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HomeMy WebLinkAboutORANGE COUNTY STRIPING SERVICE, INC. - 1985-04-15 7 i. CITY OF HUN'TINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P ,iI E. Cook Public Works Department Director (714) 538-5431 August 28, 19A5 Mr. Mike Zieler Orange County Striping Ser-vice, Inc. 1.83 "forth Pixluv Orange, CA Re: Raised Pavmmnt !Iarker Program: CC-586 Dear %tilce: Please find enclosed a blank. c'oVI of the City's "Certificate of cr rpliance" form wiiich must be submitted to the City at the cmpletion on the above referenced pre ject. Please r-rmlete this form and return it to my office at your eacliest con- venience. Also please provide the City with a guarantee bond for the indi.atc'd project. This bond must be for 1009, of the project test. Please submit these documents to my office at your earliest convenience. Once these documents are approved by the Ci.t.y Clerks Office the City can then release all retentions being held on this project. Should you have any questions concerning this project, please feel fire to contact rre at (714) 536-5431. , Sincerely, Karl Huy' Civil Engineer Associate KH:dw J_ n E Rmd ?,,o..3 SM 43.......... 506 00 •' ... SURETY BOND ENDORSEMENT To be attached to and form a part of... MPOINAR: ' & P11YltiLrrrI' »' � issued by the trade:signed Ccxn.any, as Surety, on behalf of_.nI`Ah1G2 CO'IPTI^•� S7RI P1^`.,. SL�l�'1CI.,_:f Fk�. _ .... ...._. ........... ..__...__..._................. ..... ..... ..... . as 1'rincil.al, and ;n favor of CITY OF �IRWIN"MN BEACHas Obligre. Effective....__ Ste'_- 1 1 .._._... _.-..._._....._. ., 19..� .. , the Principal and the Surety hereby agree to amend the attached I3aasd as follows: PE:IUIORA1r'1ICF. NF) PAYMENT BOMDS TO 1 XTL,,D C-C VT--P 1GI: OF t'T.,?: ': uLTR MAINTENNN7C'E PL 110D AS PM M.,"'RAOF Provided that the liability under this endorsement small tx lrart of, and no; in ;Adition to, the liability =6v the attached bond, and in no event cumulative: Nothing herein contained sha11 vary, alter or extend any of the provision,, conditit:ns, or other ternu of this bond excrpt as above stated. sr Signed, sealed and dated this . ......I 1 th........ day cif ......... ............ . ORIME ODUNi'Y SI'RIPIW, SM11ICEr Ill(_. ..........._... ......... ._....... .�r.....ot. .....ire.................. .. ........... _ _�...__.�_.._... ... . V . to y T1I Le Ab1FRICAN N011012ISTS INSUPANCE t GOT-NNY ... .. ................... .iffy ACCEPTED: .CITY OF i0l"INGIM BEACfi._............................ ....... N.mc of t+i1•ter By.... .. .............................................. ......,....... .. . .. .. .. ........ 1�tul��rserttcrt 1\'0:..... .. . ......_..... 19 W-4 Ni ism /RIN1tO w U.S.& 7 2-4.2 Giarantee The Contractor, by submission of a bid for this project, expressly agrees to the herein stipulated guarantee of material s, products, workmanship, and installations incorporated into this project. All work performed in accordance with these plans, standard specifications, and special provisions, including„ but not limited to, workmanship, installation, • fabrications, material ono structural, mechanical, or electrical facilities shall be guaranteed for a period of one year, commencing with the filing of the notice of completion and acceptance of the contract by the City, unless specific areas are to be guaranteed longer as provided in Special Provisions. Security of this guarantee shall be furnished to the City and may be included as part of the Faithful Performance Bond. There 3nall he express wording in the Performance Bond, if Burn bond incluCes the guarantee or warranty of the Labor and Materials for one ;wear period, commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance ��ono shall not apply, to the guarantee cr warranty period. It is recommended that the Performance Bond include the guarantee and warranty requirements. Tie Contractor, b, agreeing to tnis latent defect guarantee, also agrees that Within 10 days after notification of a failure or deterioration of a facility or work ccvered under this contract, he will repair, replace or show reasonable cause as to reason fur further delay. Refusal or failure to commence repair or replacement will cause the City to file claini against the oond. Excepted from the guarantee of labor ano ;materials will be defects causes by acts of Gad, acts of the ("ity, acts of varoals, or by acts of athers outside or beyond the control of the Contractor. 2-5.1. ! Plans and Specifications The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and acaitions to the General Provisions of the Standard Specifications that are reasonably necessary for the e.ecution of worK. Contractor shall, at his own expense, obtain copies of Standara Specifications and St,andarcl Plans anus :,per•ifications of the State of California, for his general use. If after award of contr.ict, should Lt appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or ecplzined in the Standard Specifications, Special provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. The request by the Contractor and the 'ngineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any worts, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inforrn the Engineer or his representative of any discrepancies. -3- " 2-5. 1.2 Competency of Bidders and Payment for P1•ins and Specifications Plans, Special Provisions and Proposal forms will be issued only to those contractors who can qualify as competent bidders. a charge will be required for the taking out of plans, none of which will be refu-idea to any bidder. 2-6.1 Removal of Defective and Unauthorized Work All work which is defective in its construction or does not mnet all -If the requirements of the Plans and;or Specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any wark done beyond the limits of the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to comply forthwith with any order of the Director made under the provisions of this article, the Engineer shall have authority to cause defective work to he remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to become due the Contractor. 2-7. 1 Soi i Conditions The Contractor shall inspect the soil conditions himself before submitting a bid. By submitting a bid, the Contractor acknowledges that he has satisf iea himse!f as to the quality of the work including but not restricted to the conditions affecting, handling and stnrsge of materials, disposal of excess materials, the soil conditions, and level and amount of groundwater. The Contractor's attention is directed to the log of test borings hereinafter contained in Attachment A. These logs are records obtained by the City in June, 1979 and represent the character of material encountered at the test boring sites indicated on the plans. The log of test boring is included only for the convenience of the bidders There is no guarantee, either expressed or implied, that the conditions indicated are representative of those actually existing throughout the project, or any part of it, or that unforeseen developments may not occur. The inclusion of the test boring log in the Specifications shall not be construed to be a waiver of the Contractor's obligation to inspect the sail conditions himself before submitting a bid. 2-9.1 Permanent Survey tilarkers Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and bencn marks located within the limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work, notify the Engineer so arrangements can be made to establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction. -4- 2-10. 1 Authority of Board and Inspection The Contractor shall give at least 24 hours advanca notice when he or his Subcontractor will start or resurne the work. The above notice is to be givers outing working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignmento of his representatives. If the Contractor elects to we^k under this contract more than 8 .hrs/day or .� more than 40 hrs/week, Saturday, Sundav, or City holidays, he shall arrange with the Engineer for the required inspection service and pay the special inspection fees which will be charged at the following rates: 4 hrs. or less/day $12 5.00 4 hrs. to 8 hrs/da;� $250.00 When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. if the Contractor is directed by the City to work under this contract more than 8 hrs/day or more than 40 hrs/week, the Special Inspection fee requirements will be oiaived. And work performed in conflict with said advance notice, without the presence or &oproval of the Engineer, or work coverea up without notice, approval or consent may be rejecter' or ordered to be uncovereu for examination at Contractor's expense. and shall be removed at Contractor's expense, if so ordered by the Engineer. any unauthorized or defective work, defective material or workmanship or any unfaithfu.' or imperfect wort; that may be discovered before the final payment and final acceptance of work shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting Vie requirements and intarrnatian given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved Plar.s, as may be required by the exigencies of constructions will oe determined in ;:il :&ses by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal proUtst is made in writing and as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten ( 10) days after any such demand is made, or instruction, ruling or decisions is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. -5- Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days t, -reafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt cF same. 2-10.2 Requirements for Work Within Other Agencies' Right-of-Way The Contractor shall prosecute wank on other agencies' right-of-way only in the presence of the inspector represo!nting the agency and any work done in the absence of said inspector will be subject to rejection. The Contractor shalt make the appropriate notificatic;n according to the instruction given on the hermit for all inspections, and shall post all bonds and cer'Lifications required by the permit. The permit shall be acquired by the City. However, the Contractor may also be required to secure additional permits under his own name, which permits shall be processed at the Contractor's expense. The Contractor shall pay for all testing and inspections required by the permit. 2-10.3 Final Inspection Whenever the work provided for and contemplated by the contract mall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. 4-1.4.1 Test of Materials All tests of materials furnishes by the Contractor shall be made in accordance With commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Standard Specifications. No materials shall be used until they have been approved by the Engineer. Ts-N Contractor shall, at his expense, furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factury or mill prior to having satisfact,:iriiv passed such testing and inspection by a representative of the City shall not to incorporated in the work, unless the Engineer shall have notifies the Contractor, in writing, that such testing and inspection will not be requliea. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such materiai is us,ea in the; work. The City of Huntington Beach will pay for the initial soil and material tests. Any subsequent soil and materials tests deemed necessary due to the failure of initial tests will be at the Contractor's expense. -6- 6-1. 1 Construction Schedule and Commencement of Work Prior to the start of work, .arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting Is to coordinate: the activities of the Contractor within the lirniLs of this contract, review scheduling, discuss construction methods and clarify inspection procedures The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The contract time shall commence on the date shown on the "Notice to Praceea", which will be issued by the City. 6-2.1 Progress Schedule When, in the judgmer': of the City, it becomes necessary to accelerate the work, the Contractor, when ordered, shall cease work at any particular point and concentrate his forces at such other point or points as directed; and execute such portions of his work as may be required to enable others to hasten and properly engage and carry on their work. 6-8.1 Acceptance Should it become necessary, due to developed conditions, to occupy any portion of the work before contract :s fully completed, such occupancy shall not constitute acceptance. 6-9 Liquidated Damages Section 6-9 of the Standard Specifications for Public Works Construction shall / be modified with respect to the dollar amount of damages per day. The daily C/ sum due per day for each consecutive calendar day in excess of the time specified for completion of the work shall be as follows: Contract .Amount Daily Sum Due Per Day -� a is p to 250 250 u Contr c $ ,000 5 C� Contracts $250,001 to $500,000 $300 Contracts $500,001 to $1,000,000 S400 Contracts $1,000,001 to $ 1,500,000 $500 Contracts $ 1,500,001 and over S650 7�7..3 General Prevailing Wage Rates In accordance with the provisions of Section 177/3 of the Labnr Code, the State of California Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk, and the office of the Director of Public Works of the City of Huntington Beach, California. -7- A' 7-2.4 Payroll records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Scats. 1978, Ch. 1249). The Contractor shalt be responsible for compliance with these provisions by his subcontractors. a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtirne hours worked each day and week, and the ar.tual per diem wages paid to .each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to stich employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in subdivision (a) shall be mado available for inspection or furnished upon request to a representative of the body awarding the contract. the Division of Labor Standards Enforcement and the Division of apprenticeship Standards of the Department of Industrial relations. 3. A certified copy of all payroll rEcords enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shalt be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to with records at the principal office of the contractor. C. Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entry that requested such records within 10 days after receipt of a written request. d. Any copy of records made available for inspection as -opies _ri! furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent diaclosure of an individual's name, address and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The contractor shall inform the body awarding the contract ci the location of the records en.:;rarated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address -8- R. • f. In the event of noncompliance with the requirements of this section, the contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five collars ($15) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of .apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 7-3.1 Public Liability and Property Dama,,je Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harm!ess the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Combined Singie Limit Bodily Injury and/or Property Damage Including Products Liability: $1,000,000 Combined single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together .,ith such endorsements as are required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra "lork", should such work become necessary. Prior to the commencement of work under the contract, evidence of insurance shall be furnished on a form orovided by the City, and no ocher form will he accepted. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than .10 days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Workers' Compensation coverage or a valid certificate of self-insurance. 7-5.1 Permits and Licenses Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. -9- 7-6.1 The Contrdctor's Representative Contractor shall also file with the Engineer, the address and telephone numbers where he or his designated representative may be reached during hour3 when the work is not in progress Instructions and information given by the Engir•eer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. 7-6.2 Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Director in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. 7-8.1 Cleanup and Dust_ Control All surplus materials shall be removed from the site immediately after completion of the work causing the surplus materials Unless the construction dictates otherwise, and unless otherwise approved ►y the Engineer, the Contractor shad furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration is incomplete. 7-8.5. 1 Use of City 'Hater System The Contractor shall make arrangements with the City of Huntington Beach Water Department for requirements, location of source and payment prior to the taking of any water from the City system. 7-8.7 PJoise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise ernitting from construction equipment used. / In addition, working hours shall be restricted to between the hours of 7:00 ANI to 6:00 PNI. 7-8.8 Flow and Acceptance of 'Hater Storm, surface and possibly ground or other water may be encountered at various times and locations during the work. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and/or public property by flooding or lateral erosion if not properly controlled by the Contractor and the Contractor acknowledges that his bid was prepared accordingly. The Contractor, by submitting a bid, assumes all of said risk. -10- The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruction a;ong existing street and drainage courses. Drainage of water from existing catch basins ::hall be maintained at all times. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the Engineer, are not subject to the probability of damage. The Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water will be permitted by the Engineer. In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. The City has received a permit for discharging from the California Regional Water Quality Control Board that is reproduced in these Special Provisions as an attachment. 7-8.9 Erosion Control The Contractor shall submit a written plan specifying methods to control erosion due to the construction activities of the project. This plan shall be submitted for apprcval to the Director no later than five (5) days after the opening or bads. 7-8. 10 California Regional Water (duality Control Board Permit The City has received a permit for discharge from the California Regional Water Quality Control Board. No waster quality problems are anticipated as 3 result of groundwater dewatering discharge. However if problems develop and it is necessary to aerate, oxidize, detail or otherwise treat the discharge, said treatment will be considered as "extra work" and shall be carried on by the Contractor. All monitoring and reporting required by the permit will be done by the City; however, this does not relieve the Contractor from compliance with other conditions, provisions and requirements of the permit. Applicable sections of said permit are reproduced and attached to these specifications and shall be considered as part of these Special Provisions. 7-10. 1. 1 Traffic and Access No full closures will be permitted., Daylight lane closures will be oermitted with prior a roval of the Engineer provided flagmen ar avaiia, ,lp�snnt.rol If ve is a movements. oI—auras are limited to be[ween 5: atit and 3;Q0 PM. Safety precautions shall conform to Section 86-1.07 of State: Standard Specifications and these Special Provisions. Applicable sections of California Administrative Code, i itle 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. -I I- Contractor shall require that an approved safety vest be worn oy all personnel who are working at this project site. Any worker without a vest may be ordered off the jeb by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed ;.c, the Engineer. The Contractor shall provide for and maintain provisions for public traffic through the construction area at all times. Unless otherwise specified in :hese Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of inaustrial Relations. Construction Safety Crders, and Chapter 12.214, "Warning Lights -- Barricades" of the Huntington Beach tvlunicipal Code. The Inspector may require additional devices to control traffic as traffic and construction conditions require. The Inspector may stop work at the job site until the required saf-aty and traffic control devices are put in place by the Contractor. The cost for additional safety and traffic control devices shall be included in the unit price or lump sum prices bid for the job and no additional compensation will be allowed therefore. Questions pertaining to construction, warning signs and devices shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall present to the City a detour plan pertaining to any detour(s) he feels will be required to properly prosecute the work. The detour plans, when accepted by the City, shall become the official document upon which detour(s) shall be put in place and maintained when required. Any detour which will lass longer than three calendar days shall be delineated by removing the existing striping and legends on the pavement by sandblasting and placing new striping and legends as may be appropriate to accommodate the detour. Upon completion of the work and the restoration cf the road surface to its final condition, the detour striping shall be removed by sandblasting by the Contractor and the original striping replaced. Cost for removal and replacement of detour striping shall be included in the other items bid for the work and no additional compensation will be allowed therefor. The Contractor's attention is specifically directed to HBNIC Section 12.24, 1114arning Lights - Barricades", pertaining to the u;;e of barricades and lights in excavation areas. Flashing barricades will be allowed as a substitute for "lights" as described in that section. 7-10.i.2 Safety Precautions The Contractor shall provide for and Maintain provisions for public traffic through the construction area at all times. Unless otherwise specified in these Special Provisions, work shall be in accordance v,ith Sections 4-1.04, 7-1.06 through 7-1.95 inclusive, 15-1.02 through 15-2.0 . inclusive, of the State Department of Transportation, Stang and specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, Construction Safety Orders, and Chapter 12.24, "Warning Lights -- Barricades" of the Huntington Beach Municipal Code. - 12- The Inspector may require additional device's as traffic and construction conditions require. Questions as to construction warn!ng signs .: id devices shall be directed to the Engineer. Contractor shall require that an approved safety vest be viorn by all personnel who are working at this project site. ,any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Applicable sections of California Administrative: Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the ,contractor. 7-10.3 Barricades Ael barricadinr, shal! comply with the provisions of the Manual on Uniform ,ff is control Devices - 1975, as arnendeo. 7-10.5 Water %lain Shut !)awn When a :ity water main or service is to be shut gown, the affected residents shall be notified by the Contr3r_tor at least =s hours in advance of the shut down. The Contractor shall proceed with the water facilities work in an expedient manner until the water lines are in service. V water service to residents is disrupted for more than .4 hours, the Contractor shall provide temperar,! water service to the resie,ent.;. The cost shall be included in the other items ,)id. 7-15 Recistration of Contractor Prior to the aware of contract, the Contractor shall `L ':r:ensed in accordance with the provisions if -Irticle 1 to 9 inclusive of Chap .er 9, Division 3 of the E3e.9ine,�s ana Pronessions Code of the 5tat t? of '-al ifornia and .amendments thereof, providing for the registration of Contractors, and defining the term _oatractor; providing a InetIled of obtaining licenses to engage in the business of nt,racting and fixine, the fees for such licenses; and prescribing the punishment for viuW'on of provisions thereof, as amended. 9-3. 1 .2 Payment general Pavrnent for the furnishing of all labor, materials and equipment necessary to perforrrn all work indicated on the plans and described in these specification and Special Provisions shall be included in the contract unit prices bid for the items listed on the: Proposal. and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in the prices bid for listed items. Non-lister] iter:Is to be included in the unit pri.:es bid for various iterns listed on the proposal consist of, but are not lfmited to, the following: -13- I. Watering and dewatering, Backfill, compaction an disposal of surplus material. Maintaining public utility facilities. 4. Miscellaneous removals 5. Trench resurfacing. 5. ueneral finishing and clean-up. 7. tarr icading, traffic control, and temporary striping. 8. Restoring private property improvements. 9. Dctholing utilities. 9-3.2.1 Progress P rnents The :it,, shall, once in each rnunth, cause an estimate in writing to be ;Wade by the Engineer of the total arnount of work cone and the acceptable materials furnished and delivered by the Contractor to the lob site ano not used as of the tirne of such estimate and the value thereof. The Citv shall retain money in the amount of ten percent ( 10 0 ) of the progress payment unless approval of Engineer for greater percent of such estirnar.eo value of the work done is obtained. The i[y shall retain honey in the amount of fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, provioed the materials were fabricated specifically far the project. too payment -.-:ill be ;Wade for stangard stock items that have not been incorporated in the work. Tne City shall rVionthly pay tc the -' ntr actor ,vhlle performing the work, the progress pay inent balance, after oeaurtinq theref;crn all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be reouireo to 5e ,nae:e ,when in the jud,ment of they Engineer, the .vorx is not proceeding in accordance with the provisions of the cont.-actor when in his )udgrr,ent the total value of the work done since the last estimate .arnounts to less than three nundrea collars 13001. At the request and expense of the contractor, 3Lhstitution of securities for any monies withheld by the 'City to insure perfor:riance unicer the contract shall be permitted in accordance rvitn provisions of the California '3uvernment Code, Section 4590. 9-3.2.2 Final Payment The Engineer shall, after cor ipletion of the contract, make, a final estimate of the amount of worK done thereunder and the value of such work, and the City of Huntington Beach shall pa- the entire Burr. fount] to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. all prior partial e3timates and payments shall be subject to correction in the final estimates and payment. The fina! paymen►, shall not be due and payable until after the expiration of thirty-five ;35) days from the date of recording a Notice of Completion. it is mutually agreed between the ;parties to the contract that no certificate given or payments made under the contract, except the tinal certificate of final payment, shall be evidence of the performance of the; contract, either wholly or in part, against any clairn rf the party of the first part, and no payment shall he construed to be an acceptance of any defective work or unacceptable materials. -14- Section 10 Proposal Requirements 10-1 Examination of Plans, Standard Specifications, Special Provisions and Site of W ark The bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the general and local conditions to be encounterev; as to the character, quality and quantities of the work to be performed and materials to be furnishea; as to the character of equipment and facilities needed preliminary to and during the prosecution of r.he 'Rork; and as to the requirements of these specifications. It is mutually agrecu that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversatiuri with any officer, agent or ernployee of the City either aefore or after they execution of this contract shall effect or rnodify any of the terms or obligations herein contained. l Proposal F orm All ''roposals must be -nace upon blank forms to be obtained from the office of the Director of Public Works at the Civic Center, Huntington Beach, -;.lifornia. The Bidder shall submit his Proposal on the form furnished him. Proposals gubmitteu on forms other than the one issued to the Bidder will be di sregardea. All Proposals must give the prices proposed ootn ir, words and number", of which words will prevail over numbers, and must be signed by the Bidder with nis address and telephone number. It the Proposal is made by an Individual, firm or partnership, name, post office address and telephone number must be shown. If made by a corporation, the Proposal must show the name of the state under whose laws the corporation was formed, and the names, title, and business addresses ano telephone nurn'.;ers of the President, Secretary and Treasurer. 10-3 Prouosal did 3ond .all bids shall be presented under sealed cover ano shall be: accompanied by cash, a cashier's check, certified check, or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10% ) of the amount of said bid, and no bid will be considered unless sucr cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 10-4 Withdrawal of Proposals Any bid may be withdrawn at any time -)rior to the hour fixed in the Notice To Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his uuly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a 3idder to file a ne%v bid. .15- 10-5 Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice To Contractors. Bidders or their authorized agents are invited to be present. 10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the 3iduer. The right is reserved to reject any or all Proposals. 10-7 Disqualification of Bidders More than one proposal from an incividual, a firm, a partnership, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any 9;dder is interested in more than one Proposal for the work contemplated will cause the rejection, of all Proposals in wnich such bidder is interested. If there is reason for believing that collusion exists amorg any or all bidders, any or all Proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. -16- SPECIAL PROVISIONS The following additions are made ti Parts 2, 3 and 4 of the Standard Specifications. If there is a conflict between these additions and the Standard Specifications, these additions shall have precedence. PART 2 CC)NSTRUCTICN MATERIALS 'where applicable, alternative materials specified in Part 4 of the Standard Specificat.ons, shall be used. 201-2.2 Reinforcing Steel Reinforcing Steel shall be Graae 40 steel conforming to ASTNI Ao 15. 207-2.5 Joints Tne pipe shall be "match market.' and three 0)` copies of the laying diagram submitted to the City. 207-2.9 Basis for Acceptance The pipe manufacturer shall submit to the City a certification indicating compliance with the Standard Specifications 208-2. 1 Joints for Clay Pipe The V.C.P. shall have: Type "G" or "C" Joints. If 3 st:,ndard length of pipe must be cut to fit, the :( rresponding connection may utilize a Type "D" joint with approval of the Enqineer. 211-2. 1 I-aboratory tilaximuni Density Laboratory `•laxirnurr) Jensit j tests shall be established per Method I or 2 of the "Green 3 ook". -17- t� PART 3 CrJSTRUCTIOrJ METHODS A. General Description of Work The work to be done, in general consists of: Furnishing and installing raised pavement markers on Bolsa Chica, Edinger, Warner and Yorktown and furnishing all labor, materials, tools, equipment and incidentals necessar,; to. perform the said work. All work shall be completed to the satisfaction of the Engineer. B. Additions to Standard Specifications 300-1.2 Preservation of Property Tne Contractor shall protect in pi:3ce (as possible) any shrub, bush, or tree adjacent to or directly threatened by intended construction. Should removal seem necessary, the Contractor shall first contact the Engineer so that a qualified inspector can judge its possible protection, salvage, and/or relocation. 300-1 .3. 1 removal and Disposal of Materials ;raeneral) No burning will be permitted. 300-1.3. 1;1 Hauling of Materials In order to protect the Cit;,, streets from deterioration due to hauling of materials, the Contractor shall submit ;prior to pre-job meeting) for approval, a proposed route for the hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route only, unless written perr-nission is obtained to change the route. 307-2. 1.6 Schedulino of 'work Work shall be scheduled in conformance with Section 86-1.06 of State Standard Specifications and these Special Provisions. Contractor shall submit work schedule to the Engineer forte-eight (48) hours prior to the starting of work. 307-2.1.7 Safety Precautions Safety precautions shall c:onforn., to Section 96-1.07 of State Standard Specifications and these Special Provisions. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. - 18- Contractor shall require that an approved safety vest be worn by all of hij personnel who are working at this project site. Any worker- without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. The Contractor shall provide for and maintain provisions for public traffic through the construction area at 311 times. Unless otherwise specified in these Special Provisions, work shali be in accordance with Sections 4- 1.04, 7-1.08 through 7-1095 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 3 of State of California, Department of Industrial Relations, Construction Safety Qrcers. The inspector may require additional devices as traffic and construction conditions require. Questions as to construction warning signs and devices shall be directed to the Engineer. 3 10-5.6.— Pavement Markers The materials to be furnishes under this project shall comply with the Special Provisions and the latest edition of the State of California Standard Specifications an,j Stanbara Plans. Pavement markers shall oe placed to the line established by the Engineer, whicn will consist of temporar;. sainted lines, one for each direction of travel. 310-5.6. .01 Description The work shall consist of furnishing ana placing pavement markers at: 1. Balsa Chica from `.Varner to Rancho 2. Edinger from Balsa Chica to Countess 3. Yorktown frurn ;-olaenwest to Main 4. Warner from Graham to Goldenwest or where directed by the Engineer. 310-5.6..4.02 Tyne of Markers Pavement markers shall be Type "G". 310-5.6.'+.03 Sampling, Tolerances and Pack2giny Pavement markers shall conforIT) to the following sampling, tolerance and packaging requirements: (A) Sampling Twenty markers selected at random will constitute a representative sample for each lot consisting of 10,000 markers or less. Forty markers will constitute a representative sample for lots consisting of more than 10,000 markers. For sampling purposes the lot size shall not exceed 25,000 markers. -19- ' (8) Tolerances ( l) Three test specimens shall 'C e randomly selected from the sample for each test except as noted in (?) below, and tested for compliance in accordance with these specifications. Should any one of the three specimens fail to comply with the requirements of these specifications, six additional specimens shall be cause for rejection of the entire lot or shipment represented by the sample. (21) The entire sample of reflective pavement markers shall be tested for reflectance. The failure of 10 perrant or more of the original sampling shall be cause for rejection. ,3) At the aiscretion of the Ergineer, a resample may be taken consisting of double the number of samples originally taken. Tolerances for resamples shall be in the same ratio as specified above. (C) Packaging Shipments shall be (Trade: in containers ,.hich are acceptable to common :arriers and packageo in such a -Tanner as to insure delivery in perfect conaition. �.ny bainagea shipments shall be replaced by Me Contractor. Each package shall be clearly marked as to the name of the manufacturer, type, color, quantity. enclosed, lot number and aate of manufacturer. 85. 1.035 - StoraQe Markers shall be stored indoors. and shall be protected from any source of rnoisture both during shipment to the jobsite and at the jobsite. The markers shall be rnaintainea at a high enough temperature as to preclude moist-.ire condensation, and, at the time of placement, both the markers and their containers shall 5e dry. 310-5.6.4.04 reflective Pavement -Markers Reflective pavement markers shall be of t.-.--, prismatic reflector type consisting of methyl methacrylate or suitably compounded acrylonitrile butadiene styrent (ABS) shell filled with a mixture of an inert thermosetting compound and filler material. The exterior surface of the shell shall be smouth and contain one ar LHc rnethyl methacrylate prismatic reflector faces of the color specified. The infrared curves of the compounded methyl methacrylate or acrylonitrile butadiene styrene shells shall match approved curves on file in the Transportation Lahoratory. -?0- a The reflective lens shall not contain any voids or ai, space and the back of the lens shall be metallized. The shell shall be fabrirnted in a manner that will provide a mechanical interlock between the thermosetting compound and the shell. The thermosetting compound shall bona directly to the backside of thn metallized lens surface. The base of the marker shall be; flat (the deviation from a flat surface shall not excged 0.05-inch), rough textured and free from gloss or substances which may reduce its bond to the adhesive. Reflective pavement markers shall conform to the following color and testing requirements: (A) Color - The color of the reflectors, when illuminated by the white light from a sealed beam automobile headlight as defined in the Society of automotive Engineers (SAE) Standard J 579, shall be an approved clear, yellow or red color as designated. Of f-color reflection shall constitute grounds for rejection. The daylight color of the marker body shall be compatible with the color of the primary lens, and shall be subject to approval by the Engineer. ',B) Tests - All tests shall be performer in accordance with California Test 669. T est Requirement ( I Adhesive bond strength to bottom surface of the marker using adhesives specified in Sections 95-2.05, "Standard Set epoxy Adhesive for Pavement tilarkers," and 95-2.04, "Rapid Set Epnxy Adhesive for Pavement %iarkers," psi....................... ..................................................500 min. (2) Reflectance................................................Specific Intensity Clear Yellow Red Oo Incidence angle, min. 3.0 1.5 0.75 200 Incidence: angle, Rein. I.L 0.60 0.30 (3) Strength............................................................2,000 lbs. min. (4) Water Soak Resistance......... No delarnination of the body or lens system of the marker nor loss of reflectance. Failure of the marker body or filler material prior to reach; j 500 psi in the bond strength test, (1) above, shall constitute a ` ding bond strength test. I Deformation of the marker of more than 1/8 inch at a load of less than 2,000 pounds or delamination of the shell and the filler material of more than 1/8 inch regardless of the load required to break the marker shall be cause for rejection of the markers as specified in Section 85-1.03, "Sampling, Tolerances and Packaging." 310-5.6.4.05 Placement All markers shall be placed on the roadways as indicated on the "Detail Sheet - Typical Placement" contained in the attachments section'of these specifications. Except as provided herein, maskers shall be cerr en, ter to the 3avement with Ra conforming to the provisioi-s of Section 95-2.04. n areas of new constructio where the markers are protected from all traffic;including the Contractor's vehicles , Standard Set Type adhesive conforming to Section 95-2.05 may be used. 5—aid protection from all traffic shall be for at least 3 hours after marker placement when the average ambient temperature is 550 F. or above, at least 24 hours when said temperature is between 400 and 550 F., and at least 48 hours when said temperature is 400 F. or below. The Engineer shall be the judge as to wnen Rapid Set Type adhesive has set sufficiently to bear traffic. Regardless of the type of adhesive used, markers shall not be placed under the following conditions: 1. When either the pavement or the air temperature is 320 F. or less. 2. If the relative humidity of the air is greater than 30 percent. 3. If the pavement is not surface dry. 4. On new asphalt concrete surfacing until the surfacing has been opened to public traffic for a period of not less than 14 days. The portion of the highway surface to which the marker is to be bonded by the adhesive shall be free of dirt, curing compound, grease, oil, moisture, loose or unsound layers, paint and any other material which would adversely affect the bond of the adhesive. Cleaning shall be done by blast cleaninq on all surf aces re ardless of a e or t e. The adhesive sha e p ace uniformly on the cleaned pavement surface or on the bottom of the marker in a quantity sufficient to result in complete coverage of the area of contact of the marker with no voids present and with a slight excess after the - iarker has been pressed in place. The marker shall be placed in position and pressure applied until firm contact is made with the pavement. Excess adhesive around the edge of the marker, excess adhesive on the pavement, and adhesive on the exposed surfaces of the markers shall be immediately removed. Soft rags moistened with mineral spirits conforming to Federal Specification TT-T-291 or kerosene may be used, if necessary, to remove adhesive from exposed faces of pavement markers. No other solvent shall be used. The marker shall be protected against impact until the adhesive has hardened to the degree designated by the Engineer. -22- • The adhesive requires that the mixing operation and placing of the markers be done rapidly. When hand mixing the Standard Set Type adhesive, not more than one quart. shall be mixed at one time, and the markers shall be a'.igned and pressed into place within 5 minutes after mixing operations are started. Any mixed batch which becomes so viscous that the adhesive cannot be readily extruded from under the marker on application of slight pressure shall not be used. Rapid Set Type adhesive shall not be mixed by hand. The Rapid Set Type adhesive shall be mixed by a 2-cornpanent type automatic mixing and extrusion apparatus. When machine mixing the Standard Set Type adhesive or the Rapid Set Type adhesive, the markers shall be placed within 60 seconds after the adhesive has been mixed and extrudea and no further movement of the marker will be allowed. In addition, no more than 90 seconds shall be permitted between the time the adhesive is pumped into the mining head and the time this adhesive is in place on the roadway and not subject to further movement. The mixed adhesive shall not remain in the mixing head fur more than .45 seconds. Adhesive remaining in the mixing head longer than this period shall be wasted before resuming the operation. Automatic mixing equipment for the epoxy adhesive shall use positive displacement pumps and shall properly meter the 2 components in the specified ratio, `Sao by volume of either -:,.:.pcnent. .fit the beginning of each da;, and at any other time oraerej by the Engineer, the ratio shall be checked by the Contractor in the nr!sence of the Engineer. This check shall be made by disconnecting the mixing heads, or using suitaole bypass valves, and filling 2 suitable containers with the unmixed compone.-ir.s. The mixing head shall properly mix the 2 components so that there is no trace of black or white streaks in the mixed material. All markers shall be placed to the line established by the Engineer. Reflective markers shall be olacea in such manner that the reflective face of the marker is perpendicular to a line parallel to the roadway centerline. No pavement markers shall oe placea over longitudinal or transverse joints of the pavement surface. 310-5.6.4.06 310-5.6.4.07 Measurement The quantity of reflective and non-reflective markers will be measured as units determined from actual count in place. -23- 310-5.6.4.08 Payment The contract unit prices paid frr reflective and non-reflective: pavement markers shall include full compensation for furnishing all labor, materialt., tools, equipment, and incidentals, and for doing all the work involved in furnish;ng and placing pavement markers, complete in place, '.ncluding adhesives, as showi• on the plans, as specified in these specifications and the special provisions, and as directed �-/ the Engineer. 3i0-o,0 T�Pstir� The Contractor shall submit to the Engineer, prior to corr mencement of work, the following written documentation: 1. "Certification of Compliance" All markers to be furnished shall have written certification from the State Transportation Testing Laboratory indicating compliance with Section 85. 2. "Quality Assurance Certification" All markers to be furnished shall be provided with quality assurance documentation frorn the manufacturer indicating such. -24- 2k ATTACHMENTS t r, , t M t: 4 ` lfp r 1 0 v f � A STATE OF CAWORNIA I me a Notate Publ.( ,n and Ic,, %.;i State ve,%r,nal' ► no.%n to ► r to he the p-,kin .�' i•lf n>mN �< t �1sC• ►,,.� thf with,r Instrumenl as 11f! ATT_,�,-��,.� �n PaCI OI Af!E RI(' 't \ MOTORISTS Me that he hr d•-,, C► Sad ComLiani, `'� Surat antJ h s n,�n ,•.�,••• :• � /� •w•��w•1•�••�•.�w• ••�1��w•ww�• r P is T': i' .•n ► ir+ FdC1 �t\�i�i11U/////'�r/�1��11��\��•�1 \r � �'�t�t• , ;�rl�C �• BID W E : 5/7/85 AMFR ICAN MOTORISTS I NSURANCI COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS : That we , ORANGE COUNTY STRIPING SERVICE, INC, as Principal , and the AMERICAN MOTORISTS INSURANCE COMPANY , a corporation organized and existing under the laws of the State of Illinois , and authorized to do business in the State of CALI Iq as Surety , are held and firmly bound unto the I TY OF H ITINGTON BEACH as O b 1 i gee , in the sum of THREE THOUSAND A[M NO/1OO************** ($3 0001()O)*****************COLLARS , lawful money of the United State of America , to the payment of which sum well and truly to be made , the said Principal and Surety bind themselves , their and each of their heirs , executors , administrators , successors and assigns . Jointly and severally by these presents . THE CONDITION OF THIS OBLIGATION IS SUCI1 , that , if the Obligee shall make any award to the Principal for : RAISED PATTY WXER PROGRAM according to the terms of the proposal or bid made by the Principal therefor , and the Principal shall duly made and enter into a contract with the Obligee in accordance with the ter,ris of said proposal or bid and award and shall give bond for the faithful performance thereof , with the American Motorists Insurance Company as Surety or with other Surety or Sureties approved by the Obligee ; or if the Principal shall , in case of failure so to do , pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond , then this obligation shall be null and void ; rrtherwise it shall be and remain in full fortes and effect . Signed , Sealed and Dated this 3RD DAY OF MAY 1985, AMERICAN WITORISTS INSURANCE COMPANY Y _! s,- SIEPHEN k. KOLB At to r n e y- i n- f d c t ORANGE COUO STRIPING SERVICE, INC, STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. t ON MAY 3pD. 19 E..._, before me a Notary Pulic in and for said State, personally appeared tephen C. lialb .�._ ..` a a0 known to me to be the person whose name is subscribed to the within Instrument as the Attorney-in-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thateto as .+ ����•�������+�����„�..,,....•� -urety, and his own name as Attorrmy•in•Fact. • OFFICIAL SEAL P. EIKMEIER • a NOTARY PUBLIC CALIFORNIA � • ORANGE COUNTY • my cominisvon EYpsts r or.25, 1986 � •���.�••a••�•.•••••••�•.•••�•• Notary Puhlic v %JWER OF ATTORNEY Know AU Men By These Presents: That the Amencan Motorists Insurance Companv, a corporation organized and existing under tha laws of thv State of Illinois, ar.i having its pnncipaal office in Lc►ng Grove, Illinois,ck)ts 1wreby ap(X]Int Stephen C . Kolb, Marie L. Jilek , R . G . Park and Mary M. Sullivan of L,os Angeles , California ( EACH )""**"'s's*ww*erer##*wa*Mesr�► r,raw�A**erg#�►**iwr*wM• its true and lav%ful agentts)and atuxney,10 in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31 1986, unleu sooner revoked for and on Its behalf as surety, and as its act and deed. Any and all bonds and undertakinngg© provided the amount of no one bond or undertaking exceeds ONE MILLION DOLIARS ( $1 ,000,000.00)********************** EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory tote, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by i is regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and Is hereby certified tD by the undersigned Secretary as being in full force and effect: "VOTED.Jut the Chairman of the&mrd,the Chairman,the President,or any Vice President,or their appointees designated in writing and riled with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances,contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for accepunce of process" This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981. "VOTED, That the signature of the Chairman of the Board, the Chairman, the President, any Vice President,or their appointees designated in writing anc!tiled with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretarryy,may be affixed by facsimile on any power of anomey or bond executed pursuant to resolution adopted by the Board of Directon on May 20th, 1981 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this .r.2.19t_-day of SP-n _F-bmh P r , 19 ._. 84 Attested and Certified AMERICAN MOTORISTS INSURANCE COMPANY 131 of K.H.Johnson,Secretary G.H. Kasbohm, Vice President STATE OF ILUNOLS COUNTY OF LAKE } I, Margaret Redmore, a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires:July 6, 1988 ViNarPm Rtdrnom,Notary PuWic FM O36-3 7414 1M PRINTED IN U.S.A. Power of Anomey—Term Bond \o..: .. `S.`435.. 506 00_ r� SURETY BOND ENDORSNT To be attacbed to and form a part of.... PF1?IY)!tl`lr�Nk'f., e�PAYriI.Nl' and issued by the undersigned Cornpany, as Surety, on behalf ol_.U111�.��lCll. C.rx��J1^� S'I'��1.NNr-i SMVIC E I11r. CITY and in favor of OI IiUT' , _......_..__._.... ................ ..... . ...... . . as Principal, 119 ICON IiUtclI E.tfertim...—__ S I_. ..>>..._.__. _._..._......._..., 19._..'... , the Principal and the Surety hereby agr" to amend the attached Bond as (Wows: • PFT*-V,ti<'1:�I� E AM,,) PAYM1.2,4 I' 1K)NDS 'P:) (r)VITAGE OF ONE Yl:;,J2 'SSA I IM-II A.NU MUM IV I'f':I t 0)N111w%(7I' Provided that the liability under this endorsement shall be hart uf, and not in addition to, the liability corder the attached bond, and in tw went cumulative. Nothing herein contained shall vary, alter or extend :.ny of Cie provision.,, 0111ditMns, or other terms of this bond except as above stated. Signed, sealed and dated this ........ day of . ....... I;I•;:. T 01t11NGI: (.. )UN1,71, S'M I P I X .._...... ........... ,v.....ei.........,..1... By- ... . . c Tidf i+.�lf��11:f1:'`: �X7It)!t I�''1'S I is l'I�t�:"iC'l: C.'C�i•iP11I�'�' ..... `.- ._.,�� .. .Iffy ...../ ...../......%��.....».._ ACCEPTED: _ 17 1.of 7ti C. K0I 13 Attorney in fact C TTY OF f IUI�lI I NGIUN 13I1+C'f 1 .... ._..._..._........ .. .... .......... ......`.roe of III L.,.... AS "i Mat B ........... . ... G:•ii, ,� ...... .. . ............. �•. .."I't'tj"';Z'iL't' ' . 1?n:ltlrsemcnt 1\0 T.t,f 1,p?;?QC::D AS TO FORM'I Sit;; Attorney, DtipUt7 Cit Attorney b� ; C:tJ• A`-LortLof IK 611-4 141 19M ���\� �� /RINTto IN U_Lk City of Huntington Beach Department of Public Works P. O . Box 190 Huntington Beach , California 92648 Attention: Subject : Certification o; Compliancf: .%,ith Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 19721 Gentlemen: The undersigned, contractor on CC- 5 116 Co s Q> PA U!-M r 1 A2kFRQgG w' Project No . Title r hereby cert ! ` ies that all laborers , mechanics , apprenLLces , trainees , ,watchmen an% •uards employed by him or by any subcontractor perform- ing work unL the contract on the project have been paid w_ qes at rates not less than those required by the contract provISIOns , :in''. that the work performed by each such laborer , mechan Lc , appr� �•_ : ��: trainee conformed to the classifications set forth in tho contra-CL training program provisions applicable to the wage rate: paid . Signature and TitleAI'I`IPXr-'-VhL hl_(7, ,� _ �•�.c iL�..a NOW I Il ►;NI1'16TON :it AC ,A0, F r,r�f Al It 114NIA Offlcc of th" City C11,16, hr1P1 40 Holk IC I Ij ,' , t r N111C.E 1`, Ht { i fiti �i` I tll,lt th+' ! l)Iltl' ll't hf'r'1'tc1fU1'1' �1w�ir'IJi'(1 �)'i f,1, (, lI 'j f.111111( I (;1 the City of Fitlntindton Veil rh, CaIiforni'r to t)r�rngc (chilli, `.:tI- ipinlj ';er•vice 1t;3 PI . Pixley Street , Orange, CA 92668 who was the company thereon for doing the following work to-wit : furnishing and installation of raised pavement markers on Bolsa Chica/Edinger Avenue/Warner Avenue/Yor•I.town Avenue, Project CC••5f6 , in the City of Huntington Beach , CA. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on November- 4 , 1985 -� That upon said c,)ntract the AMERICAN MOTORISTS INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach , California , this _ 5th ___ day of NOvembe r_.___ , 19 85 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach , California STATE OF CALIFORNIA j County of Orange City of Huntington Beach I , ALICIA M. WENTWORTH , the duly elected and qualified City Clerk and eh-officio Clerk of the City Council of the City of Huntington Beach , California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach , California , this 5th day of November• 19 95 . This document is solely for the official business or the City �,/ %► of Htsntinoton Bench as contem- ` rc' ``� `'•✓�� ,e��'�"� plated under Government Code City Clerk and ex-officio Clerk S9c. 6103 and should be recorded of the City Counci 1-of.,the N t:y• free of charKe. of Hunti ng-on Beach ,` Ca? i`fornia CONFORMED COPY Not Coripiind Wlth Origin " �1HlH RECi�ltt)ih MA ll-� O l f-5fai r �• ' ,:In M i1104111,6,10N Ut-At_:1t EXEw)FIT t.rtticc (it tilt' CRY CAVI1. r 11 1137052 ltlnitu,✓to1l ilr.1, I. t"41it ►it)i IUI OI 1'.0r11111 T 1(lfl f10TICE 15 HEREBY GIVEN that the contr•dc t hurutiifor•e awdi-dvd by the Cit/ LUUrILI I of the City of ihnitirojtoll llcach, California to llranyri Cuuni,y :U'iping Service_ - 183 H. Pixley Street, Orange, CA 9266b who was the cumpany thereon for duing the following work to-wit: tU I'll lsl►iny dnu In�isiiutI..l1 ut I•.;1-...,: i �;t. .•: !! :I:I :•. (.I1 tit11,:1 �Ii,:.IlEd+nntr Avenue/Warner AvL'nw_-/'iorktowtl A7er1je, Proje'.t irl the t its of I111110111Jtull Beach, CA. -- RECOM*D IN OFF�IA�AI FnInC. (W OIaANCE COUNTY .2nPM NDV1 ; .. That said work Nay C mpleted by said company according to hlarl, and S ens and to the satisfaction of the City Engineer of the city of Huntinritun Heach end that Said worm, was acrepted ,)y tilts City Council of the City of Huntington each ,it a re()ular meeting thereof held on linvt"1t!e'r � , 1� That upon semi r0ntr-30. tilt _ FMENIC�•!1 1 +1C"1`.'. . lt(,"I,;. �fl ( r�J1 r•'�r - -- wd,, surety for Ole h:mj given by tht- said coll,;ldn, a; rt:.lei rt .i by law. Dated at Ifurltirigtori Breach, _alif ;rnia, 011; St A"... u! 1olveliber 1'_► l%`� i . fi!; CherE. and e4-UTi1Li0' L r'. 1)f tilt! c i ty Count.i I o f tilt: C it) r.t Huntin,;tor) beach, CiIi1(wrlla STATE OF CALIFORNIA Cuunty of Oranyu City ut HuntingUal Beact, j I , ALICIA M. 4111W0l41H, Or ctuly elr-te.l and 1411n1if;,•d i it ,- t ""L IW! •r - •t :..'.: Cie--IK ul ule I, ILY 1. 111101 7t INt! laity of Iiuntirlgtun Beach, laliforllid du hereby certify under' penalty of lit►jur'y. that the toruyuirig f,GTICL Of LOMPLETION is true dnd correct, and that said tii1TICE 01' Ct>'ifLEIION was duly and regularly ordered to be recorded iri the Office of the County Recorder of Or'angQ County by said City Council . Dated dt Huntington Beach, California, this 51h _a a; or _ NovCcIber _ , 19 ,15 , Thin document 1s solely for the _ ernoinl business or the city t' ! r i�%J -j or Nuutin!ton Beach, as contem- _rt•_..`1`_ �_� t_C-Ve-r plated under Coverrusant Code Clty C�ler'l and ek-ofTicio CT r► Sec. 6103 turd should to recorded of the City CoumiI tat the City t#reo or chnrRe, ut Huntingtun Beech, California REQUFT FOR CITY COUNC* ACTION Date August 28 , 1985 Submitted to: Honorable Mayor and City Council o Submitted by: Charles W. Thompson , City AdministratorL �- I �, `;'tti , 1 J Prepared by: Paul E . Cook , Director of Public Wor}'..8j,K-' Subject: NOTICE OF COMPLETION FOR TFIE RAISED PAVEM1;-NT' MARKERS PROGRAM: CC-586 Consistent with Council Policy? [K] Yes [ ) New Policy or ceptio Statement of Issue, Recommendation, Analysis, Funding Source, AlternNoifrActions, Attachments: ? ;? STATEMENT OF ISSUE : Orange County Striping Service , Inc . , has completed all work related to the raised pavement marker pr.ograin on Bolsa Chica Road, Edinqer Avenue , Warner Avenue and Yorktown Avenue . RECO MENDATI0i1 : Accept the work and instruct the Cite Clerk to file a notice of completion . ANALYSIS : The following is a summary of increases in the contract costs : Contract Bid : $4 , 443 . 12 Increase in Contract Quantities : -0- Subtotal : 54 , 443 . 12 Liquidated Damages : -0- Total Contract Price : 54 , 443 . 12 FUNDING SOURCE: Traffic F.ngineerinq capital outlay account $415632 . ALTERNATIVE ACTION : N/A ATTACHMENTS :N/A PEC:Kll : dw PIO 4lB4 REQUE. J FOR CITY COUNCIJ ACTIONL� Date August 28 , 1985 Submitted to: Honorable Mayor and City Council 1 Submitted by: Charles W . Thompson , City Administrator Prepared by: Paul E. Cook , Director of Public Works , Subject: NOTICE OF COMPLETION FOR THE. RAISED PAVEMENT c� j ct"1:rcx MARKERS PROGRAM: CC-586 Consistent with Council Policy? (X] Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : Orange County Striping Service , Inc. , has completed all work related to the raised pavement marker program on Bolsa Chica Road, Edinger Avenue , Warner Avenue and Yorktown Avenue . RE COMI-IEN DATI O14 : Accept the word; and instruct the City Clerk to file a notice of completion . ANALYSIS : The following is a summary of incrr-ases in the contract costs : Contract Bid : $4 , 443. 12 Increase in Contract Quantities : -0- Subtotal : $4 , 443 . 14 Liquidated Damages : -0- Total Contract Price : $4 , 443. 12 FUNDING SOURCE: Traffic Engineering capital outlay account $415632 . ALTERNATIVE ACTION : N/A ATTACHMENTS : N/A PEC: KH : dw v '10 4194 CITY OF HL.. NTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 31 , 1985 Orange County Striping Service 183 N. Pixley Street Orange, CA 92668 RE: Furnishing & installation of Raised Pavement Markers on Bolsa Chica/Edinger/Warner & Yorktown, Project CC-586 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file , with this office , before the City can release any retention funds. 1 . A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. 2. An affidavit stating that all workmen and persons employed, all firms supplying materials , and all subcontractors have been paid in full and that there are no outstanding claims against this project. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds , please tali Don Noble, Contract Administrator, 536-5441 . Alicia M. Wentworth City Clerk AID+W:b t CC: Don Noble, Public 'Works Dept. Enclosures : Sid Bond Cash Contract Certificate of Compliance (Tale phone: 714.53&5227 I 0 CITY OF HUNTIt GTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 31 , 1985 Wor{s Striping & '4arkinq Service 23.37 Estrado St. , Pasadena , CA 91107 We are returning your bid bord ,,,rich was submitted with /our proposal for the furnishing and installation or Raised r Pavement Ilarkers on Bolsa Chica, Clinger, ;Darner and '!orktown , Protect CC °6, in the City of Huntington Beach. The contract for this job was awar'led to 'Jrange County Stripin Service, Inc . , of Or.3rrie. We woula like to take this oppertuni ty to thank you for your interest in submitting a proposal . Alicia '-1. Wentworth City Clerk 414: bt r-nclosure (Wt pion e: 714-636.52771 ChTY, FUNDED PUH IC WORK CONTRACT ME'I . THE 4; . CITY OF.rHUNTINGTONuDEACH �ANDa.ORANGE,!COUNTY�'STRIP.ING SERVICE, INC. FOR THE :C NST CTION 'OF RAISED PAVEMNT MANOWON WARNERb AVENUE# BOLSA CHICA ROAD, EDINGER AVENUE AND YORKTOWN AVENUE THIS AGREEMENT is made and entered into on this .3/a day of 19 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California , hereinafter referred to as "CITY, " and Orange County Striping Service, Inc . a California corporation,hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT , " more fully described as the furnishing and installation of inised pavement markers on Warner Avenue, Balsa Chica Road , Edinger Avenue and Yorktown Avenue, in the City of Huntington Beach, California ; and , CONTRACTOR has been selected and is to perform said work ; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged , the parties covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall. furnish, at its own expense , all labor, plant , tools , equipment , supplies , transportation, utilities and all other items , services and facilities necessary A,-.a complete and construct the PROJECT in a good and workmanlike manner. 1 . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROTECT , during its progress or prior to acceptance, from the action of the elements , from any unforseen difficulties which may arise or be encountered in the prosecution of work , and for all other risks of any description connected with the work, including , but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work , except such as are herein expressly stipulated to be borne by CITY , and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement , and in accordance with the requirements of CITY 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 performer], in accordance with the stipulated prices named in the Bid Sheets) . 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 a '_1 such matters and is relying in no way upon any opinions or representations of CITY . 2 . 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 relatL 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 . -"he 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 1982 edition of Standard Specifications for Public Works Construction, published by Builder' s News , Inc. , 3055 Overland Avenue, Los Angeles , California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E . Bid documents including the Notice Inviting Rids , the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; 3 . 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 , the sum of Four-thousand four-hundred and forty-three Dollars and twelve cents ($4 , 443. 12 ) as set forth in the Contract Documents, to be paid as provided for in Sections 1 , 6 , 13 and 14 herein. 4 . . M 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 within Thirty ( 30) calendar days from the execution of this Agreement by CITY, excluding delays provided for in erection 11 herein. 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 Section 4 herein. 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. 5 . r' r 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. 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 site will be available on the date the Notice to Proceed i3 issued. In event of a delay in commencement of the work due to unavailability of the job site, 6 . for any reason, relief to the CONTRACTOR shall be limited to a time exten- :on equal to the delay due to such unavailability . 8 . BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement , furnish the following 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 and to warrant such performance for a period of one ( 1) year after CITY ' S acceptance thereof , and one in the amount of fifty percent ( 50%) of the contract price to guarantee payment of all claims for labor and materials furnished . 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed . CONTRACTOR, tithin 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 as an employee of CITY. CONTRACTOR shall secure, at its expense , and be responsible for any and all payment of income tax, social security, state disability 7. 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 completer) within the number of calendar days as set forth in Section 4 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 twenty- five dollars ($25 ) per day for each and every working day' s delay in completing the work in excess of the number of calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided , and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 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 unforseeabl.e causes beyond the control and without the fault or negligence of CONTRACTOR, B . including , but not restricted to, acts of God or of the public enemy, fire, floods , epidemics , quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen ( 15) days from the beginning of any such delay ( unless 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 3ecision 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 by CITY , or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible , or by the combined action of the workers , in 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 Trade 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 ; ,icluding without limitation the furnishing of material by CITY or do77? ys by other 9 . contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 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 ESTIMTED 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 10 . 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 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 .gore of the value of the work as determined from the bid schedule , and if the DPW 11 . 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 paymen a 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 pc.yment 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 an 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 substi.tution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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 12 . supplying materials and all subcontractors upon PRCI7ECT 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 stat-•!-As of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate ;hall 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, agents 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 property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY . CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when regiiested by CITY, and any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 13 . t, 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 such Workers' Compensation Insurance in an amount of not less than One-hundred Thousand Dollars ( $100 ,000 ) , at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the worX hereunder, furnish to CITY, on a form approved by the City Attorney, a certificatf. evidencing such insurance ; said certificate shall include a provision that the insurer shall notify CITY at least thirty ( 30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty ( 30 ) days prior to any cancellation or modification of such policy . Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement . 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 . 14 . r . 20. INSURANCE A. CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY, its officers , agents and employees and all public agencies as determined by the CITY as Additional insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three-hundred Thousand Dollars ( $300 , 000 .00) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same . B. CONTRACTOR shall acquire an error.-; and omissions insurance policy covering all work performed by it hereunder . Said policy shall provide coverage for CONTRACTORS errors and omissions in an amount of not less than 5300 , 000 . C . Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attornny evidencing the foregoing insurance coverages ; said certificates shall pr ,vide the name and policy number of each carrier and policy , and shall state that the policy is currently in force and will not be cancelled without thirty ( 30) days written notice to CITY. 15 . 0 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 shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this 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 . 21 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified , or is adjudged 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 w}-ich the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22. 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 16 . 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 . 23 . 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. 24 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . In accordance with California Government Code Sections 1090 et seq. , but subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit , either directly or indirectly, from this Agreement . 25 . ATTORNEY ' S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement , the prevailing party shall be entitled to reasonable attorney ' s fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled . If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses , CITY shall be 17 . entitled to reasonable administrative and attorney ' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. 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. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 26 . 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 when delivery is to be made , at the place of business of such party , or to any other place designated in writing by such party. 27 . CAPTIONS Captions of the Sections 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 . 18 . 28. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written . CONTRACTOR: ORANGE COUNTY CITY OF HUNTINGTON BEACH, STRIPING SERVICE , INC . , a municipal corporation a California corporation "° Robert G . P tterson-Press ent Mayor 4. Stephen J . Heinze -Vice President ATTEST: APPROVED AS T/R FORM: agf-��� , City Clerk C At to e REVIEWED PPR ED • INITT'AqhuD AP P D : City Adminillstr-atft Direct r of Public Works JN : lv 09951 5/29/85 19 . REQUESOFOR CITY COUNCIOCTION hit 14. Date May 9 , 1985 OUNCII• vu �p1cuYL 1 Submitted to: Honorable Mayor and City Council Submitted by: Charles Thompson, Ci tv Administrator � 1 • ctrY Prepared by: Paul E. Cook , Director of Public Works- Subject: Approval of Contractor for the Furnishing and Installation off�Raised Pavement Markers on Bolsa Chica , Edingex , Warner Consistent with CouncilPolicyo l'tow�nxj Yes-586 ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: , Statement of Issue : The City Council has previously approved the solicitation of contractors for the installation of raised pavement markers on four major roadways in the City of Huntington Beach . Recommendation : The City Council accept the proposal submitted by Orange County Striping Service, Incorporated and authorise the Mayor and City Clerk to execute the standard contractor agreement on behalf of the City. Analysis : In order to effectively complete engineering construction in a timely manner, it is recommended that a contractor be retained. The following proposals were received : Orange County Striping $40443 . 12 Works Striping and Marking $5 , 349 . 50 The work to be done under this project consists of furnishing and installing raised pavement markers on Dolsa Chica Road , Edinger Avenue , Warner Avenue and Yorktown Avenue . The bids received were received well under the engineer ' s estimate . Funding Source: Traffic Engineering Capital Outlay Account =415632 Alternative Action : Postpone construction until a later date . CIT: PEC :KH: lw PIU V84 ' ' l • • • L r' !' i 1 M"14GTON E64CH.GRFO W PtANf/WC DfTMRTMEK PROJECT.. LOCATION MQP«: . INDIVIDUAL PPOZEC: AGENDA ROUTING SLIP T F INITIATING DEPARTMENT Public Wozks Approval of Contractor for the Furnishing and installation of Raised SUBJECT Pavement Mairkers cc P,nl sa Cbica., FAingp-r, Warner and Y)rktown- CC 586 AGENDA DEADLINE DATE May 10, 1985 To Administration MEETING DATE May 20, 1985 I 1 LEGAL DEPARTMENT WITH EXHIBITS INITIATING DEPARTMENT — RE`JIE'/V/APPROVAL By: Paul E. Cook ( ] ( ) Ordinance [ ] Exhibits ( 1 I ) Resolution I ) Exhibits Contract or Agreement ( ] Exhibits ( ) ( j Financial Impact Statement — Unbudgeted items over S1,000 ( 1 ( ] INSURANCE REQUIRED ( ) ( ) BONDS REQUIRED 6c) [ ) RCA DO ADMINISTRATION bt) CITY CLERK FOR AGENDA COMMENTS: P10 12/94 May 7 , 1985 r:R ' S LSTI1-LN'rE : JOB -V.'P CC NUMBED: Fu nishinq & In of Raised Pavement Markers on Bolsa Chica , Edinger, Warner & Yorktown; CC-586 BIDDERS NAME ! TOTAL B I U A!•SOUNT Consley & Monzigny Co. , Inc. Orange County Striping 7 ` 3' Raco Traffic Operation, Inc . I Works Striping & Marking I I i Iti't7(F Superior Court OF THE .STATF:OF('ALIFORNIA In and for the('ounty of Orange CITY OF HUNTINGTON BEACH INR('N)F OF NltR1.1CATION HEARING CC-586 o NttTit'T.thft' 4'QrMzn Nib •,. _..-.. .. •• WSW State of California I tietk. bwnbf frwet tLa the Chy*e4umg�d the�d HaaLirtw Bwac r (.'uunt�'of Orange 1`" l'alitum i ew1.n eaTMi �rDA.enm. t4 far �tr,iea Elkil:o.d,Fdo�uJoidlio` Arwit ao t -altc.n+Anmrr b+WCit�d Haalle+ftm Bnds,CallLatata la.oad..ae aath W! D A R L E N E H . M A L O N E p�{�gad tiaaa arse P".. er at me d the dfloe d the D redw d I, .Itbu4c wer4i.t)o =ais r11I I ewWbIt w Ar4 2t,13U.A dory d SXA aot r refundable,till be required for Wh ewt of opKifiratx+at aad WX=ParAM dye*-r That I am and at all time- herein mentioned wnr it citizen of ieI*. DMM7"CAI pftlr.WOW FSTMATL the United States,over the age of twenty-tine years, and that I Wi.atIt�elmr� �x>.a,t re>trlm on Barr('Lka)Toad ln�m am not a party to,nor interested in the"AN entitled matter; Werner AvwmrwtoHmehuRned: that I am the principal clerk of the printer of the I IWAU nixed r•erar at UWLwn W MH A+tnw tram Fk,br Cho gad to HUNTINGTON BEACH IND. & REV. Carnte"Dove a newspaper of general circulation,puhli�hrd in t lie('uy of x Insult Flue)joe►tme+,t nviere on Ytlrttume fras Gmeeneet sum to HUNTINGTON BEACH �`etQSene`. a. Iraw nlyd p4tvwmt marlin anNarner Aenu.from Gr:hata Strowt tad County of Orange and which newspaler is puhlirhed for the S4densat5ttr•et a diseminatiun of local new% and intelligence of a general charac ter, and which newspaper at all times herein mentioned h,ed Inartaedaawi"Mthe it>Teeth Im0ithlahortCs,ol�,tls •Stn�ot� and still has a bona fide subscription list of paying ;ub%criberr-4, cabimah Dirwwrer'd tN bepartaeKtt uf.fadullilal Itelatioae a>taY det.rdra the and which news pa per ha, rnw al Mformimtaw. biMeott'CMWoda.K°°piut°ftlseMtrt l l been e,tahliKheol. printed and pub. �ex�nudete�rus4natiawn f+7e.ttbeafffoee,(tSe Ot Qsri� lished at regular intervals in the said County of Orange fur a off,notthwDirecwwof Pak W,rbattlit0tTdN.utWguo8 period exceeding (one year, that the notice, of which the I'1ar+r are!ervd5oda++r,tr;etba ontlt f°rta may be i annexed is a printed copy,, has },rcn published in the regular i ofticeoftMllinrtardPuMiaKeKh.CityHa:L �•GWoeala� 1 t> { \a aid edJ lie rm4wd ttaim it 4•�wee a. , farce lNrnM6ttt�r ilk and entire issue of-Laid newspaper, and nol in any ,upplernent Dfmtr•tolP6diwwarki'tbrorgddWUeUmofo spau"t0danIs adWtatM.' there,d,tin the following datr•e,t+,wit. ppm4n.al nquunaeuta,set fom to tb tp'enrirsims.for W dirw%k+as isI& tW bdoiaot. ' ir+. t'tertdli:biie0.J 9hu i JN i I'bol j,for tP.10 April 18 , May 2 , April 25 , 1985 cam of tbs t d HunuWw Basch don toot esprom a by'A tap " tlal t6t +KX+.r ar, vA e+(rwrk.sill verr.epoad III but re..nes the jifht to it+naeei Wdour+r tht s oaonat cd 0"cum or of t61t1a WA u any Ve deetped ewtee+wrtq a"rWieat by the l3by ar of W er4 •�,� Ail bide t+ixl be ooeapared oe the bear dude Dim4r d P.bl a w4lb seUM1tr40 �f the pwt.-eitfwa d awri w b.duel: •-� 'w r1 $ubetituilat rl oktrrltLs for and t+enaim ritlAieW by thi Cit to 68bn ppfarm• ; ar6 stall be'pn duW lu apaordance Mich PmAsioetr of the CaW�G9061 t1 mt' cad .SltilettIts.•!. �iwk r A�*!a: j,:' ^l., Uie;aL.D b t+tade wt'm a fps b be obd al W t>Rloe d IM Dii�c+tii`' 6f Pam Rpl ' awat.w�q,ft."70]Aabt 8t+ae.Nuot op LMeFb,GWar ale;+hall be,eeaje wd aid Tiled Mtb t4 City.Clert At tba Ctrle Wa10 llewad Tiow ii O I —rt�fy(or declare) omler penalty of :•••rjor• +ti it the forego AdnWiratioa , XAM Fdaiq'llaeeli"N Ce�fterir.'am erg ing is true and r e+rrert. ,betm 10oU4/�.�d.?UsiMetjIW.r1wllbl` blq oeslt� PoWd� tm oil Clw4 the ft Apa w ud T7 wiar wki>t at tip wlborL►�.� Carden G r a e �,pead gad tt,.*1111G a Nfd ' wW bi World W tb1 Cio C a Dated at. ?. . . . . .. . . . . . . •Y. id N W2 4 at Wit let be bold m MmSey tb= ea Citr of L 4d� toy d M.y,lfis,' rat{W han of rrao 71 aty + ¢uah.F}ix lLr city • Ceatae'd oeFrt tf Hm Beek ti+a,A, t4°ar rid City i Calder la,this . . . . . . d y of M a Y 1 J. 8 5. Cawttes' it like MQ ll.ull. r , TM(It*of ai8m"b"C "Wa morm t!M rybl to Rita W.a all N t F+id�.ac!to,r«pt tM 66WW drero ear tha t.+rt Idwnrt of ttt Gty d Hu Uwe fkwlo,eatlif IL.. . .M �f'1� �Imam ion alde�of tA.City Couac',t d�+.City of Iluntlytoa Baeeh,CalJerela ehie� Signature ;A ' f Afide weote ud M P�i,L April I llb A Maii It ti6S s Huntir+�toa 1h+ech!W RA.a7I8d1 Authorized to Publish Advertisements of all kinds Including public nup.ices by Derres Pi the Supdrior Court of Orange County, California, Numbcr A•6214, dated 29 September. 1961. and A-' 4831, dated l t June, 1963 STATE OF CALIFORNIA Cc,unty of Orange VuaK NOIKS AC'hA1V%Q COWMw PUBLIC NOTICE I PUBLIC NOTICE I PUBLIC NOTICE er 1Mr 5"M11,91 Is w1 .n t "M w11' 10 MA COo^n w%'1^ NOTICE INVITING SEALED BIDS CC-SOS Notice is hereby I am a C:lizen of the United States and a resident OI Beach,California wilgiven recilve sealed City b bids or the of the and I stsl e. the County aforesaid; i am over the age of eighteen Non of raised pavement markers on Warner Avenue,Balsa Chica Road, Edinger Avenue and Yorktown Avenue In the City of Huntington Beach, years, and not a party to o 3sted if, the below ; California In accordance with.the pans and specifications and special , provisions in file In the office of the Director of Public Works.Documents i entitled matter I aryl 3 principal Clerk of the Orange will be available on April 23,1985.A charge of$20.00.not refundable,will Coast DAILY PILOT, with which is combined the be required for each set of specifications and accompanying drawings. NEWS-PRESS, a newspaper of general Circulation, DIRECTOR OF PUBLIC WORKS ESTIMATE printed and published in the City of Costa Mesa, Work Item Quantity 'ounty of Orange. State of California, and that a 1. Install raised pavement markers on Balsa Chica Road inviting Sealed Bids from warner Avenue to Rancho Road f4o:ice of 2 Install raised pavement markers on Edinger Avenue frcm Balsa Chica Road to Countess Drive 3 install raised paw meet markers on Yorktown Avenue from Goldenwest Stret to Main Street 4. Install raised pavement markers on warner Avenue `— from Craham Street and Goldenwest Street of which copy attaChnd hereto is a true and complete In accordance with the provisions cf Section,1773 of the Lab"or Code, copy, was printed and published in the Costa Mesa, the State of California, Director of the Depatiment of Industrial Fleiallons shall determine the general prevailing rate of wages, applicable to the Newport Beach, Huntington Beach, Fountain Valley, work to be done,copies of the latest general wage rate determinations nre on file at the office of the City Cork and the office of the Direc'^r of Public Irvine, the South Coast communities and Laguna Works of the City of Huntington, Beach, California. Beach issues of said newspaper for I Plans and specifications,togel',er with proposal forni,may obtained at the office of the Director of Pub Ir:Works, City Hall,Huntington Beach. California. Consecutive week to wit the iSSUe(S) of No bid will be received unless It Is made on a bla i= form furnished by the Director of Public Works.The special attention of prospective bidders Is called to the proposal requirements, set forth in the specifications,for- full directions at.to the bidding. 1-1 _ 198 5 The above quantities are approximate only, being given as a basis for the comparison of bids. and the City of Huntlrglmi Beach does not exp,:is or by implications agree that the actual amount of work will April 2 5 corit;spond therewith but reserves the right to Increase or decrease the 198 amount of tiny class or portion of the work.an may be deemed necessary or expedient by the Director of Public Works. 1.1a y 2 All bids will be compared on the basis of the Director of Public Works 198--- estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to Insure performance shall be permitted In accordance with provisions of the 198_— California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Maln'.Streat, Hunt- _ _ 198__ Ingten Beach,California;shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Bullding, 2000 Maln'Street, Huntington Beach, California, on or,before,:,10:00 A.M., the 71h of May, 1985,and shall be opened by a committee composed of the City Clerk,the City Attorney and Director of Public Works or their authorized representa- I declare, under penalty of perjury, that the tive and the results of sa.-i bidding will be reported to the City Cotincll of foregoing is true and correct. said City of Huntington beach at their regular meeting to be held on g ' 9 Mo!lday. the 201h day of May, 1985, at the hour of 7:30 P.M. In the City Council Chambers in the Civic Center of said City of Huntington Beach, and shell be acted upon by said City Council at the regular meeting or May 20, 1985. Executed pn _'�la y 2 _ 198 5 The City of Huntington Beach,California reserves the right to reject any at Cost esa, Califor Ia. - or all trldz, and to accept the bid doxemed for the best Interest of the City �� of Huntington Beach, California. BLS order of the Ciiv Council of the Cityof Huntington Busch, California this April 15, 19eS. g Signature ATTEST: Alicia Wentworth City Clerk Published Orange Coen Daily Pilot April 18,25. May 2, 1985 Th-900 PROOF OF PUBLICATION REQUE-0 FOR CITY COUNCIf ACTION Gate March 29 , 1985 APPROVED By CITY COUNCIL Submitted to: Honorab 1� Mayor and Ci t}, Council Submitted by: Charles Tnampson , City Administrator Prepared by: Paul E. Cook , Director of Public �•lor}:s _ __ l ' �t7� c .exx Subject: Approval to Advertise for Bids for the Furnishing and Installing of Raised Pavement Markers ; CC-586 Consistent with Council Policy? (a1 Yes ( j New Policy or Exception �i Statement of Issue. Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: — t Statement of Issue : The City Council has previously approved action authorizing the Department of Public Works to install raised pavement markers on the City ' s roadway system. Reconunenda+_ion: That the City Council approve the plans and specifications for this project and authorize the Department of Public Works to advertise for bids for the installation of raised pavement markers . Analysis : Plans and specifications have been reviewed by staff and are ready for bid. The completed plans and specifications include work to be done on Bolsa Chica Road (;•Darner to Rancho) , Edinger (Bolsa Chica to Countess) , Warner Avenue (Colde-:west to Graham) and Yorktown ( !-lain to Gol_denwest) . The project will cover approximately 6 miles . The estimated project cost for the installation of these pavement markers is $ 13 , 000 . 00 . Project sites were determined by a number of factors . The primary factors dealt with prioritized accident rates which reflected accidents which occurred during inclement weather ( rain and fog ) and night time conditions . Funding Source : Department of Public Works Capital Outlay FY 84/85 Program (Account 0415632 ) . Alternative Action : N/A Attachment: Project Location Map CWT: PEC: KH : lw P10 4184 i AGENDA ROUTING SLIP INITIATING DEPARTMENT Public Works SUBJECT Approval t:) Advertise for Bids for the Furnishing and Installim of Raised Pavenent Markers; CC 5B6 AGENDA DEADLINE DATE __ April 5, 1905 o Administration MEETING DATE April 15, 19a5 ( ) LEGAL DEPARTMENT WITH EXHIBITS ( � INITIATING DEPARTMENT — REVIEW/APPROVAI By: Paul E. Cook I 1 ( ) Ordinance ( ) Exhibits ( 1 I 1 Resolution ( 1 Exhibits ( ) ( ) Contract or Agreement ( ) Exhibits ( ) [ 1 Financial Impact Statement — Unbudgeted items over S1,000 ( ) ( 1 INSURANCE REQUIRED ( 1 ( ) BONDS R EOUI RED ( � ( ) RCA ( ADMINISTRATION ( :} CITY CLERK FOR AGENDA COMMENTS: PIO 12/84 NOTICE INVITING SEALED BIDS CC-586 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive seared bids for the furnishing and installation of raised pavement markers on Warner Avenue, Bolsa Chica Road, Edinger Avenue and Yorktown Avenue in the City of Huntington Beach, California in accordance with the. plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on April 23, 1985. A charge of $20.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Wark 'Lem Quantity 1. Install raised pavement markers on Bolsa Chica Road from Warner Avenue to Rancho Road 2. Install raised pavement markers on Edinger Avenue from Bolsa Chica Road to Countess Drive 3. Install raised pavement markers on Yorktown Avenue from Goldenwest Street to Main Street 4. Install raised pavement markers on !'earner Avenue from Graham Street and Goldenwes'► treet In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the Cite of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntinaton Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deerned necessary or expedient by the Director of Public Works. N-1 l All bids will be compared on the basis of the Director of Public Works estimate of the quantitie- of work to be done. Substitutioi, of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Developrnent Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Reach, California, 'in or before 10:00 A.M., the 7th of May, 1985, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 20th of May, 1995, at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center nt said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of May Z02 1985. The City of Huntington Beach, California reserves the right to reject any or all tbidt, rnd to accept the bid deerned for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this 15th of April, 1985. ATTEST: Alicia Wentworth City Clerk N-2 i i. CITY OF HUNTINGTON LEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 9, 1985 Consley & Montigny 4251 N. Baldwin Avenue E1 Monte, CA 91731 Re: CC-586 - Pavement Markers Gentlemen: We are returning your sealed bid, unopened, as it was noL received in the City Clerk 's Office in a timely manner, although mailed on Friday May 3 , 1985. The apparer. low bidder was Orange County Striping. The award will be made by '-he City Council on Tuesday, May 21 , 1985 at the 7 :3n P.M. meetir g. Alicia M. Wentworth City Clerk AMV):js ITeWphon•:71 r-51&52271 • s . 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Firm Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In caTliance with the notice inviting sealed proposals fox the furnishing and installaticn of raised pa%Y_-w..^t markers on Bolsa G"tica, Edinmr Avenue and Yorktown Avenue and ,darner AvRnue CC-586 ' I '4reb'y propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, speci- fications and special provisions for the said work and to the satisfaction of and tamer the suF rrisicn of the Director of Public 'fir ks of said City of Huntington Seac'.h, Cali.`.or:ua. Tr R =Versigned has not accenrEd any bid from any subcontractor or materialnen !,xcugh any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or c. d.ch prevent any su'r_cont-acter or materialman fmn bidding to any contractor who does not use :,R facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the i=rovements ca, lete in place in strict con- fcrmity with the plans, specifications and special provisions, on file in the office of tM Director of Public Woacts, Cit~.1 of Huntington Beach, California, I propose and agree to take full payment therefore at t*.e following unit prices; to -wit: ITEM APPRdCX_w,XM ITS! 'A= UNIT PRICE � L,TJIT j NO- ! CL?Ltq= i WRIT�t Lv WOFMS i PRIG"' mD i, :urnish and install ore-way clear ; 854 ��.�rh ref lecti,,e raised pa,;i_- tt makers 1. ; for nortllibcund and soutrbourd lane i S__'. b4 Ea. i S 23254 . 56 lines rn Bolsa L-%ica frcrt Vrar.:er to Figures I j Pancho 'rwo dollars .iiiil sixty' four c-6tits ==s"i install ar:-Nav c lear reflecti%v raised pa,,ement�m. rkers 1 for eastbound and westbound lane S "'.G4 Ea '� S 139.92 2. lines m Yorkt-,.,j-, fran Goldenuest I Figures to nain Two !Iollars and sixty four i;ruts I Furnish and install one-way clear j reflecti,m raised pa%esrent markers + i 385.1-4 3. ! 14(t for eastbound and westbound lane $ ~.G4 $ Figures lines on Edinger fro, Bolsa Chica toCou ntress Two dnl l ors and fclur cents P-1 0 ITEM APPRCMAIE I ITEM WITH UNIT PRI= UNIT NO. ( G-1X,7 ITY I WRITTFSJ IN WORDS PRICE MrAL Furnish and install one-way clear i reflective marke for left turn 2.fi4 �a ! $ 348.43 � �;' � r.I:chaeli7ation lane lutes on Edinger �, 4. , 3c lsa ;,:I za & York town within the lassaciated project areas Two d o 11 a r� s i x t_%' Fig es i i F'sr:ush an "install one%aay clear I i 4 reflective raised pave*,ent markers ! ! 498 for east:curd and westbcurd 1 arc S 2• f4 Fa i S 1 ,314. 72 5' I lines cn Warner frcr Golcenaest Figures � Ito Graham I - ITot-, F',d Written in *--ras i g 4 ,443. 12 ' Fn„r rhmi -.i i f w 4ii tiny-4=4 fc-,i-F�y 4t-E'E I ar,i Figures I and i i I f 1 i I I I i _ I I j P-i It is und-.rstood and air that the approximate quantiti es shown in the forego== proposal schedule are �►ely for the purpose of facili ng the ocnparisan o: bid and that the contractor's compensation will be ccapu the basis of the actual quantities in the completed work, whether they be acre or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time, limit allotted for the contract is 30 calendar days. If c_.4arded the contract, the undersigned hereby agrees to sign said contract and fur.-ash the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the Cit~f of Huncim on Beach, California. The undersigned has emamined carefully the site of the ,,fork contemplated, the plans and specifications, and the proposal and contract forms therefor. The suhnissicn of a bid shall be conclusive evidence that the bidder has investigated ard is satis- fied as to the conditions to be encountered, as to the claracter, quality, and scope of work to be performed, the quantities of materials tc is furnished, and as: to the requirement of the proposal, plans, specifications, and the contract. Accarpanyi ng this proposal is B i d cl a r' s Bond ($ 3,000.00 ) DICE: Insert the words "Cash, " "Certified Creck," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent or the total bid price, payable to the City of Huntington Beach. The tmdersi p,.ed deposits the above name security as a proposal guaranty and agrees that It shall be forfeited to the City of Huntington Beach as liquidated damages in case :his proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract docan.ents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the cent--act; otherwise said security shall to returned to the under- signed. Licensed in accordance with an act providing for the registration of contract License ,So. S�iIIB� • 0ramize County St riiiitr, Service Inc . I ti'i North Pix let• Street 0rjjn ,c CA c)'Zhh Si wore of Bidd St vphen .1 . 11v i li mn ice Pros idc•ni Business Address 183 ticsrt.h P i x 1 ey Place of Residence - Dated this 7 day of 'Mav Bidder shall signify receipt of all Addenda here, if any: AddendLn No. Date Received Bidder's Signature n-3 PROPOSIM DTaMMCN RFWMM CF BIDDER Bidder is reg_ired to supply the fallowing information. Additional streets may be attached if necessary. 1. Firm Name: Qr-inge CounLy Service. Inc r 2. Address: 183 North Pixley Orwtrge 3. Telephone: (714,) 639-4-550 4 . Type of firm-individual, partnership, or corporation: Corpior•+ t i oL_ 5. Corporation organized tinder the laws of the State of: Ca 1 i f o rn i a 346005 6. Contractor's License Nkxter: 7 . List the names and addresses of all menbers of the firm or nan-es and titles of all officers of the corporation: Robert G. Patterson President , Shanrn K Patterson Secretary; Stephen J . fieinzen Vice President : Kimberly Prandriff Vice President 9 . vunber of vears mcnerience as a contractor in construction work: 14 9. List at least sic projects cc=leted as of recent date: CCr?'R cr ! CASs of '; DATE I ?r4lCGNI' 'r�CR< CCMPL.r``I'.� `�!•lE, AGDFMSS S PHC�Iyr. tL''�F.it GF Cw'[�R Markers j P.Cliar�l 1tren Improvements 7,011 .7'. Pavement ,, ' ty o nntr art i Xiontclair , CA a r er,z I Jamboree Roact 5,000.00 i Pavement 6-` 2 City of- Irvine Varioti, Streets 5 ,000.00 1 •_'-S4 C-it- of' Orange 183!-ct and BI oc►nif i e d 3,000.00 " + 5-85 ; Cj t.%• nf Cerr i Los cul-rilus. CA j Striping Siw!s � ICHa(�5tticic S: Cceistat lesanri Victoria � 11 ,000.00 � a-.-.',tPrvertteH t. _ 8 ' �.. t I Var i ons St reet.s i L2 ,000.00 Pavement_ Ma t!s 12-84 ( C:i t v of, I rw i lie 10. List the name of the person who i. sFected &re site of the proposed work for your firm: Robert Litchfield Date or Inspection: 5-1-8 11. If requested }ay the City, the hid+der shall furnish a notarized financial statement, firancial data, or other information and references sufficiently aatprehensive to permit an appraisal of his current financial condition. P-4 gmIGNATION OF SUBCONTRACT, In ccnpliAnce with the, "Sublettirbg and Subcontracting Fir Practices Act" be:U g Section 4100-4113 of the Government Code of the State of California, and any its thereto, each bidder shall set forth bc'ow the mane and location of the place of busirnss of each subcontractor who will perform work or labor or , render service to the prime contractor in or about the construction, of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will to done by each subcontractor. Cnly one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he chat l be deemed to have agreed to perform such port-ion himself, and he shall not be permiitted to subcontract that portion of the work except urti3er the conditions Frereinafter set forth. SubletEn of subccn`.. �� q trac�-,.riq of any pardon of the work to whi.� h no sv�tractar was designatk i.n the original bid shall only he permitted in castes of public or necessity, and Iran only after a finding reduced to writing as a public record of the ILegislative Body of the owner. POFMCN STATE LICENSE Wt7M SUBCCurRACmR'S NAME AMID AomrsS NL14BM CLASS None 3y submission of this proposal, the contractor certifies: 1. That he is able to and well perform the balance of all work which in covered in the above subcontractor listsnq. 2. That the Cite will be furnished copies of all sub-contracts entered into and bonds furnished by subcontracto:- for t!us prtiject. P-5 AMERICAN MOTORISTS INSUPANCE COMPANY LABOR AND MATERIAL PAYMF 'NT 801-ID CALIFORNIA - PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS : That we r•ITY ON IIUNTINGTON BEACH lave awarded to ORA,',XE COUNTY STIZ7111,1c: hereinafter designated as the Contractor , a contract for the work described as follows : FURNISH, INS'TAIA, RAISED PAVE2,11E.NT MARKERS W%l CHICA, EDIiIGEIZ , WARM R & YORKTOWN CC--586 WHEREAS , said Contractor is required to furnish a bond in connection with said contract , providing that if said Contractor , or any of his or its sub-contractors , shall fail to pay for any materials , provisions , provender or- other supplies or teams used in , upon , for or about the performance of the work contracted to be done , or foi any work or labor thereon of any kind , that the Surety on this bond will pay the same ; NOW , THEREFORE , we the un 'ersifined Contractor as Principal , and AMERICAN MOTORISTS INSURANCE COMPANY , a corporation organized and existing under the laws of the State if Illinois , and duly authorized to transact business in the State of California , as Surety , are meld and firmly bound wito CITY OF HUNTINGTON BEACH i n t h e s um Of FOUR 3-HOUSAND OUR 111tJNhDREI) FOURTY THREE AND 12/ 100**************:e::*:: ;:,:*�;>�;, s a i d s um b e i r1 g not l e s s a n one- hal f of the estimated amount payabl a by the sai d c7 - of IJUNNTINGTON BEACH under the terms of the contract , for which payment well and truly to be made , we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH , That , if said Contractor , t his or its heirs , executors , administrators , successors and assigns , or sub - contractors , shall fail to pay for any materials , provisions , or provender or other supplies or teams , implements or machinery used in , upon , for or about the performance of the work contracted to be done , or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respcc `_ to such work or labor as required by the provisions of Chapter i , Title 15 , part 4 of Division 3 of the Civil Code , and provided that the claimant shall have complied with the provisions of said Code , the Surety , or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond , otherwise the above obligation shall be void . In case suit is brought upon this bond , the said Surety will pay a reasonable ' attorney ' s fee to be fixed by the court . This bc.n : shall inure to the benefit of any and all persons , companies and corporations entitled to file claims under the Civil Code , so as to give a right of action to them or their assigns in any suit brought upon this bond . SIGNED , SEALED AND DATED THIS 10LI, dnN• of .lulu 19t95. AMERICAN MOTORISTS INSURANCE COMPANY 'C. I aftAttorney- in-Fact OP.ANGE COUNTY STRIPING SERVICES , INC . 1'F TO ©us04 TO 6110,t„tn11 11yo +:XHOd 01 Sv ClaAO-iddy S1 ATE OF CALIFORNIA ss. COUNTY OF LOS ANGE LES 1 ON .11'1.`-' loth 19 85,., , before me a Notary Public it tnd for said State, personally appeared �Esfscn . Koff) known to me to be the person whose name is subscribed to the within Instrument as the Attorney-in-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney-in-Fact. + orFICIAL SEAL • P. LItR 11 NOTARY —A1 'rhi7'J1A 0;W.-_;L Col,►s? •_, �7�;�ii q a M► (;pr^rrrs,u?n f rprrs Apr iJ ��9b "^ .•�.•••............ ,..... ..... Notary Public 1 _ :','•;I:RIC'+!. !•�iYI'c)h I ::T:: ! i:�ITI'v1^1C'1: ('c.!!•lI':+!:'�' PI:RFOR'•+1,N:CF: HONI) - CAL ! 1'k-)R : IA .. PUMA (' V-'O F Y:.'C ti' AIA, � Y THESE PRESENTS : That we �� ;:\':r} �'�►!'.. . '� I is ► }' ! .:t, til'.�;'.'t I ► ';� a: i-)r i nc i pa 1 and AMERICAN MOTORTSTS INSURANCE COMPANTY , a Corporation organi --ud and existing under- the laws of the State of Illinois and authori :-ed to transact surety business in the State of California , ins Surety , are hold and firmly bound unto ('1 1'i 01 }Ii':: ► i:;C''ION 111"Wil in the sum of lawful monoy of the United States of America , for the payment whereof, well and truly to be made , we hereby bind ourselves , our heirs , executors , administrators , successors and assions , jointly and se%-ernl.l,• , firml,;• by these presents . The condition of the foregoing obligation is such that, whereas the abovo bounden Principal has entered into a contract dated , with said CI1'. 01' } UN-1 I::iIT0% FEACH to do and perform the following work , to-wit : I't'R`:I Sii, i:�� i:'+l.I. ...1I �i:U i'.1�'I:.•li.. " ':.'+fi�.I:}�� t�'� iil�I.ti.1 �:ii} .,. ::;' 1`:� 1:}' , li:\R::}::. ;. 7 110S'., THEREFORE, if the above-bounden Principal shall well and truly perform, or cause to be performed , each and all of the requirements and obligations of said contract to be performed by said Principal , as in said contract set forth , then this bond shall ' be null and void ; otherwise it shall remain in full force and effect. SIGNED , sealed and dated this li�ci, ,� , • �, 1 . I �+S AMERICAN MOTORISTS INSURANCE COMPANY • Attorney-in-Fact '�''• C{t.; „tt.n^no3p ORANGE COt" 'F STRIPIM'. SERVICI-S , I`:C . STATE OF CALIFORNIA 1 ss. COUNTY OF LOS ANGELES 1 ON 10th 19 ,95 before me a Notary Publicsiteph n and for said State, personally appeared known to me to be the parson whose name is subscribed to the within Instrument as the Attorney-in-Fact of AMERICAN f MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as ••�••�•����•�•.�•� +•��a•••�•• Surety, and his own name as Attorney-in-Fact. i OFFIr,IAI SFAI • • P. EIK&ILIFI1 �� NoraF�•► rUF3L� ' (:�LIFOR�JIH 1 ,— . • ORANGE LOUNT r • - My COmmiSPOG E.pue; an. 15 1986 • r Notary Public • May 7 , 1985 . . Furnishing & Installation of Raised Pavement Markers on Aolsa Chica , Fdinger , larner Yorktown ; CC-586 C�''r• . •� - • ': 'I'0'I'i:!. i) 1 I' r"i.'•:OU;:'I' Consley & M;onzigny Co . , Inc . Orange County Striping Raco Traffic Operation , Inc . Works Striping & Marking 1� 1 _ 1 rt • i ; May- 7 , 1985 .10I3 '.':[' CC !:L'!,F3I:?: • Furnishing & Installation of Raised Pavement Markers on • Bolsa Chica , Edinger , Warner & Yorktown ; CC-586 BIDDERS NAME i TOTAL, BII) A!•:OUI,:T Consley & Monzigny Co. , Inc . i Orange County Striping i Race I Traffic Operation, In--. I Works Striping & Marking I I i t i ____--- I i May- 7 , 1985 . .___..._ ,701' Furnishing & Installation of Raised Pavement Markers on Bolsa Chica , Edinger, Warner & Yorktown ; CC-586 D I DDrRS NAME TOTAL, B I !, h:•'OUf:T Consley & Monzigny Co. , Inc . Orange County Striping Raco ' Traffic Operation , Inc. Works Striping & Marking i I' i r 1 1, ,fl Iluf,lrhff n., ll..f 1, To t,d11 11t II 1. r�ffY ��It ,/fir, t' 11"• 11.0 11 of I(u 1 I A Illbal! CITY OF HUNTINGTON HI ACH. CALIFORNIA ley It-Is. %N.,,awo, .11•f dt,ILlUbaf A MUNICIPAL. CORPORATION 1 hit Is to certify that the pnitcses of Insurance as described below have been issued to the Insured by the undarn;,ne(1 and ate w fulco of this none 11 these policies are cancelled or changed In such a planner that will affect this eartlflcate, the .nsurnoca corni+any a(lr«r1 to gt.e 10 days prior wrlttee. notice, by mall, to City of Huntington Beach P O. Box 711. Huntington Beach. Cehlorn(e 92643 At t ITI"h1S MOS1 tit. COMPLETED, ANY DELETION OR CHANGL IN THIS FORM SHALL HE SIGNED AND DATED BN* AN AUTHORIZED HEPRESENIIATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVE[ IN WRITING NY THE CI ;Y A I TUi1Nf V Niniv tll Insured O► :I11(`l' I f ,llflt I 1 ! i 1!1,' ,(.1 L 11 1' ! ;1, y IS '�I) t i'I �, 1(" t ('1' (1t ,11I.".1 ( '� 11,'Illf Address of Insured Location of Work or Operations t', be performed ii'' I .,l ( !I1 , f1, I..II IIS;1'I , 1IN'd1'llt'l , Y(11 kt f11:11 11,111t 111L;1 ,.,;1 Pf.,I, II Description of Work or Operations �111:LIlI l;ir_i,_ill 111 iyl L):t%1t--1L1► rylj14j,I POLICY DATES LIMITS OF LIABILITYI NAME OF COMPANY PQLICIESIN FORCE POLICY NO. Effective Expiration In Thousands (000) ( INS.) GENERAL LIABILITY Kul COMPREHENSIVE FORM s �(](�� CSL Ky PRf MISES • OPERATIONS Each Occurance I I I xPE OSION AND ('OI I.APSI. HAZARD I I IINUCN(:ROl1ND HAZARD K?t PtIODUCTSCOMPLETED 73S1'I00191,9-0007 OPERATIONS HAZARD 6/1/85 6/1 /86 Nationwide Insurance Kk CONTRACTUAL INSURANCE XX RROAD FORM PROPERTY DAMAGE AX INDEPENDENT CwvTRACTOp4; XX1 Pr RSONAL INJURY p AUTOMOBILE LIABILITY xX♦ COMPREHENSIVE FORM 7BA001989-000 6/1/85 6/ 1 /86 Xx owNED 3 XA HIRED s 500, CSL r1ationwide Insurance Each Occurance 14 NON-OWNED EXCESS LIABILITY I I UMHnELLA FORM I 1 OTHER THAN S UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and apruintive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder,for the• acts of the insured, and such inturancfe shu!I be primary to any insurance of the City of Huntington Beach,at their interest may appear. 6 '19 85 Dale AUTHORISED REP SEf1jTATIVE OF INSURANCE COMPANY INSURANCE COMPANY Nationwide Insuranr_e Co. . By Name Address 1467 No. Warl Rd . L Ste 105 Address 1467 No. Wanda Rd . , Ste 105 City _bran e CA 92667 cilY Orange , CA 92667 Telephone 714 5 32-74 31 HOLD HARMLESS AGREEMENI (to be executed by insured) The insured • Corp()rllt icon , agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beac:-. its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this rertificate of i• stlrbnco is furnished. • (1) Sais Proprl,+tonhip 12) Partnership (3) Cqn�bration i41 Ot (stale) • ry I'res i don t HOLD HARMS F.SS SIGNED: By Insured:,� �l�a (A11 name shall be printed or typed By Insured: R.r Title lice Pro-s iden t below oath u9nature 1 11 Corporation, TWO Officers must sign, of present evidence of authorization to bind Corporation. STATE P.O. BOX 807. SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION INaUpANC■ FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE trine 21 , 1985 POLICY NUMBER: ' CERTIFICATE EXPIRES: ti r 1 t •' c► 1 IIlI11CiIlj;t011 lic'ticll : �,i l.tin;; t; S�If�� t I►`l�;irtw��nt . — tQiiLion : Flo .' i,l�) 'fair: �tl'u�• l. i., L IIIhtoII Hc:1L;II I.iill a �� t L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Es i ocNT ALL OPERATIONS ;.iiJJ1';►1U1l1lent t001S entitle.; �1�fii [ i ��;;,►, tl �tr� .: .,,j�lo�•� l• c i'fe�:-tive 6/ 21 / 3S is attached t�, iiiiu crio., u , .irt nt• this ;,nli �. : (,4t7 AttortallY EMPLOYER r %Iritnge County Striping Service , lnc . 1 ;, 3 North Pi ,iiey Orange , California 92668 L SCIF 10242 IREV. 1441 COPY FOR INSURED'S PILE OLD ?G?A � 1 AMERICIf►►N rv1040RISTS INSI PCE COMPANY F" l -Ho me Office: Long Grove, IL 6DO49 GRCR P POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corrppooration organize i and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois,does hereby appoint "" "" """ "" """ '•"""""" " "' Stephen C . Kolb , Marie L. Jilek and Mary M. Sullivan of Los Angeles , California its true and lawful agent(s)and attomey(sHn-fact,to make,execute, seal, and deliver during the period beginning wilt the date of issuance of this power and ending December 31, 19i36, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one fond or undertaking exceeds ONE MILLION DOLLARS (-1 )0003000. 00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check,draft or letter of credit. This authority does not permit the saute obligation to be split into tv:o or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of thesz presents shall be as binding upon the said American Motorists Insurance Company asfully and amply to all intents and purposes,as if the same had been duly executml and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attornev is executed by authority of a resolution adopted by the Board of Directors of 5,id American Motorists Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the Chairman, the President,or any%lice President,or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneYs•in•fact, and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings recognizances,contracts of indemnity and other writings,obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.• This Power of Attorney is signed, sealed and certified by facsimile under and by at.tthority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held or !�- 20th day of May, 1981: "VOTED, That the signature of the Chairman of the Board, the Chairman, the Presiri•.,tt, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary,the peal of thf. -ornpan� and certification~by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adapted by the Board of Directors on May 20t i, 1981 and any such poser so executed, sealed and certified with respevt to am Ix)nd or undertaking to %%hrch it is attached shall continue to be valid and binding upon the Company,- In Testimony Whereof, the American Motorists imurance m Compa has causes!this instrument o be signed and its corporate seal to be affixed by its authorized officers, this oIh day of �Januar-y , 19 tZ�. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY (D.__ By �� GAG%2�`'''(/✓�z---� R. H.Johnson, Secretary G ' . Kashohm,Vice President STATE OF ILLINOIS COUNTY OF LAKE )ss I, Margaret Redmore, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary 2ct of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: July 6, 1988 � V nlargaret Redmore.Notary Public FMelb-a 7-84 IM PRINTED IN U.Q.A. Power of Attorney—Term 1 CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated .TRnumry 8 , 1985 on behalf of e T._ Jilak & Mary M. Sullivgn Gems Angeles , CA (EACH*" 4"* isa true and correct copy and that that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G. H.Kasbohm and R.H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on th..date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF tt h ve hereunto subsuibed my name and affir.0 the corlmrate seal of the American Motorists Insur- ance Company on this 1 ut11 day of— JITILY , 19 85 _ 5 en L. lahanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein state. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540.2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. • FM 436.3 7.84 1 M .10 y