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HomeMy WebLinkAboutInspection Engineering Construction - 2001-11-190 • me HUNTINGTON BEACH City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: March 20, 2003 SUBJECT: Retention Release Payment Company Name: Inspection Engineering Construction Address: 2973 Harbor Boulevard, Suite M 516 City, State and Zip Code: Costa Mesa, CA 92626 Phone Number: (714) 240-9272 Business License Number:A 218498 Exp. 8/03 Local Address: Same as above Notice of Completion Date: Pending Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1171 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the *eci Date Robert F. Bea certify that there are no outstanding invoices on file. -Zy-v�3 Date me. ey, Public Works Director Shari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. D to Connie Brockwa City Clerk Reten. Release 3/20/2003 4:42 PM 4 i 11 �i J f iJtij^ E' J,S 0. k 'r I ;,:-HUNTINGTON BEACH r s .FROM Robert 4 DATE March,, r • Recorded in Official Records, C�ty of Orange T Tom Daly, Clerk -Recorder 51 WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 213 91 N122003000429894 01:15pm 04/17/03 Attn: RobertA. Martinez 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 T?Q OS J_ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington a 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: TRAFFIC SIGNAL MODIFICATION / IMPROVEMENTS; CC-1171 This project includes: Signal modifications at Delaware/Garfield, Lake/Adams, and Springdale/ Slater. That said work was completed December 19,2002 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 December 19, 2002, per City Council Resolution No. 2002- 10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this March 19, 2003. V Erector 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 unde r Dated at Huntington Beach, California, this March 19, 2 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 TOM DALY Orange County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 14 APR 3 010 3 Ix 035Ab D METto 132225u. 8. P �"11`�'N F'CEF.I..MP 9.12,6.46 III IIIIIIII{I II II III IIIIIIItI{IIIIIIII IIIIII 11 I1Itt IIIII IIIItI fi GE ft Recorded in Official Records,. __._._..... Tom Daly, Clerk -Recorder ty of Orange WHEN RECORDED MAIL TO: 11111111111111111111111111111111111qIII!lIIIIIIIIIIIIIIlII!lIIIIIlINO FEE CITY OF HUNTINGTON BEACH 213 91 N,i 003000429894 01:15pm 04/17/03 Attn: Robert A. Martinez 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 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: t 'TRAFFIC SIGNAL MODIFICATION / IMPROVEMENTS; CC-1171 This project includes: Signal modifications at Dela%eare/Garfield, Lake/Adams, and Springdale/ Slater. That said work was completed December 19,2002 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 December 19, 2002, per City Council Resolution No. 2002- 10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this March 19, 2003.' I... - 1/11 ...-# 0 " � b rector 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 March 19, 2003. n A irector of Public Works or Citj Engineer ity of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 • is e, CITY OF HUNTINGTON BEACH 2000 MAIN STREET--CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: AotL� 1.2. )40 a TO: -� �� C%n P/r.r� ATTENTION: Name 6" DEPARTMENT: S c %26dA REGARDING: ,G»xjr,/ City, State, Zip 41A r-A cc - /171 See Attached Action Agenda Item Date of Approval 11-4 -o Z Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item: . Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement t/ Bonds Insurance RCA Deed Other Name Department RCA Name Name Department RCA Department RCA Name Department RCA Name Department RCA g:/followup/letters/coveritr.doc (Telephone: 714-536-5227 ) Agreement ' Insurance Other. Agreement Insurance Other Agreement Insurance Other Agreement Insurance Other Insurance OCITY OF HUNTINGTON BEACH MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096 Ori �i R� �',�I i U . Council/Agency Meeting Held: L- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signat Council Meeting Date: November 6, 2002 Department ID Number: PW 02-096 -,- CITY OF HUNTINGTON BEACH o REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS- SUBMITTED BY: .c RAY SILVER, City Administrator O-L�ZZ PREPARED BY: ROBERT F. BEARDLEY, Director of Public Worksl I SUBJECT: APPROVE THE AMENDMENTS FOR CC-1171 AND CC-1163 Statement of Issue, Funding,Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Amend two Public Works contracts, CC-1171 and 1163, allowing Inspection Engineering Construction, a sole proprietorship, to change its contractor's status to a California Corporation. Funding Source: Not applicable Recommended Action: Motion to: 1) Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and Inspection Engineering Construction for Installation of Traffic Signals 2) Authorize the Mayor and City Clerk to execute Amendment No 1 to Agreement between the City of Huntington Beach and Inspection Engineering Construction for Traffic Signal Communication and Operation Upgrade Project Alternative Action(s): Deny Approval of the recommended action. Analysis: Inspection Engineering Construction, previously a sole proprietorship, became a California corporation on May 19, 2002. The City currently has two pending, city -funded construction contracts: CC-1171, which is under construction, and CC-1163, which is ready to begin. Both parties wish to amend the two original agreements to reference the Contractor as a California corporation, and to bind the entity to the original agreement. GAR C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc 10/28/2002 8:54 AM or • L� REQUEST FOR ACTION MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096 Attachment(s): RCA Author: RAM GAR C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc 10/24/2002 3:04 PM f3- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE ee ' It 43 CITY OF HUNTINGTON BEACH AND INSPECTION ENGINEERING CONSTRUCTION FOR INSTALLATION OF TRAFFIC SIGNALS r THIS AMENDMENT is made and entered into the �� fh day of , 2002, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and INSPECTION ENGINEERING CONSTRUCTION, a California corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated November 19 2001, entitled "City Funded Construction Contract Between the City of Huntington Beach and Inspection Engineering Construction for Installation of Traffic Signals at Various Locations in the City (CC-1171)" which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, CONTRACTOR, previously a sole proprietorship, became a California corporation on May 19, 2002, NOW, THEREFORE, the parties wish to amend the Original Agreement to reference the CONTRACTOR as a California corporation, and to bind the correct entity to the Original Agreement. The first paragraph of the Original Agreement is amended as follows: THIS AGREEMENT, made and entered into this 19th day of November, 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY" and Inspection Engineering Construction, a California corporation, hereinafter referred to as "CONTRACTOR." 02agree/inspect amend/9/17/02 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 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. INSPECTION ENGINEERING CITY OF HUNTINGTON BEACH, a CONSTRUCTION, INC., a California municipal corporation of the State of corporation, California By: �f}� — Pc A 1 . yes; print name ITS: (circle one) Chairman/ reside Nice President AND By: U P M f9-� TJ��h► > �, pri t�a� ITS: (circle o Secretar ief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator M� li -ITT" ATTEST,: City Clerk Jr APPROVED AS TO FORM: .�- City Attorney l ✓dv y—lL—o,r /a•/S-dZr INIT TE APPROVED: Director of Public Works 02agree/inspect amend/9/13/02 2 0 • '�� CITY OF HUNTINGTON BEACH 2000 Main Street P.O.Box 190 California 92648 Robert F. Beardsley, P.E. Director March 19, 2003 County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Subject: Notice of Completion for the Traffic Signal Modification / Improvements; CC-1171 Department of Public Works (714) 536-5431 This is our formal request to record the enclosed original Notice of Completion for the subject project. Please forward a recorded copy to my attention at, City of Huntington Beach, Department of Public Works, 2000 Main Street, P. O. Box 190, Huntington Beach, CA 92648, Enclosed is a self-addressed, stamped envelope for your use. If you have any questions, you can contact me at (714) 536-5423. Sincerely, R4ert"A. Martinez Co structlon Division Enclosed; Notice of Completion for CC-1171 CO Y G/Template/ Cover Letter for NOC WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 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: TRAFFIC SIGNAL MODIFICATION / IMPROVEMENTS; CC-1171 This project includes: Signal modifications at Delaware/Garfield, Lake/Adams, and Springdale/ Slater. That said work was completed December 19,2002 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 December 19, 2002, per City Council Resolution No. 2002- 10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this March 19, 2003. Iirector 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 March 19, 2003. A n -tor of Public Works or City Engineer of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 CITY OF UNTINGTON BEACH Res"'.a003-0D REQUES OR ERVICES Assn . To r� Gal , City Attorn Date .".` , ; i D 3 Date: qu t made by: elephone: Department: 1/23/03 obert A. Martinez X-5423 Public Works INSTRUCTIONS: File r in the City Attorne s Office. Outline reasons for this request and state facts necessary for City tt ney to respond. Pi se attach all pertinent information and exhibits. TYPE OF LEGAL .SERVI S REQUESTED: ❑ Ordinance Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ® Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, 1 If not for Council action, consent to a disclosure of the If for City Council action, desired completion date: informatio nt ned in this RLS to all ember h ity ouncil. Agenda Deadline Council Meeting 1/30/03 Signature o epartment Head COMMENTS Please review and approve "As To Form" the attached One Year Maintenance Bond and attached documents from Inspection Engineering Construction, Inc. for the. Traffic Signal Modifications / Improvements, CC# 1171. Attached are the following: _ 1. Maintenance Bond, # 6122523, One set 4^ > r 2. Certificate of Fact, One Sheet - L., 3. Certification of Compliance, One sheet 4" 1-1 4, Declaration of Satisfaction of Claims, One sheet Routing ❑ GCH DPDA ❑ LB ❑ SL ❑ JF OADL ❑ SF ❑ JM ❑ This Request°for Legal Services has been assigned tQ, attorney , extension : His/her secretary is .� , extend l �R,?a 3 Notes File: Name Date Completed. WP No.. = Shaded areas for City Attorney's Office use only. RI R fnr Main Rnnri 1/910nnl Q-0A AM FIRST NATIONAL 1NSURANCECO.OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, W A 9810S MAINTENANCE BOND KNOW ALL BY THESE PRESENTS, That we, BOND NUMBER 6122523 PREMIUM INCLUDED IN PERFORMANCE BOND Bond INSPECTION ENGINEERING CONSTRUCTION, INC. as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of EIGHTEEN THOUSAND ONE AND N01100 — — — — — — — — — — — — — — ———————————————————— — — — — —— (S18,001.00— — — — — —— ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS,. the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH dated for TRAFFIC SIGNAL MOD. AT DELEWARE/GARFIELD, LAKE/ADAMS, AND SPRINGDALE/SLATER. CASH CONTRACT NO. 1171 WHEREAS, said Contract has been completed, and was approved on SEE BELOW day of 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of * ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 14th day of JANUARY 19 2003 r TO `' FOgI`ZI , + INSPECTION ENGINEERING CONSTRUCTION, INC. (Seal) v (Seal) Y� De u ty City (Seal) FIRST NATIONAL INSURANCE COMPANY OF AMERICA By SHAWN BLUME Attorney -in -Fact S-3210/EP 7/94 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On l , before me, R. STANDLEY PERSONALLY APPEARED personally known to me (Qr+-owad *^ mg Qa 4w laiwi . 4 @ -ia^^^^` to be the person(f4 whose name(&)- ___._. is/ara subscribed to the within instrument and acknowl- edged to me that he/ewe}-executed the same in his/ .her-'/kheiv authorized capacity4es), and that by his/lief/ 44eir signature* on the instrument the person4 or the entity upon behalf of which the person{r)-acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL SHAWN BLUME �' Co"�TAND 2f3272 IE NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY IUIy Comm. Expires June T, 2o04 This area far Official Notarial Seal 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Iiev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT n POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA IFIRST 333 BROOKLYN AVE NE OF ATTORNEY �TTLE, WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle, WA 98105 No. 9882 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint w►swrrrwswrsrr►►s+*r►s+s+*rwrr►+r►s+t►►+rsws►sr►r►*wss**s+rrSHAWN BLU1v1E; Riverside, CAIifOtniawr+rsws+s+r+•rs►wrsrrrssr+r►srrw+rrrrrsr+rs►►�rss►srwrr►ar+w+►r its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th R.A. PIERSON, SECRETARY CERTIFICATE day of June , 1999 U�4I&A64 W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this / `T day of 0— SEAL is \+ • R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 6/8/99 PDF Company Profile U Page 1 of 2 Company Profile i( ce Ins FIRST NATIONAL INSURANCE COMPANY OF AMERICA REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA SEATTLE, WA 98185 800-544-2614 Agent for Service of Process DAWN JEWORSKI, 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA 92708-4792 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 0163 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 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 glossaEy. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE http://160.88.209.44/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_EID=3075 1/23/2003 DEC-20-2M2' 17:45 HUNTINGTON BEACH 714 374 1573 P- 02/02 City of Huhfir ton Such Deparbneat of Public Works Pon Office Box 190 Huntington Beach, CA 9264g Subject: CartiScation of Compliance with Title VII of the Civic Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen; The undersigned, coatractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices, train=. watchmen and guards employed by him or by any rabeontractor performing work under the contract on the project have been paid %%Ses at rates not teas than those required by the contract provisions, and that the work performed by each such laborer, mecbania, apprentice or trainee conformed to the classifications sct forth in the contractor ttainiag program provisions applicable to the %Sage rate paid. Si"turn'ajid Tide sw e"Mom �l»:1r•.6i ri t. . TOTAL P.02 DEC -ZO-2002 17:45 HUNTINGTON BEACH 714 374 1573 P.01i02 DECLAR„ ATIM DF SATISFACTION OF CLAIMS state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in tho public a orka contract entitled %� t Sr 4 _ �� L / / ;—Z/ grid dated 2. All workers and persons employed, aU firms suppl3•ing materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following du a either disputed claims, or items in connection %%ith Notices to Withhold, which have been filed under the provisions of the statutes of the State of California:' (if none, state "NONE') ,�a,,7,e— post4r Fax Note 7671 wee 6- To �, C— Co- oeJDePL phone li ptrane� ax e 71 I declare under penalty of perjury that the foregoing is true and correct. Executed at QfAaf2= C o on dais 20 day of �De-c- _ , m4, (Signature of Contractor) gcciceshcon2 OFFICE OF THE CITY CLERK (CONNIE BROCKWAY. CITY_CLERK" LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: January 29, 2002 TO: Inspection Engineering Construction ATTENTION: Name 2973 Harbor Blvd: , : Suite 516 DEPARTMENT: Street Costa Mesa, CA 92626 REGARDING: Construction Contract City, State, Zip CC-1171 See Attached Action Agenda Item E-4 Date of Approval 11 / 19 / 01 Enclosed For.Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x _ RCA Deed Other CC: Name - Department RCA Agreement Insurance Other E. Charlonne DPW x x x bonds Name Department RCA Agreement Insurance Other S. Freidenrich Treas. x bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone: 714-536-5227 ) • • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSPECTION ENGINEERING CONSTRUCTION FOR INSTALLATION OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY (CC-1171) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 11 VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 [7 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSPECTION ENGINEERING CONSTRUCTION FOR INSTALLATION OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY (CC-1171) THIS AGREEMENT, made and entered into this 19th day of November 200 1 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and INSPECTION ENGINEERING CONSTRUCTION, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as installation of traffic signals at the intersections of Delaware and Garfield, Lake and Adams and Springdale and Slater (CC-1171) 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 01agree/traffic signal/12/6/01 • • shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern 01 agree/traffic signal/12/13/01 2 • 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 (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and -expense. Should there be -any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR'agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Eighty Thousand and Five Dollars and fifty five cents ($180,005.55), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01agree/traffic signal/12/6/01 3 • • within ninety (90) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do.all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and.CITY. forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and =proVisions of this Agreernent. CITY shall have complete control of the premises on which the work is -to he performed; and, shall have the right to decide the time and order in which.the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the. PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01agree/traffic signal/12/6/01 4 • • When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 01agree/traffic signal/12/6/01 9. WARRANTIES The 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor..and.not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages 01agree/traffic signal/12/6/01 6 • - • 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement),notify the DPW in writing of the cause of -the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 01 agree/traffic signal/12/6/01 • • 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for.:performance of any. part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 01 agree/traffic signal/12/6/01 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty. percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 01 agree/traffic signal/12/6/01 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. . 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 01agree/traffic signal/12/6/01 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said 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 insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a,certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 01agree/traffic signal/12/6/01 11 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; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy.is currently in.force; . - 3... shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01agree/traffic signal/12/6/01 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting... . costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documentspertaining to this Agreement shall be.delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 01 agree/traffic signal/12/6/01 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be enfitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder.. shall be delivered in person -or by . registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only,, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 01agree/traffic signal/12/6/01 14 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit"A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. INSPECTION ENGINEERING CONSTRUCTION Jamal Deaifi, sole proprietor REVIEWED AND APPROVED: City At6ifinistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST - City Clerk 0�-z9-02 APPROVED AS•TO FORM:., City Attorney �I b jj /0-0I � 1 (Z -0 el / D AND APPR ED: b rector of Public Works 01agree/traffic signal/12/6/01 15 4, ,� f t • SECTION C PROPOSAL for the Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater CASH CONTRACT No. CC-1171 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. L-ATINT A If awarded the Contract th•dersi undersigned agrees rees that in the event of the BIDDER'S default in g 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 d in the amount of $ oa 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 �1/va.•. /Lo it-c C-2 PROJECT BID SCHEDULE CC-1171 1 1 LS Install traffic signal at Springdale/Slater* @ .cam ej5t -- 4 Dollars $ e9l 3X $ A4, 8 Per LS 2 1 LS Install traffic signal at Adams/Lake* A..����.��..R..-. Dollars $ 3 SS� S� $Ore --S Per LS 3 1 LS Install traffic signal at Delaware/Garfield* Dollars $ 43, 4q?, $ 43 6 3 Per LS �N 4 1 LS Clearing and grubbing Dollars $ $ �� Per LS 5 65 CY Unclassified excavation . @ G' Dollars $ �6 $ S 606, Per CY 6 57 Tons Asphalt concrete @ 3 Do lars $ 12,0 ,a? $ 2 2 ro ' b �. -� �� C Per Ton C-2.1 • PROJECT BID SCHEDULE CC-1171 7 66 Tons Crushed aggregate base Dollars $p. Per Ton 8 55 LF Construct AC berm @ Dollars $ 3 4 1-0 /oa Per LF 9 1 LS Construct 4" PCC�C signal controller pad 0 "�-�✓r Dollars $ 57 $ � Per LS 10 11 ELT Install Type I slurry seal @ �T,.r.,rS� •.ram. Dollars $ ( Zq $ Per ELT Total Amount Bid in Figures: $ O p0 ,S Total Amount Bid in Words: 0,ne1,Ad v� t� a-•� Ste- e'm • *The City will provide traffic signal poles, safety lighting, signal heads and lenses, signs and some appurtenances (see plans) at no cost to the contractor. Contractor shall pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook 48 hours (2 working days) in advance for pick up at 714.536.5530. C-2.2 gIST OF SUBCONTRACTOR In accordance with Government Code Section 4104,-the Bidder shall set forth the name and business address .of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number /1 Ail C By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 ONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange V/` 04A L D e� / F , being first duly sworn, deposes and says that he or she is DcvoV of 2-- C -- 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. Name of Bidder Signature of Bidder Z a :?-3 -F I 4p=- 'c / C as -1—A+'g,> o ya 9Zl�G Address of Bidder Subscribed and sworn to before me this 7-7 day of NOTARY PUBLIC ARY SEAL cc J- , 2000L LISA WILCOX COMM. #1231439 a NOTARY PUBLIC - CALIFORNIA m ORANGE COUNTY CO 01MY Comm. Expires Aug. 7, 2003 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 Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: oby_',&(. -r: c `G Contractor z)��f} i By Title 6'��aew C-5 r i , DIS ALIFICATION 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 COMPIPSATION INSURANCE CERT9ICATE 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: Z % o r.E- c Contractor By Title /I0-V C-7 U DERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name z O P3 T 10- 5-76 Business Address ADS zg:Cf, GA 61Z6?e City, State Zip ()Z4d-%Z Telephone Number State Contractor's License No. and Class UO% L¢/ 99 Original Date Issued ;(pj/ Zo63 Expiration Date The work site was inspected by Al AL- of our office on o , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned isprepared�o satisfy the Council of the City of Hun in ton Beach of its ability, g Y g Y 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 Printed or Typed Signature Subscribed and sworn to before me this ZJ- day of oc l-- , 200o(. NOTARY PUBLIC .Y SEAL LISA WILCOX d COMM. #1231439 d' NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY C11 My Comm. Expires Aug. 7, 2W3 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: 2. 3. .�e'r '-4ac'�-J. 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 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 Date Completed C-10 'R�TIA�O�I�L��Y�ET BID BOND KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION of 2973 HARBOR BLVD. SUITE 516, COSTA MESA, CA 92626 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE CON"PANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of N-Vashington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAL VARIOUS LOCATIONS NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance: of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 25th day of OCTOBER 2001 Witness S-3208/EP 7/94 INSPECTION ENGINEERING CONSTRUCTION (Seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By �4� SHAWN BLUME Attorney -in -Fact POWER MLIRST NATIONAL INSURANCE COMPANY OF AMERICA 3 BROOKLYN AVE NE OF ATTORNEY TILE, WASHINGTON 98106 4333 Brooklyn Avenue N.E. Seattle, OVA 98105 No. 9882 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Riverside, its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8Ql day of June 1999 _6�v k� 146116w� R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL i 0 1928.Z:1.93� this X+k day of D ;?oo I R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 6/8/99 PDF STATE OF COUNTY OF CALIFORNIA RIVERSIDE On [0/as d� - , before me, PERSONALLY APPEARED SS. R. STANDLEY personally known to me (a- • Qd t^ ^, ^ }h^ris-e€ to be the person(( whose name(9j- is/.a�a subscribed to the within instrument and acknowl- edged to me that he/sl @,14 executed the same in his/ authorized capacity4es), and that by his/hef'/ 4heir signature(e} on the instrument the person4or the entity upon behalf of which the person(&tcted, executed the instrument. WITNESS my hand and official seal. g / Si nature OPTIONAL SHAWN BLUME /,.�".-...., R. STANDL.EY COMM. #1263272 � ` NOTARY PUBLIC -CALIFORNIA y \ RIVERSIDE COUNTY - .ems My Comm. Expims Juno 7, 2004 This area for Official 1\Totarial Seal 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-os, Rea.6/94 ALL-PURPOSE ACKNOWLEDGEMENT City_ Person to contact Project Amount Complete Anaheim Mr. Ken Riggins Traffic Signal / $130,000 10/25/00 (714)-376-6744 Street Light/ Interconnect Hermosa Mr. Homayoun Behboodi Traffic Signal/ $164,000 6/l/00 Beach (310)-318-0212 Interconnect Tustin Mr. Doug Anderson Traffic Signal $98,000 10/1/00 (714)-573-3172 Irvine Michael Pinsoneault /10 Traffic Signal/ $75,000 1/25/01 (949)-724-7562 wl C.,Interconnect Fullerton Karen Kobayash Street Light $115,982 6/1/01 (714)-738-6867 Orange Dennis Schmitz Traffic Signal $199,000 8/5/01 (714)-532-6427 Fountain Mr. Jose Alir, P.E. Traffic Signal $430,000 In Progress Valley 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 a, �■"• i DATE (MMIDDIYY) 1215/01 THIS CERTIFICATE IS SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PRODUCER FARMERS* Dalati s Insurance Agency License #0768138 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A FARMERS INSURANCE COMPANY (714) 956-2222 • Fax: (714) 956-2434 CODE 791 S. Brookhurst • Anaheim, CA 92804 INSURED INSPECTION ENGINEERING CONSTRUCTION COMPANY B JAMAL DEAIFI 01 Gvir 3776 MESA VERDE DR #M103 v^K\T FLt" COSTA MESA, CA 92626 IN 000.91�, COMPANY C COMPANY D �v'S`{`•`: Q` - �SRaa:a THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE aFOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM1DD/YY) POLICY EXPIRATION DATE(MM(DDIYY) LIMBS GENERAL LIABILITY GENERAL AGGREGATE - $ 1,000,000.00 PRODUCTS - COMP/OP AGG s 1,000,000.00 A ® COMMERCIAL GENERAL- LIABILITY 015690 02 91 6/14101 6114102 PERSONAL 8 ADV. INJURY 1,000,000.00 A c a , LMMS MADE ®OCCUR. EACH OCCURRENCE 1,000,000.00 A OWNER'S 8 CONTRACTOR'S PROT. FIRE DAMAGE (Any one Fire) 75,000.00 MEO EXP (Any one Person) $ 5,000.00 A AUTOMOBILE LIABILITY ANY AUTO 015690 02 91 6/14/01 6I14/02 COMBINED SINGLE LIMIT $ 1,000,000.00 BODILY INJURY (Per Person) $ A A El ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ A A ® HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHANAUTOONLY: ^@,z , a,o�;`�aiavi \z? h$ EACH ACCIDENT AGGREGATE $ \ „ EXCESS LIABILITY 1 1 V L 1a. a � GAII, �2' l �i� , City C .�-. �` oy Attrne EACH OCCURRENCE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM By: Deputy Cit3 Attorney AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE -: _ . IN RED R > Q" - ::,i:: C ;'•; {. ! A I { �A� 'W, F") 5TATLITORY M1 EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE- EACH EMPLOYEE $ La OFFICERS ARE: EXCL OTHER A OTHER LEASED/RENTED 016690 02 91 6/14/01 6/14102 LIMIT 1,760,000/ ANY. -_ ONE ITEM j CONTRACTORS EQUIPMEN 750,000 DED. 7600 i I DESCRIPTION OF OPERATIONS/LOCATKNISNEHICLESMPECIAL ITEMS j CITY OF HUNTIONGTON BEACH ADDITIONAL INSURED AND CERTIFICATE HOLDER I 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 COMPANY V49SV411FAW W MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE l`JJb IZ) 104+ rraur �.r�J• ..�.�.... �, • �. .. -- — . Additional Insured - Owners, Lessees or Contractors (Form 8) CG 20 10 11-85 u oo, Policy Amendment General liability Vul-� FiLIF J'1zCO3 INSPECTION ENGINEERING POLICY NUNt6ER. 015690 02 91 CONSTRUCTION ',GUCER: DALATI' S INSURANCE WENCY FFFFC:TIVE GATE: 12/20/01 SCWEDUL.E ne Of Person Or Organization: CITY Cr- HUNTINGTON BEACH ITS AGENTS, OFFICERS ANO EMPLOYEES r. o. oox i so HUNTINGTON BEACH, CA 92648 .40 ENTRY APPEARS ABOVE. INFORMAVIDN REQUIRED TO COMPLETE THIS ENOORScMENT Wlt l BE AWN IN THE OECLARATIO.1,IS AS APPUCABLE TO THIS ENOOPSEMENT.) ;O "IS ANANSURED (Section I!) is amended to -iri- liability arising out of your work for that insured by de as an insured the. person or organization or for you.- Dwn in the Schedule. but on,y with .respect tb ----- --_— -- _ FARMERS' Dalati's Insurance Agency License #0768138 (714) 956-2222 • Fax: (714) 956-2434 791 S. Brookhurst • Anaheim, CA 92804 PRIMARY INSURANCE ENCOR3E :'ANT It is agreed that such insurance is afforded by this policy for the benefit of INSPECTION ENGII�EER�NG �Pa� Cox ��I,,.f IfCsutxontractow's c+perations cr by shall be prmary as respects any c aim, css o + r� RJ „ "its indepeneent contractors and any other insurance maintained by ti-e above referenced addit,oral insureds .-shall be non-Conlnbutory wrth th3 insurance provldeo hereunder. 4. Jcb: SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS PROJECT # 1171 TrMs Fufrl rnu5t " aaachea :o Cnange Erae.;crosr.+ wnrr ;; Ev .'•e Policy is wr*- Ot+E CP ?HE FIR"FMAN'S FUNC INSURAtIC£ C0mgAN1:$ ���.:£� :v "y=_ PoL;CY APPROVED AS TO FORM: GAIL HUlTOIT, City Attorney BY: Deputy City A :.torneY • �- K �fLymz • L_J 1/1% M�y}�MA;r iuR, iMrq►�u�CVJT.r1,��LCy�ytri� or THE 341 WE C= DRM A, O. WX 141711. f \i Ca ORANCZ , CA 92613-1571 C.(ARK OF rH6 SUPERIOR COURT AUGUST 1, 2001 Y MAW 'm !?ry1callst jm CLM OF tPliR WARWaE Com Ill im Fm CkF!''.iC.iAi. CY131'WM IN • WO ;>1W'>k O OV M WPM= CMM,, MUM t3'A' CUM, I?-"= 05',CA►L,XFCRM. D ► vmmM. csurm TWO, , : +LCME+StA"«$ Yam ce IMi'.t 7 3t$ ' 'i . f ':'1"�7 To 7'RA335 m //Eyy��..1'R��Ity��Sp�t'�cT7i�V��FJyt���Jm = 21" i�'til'pi'��re pus�y' /= TO wzs �y�AyT,I �r U 13Y = :t�l aa4m VR+i7l7.tiw70iCtWAt/ IS cp rnla M ip+M h7A:.1.�rT.uw �/1�+tr ,4`�i�f�+��` �yC Yt`"��i��ii� Yb ;tfa��l wT'����°, :tv�'!�` )a cW °.5^1, IvE MMW AL�'1' 9D TO °Mid, .Etl�" M AiD M ".hi IMA IN WrMW/ �M�U� YACp 2 ^�AVIAA q�1�j�to ai7�f MY Iij�tRg1+p��AN�/Y AWF�J3= M:i1 /Y�}G�V1Y�jOF�/�pFW So V IIW W�Ad• � *iYi� IMAI 7 c cuvmm IN ANF, A���. � w_ � OF �J.Y�{`I�7Oi. AM CCrMit- OF IM NOS= COW O' � BTAW, Of CAL A yr Lt DA C. WALLACE • V -rY O F' CLERK OF THE SUPERIOR COURT CERTIFICATE OF rAC:r.' DATE JULY 13, 2001 ri: N:v ZA ATY:: , L-%E=II/E OFFICER AND OF TFE SUPERIOR COURT ORANGE COUNTY SUPERIOR COURT PROBATE COURT OPERATIONS 341 THE CITY DRIVE P. O. BOX 14171 ORANGE, CA 92613-1571 TEE COUNTY OF ORANGE., STATE OF • • • HEREBY CERTIFY THAT I AM THE OFFICIAL CUSTICIDIM OF H• a•• • • OF HE SUPERIOR COURTs COMMOF ORANGE: �t OF -4I _s I DO ETHMM CERTIFY THAT A COMPLETE LIST OF ALL INSURERS ADMITTED TO 'TRANSACT SURETY INSURANCE IN THIS STATE, AS CERTIFIED TO THIS DEPARTMENT BY THE INSURANCE COMMISSIONER, IS ON FILE IN THIS OFFICE. FIRST NATIONAL INSURANCE COMPANY OF AMERICA IS ON THE LIST AS ONE OF THE INSURERS ADMITTED TO TRANSACT SURETY INSURANCE IN THE STATE OF CALIFORNIA. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE SQPMOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE. �• :nay• • M.�1• !� •I iA• ' • -il v• • al• •'• •• •�1 OF THE STATE OF CALIFORNIA l LIMA C. WALLACE FROM IEC FAX NO. : 7144347719 Jan. 07 2002 01:35PM P2 2 3- POUCYHOLDER COPY SI'ATr= P.O. BOX 420807, SAN FRANCISCO, CA 9042-0807 COMPENSATION INSURANCI FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ,Y;WUARY 8, 2002 CITY OF ANAREIM DEPT OF BUILDING & SAFETY SUITE 1e3 P 0 BOX 3342 1 AMMIM CA 92803 GROUP: 000229 POLICY NUMBER 7993-2001 CERTIFICATE ID: 20 CERTIFICATE EXPIRES: o1-of-100; 01-o1-tool/o1-o0.-aooz This Is to certify that we have issued a valid Worker's Compbnerlon Insurance Policy In a form approved by the Cel6omra lnsurenee Colrtmissioner to this employer named below for the pulley period indicated. This policy is not subjectto carwelleVon bythe Fume except upon 30 days advance written natice to the employer. We win also give you 30 days advance notica should this policy be cancelled prior to its normal axpirston. ThceRhle9te at Insurance is not an irlsurenca policy and does not around e4ond or alter the coverage afforded by the po lcles Ilated therein. Ww0standing any requirement, term or condhion a any contract of Othar Occurnenl with respect to whlch this certificate of insurance may be Issued or mmaayy pertain, the lnvo ance afforded by the policies described herein is auoJectto all the terms, exclusions. and conditions, ofsuch policies, 7 7�^� , - - - , eG AUTHCRM PIPRUESTATIVE rRrAlow SMPLOUR'G LIABILIT`? LIMIT INCLUDING DEeEN83 COSTS: $1,000,000 PER OCCURRENCE ENDOR8EMENT 42063 BYT%TLBD CIRTIVIC.ATE HOLDERS' NOTICE $FFECTIVE 01-01.2001 IS ATTAC2111D TO AND FORMS A PART OF THIS POLICY. AppROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Att/,, orne., G2" 11"'t L CMPL&MA LrJTZ, THOMAS E. 1218 PAW= ST SANTA RNA CA 92702 Bair 102119 EePFUI: MG I y 4333 Brooklyn Avenue N.E. Seattle, WA 98105 LABOR AND MATERIAL PAYMENT BOND Bond No. 6122523 Conforms with The American Institute of Architects PREMIUM INCLUDED IN PERFORMANCE A.I.A. Document No. A-311 BOND EXECUTED IN TRIPLICATE THIS BOND IS ISSUED SIMULTANEOUSLY 4:11TH PERFORMANCE BOND IN FAVOR OF THE COMER CONDITIONED ON THE FULL ARID FAITHFUL PERFOWAANCE OF THE CONTRACT KNOW ALL BY'111ESE PRESENTS: that INSPECTION ENGINEERING CONSTRUCTION 2973 HARBOR BLVD. STE 516 COSTA MESA, CA 92626 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA 2677 N. MAIN STREET SUITE 600 (Here insert full name and address or legal title of Suraty) SANTA ANA, CA. 92705 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here Insert full name and address or legal title of Owner) 200 MAIN ST. HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED EIGHTY THOUSAND FIVE AND 55/100 — — — — — Dollars($ 180,005.55 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firnily by these presents. WHEREAS, Principal has by written agreement dated N/A , entered into a contract ,i;vith0l"Merfor TRAFFIC SIGNAL MOD. AT DELEWARE/GARFIELD, LAKE/ADAMS, AND SPRINGDALE/SLATER. CASH CONTRACT NO. 1171 (Here insert full name. address and description of project) in accordance xvith Drawings and Specifications prepared by (Here insert full name and address of legal title of Architect) N/A which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S•122a/FNEF 2/98 Page 1 of 2 0 Registered trademark of SAFECO Corporation. STATE OF COUNTY OF CALIFORNIA SS. On o1e),O/ o f , before me, R. STANDLEY RIVERSIDE PERSONALLY APPEARED personally known to me c,-r ^r.Q •@ I tQ -- ^^ "- }:.E ^.-:a^^^^` to be the person((,) whose names} is/ate subscribed to the within instrument and acknowl- edged to me that he/ -executed the same in his/ .h•�rri 4ii authorized capacity4es), and that by his/kef-/ -their signatures} on the instrument the person44 or the entity upon behalf of which the person(&cted, executed the instrument. WITNESS my hand and official seal. Signature g —� OPTIONAL SHAiAN BLUME -;� R. S:ANDLEY _ Gn": NP. #1263272 m NOT.SF.:+r4D�!' - CALIFORNIA q ? t.; R:%,ERSIDE COUNTY F.7y Coac:. ^cxp!r s Juna 7, 2QL'4 This area for Official Notarial Seal 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) , DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT e 4333 Broo<l;n AvenueN.E. S&nftle, VIA 98105 PERFORMANCE BOND Confouns with Ttt= A=ric an Instftu!c of Arehiicct-c A -LA. document No. A3tt 12vTOW ALL BY THESE PRESENTS: that INSPECTION ENGINEERING CONSTRUCTION 2973 HARBOR BLVD. STE 516 COSTA MESA, CA 92626 Bond No. 6122523 PREMIUM: $3,700.00 EXECUTED IN TRIPLICATE (Nett 1,,isen full nsrK and sddrn:s orls-gu) :i 13 orcontr2c < 2s Principal, her-einaftcr tailed Contractor, a-nd, FIRST NATIONAL INSURANCE COMPANY OF AMERICA 2677 N. MAIN STREET SUITE 600 (Here insert full come and ziddrees or lags! tills cKSureV, SANTA ANA, CA 92705 as Surety, he)-cinaft: r called Steely, are held aittl firmly bound into CITY OF HUNTINGTON BEACH (Here insert ru!t name and addrers or legal Iltle ao%nar) 200 MAIN ST. HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED. EIGHTY THOUSAND FIVE AND 55/100 — — — — — — — — — — — - — — — — — — — — — — — — — — Dollars (S 180,005.55 - — — ). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, st:eccssors and, assi m, jointly and severally, finely by these presents. V,!M- REAS, Contractor has bS R'rittcn agreement dated N/A entered into a eonmact , uithOtrmrfor TRAFFIC SIGNAL MOD. AT DELEWARE/GARFIELD, LAKE/ADAMS, AND SPRINGDALE/ SLATER. CASH CONTRACT NO. (Ner3 insert full na.'na, address and dezcr : t:on of Fro!e -:) 1171 in accordance with Drawings and Specifications prepared by (.Mere Irmert full rant an' Pddn=:s er ley l it!a o'. /4cF.ilc1) N/A t+'h Gh con=r :t is by =1creace made a pa:1 b reo1 and is hereinart-r refa ad to as the Contract. S-t�;g;FVcFZ/85 Fag? I cf 2 0 R_gist_red tr_demsrk of SArECO Co ,r-�.-2'�4'+• STATE OF COUNTY OF CALIFORNIA RIVERSIDE SS. On 1rg1 ao1.0) before me, R. STANDLEY PERSONALLY APPEARED personally known to me (or prQu6i l tQ ^-- on 0,'- > sis Af i&i; ^` to cbe the person(7} whose name(,3 - is/aa subscribed to the within instrument and acknowl- edged to me that he/--`. 1,executed the salve in his/ .hQr.�ie� i authorized capacity(, and that by his/kei-/ ,4 4heir signature(e+ on the instrument the personor the entity upon behalf of which the person -Acted, executed the instrument. WITNESS my hand and official seal. Signature �t�4 OPTIONAL SHAWN BLUME a R. �IDI.EY COMAPA. #1263272 N cNc = 'j NOTARY PUBLIC _ VWFORNIA l Kl°OcZS;DECOUNTY �..:,,,.:r, I,py Ccmm. Fx;:iros Jure 7, 2GW This area for Official Notarial Seal 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 ❑ CORPORATE OFFICER TITLE(S) - ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) , DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID•081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER RST NATIONAL INSURANCE COMPANY OF AIMERICA 33 BROOKLYN AVE NE OF ATTORNEY WATTLE, VJASHINGTON 98105 4333 Brookh•n Avenue N.E. Seattle, WA 98105 No. 9382 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ######a#t####Y#####4###*########Y# }##################*####'SHA\bN BLUL\4E; Riverside, its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 801 day of June 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL �*l 1928 this '9 0 /� day of 494to t" , Qm/ R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 618199 PDF • - - kJl) DPI Council/Agency Meeting Held: Deferred/Continued to: A proved ❑ Condi nally Approved ❑ Denied - ity Cle k' Signature Council Meeting Date: 11/19/01 Department ID Number: PW 01-135 x CITY OF HUNTINGTON BEACH o o REQUEST FOR COUNCIL ACTION z: SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 0 DO SUBMITTED BY: RAY SILVER, City AdministratoraAd . '' PREPARED BY:g5 ROBERT F. BEARDSLEY, Director of Public Works a SUBJECT: Award Contract for Traffic Signals at Delaware Street/Garfield Avenue, Springdale Street/Slater Avenue, and Lake Street/Adams Avenue; CC-1171 F tatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Formal bids were received on October 30, 2001 for the Construction of Traffic Signals at Delaware Street/Garfield Avenue, Springdale Street/Slater Avenue, and Lake Street/Adams Avenue; CC-1171. Staff is recommending award to the lowest responsive/responsible bidder. Funding Source: Funds in the amount of $207,005.55 are budgeted in the Air Quality Fund, Traffic Signals Account No. 20190007.88210, ($197,400) and Measure M, Traffic Signals Account No. 21390007.84400, ($9,605.55) Recommended Action: Motion to: 1. Accept the lowest responsive/responsible bid submitted by Inspection Engineering Construction and authorize the Mayor and City Clerk to execute the approved construction contract for the Construction of Traffic Signals at Delaware Street/Garfield Avenue, Springdale Street/Slater Avenue, and Lake Street/Adams Avenue; CC-1171; and .2. Authorize the Director of Public Works to expend up to $207,005.55 for the project, including $180,005.55 for the contract; estimated contingency of $18,000 (approximately 10% of construction); and $9,000 for supplemental expenditures. Alternative Action(s): Reject all bids and direct staff to pursue alternative action. Failure to award the contract by the City Council will delay addressing the top locations identified in the most recent Traffic Signal Priority List. AUEST FOR COUNCIL ACT MEETING DATE: 11/19/01 DEPARTMENT ID NUMBER: PW 01-135 Analysis: At the November 6, 2000 City Council meeting, Council adopted the 2000/2001 Traffic Signal Priority List (Attachment 1). Funding is available to install traffic signals at the top three ranked intersections: Delaware Street/Garfield Avenue, Springdale Street/Slater Avenue, and Lake Street/Adams Avenue (Attachment 2). On July 16, 2001, City Council authorized the Director of Public Works to receive bids for the traffic signals. On October 30, 2001, 2 bids were received and publicly opened by the City Clerk, as follows, in order of least dollar amount: Contractor Bid Amount Ranking Inspection Engineering Construction $180,005.55 1 Baxter -Griffin Co., Inc. $203,404.00 2 Staff has reviewed the bid documents, checked references and recommends award of the contract to Inspection Engineering Construction as the lowest responsible/responsive bidder. Equipment and materials for the project will be purchased by the City through the approved process. This method provides a cost savings and ensures a product that is consistent and compatible with existing equipment. Compatibility is essential for maintenance purposes. The budget for the estimated contingency is $18,000 or approximately 10% of the total cost of construction work. These funds will be used only in the event that unforeseen field conditions warrant the expenditure. Prior budget authorization is necessary so that construction will not be delayed. Project supplemental costs are estimated to be $9,000 or approximately 5% of construction costs. Funds are budgeted in the event that the City requires independent testing, printing and other miscellaneous costs that might arise throughout the course of the project. City Staff will provide construction management and inspection services. The total cost of the project is as follows: Construction contract (Inspection Engineering Construction) $180,005.55 Contingency $18,000.00 Progect supplemental costs $9,000.00 TOTAL $207,005.55 Public Works Commission Review: The Public Works Commission reviewed and approved the Traffic Signal Priority List on October 18, 2000 by a vote of 7-0. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). GAR C A\2001\01-135 Nov 19 Kato (CC-1171 award traffic signals).doc -2- 11/8/01 4:27 PM ^UEST FOR COUNCIL ACT MEETING DATE: 11/19/01 DEPARTMENT ID NUMBER: PW 01-135 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). Attachment(s): RCA Author: KATO GAR C A\2001\01-135 Nov 19 Kato (CC-1171 award traffic signals).doc -3- 11/7/01 4:03 PM ATTACHMENT 1 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT PROPOSED 2000/01 TRAFFIC SIGNAL INSTALLATION PRIORITY LIST (10100) RANK INTERSECTION WARRANT 1 MIN. VOLUME WARRANT 2 INTERRUPTION WARRANT 5 PROGRESSION WARRANT 6 ACCIDENTS WARRANT 7 SYSTEMS WARRANT 9 4 HOUR VOL. WARRANT 11 PEAK HOUR VOL TOTAL CORRECTABLE ACCIDENTS 1997-1999 1 Garfield @ Delaware Yes Yes Yes Yes Yes Yes Yes 10 2 Springdale @ Slater Yes 80% Yes Yes Yes Yes Yes 8 3 Adams @ Lake Yes Yes Yes No Yes Yes Yes 4 4 Heil @ Graham Yes Yes Yes No Yes Yes Yes 4 5 Ellis @ Delaware Yes 80% Yes No Yes Yes Yes 3 6 Beach @ Taylor (South) Yes Yes Yes No No Yes Yes 11 7 Newland @ Hamilton Yes No Yes No Yes Yes Yes 7 8 17 In @ Palm 80% Yes Yes No Yes Yes Yes 5 9 Edinger @ Saybrook Yes No Yes No Yes Yes Yes 1 10 Heil @ Algonquin Yes No Yes No Yes Yes Yes 0 11 Slater @ Nichols No Yes Yes No No Yes Yes 4 12 Magnolia at Moorpark/Seahurst No Yes Yes No No Yes Yes 2 13 Bolsa Chica @ Pearce No Yes No No No Yes Yes 6 . 14 Goldenwest @ Deep Harbor No Yes No No No No Yes 2 15 Goldenwest @ Orange No 80% Yes No Yes No No 1 16 Adams @ Ranger No 80% Yes No No No No 5 17 Graham @ Research No 80% Yes No No No No 4 18 17 111 @ Adams No No No No No No Yes 3 19 Goldenwest @ Rio Vista No No No No No No Yes 2 20 Bushard @ Banning No No Yes No Yes No No 1 21 Springdale @ Talbert No No Yes No Yes No No 0 22 Graham @ Slater No No Yes No Yes No No 0 23 Adams @ Lawson No No Yes No No No No 2 24 Edwards @ Varsity/Central Park No No No No No No No 3 25 Center @ Huntington Village No No No No No No No 2 26 Seapoint @ Doral No No No No No No No 1 27 17 @ Orange No No No No No No No 1 28 Graham @ Meadowlark No No No No No No No 0 29 Graham @ Glenstone No No No No No No No 0 G:ENG\BROHARD\WORD\CHB TRAFFIC SIGNAL PRIORITY LIST ATTACHMENT 2 :e7flr�iiitiTi7rIril II OWN ICrT 1 r%n A TI r%Kl PROJECT LOCATION CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING VICINITY MAP TRAFFIC SIGNAL INSTALLATIONS SHEET 1 OF 1 RCA ROUTING AiEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Traffic Signals , CC-1171 COUNCIL MEETING DATE: I November 19, 2001 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 Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff I 1 ( ) ( ) Assistant City Administr for (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) 7e. A" EXPLANATION FOR RETURN OF ITEM: �T N 1 i;­; 4.fl etion Engineering Construction 4 —.3,F I%-, v;a, T I. .-4� 1i 0. 1.; 09: ` 1. Ii! i j, 2775 Mesa Verde Dr E 'r . . . ..... suit M103 2. 1 i. rWl c 1 �T, JIA, E?R K`�'z` 'cliV Costa Mesa, Ca 92626 '0, Fl it j; -IN, r - il NI al, 1V IN iyul if q!:" A- .. .. .... .. i, rl �V LIZ. A 4. j .. ...... .... t CW"! I.! ta t� Y: ,;k If;: F .31 I iN, ;.I ;.I, I- "Zv I Ni. IT ..... ....... ..... T WWR .411 11 LAP- t�.. V-1 IT lj� Ni lit Y-10 1��, 141h V111­1;.�,'144 1, '31-j.r..,­!�. i v tI lr� I I it; i :I. . Pj !m j:� .j'g A., LI !A CZ if j!, T,4 A -4,0�4 i . 't, Orl. 7 1' 1 1 d ji IT - it e. , , Gil it W r. i�j j 1 T VI . gi. - , , ,7 1 . i , . , - I . i -, '. ';,'. 1 1", P t -:4.1 Y P i LK .1; A." i-t "I'l-, :L11, J, � I I'll . . 2. ri" !0 R' Nl_ T ITI 4�&; 4 41,? cl CLERK( CY OF HUNTINGTOITN BEACH, CA 100.1 OCT 30 P 2. 01 bS :1 d OE 130 1001 VD'HOVIG NOIONIINnH JO A113 AM �91 /11 COPIES TO: Front Desk Engineer City I g ty Clerk CC-1171 TRAFFIC SIGNALS AT DELAWARE/GARFIELD LAKE/ADAMS 4 SPRINGDALE/SLATER o o BID DATE. OCT. 30, 2001 @ 2PM cD (Engineer's Estimate: $183,600) N BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. AXTER-GRIFFIN CO. $ )-0 3 0 "1' t�,� $ 2. EXCEL PAVING COMPANY $ 3. F. J. JOHNSON, INC. 4. I.E.C. I $ IV QD� 5. L. A. SIGNAL, INC. 6. TESCO CONTROLS, INC. 7. $ 8. 9. 10. 11. G\BID LIST 0 • PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal. clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, ' County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: October 4, 2001 October 11, 2001 October 18, 2001 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 18 2001 at Costa Mesa, California. I Signature .CITY C 'LERK CITY OF HUNTINGTON BEACH, CA 2001 OCT 22 P 3* 0 1 • SECTION A NOTICE INVITING SEALED BIDS for the Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater CASH CONTRACT No. 1171 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on October 30, 2001. 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 $25.00 nonrefundable fee if picked up, or payment of a $35.00 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. to _ ►8 A-1 The bid must be accompanied by a certified check, cashier's check, o'r 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 16th day of July 200 1 . Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 ,.,> - - - 0 0 0 SECTION A NOTICE INVITING SEALED BIDS for the Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater CASH CONTRACT No. 1171 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HE BY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bid or the above stated projects and will receive such bids in the office of the City Clerk, Secon loor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on Octo er 1 01. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and cuments are available from the Office of the Director of Public Works, 2000 Main Stre on Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or pa ofA $35.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice Nl'nc rate the provisions of the State Labor Code. Pursuant to the provisions of the Laf the State of California, the minimum prevailing rate of per diem wages for each cr , classification or type of workman needed to execute the contract shall be those determined b&the Director of Industrial Relations of the State of California, which are on file at the Office oft a Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress paym ts. The Contractor may substitute an escrow holder surety of equal value to the retention in ac ordance with the provisions of the California Government Code, Section 4590. The Con ctor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises ill be afforded full opportunity to submit bids in response to this notice and will not be discrimi ated against on the basis of race, color, national origin, ancestry, sex, or religion in any considerati n leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in with the Instructions to Bidders. A-1 The bid must be accomnand by a certified check. cashier's check. or idder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful b' der shall be licensed in accordance with provisions of the Business and Professions Code and sha ossess a State Contractor's License Class at the time of the bid opening. The successful Col for and his subcontractors will be required to possess business licenses from the AGENC . The AGENC eserves the right to reject any or all bids, to waive any irregularity and to take all bids under advis6knent for a maximum period of 60 days. BY ORDER of the CRY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16th day of Illy 200 1 . Attest: Brockway CLERK OF THE CITY OF HUNTINGTON BEACH A-2 MOCITY OF 0 HUNTINGTON BEACH ysu-Q n 2000 Main Street CD CO P.O. Box 190 }:z C) Huntington Beach, CA 92 64 8 ~ o Z o � N LETTER OF TRANSMITTAL Attention: Mr. Jemmy Hughes To: City of Huntington Beach, City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 ® We are sending you ❑ By Fed Ex ❑ We are hand delivering ❑ Prints ❑ Other: FAX 714.374.1573 Date: September 20, 2001 Project/CC No.: Traffic Signals (a, Delaware/Garfield ❑ Plans Lake/Adams, and Springdale/Slater 1171 Subject: Notice Inviting Sealed Bids --Itlaniwr Copies P::.ages - Description 1 1 2 Notice Inviting Sealed Bids for Traffic Signals at Garfield/Delaware, Lake Adams, and Springdale/Slater These are transmitted as checked below: ❑ For approval ® For your action ❑ As requested ❑ For review/comment ❑ Other: Remarks: Attached for your use is one copy of the Notice Inviting Sealed Bids for Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater, Cash Contract No. 1171. Please advertise the subject project as required to meet the October 16, 2001 bid opening date. Please call me at 714.536.5214 if you have any questions. cc: By: Doug V o, Principal Engineer HAKATOD\ 1 171 \NOTICE INVITING SEALED BIDS TO CITY CLERK.DOC 9 R. WY OF HUNTINGTON BEA /n' MEETING DATE: July 16, 2001 DEPARTMENT ID MBER: PW 01-095 Council/Agency Meeting Held: Deferred/Continued to: •k proved ❑ Conditionally Approved ❑ Denied � • y Cie 's Signature Council Meeting Date: July 16, 2001 Department ID Number: PW 01-095 CITY OF HUNTINGTON BEACH o 0 REQUEST FOR COUNCIL ACTION r- 1 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Q- SUBMITTED BY: RAY SILVER, City Administrato ?b D �o REPARED BY:OBERT F. BEARDSLEY, Director of Public Works SUBJECT: Authorize Advertisement for Construction of Traffic Signals at Garfield/Delaware, Lake/Adams and Springdale/Slater (CC-1171) Pfw Pf"rl m c) X--<nr^ co o r—:, E rn�m� > �o Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The current budget includes the installation of three new traffic signals from the Traffic Signal Prioirity List. Plans and specifications are complete and City Council authorization is required to advertise the project. Funding Source: Funds in the amount of $340,000 are budgeted, $205,000 in the Air Quality Fund (20190007.88210) and $135,000 in Measure M (21390007.84400.) Recommended Action: Motion to: 1. Approve plans and specifications and authorize the Director of Public Works to advertise for Installation of Three Traffic Signals, CC-1171; and 2. Approve the attached Sample contract subject to award of the contract to the lowest responsive/responsible bidder; and 3. Authorize the Director of Public Works to expend up to $130,000 for direct purchase of equipment. Alternative Action(s): Do not approve plans and specifications and pursue alternative action. Failure to approve plans, specifications and estimates by the City Council will delay addressing the top locations identified in the most recent Traffic Signal Priority List. Analysis: The Public Works Commission reviewed and recommended approval of the Proposed Traffic Signal Priority List on October 18, 2000. At the November 6, 2000 City Council meeting, Council adopted the 2000/2001 Traffic Signal Priority List (Attachment 1). Funding is available to install traffic signals at the top three ranked intersections: Garfield ' \ 01-095 July 16 Stachelski (Signal Improvementsl) -2- 7/5/01 12:19 PM /\ AUEST FOR COUNCIL ACTIS MEETING DATE: July 16, 2001 DEPARTMENT ID NUMBER: PW 01-095 Avenue/Delaware Street, Springdale Street/Slater Avenue, and Adams Avenue/Lake Street (Attachment 2). Staff has prepared detailed plans and specifications for the installation of traffic signals at all three intersections. The design process included a detailed review of operational requirements to address existing accident patterns, existing improvements and geometric conditions. The signal equipment and materials will be purchased separately to insure compatibility with existing systems. Plans, specifications and other bid documents are available for review from the Public Works Engineering Division. Public Works Commission Review: The Public Works Commission reviewed and approved the Traffic Signal Priority List on October 18, 2000 by a vote of 7-0. Environmental Status: This project is- categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). Attachment(s): 1 2000/2001 Traffic Signal Priority List 2 Project Location Map 3 Sample Contract RCA Author: Bob Stachelski:jm GAR C A\2001\01-094 July 16 Stachelski (CC1107 Plan and Bid approval).doc 01-095 July 16 Stachelski (Signal Improvements[) -3- 7/5/01 1:05 PM 0 • ATTACHMENT #.l CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT PROPOSED 2000/01 TRAFFIC SIGNAL INSTALLATION PRIORITY LIST (10/00) RANKE INTERSECTION WARRANT 1 MIN. VOLUME WARRANT 2 INTERRUPTION WARRANTS PROGRESSION WARRANT 6 ACCIDENTS WARRANT 7 SYSTEMS WARRANT 9 4 HOUR VOL. WARRANT 11 PEAK HOUR VOL. TOTAL CORRECTABLE ACCIDENTS 1997-1999 1 Garfield @ Delaware Yes Yes Yes Yes Yes Yes Yes 10 2 Springdale @ Slater Yes 80% Yes Yes Yes Yes Yes 8 3 Adams @ Lake Yes Yes Yes No Yes Yes Yes 4 4 Heil @ Graham Yes Yes Yes No Yes Yes Yes 4 5 Ellis @ Delaware Yes 80% Yes No Yes Yes Yes 3 6 Beach @ Taylor (South) Yes Yes Yes No No Yes Yes 11 7 Newland @ Hamilton Yes No Yes No Yes Yes Yes 7 8 17 @ Palm 80% Yes Yes No Yes Yes Yes 5 9 Edinger @ Saybrook Yes No Yes No Yes Yes Yes 1 10 Heil @ Algonquin Yes No Yes No Yes Yes Yes 0 11 Slater @ Nichols No Yes Yes No No Yes Yes 4 12 Magnolia at Moorpark/Seahurst No Yes Yes No No Yes Yes 2 13 Bolsa Chica @ Pearce No Yes No No No Yes Yes 6 14 Goldenwest @ Deep Harbor No Yes No No No No Yes 2 15 Goldenwest @ Orange No 80% Yes No Yes No No 1 16 Adams @ Ranger No 80% Yes No No No No 5 17 Graham @ Research No 80% Yes No No No No 4 18 17 @ Adams No No No No No No Yes 3 19 Goldenwest @ Rio Vista No No No No No No Yes 2 20 Bushard @ Banning No No Yes No Yes No No 1 21 Springdale @ Talbert No No Yes No Yes No No 0 22 Graham @ Slater No No Yes No Yes No No 0 23 Adams @ Lawson No No Yes No No No No 2 24 Edwards @ Varsity/Central Park No No No No No No No 3 25 Center @ Huntington Village No No No No No No No 2 26 Seapoint @ Doral No No No No No No No 1 27 17 @ Orange No No No No No_ No No 1 28 Graham @ Meadowlark No No No No No No No 0 29 Graham @ Glenstone No No No No No No No 0 G:ENG\BROHARD\CHB TRAFFIC SIGNAL PRIORITY LIST • • ATTACHMENT #2 • • e" S 9�OF P�G�O CO BOLSA AVE. a Mc FADDEN AVE. U EDINGER Z uj r (n N AVE. Oo �HEIL a a 3 ¢AVE. m mOZ~ En 0 a N 3 z w O N Q m WARNER O ``' O AVE. C� U Q SLATER AVE. m ,0 TALBERT AVE. y c PACIFIC C" % > ELLIs AVE. E ��. PROJECT LOCATION GARFIELD _. CO OCEAN PROJECT LOCATION ADATMS I INDITAN� I TLANTA v �w 405 PROJECT LOCATION _ AVE. N AI� < VE. ~ AVE. cy- JS AVE. T O O O Z Q = � AVE. m — a cn HAMILTON AVE. CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING VICINITY MAP TRAFFIC SIGNAL INSTALLATIONS SHEET 1 OF 1 ATTACHMENT #3 • SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR INSTALLATION OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY THIS AGREEMENT, made and entered into this day of 2000, 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 installation of traffic signals at the intersections of Garfield and Delaware; Lake and Adams, and Springdale and Slater, 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: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner jmp/k/agree/form/con-sam/7/2/01 1 SAMPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is -actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California jmp/k/agree/form/con-sam/7/2/01 2 SAMPLE chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda -applicable to the PROJECT: Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of -said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion jmp/k/agree/form/con-sam/7/2/01 3 SAMPLE C: within t�) 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. jmp/k/agree/form/con-sam/7/2/01 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall.be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one. hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. jmp/k/agree/form/con-sam/7/2/01 5 SAMPLE 0 9. WARRANTIES The 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security; state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said jmp/k/agree/form/con-sam/7/2/01 6 SAMPLE • • 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its.judgment,.the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed Waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. jmp/k/agree/form/con-sam/7/2/01 7 SAMPLE • • 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) . Subsurface or latent physical conditions at..the job -site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an .unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in jmp/k/agree/form/con-sam/7/2/01 8 SAMPLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments -of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or -any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit jmp/k/agree/form/con-sam/7/2/01 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, .all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. jmp/k/agree/form/con-sam/7/2/01 10 SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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 insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each . occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 20. INSURANCE In addition. to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT.. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be jmp/k/agree/form/con-sam/7/2/01 11 SAMPLE 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; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. jmp/k/agree/form/con-sam/7/2/01 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. jmp/k/agree/form/con-sam/7/2/01 13 SAMPLE 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to jmp/k/agree/form/con-sam/7/2/01 14 SAMPLE 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: . print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: lot City Attorney 1l .) ly�. ?i� yNITIATED AND APPROVED: Director of Public Works jmp/k/agree/form/con-sam/7/2/01 15 SAMPLE 0 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR INSTALLATION OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21.. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 j mp/k/agree/form/con-sam/7/2/01 RCA AOU T*ING AiEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Authorize Advertisement for Construction of Traffic Signals at Garfield/Delaware, Lake/Adams and Springdale/Slater COUNCIL MEETING DATE: July 16, 2001 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 Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne 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 _.__. _. Administrative Staff Assistant City Administrator Initial -City Administrator Initial Citv Clerk EXPLANATION FOR RETURN OF ITEM RCA Author: Bob Stachelski:jm • •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 29 2002. TO: Baxter -Griffin Co., Inc. 8210 Monroe Stanton, CA 90680 Enclosed please find your original bid bond issued by Gulf Insurance Company i Connie Brockway, CMC City Clerk - Enclosure for _CC-1171 g:/followup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) • GULF INSURANCE COMPANY BOND NO.: AE2672039 BID DATE: 10/30/01 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, BAXTER-GRIFFIN CO., INC., (hereinafter called the Principal), and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of MISSOURI, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for Traffic signal improvements at Delaware/Garfield, Lake/Adams, and Springdale/Slater cash contract #CC- 1171, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 30th day of October, 2001. BAXTER-GRIFFIN CO., INC. BY: GULF INSURANCE COMPANY BY: RANDY SPOHN. Atto CALIFORNIA ALL-PURPOSE•KNOWLEDGMENT State of CALIFORNIA County of ORANGE On 10/30/01 before me, ZARA S. SPOHN, NOTARY PUBLIC , personally appeared RANDY SPOHN , X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument .WITNESS my hand and official seal. ; Signature of Notary 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 ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 0 DESCRIPTION OF ATTACHED DOCUMENT GULF INSURANCE CO NY _ HAZELWOOD, MIS!3 POWER OF ATTORN ORIGINALS OF THIS PONVER OF ATTORNEY ARE PRINTED ON BLUE. SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL.IMEN BY THESE PRESENTS: That the Gulf Insurance Company. a corporation duly organized umler the laws of the State of Missouri. haying its prin- cipal office in the city of Irving. Texas, pursuant to the followine resolution, adopt- ed by the Finance & Executi\'e Committee of the Board of Directors of the said Company on the 10th day of August. 1993, to wit: "RESOLVED, that the President, Executive Vice President or any- Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact maybe removed and the authority granted him revoked by the President, or anv Executive Vice President, or anv Senior Vice President, or by the Board of Directors or by the Finance and Executive Commia-ze of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attornev(s)-in-fact to sign, execute, acknowledge, deliver or oth- erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive \ ice President or . any Senior.Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and -binding upon the Company in the future with respect to any bond and documents. relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint BOND NUMBER AE260P39 : NAME; ADDRESS PRINCIPAL CITY, STATE, ZIP Baxter-Griffing Co., Inc. 8210 Monroe Stanton, CA 90680 EFFECTIVE DATE October 30, 2001 CONTRACT AMOUNT 183,800.00 (estimate) BOND AMOUNT �$ Ten Dercent of total bid amount (10% of bid -- Donna Carlson, Randy Spohn, Zara. Spohn its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead. to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under- takings and documents relating to such bonds and/or undertakings were signed. by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. _ The obligation of the Company shall not exceed one million (1.000.000) dollars. IN WITNESS WHEREOF. the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. Su ttANCf - j OPPoggT� 0 GULF INSURANCE COMPANY SEAL i - -Ss0\3P p: STATE OF NE' W YORK ) 1 SS Lawrence P. Aliniter COUNTY. OF NEW PORK ) _ _ - Executive Vice President On the 13th day of April, 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Bergen, State of New Jersey-. that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor- porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. �pTA,9�" �. DAN JAFFA AUB`\G p Notary Public, State of New York STATE OF NEW YORK i �OF NE�� No. 02J A49;8634 Qualified in Kings Count% t SS Commission Expires December 30, 2001 COUNTY OF NEW YORK i I, the undersigned, Senior Vice President of the Gulf Insurance Company, a 1lissouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. aSVRANCE C II IIIII IIIII IIIII IIIII IIIII IIIII III �� OP,PO F?, 4 a ° ? Dated the 30th day of October .20 01 " SEAL ` AE2672039 * 1343852* ��iSgOJe�� George Biancardi S01(r-:\E (3/2(1(II) Senior Vice President it i I .l III i i j. I I: -I - I :.1 I •I �4• 1 I• 'r' i LI I� I: 1 t i !A..h .I L- -! .I .. rjJ :I;•I.J .,_ •.�:.IX. :•t:i2;`i."'��h'`^'-� s:<... ::fey•.::ra•'� •.i;. f, �j' �:;;�?: rl'' Ji :•,Cifi':' �J,.!�t:. •I'`.I':i:rrj':,, I,hr., .!�±.;: �,::ti .r.,�,::,,+ nJ�f :' ii1'`.. i.," I• i':i.i S� ::MAI .'-K` •'k'. .. r.l "1, i1 J.a ,•: .-;WITH. REGIILAR ,: I ,• DO. 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': L.., . .:. :.. ,,.... ,,:.J .... :: .:.. ...:..: ..'} ' 1 • fit... t � 'i!1•�: e�i � :�!%�'r� :ayNi,a. . III 41 l .Ir• :I I. !'<I' .;`! Jt;i 1. ! ( .i„ '•1: :.i:}:- 1i?„rt �•i•}: ''.1 •.. Y,'1! f. p!L��;!i, •li i i ;*l�;iv,.�s. °�y.. .!'�.. N. ': !.v .l+ li::: •''•'';�' :. ' Ji'[if;.� "`�'i ii`�� �%,I ,; :7E� `";" !It"• ''i!I '�:i. ti'. ;;: �.a'��'i`IJ.i 'f"`" , 1 ,!. ';ii.el �.•.'�a:•i.`t: (fL�,,� I.r-Ls r`.,•I•. M.j .'�.r •t; 1.t :•;.: �I t BAXTER-GRIFFIN FINCO.,INC. 0 •���� STANTON CA. 90680 ?: `i., +i' - -I. :i: ;c':1':i�' i::5s;4ir;;:%�,i;�ssz:•`� - ' P: :1., �J':.i''4 .1"e?'s.., :}.�'tir:•�t;.>:::7;t i�2 '.:i. ' F '`"'i tip �� :.,:f tl r;r,:a>.»:I. r`J....,�Jni„!'i'4'•''�'i'` a•t;';'l,i`'.'.<i+'; ie."` `'j.'I �• `'r:: i:% I '1'f I `i; tl y • : ,., .',J:i :�rrt!r _' K s 17' ';i, �I� _ !,* :i �.:V�. k:,'::,..: c�` `�. ,;"i==''''e2'.i1-''��^ .y4t, �fe,: :':}.: - IT OF HUNTI CITY NGTON BEACH TO =1 .,. r. •.I '.�.i�'i7i::l:':�'T�:'t:'::,i,j.: `e!.�'�y:.:. : ��;. ...Y::i.h �'i,s .(: Y I :I" ,.I _ I: ;It,' F'�.cy�r: •YSr +t J': '„°•-Y^�sI,J�;J's ,.1., �,,;!ICif. by ;,. i^ 2000 ; Y , ,1. J:i'.:- MAIN STREET -i ii a'sm. — c> 1 7..1' H N U TINGTON BEACH, C CA. 92648 1 I J4 '•J �I W CD —J :I , SEALED BID C • AT DELAWARE GARFIELD FOR: TRAFFIC SIGNALS / >, cn D 1 cn LAKE AD AND E LATER IN THE AMS SPRINGDAL S a / 1 i _ INGTON BEACH CITY OF HIINT 0 2001 OCTOBER 3 BID OPENING: ji 2nd Floor CITY CLERKS OFFICE 1 i is I' r i I L: :I I' I : fig > !•,ti.= r1 '',� tel.: • b. .: L � is • n, . 1- 777— !j I • J, 4 2:00 PM i i'a `-•1 : ,q i .. - r. .. .. ..:. :: .... 1 ,a I: ri.• • 1"r, 0 N"..r:. - I' J ie 1." I Ijl Al Jj .1' I - J` - _ ; : _ I x l•. ;f : i•:i i•: ,t I". �:," .•f;. 'hi�i'�i�S� ..i� 'ik' .7 ;a:: it`-+' lti'..y Sri'+:�.ip:::'•^ _ !.i ;.. 1 ,1, S• l� r 'x+. cf . 4• i T - �X+ :7 ,�4 . c.rc.p.,,;�,. ,,._;:-..>.:.'. r,.,;,.:•,.:. � . 5' n��'{ =s.'i _ w. :ate '!. , t.: -�i:...� „s•.a.. �` t :r .. �. ,,As .'t .rr• . Y ,.•_r.<. , _ ,:.3ryyaa . e-:,f;. ;7r.-+'- � .2 �}:• . „r: as - . .12•i•'.., ",::: 1 r-� -.Ia ..t: pfn. .- rei+u,, i^gI" :.:�':' •.c'a; :::;..,.:t ,:.,:Jr ai%tf`�'�.n•a i.i, Tiir�;a;:ti';}.: 2':4: ll:,s ?i�i .! � Prat . .! . - •.t,:!. _.,•. _ ! • SECTION C • PROPOSAL for the Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater CASH CONTRACT No. CC-1171 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 If awarded the Contract r thOndersi ned a v g gees that in the event of OtBIDDER'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. Bidder's Bond Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda`No. Date:Received - Bidder's Signature C-2 �J PROJECT BID SCHEDULE CC-1171 1 1 LS Install traffic signal at Springdale/Slater* @ FI f-VtA NruE rNOIASA."D -- Dollars 000. Per LS 2 1 LS Install traffic signal at Adams/Lake* @ uA„nr n -- Dollars $ Q$ 1100D. $ g 0 00 . Per LS 3 1 LS Install traffic signal at Delaware/Garfield* @ S«tSAk#p, o Dollars $ (t 000so $ �0f 000.°l Per LS 4 1 LS Clearing and grubbing @ FOtAa rWOU 7 ND ra o �AtkN MACD Stx — Dollars $ 4 Arno F i f-rAj e4kNX4 Per LS 5 65 CY Unclassified excavation @ F l tGSM f t,6 tAT Dollars $ 5�•0' $ 3 �70 en 6 1 57 Tons CY halt concrete @ Dole HuNoAep N iNt►7!!4 PIVE — Dollars $ Ton C-2.1 PROJECT BID SCHEDULE CC-1171 7 66 Tons Crushed aggregate base @ rip &A FIVE -- Dollars e $ 55 . ° c $ 3 ( 30. Per Ton 8 55 LF Construct AC berm @ Dollars $ 3g. a° $ 010.°f Per LF 9 1 LS Construct 4" PCC signal controller pad @ FrvIE 14 Utio D 1 Dollars $ 500.°° Per LS 10 11 ELT Install Type I slurry seal @ N t u E J4 tkN0fL'f'D '56veli-rgetj Dollars $ q 5� $ 10, m.5! ANO Ftf-vv) Cr"05 Per ELT Total Amount Bid in Figures: $ a03 0 Total Amount Bid in Words: n o Fov-yu bauuAlu, *The City will provide traffic signal poles, safety lighting, signal heads and lenses, signs and some appurtenances (see plans) at no cost to the contractor. Contractor shall pick up materials at the City Yard, 17371 Gothard Street. Contact Donn Strook 48 hours (2 working days) in advance for pick up at 714.536.5530. C-2.2 gIST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Sabcontractor State License Class of Work Namber . L Fr-'1 n,N 5AN&0tA9( INU, A e.A '1�1 6a1� -�l 039 u1 St,,an'�1 PAVIE" P's cO A"TVI O 6 tZ . 303609 P"C's CA won u. (Z5 . N 08 uE O&A.J 6A tA � ! r13 5 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 IRONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark Dillard , being first duly sworn, deposes and says that he or she is Secretary, Treasurer of Baxter -Griffin Co., Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Baxter -Griffin Co., Inc. Name of Bidder 4y� a! &� Signature of Bidde Mark Dillard, Secretary, Treasurer 8210 Monroe Stanton, Ca. 90680 Address of Bidder Subscribed and sworn to before me this 30th day of October , 200 1 r.. 9L� ROSE WSCHRIEVER Commission # 1311"S Z i Notary Public - California yz Orange County w My Comm. E*i(es Jul 26, 2005 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 Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: October 30, 2001 Baxter -Griffin Co., Inc. Contractor * a t� By Wark Dillard, Secretary, Treasurer Secretary, Treasurer Title C-5 . DIS ALIFICATION Q UESTIONARE 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 COMASATION INSURANCE CERTI�`ICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: October 30, 2001 Baxter -Griffin Co., Inc. Contractor * k a�k - By Mark*Dillard tij Secretary, Treasurer Title C-7 UINDERGROUND SERVICE ALE r 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: BAXTER—GRIFFIN CO., INC. Contractor By Mark Dillard Title Date: Secretary, Treasurer 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 0 0 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Baxter -Griffin Co., Inc. Bidder Name 8210 Monroe Business Address Stanton, CA. 90680 City, (714 ) 826-5310 Telephone Number 290768 C10 State Contractor's License No. and Class January 28, 1974 Original Date Issued August 31, 2002 Expiration Date The work site was inspected by Mark Dillard State Zip of our office on 2001. The following are persons, firms, and corporations having a principal interest in this proposal: Bert J. Griffin, President Dorothy S. Griffin, Vice President Mark Dillard, Secretary, Treasurer C-9 t The undersigned is prepare to satisfy the Council of the City of Hun,_ngton 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. Baxter -Griffin Co., Inc. Company Name Siang ure of Bidder Mark Dillard, Secretary, Treasurer Printed or Typed Signature Subscribed and sworn to before me this 30thday of October _ ROSE M. SCHRIEVER _IN CCommission # 1311045 z Notary Public - Callfomis Orange County My Co..-,m. E*ines Jul 26, 20N NOTARY PUBLIC NOTARY 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 City of Huntington Beach, P.O. Box 784. Huntington Beach. CA 92648 Name and Address of Public Agency D Name and Telephone No. of Project Manager: avid Verone, Project Manager 714-375-8471 $61,670.00 Traffic Signal Mod #1086 1/2000 Contract Amount Type of Work Date Completed 2. City of Westminster, 8200 Westminster Blvd., Westminster, Ca. 92683 Name and Address of Public Agency Name and Telephone No. of Project Manager: Peter Mackprang 714-898-3311 $87,432.00 Traffic Signals 55036-001004 4/2001 Contract Amount Type of Work Date Completed 3. City of Irvine, 1 Civic Center Plaza, Irvine, Ca. 92714 Name and Address of Public Agency Name and Telephone No. of Project Manager: Rick Nelson 949-724-7642 Various Projects Contract Amount Type of Work Date Completed C-10