- Per LF 6 24 LF Construct curb & gutter per City Std. Plan No. 202 @ $ Goy- $ I� o1- Per LF 7 321 SF Construct cross gutter per City Std. Plan No. 205 @ $ 3,g Per SF 8 1260 SF Construct sidewalk per City Std. Plan No. 207 @ $ $ 6 Per SF 9 66 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C @ $ Per EA 10 1 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case E Per EA • • C-1s PROJECT BID SCHEDULE HA1210\13ID SCHED.)a S 11 50 EA Construct detectable warning surface Per EA 12 3 Ton . Construct asphalt concrete Per Ton 13 7 Ton Construct agggregate base Per Ton 14 1 LS Install traffic signal @ 17th & Palm SIT 6(6r- 4 5-1'1 6 ( c, Per LS 15 1 LS Signing & striping Per LS 16 1 LS Traffic control plan @ $ Jko, $ I O© Per LS 17 1 LS Survey monument preservation Per LS 18 1 LS Landscaping @ $13,Zwo $ fl Per LS Total Amount Bid in Figures: $ Total Amount Bid in Words: ,v. Al,,, Note: the City will provide certain signal equipment as indicated on the plans 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-1s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the • proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �� �'"`� in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). " Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si re C7 • C-2 LIST OF SUBCONTRACTORS • In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. • Portion of Work Name and Address of Subcontractor State License Number Class // 14 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.Tli9"t 'the AGENCY will be furnished copies of all subcontracts entered into and bonds f ffi ished.,by.isubcoritractor for this project. C-3 NONCOLLUSION AFFIDAVIT 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 of e:s, L^,- 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. • = 1 tom. C , I'ir L Name of Bidder Signature of Bidder Address of Bidder Ct4 e/ 76 Subscribed and sworn to before me this 2 � day of MOKA , 200 CCRALEE PRETTMMAN D COMM. #1369892 �+ NOTARY PUBLIC•CALIFO Q ORANGE COUNTY RNIA My Comm, 6zp. AupuK 13, 2008 � 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 Safe Routes to School Improvement Project (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, • and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. C Contractor By Title • 67— L3 �? Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty • of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®'No If the answer is yes, explain the circumstances in the space provided. • Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the • Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE • Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: S 2?[1D3 • Contractor By Alo-lillij Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) • No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: S �3 0,7 • c. C- , 'Z F.-Ic-s' J.,-/ 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: 0 Bidder Name 2T�3 1104-44- p/V✓ � -5-76 Business Address e5p'1 a` er-� 9744( City, State Zip Telephone Nuffiber . ��' �-flit;` • � •� �.• _ 3 �, y State Contractor's License No. and Class 8 64-4 ( 9a Original Date Issued 413 o TO Of - Expiration Date The work site was inspected by C4U 4�-- of our office on S—�J1 ° , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: 10Zn , 641- • C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name ` Signature of Bidder / a p 4T Printed or Typed Signature Subscribed and sworn to before me this 21 day of L14 ,200 NOTARY PUBLIC NOTARY SEAL CORALEE PREMMANJo COMM. #1369892 NOTARY PUBLIC-CALIFORNIA Q P - ORANGE COUNTY ., 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: E-1 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed • 0 C-10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION • 308-1 GENERAL. Replacement trees and palms for trees and palms removed per plans are as follows: 1. Provide 24 —15 gallon sized Brahea edulis (Guadalupe Fan Palms). Deliver to the Park Tree and Landscape yard only. Planting will be by others. 2. Provide and Plant 2 — 24" boxed Geijera parviflora (Australian Willow) per City standards and details in the planting area on the north corner of the intersection. Trim remaining Eucalyptus trees on the north corner per ANSI 300 Standards and per the direction of the City of Huntington Beach Landscape Architect (Charles Davis) and the Tree Supervisor (Jim Conklin) from Park Tree and Landscape division. Contact Davis or Conklin two working days in advance of delivery to arrange inspection of the plant material. Remove the concrete adjacent to the existing Eucalyptus on the east corner to the extent indicated on the Engineering drawings to expose the root structure. Determine the location of the signal pole to be installed and hand dig the footing to the first three feet (36") by hand to locate any roots. Do not cut, remove or injure any tree roots discovered. Notify Charles Davis and Jim Conklin at 714.536.5480 prior to and after excavation. The remaining excavation will be allowed to continue only after direction from the Landscape Architect and the Tree Supervisor. This Eucalyptus tree may be required to be trimmed as described above to allow visibility of the signal head. Direction to trim will come from the Engineering inspector. Direction on how to • trim will come from the Tree Supervisor. n LJ 308-8 PAYMENT. Payment for landscaping shall be based on the lump sum price as set forth in the bid. Such price shall constitute full compensation for purchasing and providing Austrailian Willow and Guadalupe Fan Palms, concrete removal, hand digging, excavation, tree removal, tree trimming, and coordination with the Park, Tree, and Landscape division. E-25 e ' r ��a ik Y oy .� .,.yt .. '• •.c '-' H.,�" ++';�"y 1� y;1r :'v'�j� �lC •'re•.hv � vL�'V . • 1rA..' `Y �::._r1i '�1-�" l'i ��`"'\ti'" .+. 'r� �.r- ...�v v.i;.-y 1. ,_i •.:L.,,. ..:y •i.,.. ..:N,�•��, -i. �L �1�,j� ``t � 1 RECEIVED BY: CITY CLERK RECEIPT COPY ---��--' / Return DUPLICATE to •�11M ��y I A/\ '"; { Jeffrey pg4esi(ext 26e) (Name) f % % , R.• ( " •,�6�after's'ignin&ating� (Date) I. e CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATT Jim-Sleboojjari, Beputy-Gity-T-reasw;ea— FROM: bwjem �, )a V i o r DATE: O 1! 15 - D 1 ' 11 .SUBJECT: Bond Acceptance n I have received the bonds for • (Company Name) Faithful Performance Bond No. C E 01�14 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. QAy Me rit fond �o . CE65�1 Re: Tract No. ' CC No. 12- MSC No. I � " �� l }1 "�•.. Approved lJI 6 ' Ili .63 J Agenda Item No. (Council Approval Date) "City Clerk Vault No. '0oo lI} v g1jah/bondletter.doc PC,��N N7 �i�ii.!✓J CONTRACTOR SHALL BE RESPONSIBLE FOR. INCLUDING ANY ADDITIONAL PREMIUMS IN THEIR BILLINGS FOR ANY ADDITIONAL FORK OR CHANGE. ORDERS. PREMIUMS WILL BE . ADJUSTED UPON COMPLETION OF WORK BASED ON FINAL CONTRACT PRICE. BONDS AW For the CB/C branch nearest you, call toll free: Performance Bond (888) 283-2242 /NSURANCE (888) 293-2242 FAX ED(ECIFi'ED IN TRIPLICATE Bond Number: CE0541 Premium: $1,872.00 KNOW ALL BY THESE PRESENTS, That we, Inspection Enaineering Construction. Inc. called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation, called the Surety, are held and firmly bound unto City of Huntington Beach called the Obligee, in the sum of Twn HiindrPd TWPnty Nine Thnimand Frn,r Hi ndrPel Dollars ($ 229-474.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated .luny 1 A gong , for Safe Routes To School Improvements Contract Number 1210 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall perform the construction work to be done under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Whenever Principal shall be, and be declared by Obligee to be in default for failing to perform the construction work under the Contract, the Obligee having performed Obligee's obligations thereunder, Surety shall within a reasonable time: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the construction work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the construction work to be done under the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform and complete, arrange for completion, or obtain a new contractor. 4. The Contract balance, as defined below, shall be credited against the reasonable cost of completing the construction work to be performed under the Contract. If completed by the Obligee pursuant to paragraphs 2 or 3 above, and the reasonable cost exceeds the Contract balance, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the construction work to be done under the Contract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent that the Surety's outlays exceed the Contract balance paid to Surety by Obligee, the Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and the Surety's aggregate fiability shall not exceed the penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to the Principal under the Contract. The term "construction work" as used herein shall mean the providing by the Principal of all labor and/or material necessary to complete the Principal's scope of work under the Contract. Notwithstanding , any language in the Contract to the contrary, the Surety shall not be liable to the Obligee for obligations of the Principal that are unrelated to the performance of the construction work under the Contract, and the Contract balance shall not be reduced or set off on account of any such unrelated obligations, nor for any related obligations that would not be covered under this bond. Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the work, or (b) one year after the Principal ceased performing the construction work under the Contract. If this bond is provided to comply with public works bond statutes in the location where the construction work is being performed, and the public works bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 6. No suitor action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. PROVED AS TO FORM:- �IJINNIFER ��—� 9113103 McGRATH, CityAttomey i 7. This bond shall not be liable for any liability of the Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for the use of any person other than the named Obligee. 8. If this bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed and sealed this 25th day of July , 2003 J.Mection EngineerinaConstruction. Inc. (Principal's name) By. Its: CONTRACTORS BONDING AND INSURANCE COMPANY By: l/ Vickie Spenc4Attomey-in-fact ALL-PURPOSE ACKNOWLEDGMENT State of _ County of On CALIMRNIA • • eia 7/25/03 before me MAUREEN SACCIO, NOTARY PUBLIC Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared VICKIE SPENCE Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and -- -�•� acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their M.AUREEN SACCIO signature(s) on the instrument the person(s), or the entity on Commission a&i353050 z behalf of which the person(s) acted, executed the instrument. Notary Public- Califamia z Orange County My Comm. ExpiresAX23,2006 WITNESS my hand and official seal, OPTIONAL. Though the information requested 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(s) ❑ Corporate Officer(s) Title(s) ❑ Partner(s) ❑ Limited ❑ General IN Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) CONTRACTORS BONDING AND INSURANCE CCMPANY 2 7/25/03 Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above MscALPA.02-CA060194 s Home Office: Street c is Seat Valley 98109 PO Box 9271 Limited Power of Attorney Seattle, WA 98309-0271 INSLIXAvCE (206) 628-7200 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, ling County, Washington, does by these presents make, constitute and appoint VICKIE SPENCE, of Huntington Beach, California its true and lawful Attomey-in- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no Aftomey-in-Fact shall be autforized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Attomey-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6,000,000; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on September 8, 1998: RESOLVED that the President of the Company is authorized to appoint any person as the Company's true and lawful Attomey-in-Fact with power and authority to execute and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shall be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000. and provided, further, that no Attomey-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10.000,000. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolution in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: Donald Sirkin, Steven A. Gaines, John Pieprzny, John D. Minto, Larry A. Byers, Julie A. Schaller, Wm. Blair Meixell, Maureen Sacchio, and Yolanda Urutia. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Attomey-in-Fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 25th day of June, 2003. 2518198..-- ••• ra1G AND • ••• CONTRACTORS BONDING AND INSURANCE COMPANY •'�• 0 �'�pO �% Zt$i �SEAL�� By: Steven A. Gaines, President �i��•••h�u�„"„• _J••••••�� STATE OF WASHINGTON--COUNTY OF KING ( , On this 25th day of June, 2003, personally appeared STEVEN A GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the he and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. 'ry . HUpS41 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. %per�Ssr�iVt�'�ti �f ;0 NpTARy mi i j • U �1�'i i Notary Public in and for the Slate of ton, residing at Seattle tr�W The undersigned, acting under authority the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and effect GIVEN under my hand at IRVINE/ C this 25TH day of JULY , 20 03 PoaVS01.03-US06250 BONDS 9 EBRAM Payment Bond (Public Work) INSURANCE jOV4 - e&A ev, For the CBIC branch nearest you, call toll free: (888) 283-2242 (888) 293-2242 FAX Bond Number: CE0541 Premium: Incl. in Perf. Bond EXECUTED IN TRIPLICATE KNOW ALL BY THESE PRESENTS, That we, Inspection Engineering Construction. Inc. , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation, called the Surety, are held and firmly bound unto Qty of Huntington Beach , called the Obligee, in the sum of Two Hundred Twenty Nine Thousand Four Hundred Seventv Four and no/100 Dollars ($ 229,474.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated .Ir ine 16, 2003 , for Safe Routes To School Improvements Contract Number 1210 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material used, consumed or incorporated in the performance of the construction work to be performed under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: 1, A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct subcontractor of the Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. The above -named Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which the Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 5. If this bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed and sealed this 25th day of Jul" , 2003 _ . , CONTRACTORS BONDING AND INSURANCE COMPANY Vickie Sp nce .Attorney-�n�fact APPROVY AS TO FORM: J NN ER McGRATH City CityHomey ALL-PURPOSE ACKNOWLEDGMENT State of CUIFORNIA County of ORANGE On 7/25/03 Date personally appeared before me, MAURE N SACCIO, NOTARY PUBLIC Name, Title of Officer — e.g. "Jane Doe, Notary Public" VICKIE SPENCE Name(s) of Signer(s) [� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their MAUREEPI SAGClO signature(s) nature(s) on the instrument the person(s), or the entity on Commission # 1353050 g P ty Notary f'uh);z . Califomia behalf of which the person(s) acted, executed the instrument. orange County my My m,Ex�iro,A�r23,zaos WITNESS my hand and official�eal, w Signature of Notary OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual(s) ❑ Corporate Officer(s) Title(s) ❑ Partner(s) ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) CONTRACTORS BONDING AND INSURANCE CUMPAM DESCRIPTION OF ATTACHED DOCUMENT BOND Title or Type of Document 1 7/25/03 Number of Pages Date of Document Signer(s) Other than Named Above MscALPA.02-CA060194 Home Office: Awhifis Valley Street PO Box 9271 Limited Power of Attorney Seattle, WA 98109-0271 Seat IN5URA^JCE (206) 628-7200 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint VICKIE SPENCE, of Huntington Beach, California, its true and lawful Attomey-in- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no Attorney -in -Fact shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of E6,D00,000, and provided, further, that no Attomey4n-Fact shall have the authority to issue a bid or proposal band for any project where, if a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6.000,000: and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the sad Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on September 8,1998- RESOLVED that the President of the Company is authorized to appoint any person as the Company's true and lawful Attomey-in-Fact with power and authority to execute and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shall be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attomey-in-Fxt shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolution in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to ffre authenticity and effectiveness of the foregoing resolutions as ff signed by the Secretary of the Company Donald Sirkin, Steven A. Ganes. John Pieprzny, John D. Minto. Lamy A Byers, Julie A. Schaller, Wm. Blair Meixell, Maureen Sacchio, and Yolanda Umutia. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President. Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seats appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile, and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Attomey-in-Fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate sea to be hereto affixed this 25th day ofJune,2003. _.auuurrq,_ AW CONTRACTORS BONDING AND INSURANCE COMPANY ,�`y O 0 t C.t t�,s :=SEAL=g Steven A. Ganes, President STATE OF WASHINGTON—COUNTY OF KING ••///// Sn�Nn� x" ,,,,, On this 25th day of June, 2003. personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. HU 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written_ = O��•`y5t�%V'' •. E'jrrrr 04:s'sr i . o? OOTARY PZZI + i i Notary Public in and for the State of gton. residing at Seattle 1,`` W The undersigned, acting under authority the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and effect GIVEN under my hand at IRVIWI / CA , this 25TH day of J UL Y 2003 Company Profile Page 1 of 2 Company Profile InsuranLe CONTRACTORS BONDING AND INSURANCE COMPANY P O BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND Effective Date: 12-31-1992 INSURANCE COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ss a. AUTOMOBILE BURGLARY FIRE http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_E... 8/8/2003 j, if Company Profile Page 2 of 2 LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information fil ,6 Company Enforcement Action Documents �*Company Performance & Comparison Data R— Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating_ Organizations Last Revised - July 10, 2003 05:26 PM Copyright ' California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_E... 8/8/2003 VS --7 �R- CERTIFICATE OF ABILITY INSURANCE DsE(19D os PRODUCER GG, �1 `� O► Auto Commercial Insurance Agency 3848 Campus Drive Suite 102 �000 tQ p , � �� Sj Newport Beach, CA 92660.�•�-�++' �% 949 263-9933 C� U THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSPECTION ENGINEERING CONSTRUCTION, INC. 2973 HARBOR BLVD . # 516 COSTA MESA, CA 92626 714 240-9272 INSURER A: WESTERN HERITAGE INS. CO INSURER B: 1 INSURER C: INSURER D: INSURER E: CAVFRALSFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR i eRo TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE Cl OCCUR PREMISES (Ea occurence) $ 50,000 MED EXP(Any one person) $ 1 000 A X SCP0475194 8/8/03 8/8/04 PERSONAL B ADV INJURY $ 1 000,000 3CX_,C,U INCLUDED GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 X POLICY JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) S BODILY person) (Per person)HIREDAUTOS S ALL OWNED AUTOS SCHEDULED AUTOS AP ROVED T F RM41�, fiN IFER MoC3�A ,City AttomeY BODILY INJURYNON-OWNEDAUTOS (Paraccldent) $ PROPERTY DAMAGE (Peraccldent) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC S ANYAUTO S AUTOONLY: AGG EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CICLAIMSMADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATIONAND OT WCSTATU- H- TORYLIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEIVEXECUTIVE E.L. DISEASE - EA EMPLOYEE S OFFICEFUMEMBER EXCLUDED? Ilyes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSUREDS, THE CITY, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, AGENTS, AND VOLUNTEERS FOR PROJECT: CC 1210 ON 17TH STREET AND PALM AVENUE GtKIII-IGAlt HULUtK L.FUnIt CLLAI IVPI CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, s�aR6ec+Kw:I�� AUTHORIZED REPRESENTATIVE Arnon-icrJnn4/n2i ACORD CORPORATION 1988 POLICY NUMBER: SCP0475194 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, IT OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS. ANY OTHER INSURANCE APPLICABLE TO PROJECT SHALL BE DEEMED EXCESS COVERAGE AND THIS POLICY SHALL BE PRIMARY OVER OTHER COVERAGE IN FORCE. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section In is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1093 Copyright Insurance Services Office, Inc. 1984 —' 9-0 3 Page 1 of 1 Policy Number: Date Entered: 1/3/2003 A ORD. CERTIFICATE OF LIABILITY INSURANCE 8/18MIDD/03 8/18/2003 PRODUCER a a i s nsurance, nc. 791 S. BROOKHURST ST. ANAHEIM, CA 92804 (714)956-2222 970736a 456 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSPECTION ENGINEERING CONSTRUCTION INC. 2973 HARBOR BLVD. # 516 COSTA MESA, CA 92626 INSURERA:PROGRESSIVE INSURANCE GROUP INSURERB:STATE FUND INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L W= TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDrffl POLICY EXPIRATION DATE IMMIDD/YYI LIMITS _LTR_ GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ CLAIMS MADE ® OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I 1, 000, 000. 00 A ANY AUTO (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 01935367-0 5/26/2003 11/26/2003 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AP OVED TO FORM: AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY 10MIFER GRATH, City O EACH OCCURRENCE $ OCCUR 71 CLAIMS MADE AGGREGATE $ is $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATUS LIMITS OTH- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 1713688-2002 12/24/2002 12/24/2003 _TQRY E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE 1,000,000.00 $ $ 1,000,000.00 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1, $' OTHER A RENTED EQUIPMENT 01935367-0 5/26/2003 11/26/2003 COMP.DED.1000 79,995.00 COLL.DED.1000 79,995.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSURED, THE CITY, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, AGENTS AND VOLINTEERS PROJECT: CC1210 ON 17TH ST. AND PALM AVE CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL4;999PPFO MAIL 30 DAYS WRITTEN 2000 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HUNTINGTON BEACH,CA 92648 *vggppp AUTHORQED RE E ACORD 26 (2001/08) `'� © ACORD CORPORATION 1988 V'• o` .�-]�7b 1J•gV r•R� 1 \.rat_ �!•.• �.r•�..v �. - _... .-� ... ..._. I � ., t/,• ILL . • � � . Additional Insured - Owners, Lessees or Contractors (Form 8) C G 20 10 11-85 POLICY AMMENDMENT FOR AUTO LIABILITY :urzco: INSPECTION ENGINEERING POLICY -JUr15ER. 01935367-0 CONSTRUCTION INC. OOUCER DALATI!'S_ INSURANCE AGENCY ]CF,>rCTI�'E n TF: 05/26/2003 SCYEDULE .rne Of Person Or Organization: CITY OF HUNTINGTON BEACH = ITS AGENTS, OFFICERS ANO EMPLOYEiSd_- �. O. COX ,190 4 "� HUNTINGTQN BEACH, CA 92548 k� NO ENT RY APPEARS AE3OVE, INFORMATICN REQUIRED TO CO%MFLETC THIS ENDORSEMENT W!lt_ BE -:OVIN IN THE OECLARATIO`!S AS APPL!CASLE TO THIS :NDOP.SEMENT.) HO IS AN INSURED (Section I!) is amended to ih- liability arising -out or your work for that insured by :ude as an insured the person or organization or ;or you. :C%vn in the Schedule• but only with respect lb PROGRESSIVE INSURANCE GROUP PRIMARY 1N3URANCEr ENCORGE -E It is agreed ;hat such insurance is afforded by this policy for,.tie benelit of INSPECTION ENGINEERING CONSTRUmary as_ Isle • _..__. u�;;► tJ2?,'--Iih�`subcontractoes c+pertions cr b still be pr'mary as respects any c1a:m••�cs.. c?'CafS��, � Y its independent contractors and any other'nsurance maintaired by,�Q above referes}ced addrt.0nal insureds' shall b2 non-contnbutory with Me insurance prov?deo herzuncer. 4 Jcb: _-C• 1210 ON 17th ST and Palm Ave. ;tv; Fprn m.5: a J :acne`•! :0 Cnan9e Er.der.cmtr.t -I'Pr ..v^t art' :`t 'W'GY 13 wr°Gen ONE OF *HE FIaEMAK•S FUNC IMSURAuCE CCM;;A?fl-.5 a_ MPO W ;, ,,,� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 10, 2003 Inspection Engineering Construction, Inc. 2973 Harbor Blvd. #516 Costa Mesa, CA 92626 Re: CC-1210 — Safe Routes to School Project Enclosed please find your original bid bond issued by Contractors Bonding and Insurance Company for CC1210. Connie Brock way, Cr .City Clerk CB:pe Enclosure g:/followup/cashcont/retumbidbond.doc procedure #13 (Telephone: 714536-5227 ) t For the CBIC branch BONDS ® nearest you, tall toll free: Fj i rob BID BOND fir, war (Public Work) OVSI�AfVCE Premium: n/a KNOWN ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERNG GONSTRUCTION. INC. .:as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee, in the sum of TEN PERCENT OF AMOUNT BID — Dollars (S 10% ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for SAFE ROUTE TO SCHOOL IMPROVEMENT PROJECT - SIGNAL MODIFICATION ("Pri�ect") NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with the Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void, otherwise the Principal and Surety will pay to the Obligee the difference between the amount of the Principal's bid and the amount for which the Obligee shall in good faith contract with another person -or entity to perform the wont covered by. the Principal's bid,_ but in no event shall the Surety's and Principal's liability exceed the penal sum of this bond. k Signed and sealed this 21 ST day of MAY , 2003 INSPECTION FNrINFFRINr, MNRTRUCTION ,1NC (Seal) al By. (74AW aL ,-AI C , CONTRACTORS BONDING AND INSURANCE COMPANY By. dQ- "M a U , 14YLC1/LQdQ-�1 Attorney -in -Fad TAMRA J. ANDREDE i �0�6 3 �o �✓� Q�4�v� 04�08/2803 15:39 17146937125 SOUTHERN AMERICAN PAGE 02/02 .CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.590� t— State- of TEXAS County of HARRIS On 1 -D3 before me; CHARLES ALBERT MCCLURE DATE NAM$ TRLE OF OFFICER • E.G. :LANE DOE. NOTARY PUBLIC personally appeared ► Q k1JAQGU NAME4810F SIONER(s) C�.personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which -the person(s) acted, executed the instrument. CHARLES ALSEW *C RE _ Notary Publ(c, sta�aTa WITNESS my hand and official seal. n���^►` My commt won EIQIMs �w,,,,,,; August 23, 2003 SIGNATIACOPNOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPOPATE OFFICER TITLE(S) PARTNER(S) ❑ . LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDUAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME Of MASON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT .1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. box 7184 • Canoga Park. CA 91309.718, Not Valid. After ... ki�cuted 0., .....After:% i of he Company uz poseq:�::.pz nd e 'er brtion f urt saf::.:.. b nd.. ta, ng POP entS X oatract be .....-Boaid q 77� 7 ---------- ....... ....... . .......... I the �shmgton, t 6,and:....effe and of Dire( F 0"0 s rea: wx;Ln -penal -sum an. excess or., vJ u-, uv.Vi uuu; -,..ana AA er Similar documents an_bbligee -bbli under a P p . a ..::Mhi. s appo . ritment Is made :under. wt:6. 0.. . t4 : the: Company ------- - --------- ------------------- .... ....... Certi frcate of Appointment and Resolutions of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certifv�that the President has ---appointed the Attorneys) -in -Fact identified on the front side of this power of attorney, under aricrrav the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President. Secretary or any Assistant Secretary, and any other employee as may be specificatly authorized be- a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys=iii-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove anv such attorney -in -fact or agent and revoke any pmyer of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or — 0i0 when duly executed and sealed (if a seal be required) by one or more attorneys -in - fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any, Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery- of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in. the power of attorney itself); and such signature and.seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys -in -fact remain in hill force and effect; that all forms of powers of attorney previously or in the future approved bx- the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 1st day of January, 1994... State of Washington Sttven A. Gaines. At County of King Ke%in L. Lybeck, Secretary On January 1st, 1994 before me, %Molly A. Hudspeth Notary Public, personally appeared Steven A. Gaines and Kevin L. Lybeck, personally known.to me to be the persons whose names are subscribed to the �%ithin instrument, and acknowl- edged to me all that then executed the same in their authorized capacities and that by their signatures the entity upon _�....� behalf of which they acted executed the instrument. P • H VO kq WITNESS my hand and official seal. ,'o NOTARy m01 . �. ' PUBLY0 i i Signature (seal) t/ `\ S{oll% A. Hudspeth, Notary Pubic City Person to contact Proiect Amount Complete Huntington Sudi Shoji. P.E Traffic Signal / $235,000 9/l/02 Beach (714)-536-5517 Street light CC1128 Huntington Joseph Dale Traffic Signal / $180,000 12/19/02 Beach (714)-536-5915 Street Improvement CC1171 Caltrans Bernard Alonzo. RE Traffic Signal/ $91,000 7/20702 (562)-865-4174 Street Light 07A 1203 Bell Carlos Alvorado Traffic Signal $27,000 l/l/03 (323)-588-6211 Eastern / Bandini Costa Mesa Thomas Banks, P. E. Traffic Signal $80,000 12/1/02 (714)-754-5222 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY. CITY CLERK September 11, 2003 Inspection Engineering Construction Inc. 2973 Harbor Blvd. # 516 Costa Mesa, CA 92626 Re: Safe Routes to School Project The City Council awarded the bid to your company for the above reference 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 oroiect 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 specifc 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, Connie Brockway, CMC City Clerk CB: jc Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followup\cashcont\cashcon-letter.doc (Telephone: 714536-6227) RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to jeffFey ) after signing/dating (Date) A CITY OF HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: Nwile, 6"10 r DATE: SUBJECT: Bond Acceptance I have received the bonds for G On , (Company Name Faithful Performance Bond No. C L n5�-} Labor and Material Bond No. Monument Bond No. Maintenance Bond No. E 654 I Re: Tract No. j CC No. MSC No. Approved Agenda Item No. L (Council Approval Date) �n City Clerk Vault .No. lOyll g:fjah/bondletter. doc For the CBIC branch eoivas i� nearest you, call toll free: Payment Bond (888) 293-2242 FAX (Public Work) INSURA/VCE Bond Number: CE0541 Premium: Incl. in Perf. Bond E}�=TED IN TRIPLICATE KNOW ALL BY THESE PRESENTS, That we, Inspection Engineering Construction. Inc. called the Principal, and CONTRACTORS BONDING_ AND INSURANCE COMPANY, a Washington corporation, called the Surety, are held and firmly bound unto Cif of Huntington Beach called the Obligee, in the sum of Two Hundred Twenty Nine Thousand Four Hundred Seventy Four and no/100 Dollars (S 229-474.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated ,June 16, 9003 , for Safe Routes To School Improvements Contract Number 1210 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material used, consumed or incorporated in the performance of the construction work to be performed under the Contract, then this obligation shall be void, otherwise to remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct subcontractor of the Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. The above -named Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were famished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing of its claim within ninety. (90) days from the date on which said. Claimant did or performed the last labor and/or materials for which the claim is made. The Obligee shall . not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which the Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the'district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 5.. If this bond is provided to comply with a statutory or otherlegal requirement for performing construction contracts for public owners in the location where the construction work is being performed, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed and sealed this 25th day of ji ay , 2003 Inspection Engineering Construction. Inc. By APPROVE AS TO FORM: = A3I03 ENNIFER McGRATH, City Attorney CONTRACTORS BONDING AND INSURANCE COMPANY By: l/ 1 Vickie S ence .Attorney -in -fact ALT` -PURPOSE ACKNOWLEDGMENT State of CALIFORNIT County of OR71GE On 7/25 _3 before me, MAURE N SACCIO, NMARY PUBeLIC Date Name, Title of officer - e.g. "Jane Doe, Notary Public" personally appeared VICKIE SPENCE Name(s) of Signet(s) (� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) __.---. whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ 7C�0mmission#13=50 SACCIO her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on c- California behalf of which the person(s) acted, executed the instrument. countymres Apr 23. 2A WITNESS my hand and official -seal, of OPTIONAL Though the information requested 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 ❑ Individual(s) DOCUMENT ❑ Corporate Officer(s) BOND Titles) Title or Type of Document ❑ Partner(s) ❑ Limited D General ® Attorney -in -Fact ❑ Trustee(s) ❑ . Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) CONTRACMRS BONDING AND INS Uh; COMPANY 1 Number of Pages 7/25/03 Date of Document Signer(s) Other than Named Above MscALPA.02-CA060194 camas o Home Officer 1311C PO B Valley Street-- -_-.: - — -- -- - PO Box 9271. Limited Power_of Attorney Seattle, WA 98109-0271 nvscmwee _ - (206) 628-7200-----__ KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the laws of the Stare of Washington, and having its principal office in Seattle, IOng County,: Washington, does by these presents make, constitute and appoint VICKIE SPENCE, of Huntington Beach, California, its true and lawful Attomey-in- Fact with full power and autlarity hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given far any purpose, provided, however, that no Attorney -tin -Fact shag be authorized to execute and deliver any band or undertaking that shall atigate the Company for any portion of the penal sum thereof - in excess of $6,000,000, and provided, further, that no Attomey4n-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking - would be required with a penal sum in excess of $6,000,000; and to bind the Company thereby as fully and to the same extent as if such bans were signed by the President sealed with the corporate seal of the Company and duty attested by its Secretary; hereby ratifying and confirming all that the said Attomey-in-Fact may do in the p emises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on September 8, 7M _ RESOLVED that the President of the Company is authorized to appoint any person as the Company's true and lawful Attomey4n-Fact with power and authority to execute -and -deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shall be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attomey4n-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded any bond or undertaking would be required with penal sum in excess of $10,000,000. — RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolution in any Limited Power of Attorney is — hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resotudonis as if signed by the Secretary of the Company: Donald Sirkin, Steven A. Gaines, John PKeprzny, John D. Minto, Lary A Byers, Julie A Schaller, Wm. Blair Meixeil, Maureen Sacchio, and ._ Yolanda Urutia - RESOLVED FURTHER that the signatures (Including certification that the Power of Attorney is still in force and effect) of the President Notary Public and person certifying — authenticity and effectiveness, and the corporate and Notary seals appearing an any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original n a0 aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Attomey4n-Fact for CONTRACTORS BONDING AND INSURANCE COMPANY — are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its Presideft. and its corporate. seal to be hereto affixed this 25th day of June, 2003: ,. 1\%&& 4� — — CONTRACTORS BONDING AND INSURANCE COMPANY t 0 ti '• C'SEAI,jg Steven A Gaines, President s�•y �r ,�` 1 ��� - _ -.. STATE OF WASHINGTON—COUNTY OF KING ,,,•��9Sh� Nrt�"' ',,, On this 25th day of June, 2003, personally appeared STEVEN A GAINES, to me known m be the President of the corporation that executed txt foregoing Limited Power of Attorney and _acknowledged said Limited Power at Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized re execute the said = Limited Power of Attorney. -r7 ',. Huq% IN WITNESS WHEREOF, I have hereunto set my had and affixed my official seal the day and year first above written. : O��sShoiV•Lc•�.,t�`�yr�, - �d?NOTARY i 'rrr'i�••••., 1.g-Q5 •' • . r Notary Public in and for the State of glom; residing at Seattle ��►e�W- - ��.... The undersigned, acting under autha ' the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, herety certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Pow cf Atomey issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and effect GIVEN under my hand at IRVI S r C this 257H day of JULY 2003 PoaVS01. US062503 CONTRACTOR SHALL BE -RESPONSIBLE FOR INCLUDING ANY ADDITIONAL PREMIUMS IN THEIR BILLINGS FOR ANY ADDITIONAL WORK OR CHANGE ORDERS. PREMIUMS WILL BE . ADJUSTED UPON COMPLETION OF WORK BASED ON FINAL CONTRACT PRICE. BONGS th fu For the CBIC branch nearest you, call toll free: Performance Bond (888) 293-2242 FAX WSURAAIGE EXECLJTED IN TRIPLICATE Bond Number: CE0541 Premium: $1,872.00 KNOW ALL BY THESE PRESENTS, That we, Inspection Engineering Construction. Inc. called the .Principal,. and. CONTRACTORS BONDING .AND .INSURANCE COMPANY, a Washington . . corporation, called the Surety, are held and firmly,bound unto City of Huntington Beach called the Obligee, in the sum of Twn Hi ndrad Twanly Nina Thnusand Fniir HiindrM Sevenly Four and no/100 Dollars ($229,474.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated . h ne 1 B, 200. , for Safe Routes To School Improvements Contract Number 1210 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall perform the construction work to be done under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Whenever Principal shall be, and be declared by Obligee to be in default for failing to perform the construction work under the Contract, the Obligee having performed Obligee's obligations thereunder, Surety shall within a reasonable time: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the construction work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the construction work to be done under the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor, to be secured with performance and payment bonds executed by a . sure ty; or. - qualified „ . . 3. Waive its right to perform and complete, arrange for completion, or obtain a new contractor. 4. The Contract balance, as defined below, shall be credited against the reasonable cost of completing the construction work to be performed under the Contract. If completed by the Obligee pursuant to paragraphs 2 or 3 above, and the reasonable cost exceeds the Contract balance, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the construction work to be done under the Contract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent that the Surety's outlays exceed the Contract balance paid to Surety by Obligee, the Surety shall be entitled, to a dollar for dollar reduction of its liability under this bond, and the Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to the Principal under the Contract. The term "construction work" as used herein shall mean the providing by the Principal of all labor and/or material necessary to complete the Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Surety shall not be liable to the Obligee for obligations of the Principal that are unrelated to the performance of the. construction work under the Contract, and the Contract balance shall not be reduced. or set off on account of any such unrelated obligations, nor for any related obligations that would not be covered under this bond. 5. Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the work, or .(b) one year after the Principal ceased performing the construction work under the Contract. If this bond is provided to comply with public works bond statutes in the location where the construction work is being performed, and the public works bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. AppROVED F RM; / q 2 41) JEI�1VIFER MMCGRATH, City Attorney 7. This bond shall not be liable for any liability of the Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for the use of any person other than the named Obligee. 8. If this bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed, all provisions in the bond which are in addition to or differ from those statutory or. legal requirements shall be read out of this bond, and all pertinent statutes Arid other legal requirements shall be read into the bond.. . . Signed and sealed this 25th day of July , 2003 Inspection Engineering Construction. Inc. CONTRACTORS BONDING AND (Principal's name) INSURANCE COMPANY By: �u f% �i' By: D ' Vickie pence,Attomey-in-fact Its: f �`0'f 1,Az"4 ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 7/25/03 before me, MAUREEN SACCIO, NOTARY PUBLIC , Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared VICKIE SPENCE , Name(s) of Signer(s) f� 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 MAUREEN SACCIO I signature(s) on the instrument the person(s), or the entity on Commission # 1353050 Z behalf of which the person(s) acted, executed the instrument. z �, Notary Public-Cal)4oraie Orange County MyCown.ExpiresApr 23,2006 WITNESS my hand and official seal, of Notary OPTIONAL Though the information requested 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(s) ❑ Corporate Officer(s) Title(s) ❑ Partner(s) ❑ Limited El General ® Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: Name of persons or entity(ies) CONTRACTORS BONDING AND INSURANCE CCMPANY Title or Type of Document Fj Number of Pages 7/25/03. Date of Document Signer(s) Other than Named Above MscALPA.02-CA060194 �� � Mr- dome Office: _ c ,e tValley, Street: . PO Box 9271 Limited Power of Attorney Seateat tle, WA 98109-0271,. rnvsuswca (206) 628-7200 ' KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the laws of the State of Washington, and having its principal office in Seattle, Kng County, Washington, does by these presents make, -constitute and appoint VICKIE SPENCE, of Huntington Beach, California, its we and lawful Attomey-in Fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deriver an behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no Attomey-in-Fad shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Atbmey-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6,000,000; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duty attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fad may do in the premises. Said appointment is made under and by authority of the. foilowing resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY an September 8.1998: - - RESOLVED that the Resident of the Company is authorized to appoint any person as the Company's true and lawful Attorney -in -Fad with power and authority to execute and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shag be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000. and provided, further, that no Attomey-in-Fact shall have the authority to issue a laid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal stun in excess of $10,000,000. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolution in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as I signed by the Secretary of the Company: Donald Sirkin, Steven A. Gaines, John Pieprzny, John D. Minto, Larry A Byers, Julie A. Schaller, Wm. Blair Meixell, Maureen Sacchio, and Yolanda Urrutia. RESOLVED FURTHER that the signatures (mcludi g certification that the Power of Attorney is still in face and effect) of the President Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney its& and its transmission, may be by facsimile; and such Limited Power of Attorney shaft be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Attorney -in -Fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its. President and its corporate seat to be hereto affixed this 25th.day. ofJune, 2003. 0_AND • CONTRACTORS BONDING AND INSURANCE COMPANY Aae'�OR9'•s By- :Y Steven A. Gaines, President •. .«.�•_� STATE OF WASHINGTON--COUNTY OF KING •••••••9SN�wau��`��,,,,,' On this 25th day of June, 2003, personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing limited Power of Attomey and acknowledged said Limited Power of Attorney to be the free and vohmtary ad and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said ...�� Limited Power of Attorney. -:-�7 f+.HUQ&%% IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. %0��gSr�N' Fjyel t TARV - -- r Notary Public in and for the State of gton, residing at Seattle `....: The undersigned, acting under au8wriWthe Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney is still in t me and effect GIVEN under my hand at IJZZIlEr CA� 'this 291H - day of JULY , 20 03 PoaVS01.03-US0625 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AWARD THE SAFE ROUTES TO SCHOOL IMPROVEMENTS; CC-1210 COUNCIL MEETING DATE: 6/16/03 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 Attome) Not Applicable. 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 FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial [City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Kato REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER: PW 03-035 Analysis: 1n_ May 2001, the City submitted an application. to Caltrans under the Safe Routes to School Program, requesting 90%..funding for design and. construction . improvements associated with the Safe Routes to School Improvements Project. In November 2001, Caltrans approved the application and authorized grant funds in the amount of $237,000 for the project. The project's estimated cost for design and construction is $319,000. This cost includes signal equipment purchased directly by the City to insure compatibility with existing . systems. The total project cost exceeds the engineer's estimate by $55,000. A City match of approximately 25%,-up to $82,000 is required for the grant. When this project was presented to the City Council in May, the anticipated source of the matching funds was Measure M. However, the construction of the new traffic signal meets the expenditure criteria for Fair Share Traffic Impact Fee funds. Sufficient Traffic Impact funds are budgeted and will be used for this project. The construction phase consists of street improvements at numerous locations within the Agnes L. Smith Elementary School enrollment area. Improvements will consist of the installation of a traffic signal at 17`h Street and Palm Avenue (including larger curb returns, curb and gutter, drainage improvements; and sidewalk), construction of curb. ramps, installation of detectable warning surfaces to meet the requirements of the Americans with Disabilities Act, installation of new school crossing signs and upgrade of existing school crossing signs to fluorescent yellow green, and painting of crosswalks. Construction will be scheduled for the summer. The project plans and specifications are available for review in the Department of Public Works. On May 5, 2003, the City Council authorized the advertisement for bids, which were received on May 23, 2003. Staff has reviewed the bids and they are summarized below in .order of increasing bid amounts: Bidding Contractor Bid Amount .1. Inspection Engineering Construction, Inc. $229,474,00 2. , Nobest' $286,007.00 3. Excel Paving $288,775.50 Staff completed the reference check for Inspection Engineering Construction, Inc. and received acceptable evaluations from past clients. Additionally, Inspection Engineering Construction, Inc. has performed similar jobs successfully for the City. Public Works Commission: The Public Works Commission reviewed and recommended approval of this project on April 16, 2003, by a vote of 6-0-1 (Commissioner Scheid was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Class 3, Section 15303. G:\R C A\2003\03-035 June 16, Kato (Safe Routes to School).doc 4 5/30/2003 8:39 AM yl CITY OF-HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney RLS No Assn To' ,Date Date: Request made by: Telephone: Department: 8/8/03 Robert A. Martinez x-5423 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 Attorney's Office receives the RLS. This re;jryewed and approved. Piature of partment Head Please check and approve the attached Federally Funded (original) Public Works construction contract between the City of Huntington Beach and Inspection Engineering Construction, Inc. for the Safe Routes To School Improvements, CC-1210. Attached are the following: 1. Original contract agreement, for approval and signature only 2. Performance Bond, # CE0541, two sets 3. Payment Bond, Bond # CE0541, two sets 4. Certificate of Insurance, one set 5. Certificate of Fact (Company profile) RECEIVED AUG 0 8 2003 City of Huntington Beach City Attorney's Office RI G fnrm R/RMOI 1.10 PKA • FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE J CITY OF HUNTINGTON BEACH P.O. Box 19012000 Main Street * Huntington Beach, CA 92648 HUNTINGTON BEACH Ph. (714) 536.5227 . Fax 714 374-1557: . Fax #: 949-646-5008 Date: -- a - Number of Pages(including cover page): 3 By: Al Deputy City Clerk To: INT RNET ADDRESS: www.surfcity hb.orq H.B. Independent Mike (Legals) Phone: 949-574-4251 *** HB INFOLINE: 714 374-4800 *** ❑ ❑ ❑ ❑ ❑ i Xv CVtJ 3 g:/forms/97forms/fax-hbi ndependent { 1 L 1 T � . 1 SECTION A h,1 /"'r h NOTICE INVITING SEALED BIDS for the Safe Routes to School Improvement Project CASH CONTRACT No.1210 in the CITY OF HUNTINGTON BEACH S—�S-off s—aa—o3 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 May 23, 2003. 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 5th day of May 2003 . Attest: Connie Brockway . CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 TRANSMISSION VERIFICATION REPORT TIME : 05/02/2003 12:59 DATE DIME 05/02 12:58 FAX NO./NAME 919496465008 DURATION 00:00:51 PAGE(S) 03 RESULT OK MODE STANDARD ECM Safe Routes to School Improvement Project, CC-1210 5/23/03 Bid results Bidder Bid IEC $229,474.00 Nobest $286,007.00 Pal , Inc $288,775.50 •J J City of Huntington Beach Public Works Department • 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY 2 Unclassified Excavation 3 Relocate pull box per SCE standards 4 Construct cmp drains w/ PCC floors & junction boxes 5 Construct curb per City Std. Plan No. 201 6 Construct curb & gutter per City Sid. Plan No. 202 7 Construct cross gutter per City Std. Plan No. 205 8 Construct sidewalk per City Std. Plan No. 207 9 Construct curb ramp per Caltrans STd. Plan No. A88A Case C 10 Construct curb ramp per Caltrans Std. Plan No. A88A Case E 11 Construct detectable warning surface 12 Construct asphalt concrete 13 Construct aggregate base 14 Install traffic signal 0 17th & Palm 15 Signing & Striping 16 Traffic control plan 17 Survey monument preservation 18 Landscaping 19 0 20 0 21 0 22 0 23 0 24 0 25 0 Project Name: SR2S11 Improvments @ Dwyer/Smith Bid Openning: May 23, 2003 @ 2:00 pm Engineer's Estimate: $o.00 Cash Contract # : 1210 Bidder 1 1 LS $3,000.00 $3,000.00 $10,000.00 130 C $96.00 $12,480.00 $100.00 1 $600.00 $600.00 $500.00 1 LS $2,400.00 $2,400.00 $25,000.00 110 LF $30.00 $3,300.00 $20.00 24 L $60.00 $1,440.00 $30.00 321 S $12.06 $3,852.00 $7.00 1260 SF $6.00 $7,560.00 $4.00 66 EAJ $1,200.00 $79,200.00 $1,500.00 1 EA $1,200.00 $1,200.00 $1,600.00 50 EA $360.00 $18,000.00 $650.00 3 Ton $144.00 $432.00 $400.00 7 Ton $120.00 $840.00 $300.00 1 LS $57,616.00 $57,616.00 $65,000.00 1 LS $16,554.00 $16,564.00 $14,000.00 1 Ls $1,800.00 $1,800.00 $2,000.00 1 Ls $6,000.00 $6,000.00 $2,000.00 1 LS $13,200.00 $13,200.00 $8,000.00 0 0 $0.00 $0.00 $0.00 0 0 $0.00 $0.00 $0.00 0 0 $0.00 $D.00 $0.00 0 0 $0.00 $0.00 $0.00 0 0 $0.00 $0.00 $0.00 0 0 $0.00 $0.00 $0.00 00 $0.00 $0.00 $0.00 Total Bid: $229,474.00 Excel Paving Company 4 BidderJ1 Bidder 3 Bidder $10,000.00 $4,500.00 $13,000.00 $63.00 $500.00 $560.00 $25,000.00 $15,000.00 $2,200.00 $28.00 $720.00 $40.00 $2,247.00 $11.50 $5,040.00 $6.25 $99,000.00 $1,700.00 $1,500.00 $1,700.00 $32,500.00 $800.00 $1,200.00 $500.00 $2,100.00 $17.00 $65,000.00 $61,000.00 $14,000.00 $15,000.00 $2,000.00 $1,700.00 $2,000.00 $1,700.00 $8,000.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $O.Do $0.00 $0.00 $0.00 $286,007.00 NNEEMM $4,500.00 $8,190.00 $560.00 $3,691.50 $7,876.00 $112,200.00 $1,700.00 $40,000.00 $1,500.00 $119.00 $61,000.00 $16,000.00 $1,700.00 $1,700.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $D.00 $0.00 $D.00 $0.00 $0.00 $D.00 $0.00 $0.00 $0.00 $D.00 $0.00 $D.00 $0.00 $D.00 $0.00 $0.00 $0.00 $D.00 $0.00 Page 1 Council/Agency Meeting Held: S%SZu3 . Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: May 5, 2003 Department ID Number: PW-03-028 CITY OF HUNTINGTON BEACH o c REQUEST FOR COUNCIL ACTION NJ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �= SUBMITTED BY: RAY SILVER, City Administrator a74-0 � D PREPARED BY: Robert F. Beardsley, Director of Public Works' SUBJECT: AUTHORIZE THE ADVERTISEMENT 6F SAFE ROUTES TO SCHOOL IMPROVEMENTS, CC-1210 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Safe Routes to School Improvements; CC-1210. Authorization to advertise the project is requested. Funding Source: Funds in the amount of $264,000 are budgeted in the Safe Routes to School Grant, Account No. 87890001.82300 (90%, or $237,600) and Measure..M Account No. 21385201.75300 (10%, or $26,400). The Engineer's estimate is $264,000. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request public bids for the construction of the Safe Routes to School Improvements, CC- 1210; and 2. Approve the attached sample contract subject to award of the contract to the lowest responsible/responsive bidder. Alternative Action(s): Deny the request to advertise this project for bid at this time, and provide staff with alternate direction. This would jeopardize the grant funds for the project. REQUEST FOR COUNCIL ACTION MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: PW-03-028 Analysis: In May 2001, the City submitted an application to Caltrans under the Safe Routes to School Program, requesting 90% funding for design and construction improvements associated with the Agnes L. Smith Elementary School Enrollment Area Improvements Project. In November 2001, Caltrans approved the application and authorized grant funds in the amount of $237,000 for the project. The project's estimated cost for design and construction is $264,000. Measure M will provide matching funds of $26,400. The construction phase consists of various types of street improvements at numerous locations within the Agnes L. Smith Elementary School enrollment area. Improvements will consist of the installation of a traffic signal at 17t" Street and Palm Avenue (including larger curb returns, curb and gutter, drainage improvements, and sidewalk), construction of curb ramps, installation of detectable warning surfaces to meet the requirements of the Americans with Disabilities Act (ADA), installation of new school crossing signs and upgrade of existing school crossing signs to fluorescent yellow green, and painting of crosswalks. Construction will be scheduled for the summer. Public Works Commission: The Public Works Commission reviewed and approved this project on April 16, 2003, by a unanimous vote of 6-0-1. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Class 3, Section 15303. Attachment(s): 1 Vicinity map 2 Project location map 3 Curb ramp plan 4 1 Signing and striping plan 5 1 Sample contract RCA Author: Kato GAR C A\2003\03-028 May 5 Kato (Safe Routes to School).doc 4/17/2003 5:12 PM -2= ATTACHMENT #1 sa BOLSA JAVE. -Tin - 1-: 1 Mc FADDEN EDINGER zuj Q—J�— N�o OCEAN - PROJECT LOCATION AVE. N I ~ I AVE. o a AVE. m z F AVE. w 405 TALBERT AVE. ELLIS JAVE. GARFIELD -' AVE. 0 in N N 0 a: F- 'r_ YORKTOWN AVE. 3 AD _ANTA �LLUJ 1-3 AVE. a: D AVE. x 0 0 0 a: Q AVE. —x D TOT AVE. M. Traffic Drawings/Misc/Smith Vlcmap.dwg CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING VICINITY MAP ATTACHMENT #2 SCALE Il- 800' m -N% 2 U77CA ST 0� Flo Fi� ffi 1 Gast. 0 um I solN SCHOOL � Ffl I�LJ oWMT "OR OOL Y Q D N J A a IINSTALL7RAFF7C SIGNAL M:\Traffic Drawings\Sr2s\Project Location Map.dwg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBUC WORKS TRAFFIC ENGINEERING PROJECT LOCATION MAP ATTACHMENT #3 SCALE 1 - 800' M: \Traffic ti 2 t- zn z L CONSTRUCT CURB RAMP PER CITY OF HUN77NGT7N BEACH STANDARD PLAN 212. INSTALL DETECTABLE WARNING SURFACE - CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING CURB RAMP PLAN ATTACHMENT #4 E ALM A VE. CONSTRUCTION NOTES 0 REM01/E EXISTING SIGN (2) REPAINT "SLOW SCHOOL XING" LEGEND © REPAINT YELLOW XWALK ® MECHANICALLY WIRE BRUSH SURFACE & INSTALL YELLOW THERMOPLASTIC XWALK PER SECT 84-2, CAL TRANS STD SPECS, LATEST EDITION, & HB STD PLAN 406. ©INSTALL FLUORESCENT YELLOW GREEN W63 (36"X36") & W65 PER CAL TRANS INSTALLATION "A" ©INSTALL FLUORESCENT YELLOW GREEN W66 (36"X36") & W66A PER CAL TRANS INSTALLATION "B" CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING SIGNING AND STRIPING PLAN ATTACHMENT #5 S A M P L E FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR SAFE ROUTE TO SCHOOL IMPROVEMENT PROJECT, CC-1210 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 traffic signal improvements at 17th Street and Palm Avenue; street,_ curb and gutte4n the City of Huntington Beach; and sidewalk, curb ramps, and signing and striping 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 HIP0 0-10 CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree/forms/federal 11-14-01 /4/ 16/03-A 1 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; 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 agree/forms/federal 1 1-14-01 /9/27/02 2 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 is Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. - The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications. and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 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 agree/forms/federal 1 1-14-01 /9/27/02 3 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 U 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 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 agree/forms/federal 11-14-01/9/27/02 4 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement 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 Agreement price, including all change orders, to warrant such performance agree/forms/federal 11-14-01/9/27/02 5 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 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and.all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of agree/forms/federal 1 1-14-01 /9/27/02 6 working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY 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 thework 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. agree/forms/federal 11-14-01/9/27/02 7 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 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/federal II-14-01/9/27/02 8 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 Agreement 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 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, agree/forms/federal I 1-14-01 /9/27/02 9 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 Agreement 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. 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. agree/forms/federal 1 1-14-01 /9/27/02 10 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation 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 agree/forms/federal 1 l -14-01 /9/27/02 11 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 indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which 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; agree/forms/federal 1 l -14-01 /9/27/02 12 b 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all 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, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. 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 agree/forms/federal 11-14-01 /9/27/02 13 1 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. 23. 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 no further obligation to CONTRACTOR. 24. 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. 25. 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. agree/forms/federal 1 1-14-01 /9/27/02 14 26. 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. 27. 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. 28. 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/federal 11-14-01 /9/27/02 15 29. 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. 30. 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. 31. 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. 32. 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 shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. agree/forms/federal 11-14-01 /9/27/02 16 33. 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. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. agree/forms/federal 1 1-14-01 /9/27/02 17 36. 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. 37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 38. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. agree/forms/federal 11-14-01/9/27/02 18 39. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the. PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/forms/federal 11-14-01/9/27/02 19 41. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 42. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 43. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 44. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/forms/federal 11-14-01/9/27/02 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 45. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 46. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/forms/federal 1 I -14-01 /9/27/02 21 To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 47. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/forms/federal II-14-01/9/27/02 22 49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 50. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). agree/forms/federal 1 1-14-01 /9/27/02 23 51. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 52. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, 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, 0 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by 1 and through their authorized offices the day, month and year first above written. agree/forms/federal 11-14-01/9/27/02 24 CONTRACTOR print name ITS: (circle one) Chairman/President/Vice President AND I: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/federal 11-14-01 /9/27/02 25 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE SAFE ROUTES TO SCHOOL IMPROVEMENTS; CC-1210 COUNCIL MEETING DATE: May 5, 2003 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 Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the CityAttorne Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial preO City Clerk Lc EXPLANATION FOR RETURN OF ITEM: RCA Author: Kato \C 4 .. 1>0 SA 5AFe KOUTF %p . SCFfUI�I_ JTK�(�roVt✓L(tcc,�E' A%OT p /fie ti C-01 Tff 12r_Gvt-/A-ceCL . SECTION C • PROPOSAL for the Safe Routes to School Improvement Project CASH CONTRACT No. CC-I210 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 figu I s. C-1 PROJECT BID SCHEDULE HA1210\BID SCHEDALS Item- No. Estimated Quantity Item With.Unit Price Written.hi Words: Unit Price.. Extended`.:.. '. Amount 1 1 LS Mobilization @ -�.� ic+� s � ��� � $ /O"'Poo $ Per LS 2 130 CY Unclassified Excavation Per CY 3 1 EA Relocate pull box per SCE standards GL-/d CC:,C� Per EA 4 1 LS Construct cmp drains w/ PCC floors & junction /boxes @ $ Per LS 5 110 LF Construct curb per City Std. Plan No. 201 _ Per LF 6 24 LF Construct curb & gutter per City Std. Plan No. 202 2ed,-) ct« Per LF 7 321 SF Construct cross gutter per City Std. Plan No. 205 Per SF 8 1260 SF Construct sidewalk per City Std. Plan No. 207 Per SF 9 66 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C Per EA 10 1 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case E N tG ce X Per EA r� U • C-1s PROJECT BID SCHEDULE HA121MBIDSCHEDMS 11 50 EA Construct detectable warning surface Per EA 12 3 Ton Construct asphalt concrete �, •^ Per Ton 13 7 Ton Construct agggregate base @Tlf��'� Per Ton 14 1 IS Install traffic signal @ 17th & Palm @ ut y a 61"-,- Per LS 15 1 LS Signing & striping o_ <<'I"D00• @ Jid Cto�s �.l 2eo-� L°V e� Per LS 16 1 LS Traffic control plan @ $ 2, OOG• ' $ 2r OGi�j Per LS 17 US Survey monument preservation A. 000 Zerr� Per LS 18 1 IS Landscaping ` -14m I GNU. @ S a LDoLlurS $ a, $ $� Odd • Per LS Total Amount Bid in Figures: $ 2 8 CV, 00 ? , �— Total Amount Bid in Words: Note: the City will provide certain signal equipment as indicated on the plans 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-Is T - J If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the • proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find NjoDOO- ra 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: F--I L-A 0 G2 LIST OF SUBCONTRACTORS • In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. • Portion of Work Name and Address of Subcontractor State License Number Class c i dn' 3'l- 6af5'- G"3Z lD —7 �o:�� / 'y y Tr�c�S �u �-✓ � � \Ci 1► ,a��CJ r� � � G�L�K crrw�'. Va v-cJS `�r-ce ��✓�/�c,t -(�a�d 11'Clc &7� ge,r,r-tr-t 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::.Thaf the�AGENCY will be furnished copies of all subcontracts entered into and bonds furhished_by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange G4 /��I�Gt�,c�1� , being first duly sworn, deposes and says that he or she is PA ES► bC4, r of &Es-r 2:uL• 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. Address of Bidder Subscribed and sworn to before me this 23 day of AAActl T , 200� NOTARY PUBLIC KAY E. ANDERSON i COMMA. #1MUS H =W PUBuc- CAUF0 M ORMMOOMY Ilily Camm. 6�. ,�a�s 18, 2005 � • C-4 UTILITY AGREEMENT is 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 Safe Routes to School Improvement Project (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, • and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. • Date: .S Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty • of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Cd/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the • Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE • Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every. employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. • Date: S/ 2 3 / o 3 • 11 O C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) • No excavation will be permitted until this form is completed and returned to the AGENCY. Section 216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a P t to Excavate will be valid. To obtain a Di, Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of t�q working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: S /23 / 03 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 4 BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: • Bidder Name P-0� E3ox 974/ Business Address �,tJESr vl/l st1C11A `'/ City, State Zip Telephone Number State Contractor's License No. and Class 9NZ5=78 Original Date Issued Expiration Date The work site was inspected by /Nilte le- wr S of our office on 7N 2 1 , 2003. The following are persons, firms, and corporations having a principal interest in this proposal: LAR K,y /\10A1-+4tj6 C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. • Comnanv Name Subscribed and sworn to before me this D day of M , 2001. KAY E. ANNDEERSSO8N M.c-rau.�o�vei► �:. trytamn� QV" NOTARY PUBLIC 1�TOT�►1�1�AL 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: 1. ,SEE " • 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 9 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF MANHATTAN BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE• Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741-5385 $1,052,000.00 S 342,500.00 $ 400,000.00 $ 647,700.00 S 222,000.00 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach CA 92648 Tel. 714.536.5431 Fax 714.374.1573 ADDENDUM NUMBER ONE For SAFE ROUTES TO SCHOOL IMPROVEMENT PROJECT CC- 1210 May 16, 2003 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. REVISIONS TO THE SPECIFICATIONS: 1. Remove project bid schedule and replace with the attached project bid schedule. 2. Remove page E-25 of the specifications and replace with the attached page. REVISIONS TO THE PLANS: 1. Remove sheet number 2 of the plans and replace with the attached sheet. The Engineer's estimate reported to the job houses incorrectly included design costs. The correct estimate, taking into consideration the change in the number of trees to be removed and the addition of the relocation of the SCE pull box, is $176,800. This is to acknowledge receipt and review of Addendum Number one, dated May 16, 2003. / ie8F'S XXJL. Company Name s'/ Date' All bidders must acknowledge the receipt of this Addendum and including it in your bid proposal. Should you have any questions regarding this Addendum, please call Doug Kato at 714.536.5214. Filename: GAConstruction Contracts (CCs)�addendum Ldoc �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 15, 2003 Nobest Incorporated P.O. Box 874 Westminster, CA 92684 Enclosed please find your original bid bond issued by Contractors Bonding and Insurance Company for Safe Route to School Improvement Project CC-1210. Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcont/retu mbidbond.doc (Telephone: 714536-52271 Bond No, BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated Bid Bond as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid Dollars ($10% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.. WHEREAS, the Principal has submitted a bid for Safe Route to School Improvement Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in thebidding 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 17th day of May 200') Nobest Incorporated Witness By:. v L o - hQ ES Contractors Boding and Insurancb Company Surety - (Seal) V Witness By: Linda D. Coats Attorney -in -Fact ORSC 21328 (5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif ornia County of Orange On Jam` z3ro3 before me, Kay E. Anderson/Notary Public , Date Name and Tme d Officer (e.g.. 'Jane Doe, Notary Public*) personally appeared' --Larry. Nodland Names) of-%V-(s) - U 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 KAY E. ANDERSON his/her/their signature(s) on the instrument the person(s), OIL#/ or the entity upon behalf of which the person(s) acted, COMM. #1304878 executed the instrument. NOTARYPUSM-CAUFU oA ORANGE COLWY Cwmft. Jur°13,2005 WITNESS my hand and official seal. are 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. Description .of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual IN Corporate Officer T(tle.(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator " e , ❑ Other. Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Titie(s): ❑ Partner— ❑ Limited ❑ General O Attomey4n-Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other. _ Top of thumb here Signer Is Representing: 0 1999 Nao of Notary A1sbt peon - SM Rsrnnet Ave.. P.O. Bo: 7184 - CargSa Park CA 913Q94718a Rod No. SX7 Floonder. Carr To"ree 14XW76-W7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Iss. County of ORANGE MAY 1 "l 2003 CHRISTINE M. RAPP ' NOTARY PUBLIC 'On ,before me; � , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared LINDA D. COATS Name(s) of Signer(s) 13 personally known to me ❑ proved to me on the basis of satisfactory evidence f .•:.:. CHINE M. RAPPf ac COMM. #1267189 NOTARY PUBLIC- CALIFORNIA 31 Q ORANGE COUNTY LMy Comm. Exp. July 9, 2004 �croammaao� 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. WI N SS MY. hand and official se . W�Is i j&Z,�2 L�pl. Place Notary Seal Above .Signature of N tary Fli,blic Ud OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ . Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 Nations! Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313.2402 • www.rtationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6827 ...... . . . . . . . . . . . . . iiwsu ... ....... sm. Power4f Atto Adfdr�B'on Nat .... . . ... ..... 00 ST MAY,: 3 !E xecutedDiC Wr• Number.' . .... . . ... . ........ Y: n r,� al cloed: ji. ereby-maki ND;L . DCOATS it; uth.. . ithereby: e:::and...de 1 :01 . . . ...... . -pact .... iqhail:::'have the authority to `issue -.a,..bid :: C' PALP, INC. DBA EXCEL PAVING COMP 2230 LEMONAVENUE '�N1' LONG BEACH. CA 90806 �rp� •, �ute� kD �Gthia C -23- 03 `05/15/2003 19:13 7143741573 CHB ENG PAGE 02/05 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach CA 92648 Tel. 714.536.5431 Pax 714.374.1573 ADDENDUM NUMBER ONE For SAFE ROUTES TO SCHOOL BeROVEMENT PROJECT CC- 1 210 May 16, 2003 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. REVISIONS TO THE SPECII�IiCATIONS: 1. Remove project bid schedule and replace with the attached project bid schedule. 2. Remove page E-25 of the specifications and replace with the attached page. REVISIONS TO THE PLANS: Remove sheet number 2 of the plans and replace with the attached sheet. The Engineer's estimate reported to the job houses incorrectly included design costs. The correct estimate, taking into consideration the change in the number of trees to be removed and the addition of the relocation of the SCE pull box, is $176,800. This is to acknowledge receipt and review of Addendum Number one, dated May 16, 2003. By - -( (g Date All bidders must acknowledge the receipt of this Addendum and including it in your bid proposal. Should you have any questions regarding this Addendum, pleases call Doug Kato at 714.536.5214. GACOMUMCfim Contract (CC-)addemlmn I .dry 95/15/2003 19:13 7143741573 CHB ENG PAGE 05/05 SECTION 308 LANDSCAPE AND EMIGA.TION INSTALLATION 308-1 GENERAL. Replacement trees and palms for trees and palms removed per plans are as follows: 1. Provide 24 —15 gallon sized Orahea edul.is (Guadalupe Fan Palms). Deliver to the Park Tree and Landscape yard only. Planting will be by others. 2. Provide and Plant 2 — 24" boxed Geijera parviflora (Australian Willow) per City standards and details in the planting area on the north corner of the intersection. Trim remaining Eucalyptus trees on the north corner per. ANSI, 300 Standards and per the direction of the City of. Huntington Beach Landscape Architect (Charles Davis) and the Tree Supervisor (Jim Conklin) from Park Tree and Landscape division. Contact Davis or Conklin two working days in advance of delivery to arrange inspection of the plant material. Remove the concrete adjacent to the existing Eucalyptus on the east corner to the extent indicated on the Engineering drawings to expose the root structure. Determine the location of the signal. pole to be installed and hand dig the footing to the first three feet (36") by hand to locate any roots. Do not cut, remove or injure any tree roots discovered. Notify Charles Davis and Jim Conklin at 714.536.5480 prior to and after excavation. The remaining excavation will be allowed to continue only after direction from the Landscape Architect and the Tree Supervisor. This Eucalyptus tree may be required to be trimmed as described above to allow visibility of the signal head. Direction to trim will come from the Engineering inspector. Direction on how to trim will come from the Tree Supervisor. 30M PAYMENT. Payment for landscaping shall be based on the lump sum price as set forth in the bid. Such price shall constitute full compensation for purchasing and providing Austrailian Willow and Guadalupe Fan Palms, concrete removal, hand digging, excavation, tare removal, tree trimming, and coordination with the Park, Tree, and Landscape division. E-25 .SECTION C PROPOSAL for the Safe Routes to School Improvement Project CASH CONTRACT No. CC-1210 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 '05/15/2003 19:13 7143741573 CHB ENG PAGE 03/05 PROTECT BID SCHEDULE MA121MU) sCFMMS Itentt )E�fioaated .: �attentded No. {entity 10m Witti Unfit Price Written in Words U'aftPrice Amount 1 1 LS Mobilization ca 6 v 4 Lr $ � d [� $ �Z OG rt,� ✓Yt � e d .��l�S Per LS 2 130 CY Unclassified xcavation @ s ?,-/iyC-ea1c) v $ & -3$c3ic�b_ Per CY 3 1 EA Relocate uB box SCE standards &P MI,n�t,e $���— $s�6_ LI Per EA 4 1 LS Construct cmp w/ PCC floors & junction xes e �-� o�sy �, Y5 $ IS000 $1 obc) Per LS 5 110 LF Construct curb per City Std. Plan No. 20t ly� tGi v S Per LF 6 24 LP Construct pprb & trier per it Std. Plan No. 202 i� Y14(S $alb $ b Per LF 7 32). SF Construct m gutter per Ci. Std. Plan N . 205 7u� -coo �' Y 11 3 /s -e $ $ Per SF 8 1260 SF Construct sidewalk per C }�Std. Plan No. 207 / 2 S� ?5 $ $-% ---4 Per SF 9 66 EA Construct curb ramp per Caltrans Std. Plan No. A88A Case C OW �'LtoZ,SGi vtc�S eLP---I VIQ)c if 2Za0 $ $ Per EA 10 1 EA Construct curb ramp per Caltrans Std. Plan No. ASCA vase E I.Iq � $ k -10y, $ 1 -7b Q LMclG Per EA C-is 05/15/2003 19:13 7143741573 CHB ENG PAGE 04/05 PROJECT BID SCHEDULE H:�� a a�aro scs 11 50 EA Construct detectable warning surface $ $ 0 Q0 L! O d IV Per EA 12 3 Ton Construc sphalt concrete �1 v�2d.Lett dco k4 t, $ 5?66 $ -"' Per Ton 13 7 Ton Construct agggmgate base ca — $(7 $t1q-- Per Ton 14 1 LS install traffi signal @ 17tb & Pal c� r (cn/5�i &/GO Per is 15 1 Ls si. @ing $ 6GU—' $ (220(1 Per LS 16 1 Ls Traffic con 1 Man 1rL� vS 14 C/ rz e v e/t l Wl _ly 10-do $ l Z!o -700 � Per IS 17 1 LS Survey monuin preservation $1706 — /jn�,' $ Per Ls 18 1IS Landscaping /-Zzl s,? /,? ll�vs j0aOCR _ 1)o0 (0 $ $ Per LS Total Amount Bid in Figures. $ —1 ^1 0 5 Total Amount Bid in Words: wq lie- J .g le!; ovs 2 e vlel t P Yam. o 1 5 Note: the City will provide certain signal equipment as indicated on the plans 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-ls If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �� in the amou7WcOFAMOi 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: 11 Addenda No. I Date Received I Bidder's Signature r� C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Rpm to/V � Gl�6 Sa11/ 28oSoe c a Sad -P-C6OAlb 96A- 617" -7 7& C ?2, C r U By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C.P. BROWP9 being firstpd µly jw,grggdeposes and says that he or she is V-916- vdw• of FXrFI PAVING COMPANY 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. PALP. INC. DBA EXCEL PAVING COMPANY Name of Bidder 0- ? PRESIDENT Signature of Bidder 2230 LEMON AVENUE �- LONG BEACH, CA 90806 Address of Bidder Subscribed and sworn to before me this day of MAY 2 1 200100 _ NOTARY PUBLIC NOTARY SEAL C-4 State of . County of CALIFORNIA LOS ANGELES On MAY 2 1 2003 before me, Celeste A. Graham, Notary Publ (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC-) personally appeared Palp Inc. DBA Excel Paving Company by (NAME(S) OF SIGNERISI) C.P. Brown President ® personally known to me -OR- ❑ OCELESTE A. GRAHAM C3 COMM. #1312118 fO 0 NOTARY PUBLIC -CALIFORNIA o LOS ANGELES COUNTY A1y Commission Expires July 30, 2C05 (SEAL) 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) ITTTLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEEIS) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(les) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEEIS) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: INams of Personls) or Entitylies) WOLCOTTS FORM 93240 Rev. 3.94 (price class 8.2A) Q1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS , ' 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 Safe Routes to School Improvement Project (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: PALK INC. DBA EXCEL PAVING COMPANY Contractor By Title Gy. BROWN, PRESIDENT C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the _ Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: AY 9 1 2003 PALK INC. OBA EXCEL PAVING COMPANY Contractor Title 1 P. BR0WRI, PR81DENT C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) ., o 9ps cam.pU-kd (D-t trAL c� Cad No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALP, INC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE LONG BEACH, CA 90806 Business Address City, State Zip ( ) (562) 599.5641 Telephone Number STATE LIC. 666659 OW State Contractor's license No. and Class 5.k\AA Original Date Issued Cj-,�\-0k Expiration Date The work site was inspected by \YT—% of our office on 6-A-03 , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: CURTIS P. BROWN, PRESIDENT & CHIEF DKIIATINQOI IC PALP. INC. DBAgapnA1 E EXCEL PAVING, COMPAId . ARY REIi< CHIEF FINANEIAI 6M(R GEORGE R. MCRAE, SENIORVICE PRESIDENT CURTIS P BROWN III, VICE PRESIDENT RRIMP E RATT. VICE PRESIDENT MICHELE E. DRAKULICH, AsslsTANT SECRETARr The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP. INC. DBA E1fCEL PAVING COMPANY Company Name Signature of Bidder G.P. BROWN, PRESIDENT Printed or Typed Signature 3 ' { Subscribed and sworn to before me this _ day of MAY 2 1 200, 200_ NOTARY PUBLIC SELF ATTACHED 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: 1. 2. 0 3EEA'TADHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-10 State of CALIFORNIA County of LOS ANGELES On MAY 2 1 2003 before me, Celeste A. Graham, Notary Publ IDATEI INAME/TITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC') personally appeared Palp Inc. DBA Excel Paving Company by INAME(S) OF SIGNER(S)l C.P. Brown President © personally known to me -OR- ❑ proved to me on the CELESTE A. GRAHAM o .30MM. #1312118 p U ., ? NOTARYPUBUC-CALIFORNIA C LOS ANGELES COUNTY My Commission Expires July 30, 2C05 (SEAL) asls 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 83240 Rev. 3.94 (price class 9.2A) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) m a 0 CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS) ❑CORPORATE OFFICER(S) ITITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑ GUARD IAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(les) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING - [Name of Personls) or Entitylies) 7 "-6(((5 63L4U"" 8 ?EXCEL PAVING COMPANY • • A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599.5841 FAX (562) 591-7485 C. P. Brown, President: 33 years experience working for other general contractors with the past 22 years being self- employed in own general engineering contracting business. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, In the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown George R. McRae Curtis-P. Brown III Bruce E. Flatt Michele E. Drakulich Secretary and Chief Financial Officer Senior Vice President Vice President Vice President & Assistant Secretary Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 .t AROLYN . Opffio,41 cretary EXCEL PAVING COMPANY - A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90808 Telephone: 562-599-5841 Fax: 562-SW3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D.# 95-3672914 Excel Paving Company Is a Corporation Owner. Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: Comnanv Phone ax Vulcan Materials 2-3-258-2777 323-254-6102 R.E.H. Trucking 909-591-0871 909-591-0506 Blue Diamond Materials 714-578-9507 714-449-2831 Savala Equipment 800-223-2473 949-552-8597 SPECIAL BILLING REQUIREMENTS: Show job number on Invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown Date President P.O. BOX 1641 LONG BEACH, CA 90806-51! (562) 599-sad FAX (562) 591-7411 Contact Silvia Arredondo Gina Mendlola Jerry Easterwood Mona Covington EXCEL PAVING COMPANY 4.- A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A Reference List As of May, 2000 1. City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 2. Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 Or (818) 840-8840 3. Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 P.O. BOX 1640. LONG BEACH, CA 90806-519 (562) 599-584 FAX (562) 591-748; 0CEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A Bonding Agent: Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Contact: Douglas A. Rapp Office: (714) 457-1060 Fax: (949) 457-1070 Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23`d Floor Los Angeles CA 90017 Insurance Carrier: OR P.O. Box 30127 Los Angeles CA 90030-0127 The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (714) 553-9800 Fax: (714) 553-0670 P.O. BOX 1640! LONG BEACH, CA 90806-519! (562) 599-5841 FAX (562) 591-748E EXCEL PAVING COMPANY OPEN JOBS AS OF FEBRUARY 2002 CONT JOB J CONTRACT % WORK OWNERICONTRACTOR LOCATION CITY AMOUNT COMPL DATE Apr-00 3589 G.H. PALMER MEDICI LOS ANGELES 763,675 85.4% Jun-00 3607 CITY OF SANTA ANA BRISTOL ST. SANTA ANA 8,254,383 85.7% Jul-00 3637 NIELSEN DILLINGHAM BUILDERS 12015 HARBOR BLVD. GARDEN GROVE 137,300 79.4% Jul-00 3638 HAZAMA CORPORATION 29901 LADYFACE CIRCLE AGOURA 56,357 98.4% Aug-00 3639 CEDAR SINAI MEDICAL CENTER 8700 BEVERLY BLVD. LOS ANGELES 995,394 89.0% Aug-00 3648 KAISER FOUNDATION 5981 VENICE BLVD. WEST LA 4,775 100.0% Aug-00 3650 LA COUNTY PUBLIC WORKS FIGUEROA ST. LOS ANGELES 2,127,356 99.7% Aug-00 3652 LAUSDT BYTHE ST. SCHOOL LOS ANGELES 511,446 100.0% Sep-00 3658 ANDREWS RANCHO DEL SUR FIRESTONE & RYERSON DOWNEY 398,647 99.9% Sep-00 3659 LA COUNTY PUBLIC WORKS HACIENDA BLVD. LA COUNTY 1,731,429 98.8% Sep-00 3660 LAUSDT CHASE ST. SCH. LOS ANGELES 506,750 100.0% Sep-00 3662 HATHAWAY DINWIDDIE 777 PAULING DR. THOUSAND OAKS 199,284 93.0% Oct-00 3666 MORLEY CONSTRUCTORS 555 W. TEMPLE ST. LOS ANGELES 690,000 63.8% Oct-00 3669 MOTION PICTURE HOSPITAL 23388 MULHOLLAND DR. HOLLYWOOD 1,855,300 78.9% Oct-00 3672 IRVIRE COMMUNITY DEVELOPMENT SHADY CYN/SAND CYN IRVINE 7,978,863 85.9% Nov-00 3680 BENCHMARK CONSTRUCTORS 4TH ST. PKG SANTA MONICA 76,500 100.0% Nov-00 3686 CITY OF LONG BEACH LOYNES DR LONG BEACH 393,445 100.0% Dec-00 3693 PCL CONSTRUCTION 11847 W. GORHAM AVE. LOS ANGELES 144,368 4.4% Dec-00 3704 CITY OF LONG BEACH TAXIWAY D L.B. AIRPORT 2,842,083 72.3% Jan-01 3705 INTERSCAPE CONSTRUCTION 340 N. MADISON AVE., LOS ANGELES 29,998 49.6% Jan-01 3709 LA COUNTY PUBLIC WORKS EASTERN AVE, CITY TERRACE 241,279 99.0% Jan-01 3712 LAKE FOREST HOA ST. REHAB VARIOUS LOC, LAKE FOREST 1,409,039 99.8% Jan-01 3714 PORT OF LONG BEACH PIER T, PORT OF LB 10,293,022 74.4% Feb-01 3716 CALTRANS 710 FWY PCH TO 405 16,743,677 18.7% Feb-01 3720 W.R. CHAVEZ CONSTRUCTION 2699 PALOMA ST., PASADENA 78,050 0.0% Feb-01 3721 CITY OF LOS ANGELES IMPERIAL HWY., LOS ANGELES 888,448 98.5% Feb-01 3722 LA COUNTY PUBLIC WORKS FIJI WAY, MARINA DEL REY 357,856 99.9% Feb-01 3723 BURLINGTON NORTHERN RAILROA INDIANA & WASHINGTON, VERNON 40,050 99.9% Mar-01 3724 CITY OF LOS ANGELES 212TH ST., LOS ANGELES 239,239 98.5% Mar-01 3727 MOOTE GROUP PROJECT 03 LOS .ANGELES 68,306 11.6% Mar-01 3732 CITY OF MONTEREY PARK GARVEY & CORP CTR, MONTEREY PARK 1,934,685 97.2% Apr 01 3736 CARLSON IMPLEMENTATION BANK OF AMERICA, BREA 612,312 99.1% Apr-01 3737 UNION PACIFIC RAILROAD 4341 E. WASHINGTON COMMERCE 4,169,503 74.6% Apr-01 3739 CENTER RODGERS JANSS & LYNN, THOUSAND OAKS 70,990 34.2% Apr-01 3741 CALTRANS 73/55 SEP TO MACARTHUR BLVD., COSTA MESA 196,224 99.1 % Apr-01 3742 PORT OF LOS ANGELES HENRY FORD, LOS ANGELES 2,578,854 20.6% Apr-01 r 3743 CITY OF LONG BEACH BELLFLOWER BLVD., LONG BEACH 564,641 99.9% Apr-01 ' 3745 CITY OF SANTA ANA WARNER AVE., SANTA ANA 2,527,760 50.6% A- AA 9'f Al2 IA=CG'r A\fi=Ml,-A 1 AI MCI /%Vhl 0 nA►1^^^Kl C%11\I %JAI 1 N 7A @9A AA 0101. EXCEL PAVING COMPANY OPEN JOBS AS OF FEBRUARY 2002 CONT JOB CONTRACT % WORK DATE j NO. OWNERICONTRACTOR LOCATION CITY AMOUNT COMPL Apr-01 3747 TUTOR SALIBA WEST & EAST ALAMEDA 6,498,000 32.2% May-01 3748 TUTOR SALIBA 23001 ROSCOE, WEST HILLS 81,291 100.0% May-01 3751 SWINERTON & WALBERG 1126 WILSHIRE BLVD., LA 10,800 1.0% May-01 3752 MARTA METROPLEX PIER 400 ICTF, LA 7,369,400 22.6% May-01 3758 CITY OF WESTMINSTER WESTMINSTER BLVD, . WESTMINSTER 146,762 79.1% May-01 3759 CITY OF CARSON CITYWIDE OVERLAY, CARSON 2,004,235 91.2% Jun-01 ' 3764 PORT OF LOS ANGELES BERTH 230-232 POLA 11792,950 29.3% Jun-01 3768 CITY OF SIMI VALLEY ERRINGER AVE SIMI VALLEY 470,470 87.7% Jun-01 3769 CITY OF ANAHEIM WEIR CYN RD ANAHEIM 249,236 89.0% Jun-01 1 3772 LAUSDT GRANADA HILLS LOS ANGELES 531,000 98.8% Jun-01 3773 LAUSDT TULSA ELEM SCH GRANADA HILLS 469,030 99.7% Jun-01 3774 MPTV 23388 MULHOLLAND DR. WEST HILLS 193,984 56.2% Jun-01 3778 H.F. BOECKMANN II 15505 ROSCOE NORTH HILLS 51,840 81.4% Jun-01 3780 CITY OF GLENDALE ANNUAL ST. RESURFACE GLENDALE 1,596,935 99.4% Jul-01 3781 CITY OF LONG BEACH SOUTH ST LONG BEACH 251,250 25.4% Jul-01 I 3782 CITY OF CULVER CITY OVERLAND AVENUE CULVER CITY 714,805 93.9% Jul-01 3783 CITY OF LA PALMA VARIOUS LOCATIONS LA PALMA 254,250 93.6% Jul-01 3784 BOVIS LEND LEASE 10727 WILSHIRE LOS ANGELES 85,000 91.4% Jul-01 3785 CITY OF TUSTIN EDINGER AVE TUSTIN 2,597,340 9.3% Jul-01 3786 PCL CONSTRUCTION 8570 SUNSET W. HOLLYWOOD 349,495 97.2% Jul-01 3787 CITY OF SANTA MONICA VARIOUS LOC SANTA MONICA 3,367,450 0.5% Jul-01 3788 CITYOF LONG BEACH PALO VERDE AVE LONG BEACH 403,508 19.0% Jul-01 3789 CITY OF LONG BEACH PARAMOUNT AVE LONG BEACH 475,801 21.6% Jul-01 3790 CITY OF LONG BEACH WILLOW ST LONG BEACH 434,275 0.6% Jul-01 I, 3791 WALT DISNEY MAGIC WAY ANAHEIM 59,720 99.0% Jul-01 3792 ANDREWS RANCHO DEL SUR FIRESTONE & RYERSON DOWNEY 89,150 99.9% Jul-01 3794 NORD RHEIN CORP FIRE STATIONS POLE 212,800 0.2% Jul-01 3795 CRESCENTA VALLEY WTR DIST VARIOUS ST., LA CRESCENTA 38,426 100.0% Jul-01 3796 CITY OF SIMI VALLEY VARIOUS LOCATIONS SIMI VALLEY 1,981,888 64.2% Jul-01 3797 LBUSD GOMPERS ELEM SCH LONG BEACH 548,552 98.6% Jul-01 3798 CITY OF LAGUNA HILLS PASEO DE VALENICA LAGUNA HILLS 1,199,616 97.5% Jul-01 ! 3799 HEWSON ALAMEDA LLC SEPULVEDA W/O ALAMEDA CARSON 84,165 75.0% Aug-01 3801 VALLEY CREST LANDSCAPE SHADY CYN IRVIN'E 110,095 49.3% Aug-01 3803 BANK OF CANTON GARVEY & MOORE MONTEREY PK 44,335 65.1% Aug-01 3804 MCCARTHY UCI PARKING STRUCTURE IRVINE 132,000 97.4% Aug-01 3805 LAUSDT SUPERIOR SCHOOL LOS ANGELES 601,800 97.6% Aug-01 3806 MOOG AIRCRAFT GROUP 20263 WESTERN AVE. TORRANCE 27,500 92.5% Aug-01 I 3807 CITY OF LOS ANGELES OVERLAND AVE LOS ANGELES 1,839,812 6.1% A- A4 i 7ono 01101 fA1P-T/1A1 Ll^0'rUM0kl 15A11 M^A IAIA[•uulP•Tn►1 6 l►ln*ALIA •if-r•u�u - - - - - - .� �.. EXCEL PAVING COMPANY 3 ' OPEN JOBS AS OF FEBRUARY 2002 CONT JOB OWNERICONTRACTOR LOCATION CITY CONTRACT % WORK DATE j NO. AMOUNT COMPL Sep-01 Sep-01 Sep-01 Oct-01 Oct-01 Oct-01 Oct-01 Oct-01 Oct-01 Oct-01 Oct-01 Oct-01 Nov-01 Dec-01 Dec-01 Dec-01 Dec-01 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Jan-02 Fe Fe Feb-0� 3809 CHARLES PANKOW BUILDERS 3810 J.A. JONES 3812 BURBANK AIRPORT AUTHORITY 3813 CITY OF LAKE FOREST 3814 PORT OF LOS ANGELES 3815 CITY OF PARAMOUNT 3816 BURLINGTON NORTHERN RAILROA 3817 NELSON & BELDING 3818 PORT OF LOS ANGELES 3819 LAUSDT 3820 BULLDOG CONSTRUCTION 3821 CITY OF IRVINE 3822 CALEX ENGINEERING 3824 DAMON CONSTRUCTION 3825 CITY OF BELL 3826 CITY OF INDUSTRY 3827 W.E.O'NEIL 3828 CITY OF REDONDO 3829 LA COUNTY PUBLIC WORKS 3830 SO. CALIF. DEVELOPMENT 3831 ARCH TECH CORP 3832 DAMON CONSTRUCTION 3833 CITY OF LOS ANGELES 3834 LONG BEACH AIRPORT 3835 LONG BEACH AIRPORT 3836 CITY OF LONG BEACH 3837 CITY OF LONG BEACH 3838 CITY OF LONG BEACH 3839 CITY OF LONG BEACH 3840 CITY OF GLENDALE 3841 PORT OF LOS ANGELES 3842 CITY OF ALHAMBRA 3843 CITY OF LOS ANGELES 3844 VALLEY CREST LANDSCAPE 3845 STEVE RADOS, INC. 3846 LAUSDT 3847 CITY OF GLENDALE 3849 DAVID HAWELKA, INC. 11110 W. PICO BLVD., 2627 HOLLYWOOD WY, LAKE FOREST DR., PIER 400 LEAD TRK, ORANGE AVE, WASH & INDIANA, PORTSHEAD RD., BERTH 115 HARTE MIDDLE SCH., 4400 CARTWRIGHT, MACARTHUR BLVD. CORRAL CYN, MANHATTAN AVE., ANITA DR & WEIK AVE CAPITOL AVE WASHINGTON & BROADWAY EL NINO STM DRAIN DAMAGE COMPTON AVENUE 1215 SAN ANTONIO DR LONG BEACH AIRPORT LA CIENEGA BLVD. GRAND CANAL COURT GATES 3 & 4 SECURITY GATES BELLFLOWER BLVD, PARKCREST STREET COLLEGE PARK DRIVE VARIOUS STREETS CALIFORNIA STREET REHAB MANUEL INTERMODAL TERMINAL STREET & RD REHABILITATION LAUREL CYN BLVD. SHADY CANYON PHASE 1 B INTERSECTION 15/16TH 42ND AND ANGELES MESA ELEM. SCH STREET REHABILITATION 153 E.12TH ST LOS ANGELES BURBANK LAKES FOREST POLA PARAMOUNT VERNON MALIBU SAN PEDRO LAUSDT STUDIO CITY IRVINE MALI6U MANHATTAN BCH BELL, INDUSTRY LOS ANGELES REDONDO BCH LA COUNTY LONG BEACH LONG BEACH BEVERLY HILLS LOS ANGELES LONG BEACH LONG BEACH LONG BEACH LONG BEACH LONG BEACH LONG BEACH GLENDALE PORT OF LA ALHAMBRA LOS ANGELES IRVINE LOS ANGELES LOS ANGELES GLENDALE LONG BEACH 119,272 195,056 3,466,875 87,623 2,568,444 999,490 82,749 128,500 1,584,710 269,269 59,655 388,888 127,000 120,000 144,960 530,273 46,300 427,195 1,253,944 44,126 51,000 11,600 690,381 477,324 373,434 522,675 487,365 107,910 1,157,011 265,869 10,946,975 598,500 643,495 95,168 2,137 592,700 1,777,041 15,300 0.4% 9.0% 99.5% 0.5% 0.5% 72.0% 0.0% 0.4% 1.9% 53.0% 1.6% 76.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% EXCEL PAVING COMPANY . WORK COMPLETE AND BACKLOG AS OF MARCH 14, 2003 ORIGINAL % BACKLOG/ JOB OPEN JOBS CONTRACT WORK WORK NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. REMAINING 2002 OPEN JOBS 3716 710 FWY PCH TO 405 16,743,677 : .63.0% 6,195,160 3880. BERTH 212- 226 POLA 4,292,540 : 76.0% 1,030,209 3895 PIER S PORT OF LONG: 10,425,708 : 31.4% 7,464,412 3867 SAN FERNAND LA 229,889 : 96.1 % 9,286 3870 CRENSHAW BL LA 938,921 99.6% 5,341 3900 CENTURY PK LOS ANGELES 345,159 38.6% 283,610 3910 AMGEN CTR THOUSAND OAK 190,000 97.2% 5,154 3919 AVENIDA MAZA SANTA MONICA 8,800 0.0% 8,800 3929 OLYMPIC BLVD LOS ANGELES 370,608 : 95.0% 18,530 3607 BRISTOL ST., SANTA ANA 8,254,383 : 99.7% 22,736 3888 2001-2002 ANN BEVERLY HILL 1,134,623 : 54.1% 413,310 3922. BELLAGIO & NE LA 1,284,421 0.9% 1,273,366 3714 PIER T, PORT OF LB 10,293,022 : 100.0% 3,721 3843 LAUREL CYN B LOS ANGELES 643,495 90.0% 64,349 3876 PARTHENIA, LA 996,626: 10.0% 12,176 3881 BROADWAY LA 2,514,839: 89.0% 120,001 3829 COMPTON AVE LA COUNTY 1,253,944 99.90/0 798 3884 DANA MIDDLE LOS ANGELES 613,813 : 98.0% 12,499 3915 OVERLAND ES LOS ANGELES 367,800 : 21.2% 289,851 3923 OLYMPIC BLVD BEVERLY HILL 1,088,090 : 62.0% 413,905 3836 BELLFLOWER LONG BEACH 522,675 50.0% 250,251 3927 BUS CENTER, INGLEWOOD 1,196,393 : 85.0% 179,459 3941 SOUTH STREE LONG BEACH 261,465 : 1.2% 258,275 3943 SOMERSET BL BELLFLOWER 296,300 : 0.5% 294,754 3947 TUSTIN AVE., ANAHEIM 3,842,051 0.5% 3,823,173 3954 505 N. FIGUER LOS ANGELES 173661 0% 173,661 3955 WASHINGTON VERNON 150698 0% 150,698 3959 SANTA MONICA LOS. ANGELES 34455152 0% 34,455,152 3962 S. MACLAY AVE SAN FERNANDO 428965 0% 428,965 3963 EL DORADO PK LONG BEACH 143245 0% 143,245 3969 BERTH 2O6-209, PORT OF LA 4772691 0% 4,772,691 3970 CABRILLO ES SAN PEDRO 369998 0% 369,998 3971 VARIOUS & WA CULVER CITY 1123542 0% 213,110 3972 633 W. 5TH ST., LOS ANGELES 10000 0% 10,000 3973 LOS ROBLES M THOUS OAKS 301907 0% 301,907 3974 DISCOVERY W SIGNAL HILL 86000 0% 86,000 3975 2401 E. PCH, WILMINGTON 10000 0% 10,000 3976 EXCELSIOR DR NORWALK 404000 0% 404,000 3977 ROSECRANS, NORWALK 208949 0% 208,949 3978 WARDLOW/BEL LONG BEACH 672979 0% 672,979 3979 WARDLOW/STU LONG BEACH 777510 0% 777,510 TOTAL BACKLOG $65,631,992 .j o CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK t September 15, 2003 PALP Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Enclosed please find your original bid bond issued by Federal Insurance Company for Safe Route to School Improvement Project CC-1210. Connie Brockway, CMC City Clerk . Enclosure g:/followup/cashcont/retumbidbond.doc (Telephone: 714536-5227 ) Bond No. BID BOND The American Institute of Architects, - AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid Dollars ($10 0 ), for the payment of which sum well and tnily to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SAFE Route to Schools NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance.with the.terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of May 2003 PALP Inc. dba Excel Paving Company Principal (Seal Witness , %. P. BR�W;. By: PRESIDENT Name/Title Federal Insurance Company Surety (Seal) Witness By: Yuglas A. Rapp Attorney -in -Fact ORSC 21328 (5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ORANGE ss. County of , On MAY 1 9 2003 , before me, CHRISTOPHER J. COATS, - NOTARY PUBLIC Date Name and Title of officer (e.g., 'Jam Doe, Notary Public*) personally appeared DOUGLAS A. RAPP Name(s) of Signer(s) . ® personally known tome ❑ proved to me on the basis of satisfactory .evidence OFFICIAL SEAL to be the person(s) whose name(s) is/are :�••• CHRISTOPHER J. COATS W subscribed to the within instrument and NOTARY PUBLIC - CALIFORNIA — acknowledged to me that he/she/they executed COMMISSION # 1267699 C My cD ORANGE Ju y 5, 2ooa+ the same , in his/her/their authorized „ capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hevad @nd official seal. Place Notary Seal Above'Sig 8 ur No9ij-Pui6lic OPTIONAL / Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1999 National Notary Association - 9= De Soto Ave., P.O. Bort 24M • Chatsworth, CA 91313-2402 - www.nagonWnotary.org Prod No. s907 Reorder. Call Toll -Free 1.800-87641827 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road OHueB Surety ATTORNEY • • Pssilic Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California ------------------------------------------------ each as their true and lawful Attorney -in -Fact .to execute under such designation in their names and to affix their corporate seals to and deriver for and on their behalf as surety. thereon or otherwise, bonds end undertakings and other writings obligatory in the nature thereof (other. than bail bonds) given or executed in the course of business, and any..instruments amending or -altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations: In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 14th day Of May, 2003 - enn�C. Wendel, Assistant Secretary' STATE OF NEW JERSEY County of Somerset ss. T. W. Cavanaugh, Vice President On this 14 th day of May, 2003 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seats affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority; and that he is acquainted with T. W. Cavanaugh, and knows him to be Vice President of said Companies; and that the signature of T. W. Cavanaugh, subscribed to said Power of Attorney is in the genuine handwriting of T. W. Cavanaugh, and was thereto subscribed by authority of said By -Laws and in deponents presence. NotedRiC Karen A. Price � a o�P:W Notary Public State of New Jersey No. 2231647 ' Lai� U A E w Commission EySek0h J04 Notary Public IPICA Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obliigatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile.seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY. COMPANY (the "Companies") do hereby certify that (I) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50.of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren, NJ this 19 th day of May 2003 —*— 3 �0101' * 1sr�tli�+ +SEW YOa� * Kenneth C. Wende , Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3497 Fax (908) 903-3656 e-mail: surety@chubb.com Form 15-10-0225B (Ed. 10-02) CONSENT State of County of CALIFORNIA LOS ANGELES On MAY 2 3 2003 before me, Celeste A. Graham, Notary Pub (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC') personally appeared Palp Inc. DBA Excel Paving Company`bv (NAME(S) OF SIGNERIS)l C.P. Brown President ® personally known to me -OR- O 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 CELESTE A. GRAHAM he/she/they executed the same in his/her/their b �,� ,OMM. #131211 s o authorized capacity(ies), 0 NOTARYPUBUC-CAUFORNIA c and that by his/her/their LOS ANGELES COUNTY signature(s) on the my Commission Expires July 30, 2CO5 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed.. _ the instrument. . Witness my hand and official seal. (SEAL) NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment.of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(les) RIGHT THUMBPRINT (Optional) m s< 0 s � o CAPACITY CLAIMED BY SIGNERS) ❑INDIVIDUALIS) ❑CORPORATE OFFICERIS) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEISI ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: [Name of Person(s) or Entity(ies) WOLCOTTS FORM 83240 Rev. 3.94 (price class 8-2A) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS J 7 11■'67775-632401111 8