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Home My WebLink AboutRANCO CORP. - Bus Stop Accessibility Project - CC-1053 9/15/97 Notice of Completion 3/16/98 - 1997-09-15 �c,v. 70 e , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK / 99P .9a a 7 RE: Construction of VROJECT e(r-/0-53 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . 6xj� Not44WT Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificatef Compliance Qn G:ct�ex- C�a.nda� (Telephone:714-536.5227) 10B.� City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTING ON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAY T CC l O S `3 DATE: 2 f � The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VIL ELLA, Director of Finance I certify that no stop notices ar Pon file on the subject at this time. IL�, Date: J Iw IV�"Q ng�A Y IT , Actiu lic Works Director i -I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE Rfk6dCKWAY, City Jerk I certify that there are no outstanding invoices on file. Date: 41'4� R EDENRICH, City Treasurer 0011042.01 04/08/98 1:15 PM City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Bcach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. ign �e and Title g:cc.cashcon 1 G;,I i, DECLARATION OF SATISFACTION OF CLAIMS I, 1�0.Y1C0 CorpO�a�m-� , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled ► '1 and dated 19 n 2. Ali «orkers and persons employed, all firms supplying maierials, and all subcontractor; or the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state 'NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at t)(b- C A on this �� day of �� , 199* Si re of Contractor) g:cc`cashcon2 I JB- ��,1., Y. - / • California -�"(�7� - Recorded in the county of Orange, u�(/ Gary L. Granville, Clerk/Recorder WHEN RECORDED MAIL TO: No Fee CITY OF HUNTINGTON BEACH 19980183Z 19 12;53pm 03/31/98 Office of the City Clerk 005 22037786 22 33 P. 0. Box 190 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,-that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to Ranco Corporation,who was the company thereon for doing the following work to-wit: Bus Stop Accessibility Project Improvements-CC-1053 That said work was completed March 16, 1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, March 16, 1998. II I � That upon said contract American Motorists Insurance Company was surety for the bond given by the t'1 said company as required by law. h This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. }� i Dated at Huntington Beach,California,this 18th day of March, 1998. 1� `'05'z i City Clerk and ex-officio Clerk — of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 18th day of March, 1998 City Clerk and ex-officio Clerk t o ; of the City Council of the City mp ram'--r*i of Huntington Beach,California y y-"� b C-) CO ? O Cl) � v G/followup/ccnoc PROOF OF PUBLICATION STATE OF CALIFORNIA) } SS. County of Orange } PUBLIC NOTICE - AGENCY hethat at- fimraWely ensures that ml- SECTION A will bebusiness enter I am a Citizen of the United States and a NSTICE�1rCN0 BIDS portrntiyto submit bids In resident of the County aforesaid; I am fortis response to this notice and over the age of eighteen years, and not a ACCESSIBILITY all" "°` be discriminated basis agahwt on the hasla of race, color, national origin, party to or interested in the below CASH ENTTRACT ancadjy,sex,or religion In entitled matter. I am a principal clerk of No the the s �Y consideration on leading In to the award of contract the HUNTINGTON BEACH INDEPENDENT, a Cm OF �u��It 18 prepared newspaper of general circulation printed NU PUBLIC O TICE I � PUBLIC NOTICE IS On the approved PFOPWW HEREBY GIVEN that the forms In corrfonnante with and published in the City of Huntington CITY OF HUNTINGTON the Instructions to Bidders. BEACH, as AGENCY, In- The bid must be so- Beach, County of Orange, State of �� as a Certified will receive such bids In check. California, and that attached Notice is a the office of the City Cleric, cashiers check' or bidder's bond made pay- Second Floor, 2000 Main able to the AGENCY for an true and complete copy as was printed Street, Huntington Beach, amount no less than 10% California 92M, up to the of the amount bid. The and published in the Huntington Beach hour of stop P.M. on Soptombor 3, 1997. nrccesatut bidder shall be and Fountain Valley issues of said Bids will be publicly open licensed In accordance newspaper to wit the issue(s) of: u "" `ems Chambers With p"°"'Professions `""B`"e unieae othervvbe posted. rrsss and Professions Code Copies of the Plans, and shall possess a Stab Specifications, and corn Contactors License Class tract documents ate avail- at the time of the bid open.- able from the Office of the Ing. The successful Corr Director of Public Works, bactm and his subwntrao. August 21 , 1997 2000 Main Street, Hunting- toes will be required to ton Beach,CA 92M8,upon ass business Ilterwes August 28 , 1997 payment of a$5.00 none- from the AGENCY. fundable fee if picked up, The AGENCY reserves or payment of a $15.00 the right to reject any or ell nonrefundable fee If bids,to waft arty Irregular- tinI declare, under penalty of perjury, that contract offered Into malled. and under the advisement forbids ' r a this notice will the foregoing is true and correct. pursuant to the provisions maximum period of 60 of the State Labor Code. BY ORDER of the CITY Pursuant to the provisions ! COUNCIL of the CITY OF of the Labor Code of the HUNTINGTON BEACH, State of Caftmia,the min- CALIFORNIA,the 18th day Executed on August 2 8, 1997 Imum prevailing rate of per August t997. diem wages for each pall, Attaatt at Costa Mesa, California. classification or type or ConieBrookway, workman needed to ex- City Clerk scuts the contract shad be Office of the those determined by the City Clerk Director of Industrial Rela- City of bons of the State of Caltior- Hun ngton Bolroh nla,which are on file at the 2000 Main Str"t Office of the Director of Huntington Beaohr Public Works, 2000 Main CA 92648 Street, Huntington Bench, Published Huntington CA 92848 Beach-Fountaln Valley In- Signature aThe AGENCY Will deduct dependent August 21, 28, 109E retention from all 1997. .progress payments. The 083.193 Contractor may substitute an escrow holder surety of equal value to the rate on In accordance with the pro- visions of the CalHomla / f Government Code.Section 7 4590. The Contractor shall be beneficial owner of the surety and shall receive any Interest thereon.. LjjrCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 18, 1998 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/j c Enclosure: Notice of Completion- CC=1053 - Ranco Corp. ccnocdltr\\CC-1057:jc (Telephone:714.536.5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to Ranco Corporation,who was the company thereon for doing the following work to-wit: Bus Stop Accessibility Project Improvements-CC-1053 That said work was completed March 16, 1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, March 16,1998. That upon said contract American Motorists Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 18th day of March,1998. c� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 18th day of March, 1998 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California G/followup/ccnoc �CdT �-0-/�GteeN A fR�rn Room;CovneicrnPmdeR� RE4UrS�p A77�7blT �iYe TD 7f�E F9�'r OCTf� oak N ,Q.�s�ae�ee5 �� ft L�S'�1/FF AREA fhs t/E H9�5 7hSEAZ RElP01eCO TD Wh,Lk dN I&IW. Council/Agency Meeting Held: 8 �06, 70 WI/I �9 erred/Continued to: Approved ❑ Conditionally Approved ❑ Denied1 �7 City Clerk's Sig ature 06ww Council Meeting Date: March 16, 1998 Department ID Number: PW 98-024 CITY OF HUNTINGTON BEACH Y REQUEST FOR COUNCIL ACTION . SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r >- c� p �S► . SUBMITTED BY: RAY SILVER, Acting City Administrator 0*1 co C= PREPARED BY: IKDARYL D. SMITH, Acting Director of Public Works 0 SUBJECT: Accept the Bus Stop Accessibility Project Improvements; CC 1053 and File Notice of Completion Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Ranco Corporation, has completed its contract for the construction of the Bus Stop Accessibility Project Improvements; CC 1053. Funding Source: Sufficient SB 821 Funds were authorized for this project. Recommended Action: Motion To: Accept the Bus Stop Accessibility Project improvements; CC 1053 and File Notice of Completion at a final cost of $43,507.60 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. V QUEST FOR COUNCIL ACTION MEETING DATE: March 16, 1998 DEPARTMENT ID NUMBER:PW 98-024 Analysis: On September 15, 1997, Council awarded a contract to Ranco Corporation, in the amount of $45,625. The adopted contract budget also included $5,000 to cover anticipated change orders and $4,375 for Supplemental Expenses, for a total of $55,000 to construct the Bus Stop Accessibility Project; CC 1053. The improvements are now complete per the approved plans and specifications. Therefore, the Acting Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: Council Approved Actual Expenditures 1. Contract Amount: $45,625 $39,587.60 2. Change orders: 5,000 3,920.00 Subtotal: $50,625 $43,507.60 3. Supplemental Expenses: 4,375 3,000.00* Total:. $55,000 $46,507.60 Two change orders were issued for this project: * This is an estimated amount and includes all materials furnished and installed by the City such as signing and striping. Environmental Status: Not applicable. Attachment(s)• City Clerk's Page Number ......... ......................................... ... None Author: Charlonne 0030357.01 -2- 02/24/98 4:12 PM • RCA ROUTING SHEET INITIATING Public Works DEPARTMENT: SUBJECT: Accept the Bus Stop Accessibility Project Improvements; CC 1053 and File Notice of Completion COUNCIL MEETING DATE: March 16, 1998 . RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applic �Ie 'Subleases, Third Party Agreements, etc. ' (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds-(If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable .. ... . . . EXPLANATION FOR MESSING ATTACHMENTS . . . REVEEWED RETURNED FQR: DED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR_RETURN OF ITEM: .. .. ... (Below • . For Only) City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of-the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: -The undersigned, contractor on OC _ /053 8as STo? AccP-55A4,c 1r•/ Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. and Title g:cc:ashconl G,.i;, TD �. .a DECLARATION OF SATISFACTION OF CLAIMS I, � �a-A 11,� JOAJtc'S ,LEAN U &A 1AM-4 01 state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled 15as Sw tj Au&,sS Al,&'i ry and dated Z 9 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection N%ith Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `'i�1ONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at 154CA, 6A on this W-day of �� , 19913 S' tore of Contractor) g'cc`cashcon2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK wo 7 RE: Construction of �( VROJECT eL4-/ 3 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 677d d- (Telephone:714-536-5227) City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title g:cc.cashconI DECLARATION OF SATISFACTION OF CLAIMS I, , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled , and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `NI ONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 1994. (Signature of Contractor) gxc`.cashcon2 1, Y. T (14) • 09/15/97 -CouncilTAgency Agenda - Page 14 E-13. (City Council) Resolution No 97-64 -Approving Application For State Coastal Conservancy Grant To Provide Public Access To The Beach At Seapoint Avenue & Pacific Coast Highway - Seapoint Avenue Access Project (340.80) -Adopt Resolution No. 97-64- "A Resolution of the City Council of the City of Huntington Beach Approving the Application and Assurances for Grant Funds Under the Coastal Conservancy Access Program." Authorizes staff to submit a grant application for $68,000 to the State Coastal.Conservancy under the Public Access Program to provide public access to the beach at Seapoint Avenue and Pacific Coast Highway. Submitted by he Community Services Director [Adopted 6-0 (Julien: Absent)] E-14. (City Council) Resolution No. 97-65 -Approving The Submittal Of Projects To Orange County Transit Authority (OCTA) For Funding Under The Bus Stop Acr,essibility Program - CC-1054 & CC-1055 (340.60) -Adopt Resolution No. 97-65 - "A Resolution of the City Council of the City of Huntington Beach Approving the Submittal of Two Improvement Projects to the Orange County Transportation Authority for Funding Under the Bus Stop Accessibility Program." and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Adopted 6-0 (Julien: Absent)] E-15. (Cit Council) Authorization For Bid Award Of Construction Contract Bus Stop Accessibility Project - CC-1053 - Ranco Corporation (600.70) - 1. Accept the low bid submitted by Ranco Corporation, P. O. Box 9007, Brea, CA 92622, and authorize the Mayor and City Clerk to execute an appropriate contract for the Bus Stop Accessibility Project, CC-1053, for a total bid amount of$45,625; and 2. Authorize the Public Works Department to expend a total of$55,000 to cover the contract amount of $45,625, estimated construction change orders of$5,000 and supplemental expenditures of$4,375. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] E-16. (Redevelopment Agency)Approval Of Professional Services Contract With Se way Group To Provide Economic Professional Service And Approval Of Scope Of Work For An Impediments To Development Study (600.30) - 1. Approve and authorize execution by the Chairperson and Agency Clerk of a Professional Services Contract between the Redevelopment Agency and the Sedway Group which increases the not-to-exceed limit to $115,000 for the 1997/98 fiscal year; and 2. Approve the attached scope of work for an Impediment to Development Study for the City of Huntington Beach. Submitted by the Community Development Director and the Economic Development Director tf :. . ................ .. ::::::::: ::::::: :::::::::::. .:::.:. . :::::::::::::::::::::::::::::::::::::::::::::.:::.:::::::::::::::::::::::::::::::::::.::: (14) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RANCO CORPORATION FOR THE IMPLEMENTATION OF THE BUS STOP ACCESSIBILITY PROJECT (CC-1053) THIS AGREEMENT, made and entered into this day of ,.5EPT�/��CR. , 1997by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and RANCO CORPORATION, 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 implementation of the bus stop accessibility project in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. SIATFMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for-all other risks of any description in connection with the work, including, but not I-I'mited to,-"all expenses incurred by or in consequence of the suspension or discontinuance it work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner jmp/k/pcd/busstop/9 11/97 1 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the bompensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that ii enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California jmp/k/pcd/busstop/9/11/97 2 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Forty-Five Thousand Six Hundred Twenty-Five Dollars ($45,625), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion jmp/k/pcd/busstop/9/11 i97 3 within forty-five (45) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. jmp/k/pcd/busstop/9/11/97 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or jmp/k/pcd/busstop/9/11/97 5 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if'any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay;.and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. jmp/k/pcd/busstop/9/11/97 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. Jmp/k/pcd/busstop/9/1 1/97 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an jmp/k/pcd/busstop/9/1 1/97 8 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 more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. jmp/k/pcd/busstop/9/17/97 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or.inclirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except jmp/Wpcd/busstop/9/11/97 10 • • where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. r 20. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: jmp/k/pc&busstop/9/1 1/97 11 combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or jmp/k/pcd/busstop/9/11/97 12 makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to jmp/k/pc&busstop/9/1 1/97 13 Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel jmp/k/pcd/busstop/9/11/97 14 for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this.agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. RANCO CORPORATION CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: - E. E JONES, President J ljOC. AND Mayor By ` ATTEST: 01 KQIANE E. JONES, ecretary/Treasurer ~` City Clerk a ,/ / °- 9 REVIEWED AND APPROVED: APPROVED AS TO FORM: y Administrator City Attorney a3.5 '1 1/) q� INI A E AND PPROVED: Direct of ublic Works jmp/k/pc&busstop/9/11/97 15 • I • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RANCO CORPORATION FOR THE IMPLEMENTATION OF THE BUS STOP ACCESSIBILITY PROJECT (CC-1053) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 jmp/k/pcd/busstop/9/11/97 I have received Faithful Performance Bond No. 3SM 910 08400,American Motorists Insurance Company for Ranco Corporation. RE: CC-1053 - Bus Stop Accessibility RCA and Action Agenda for September 15, 1997 Dated: f By: 6A- I have received the Maintenance Bond No. 3SM 910 084 00-A, American Motorists Insurance Company, for Ranco Corporation. Dated: By: ' ;AY1lerican Motor , _ Insurance Compa.41 ICemP�R. j, FIRST TERM PREMIUM FULLY EARNED Bond Number : 3SM 910 084 00-A MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Ranco Corporation as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the state of California hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach in the sum of Forty-Five Thousand Six Hundred Twenty-Five & NO/100ths DOLLARS ($45,625.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, on the 25th day of September 1997, the said principal entered into an agreement to the Obligee for BUS STOP ACCESSIBILITY PROJECT#CC 1053 COMPLETED MARCH 19, 1998 WHEREAS, under the terms of the specification for said work, the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of One Year year(s) from and after the date of completion and acceptance of same. NOW, THEREFORE, If the said Principal for a period of one year(s)from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: October 7, 1997 Ranco Corporation American Motorists Insurance Company (Principal) (Surety) By: By: Mic ael E. Cundi Attorney In Fact `..y C; - 0 DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(213)257-8291 •FAX(213)256-7218 Maintenance Bond- 10-16-97.dot • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Count of Orange On APR - 7 1998 before me, Susan E. Morales/Notary Public NAME,TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known to me • or - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument �I and acknowledged to me that helshelthey executed the same in a SUSAN E. MORALES hislherltheir authorized capacity(ies), and that by hislherltheir 3 sow COMM. #1166606 NOTARY PUBLIC-CALIFORNIA C signature(s) on the instrument the person(s), or the entity upon ORANGE COUNTY My Comm.Exp.Dec. 25, 2001; behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTAR1) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond(s) TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT 0 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(]ES) American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE i � 19MPL.R. Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the"Company') a corporation organized and existing under the laws of the State of Ilinois,and having its principal office inLong Grove, Illinois,does hereby appoint Michael E.Cundiff of Orange, Callfomla♦flfff###!lffl#!!ff#f#\!#•#ff########f#!f!f##lfiffff its true and lawful agent(s) and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,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 bond or undertaking exceeds ONE MILLION DOLLARS($1,000,000.00)•fff►!f#####f#!##ffff#f####f!##flff#f!!•ff##ff•###fflf►###fff►##ffff!##ffffflf 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 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 Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed 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 31,2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are 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 President, or any Vice 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 authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 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 Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: r,�""''fq,� American Motorists Insurance Company e�M ttLt04 � V lJGh(. *Onwa y COKM�i10l 8 Robert P. Hames,Secretary by J.S.Kemper,111,Exec.Vice President American Motori Insurance Compa naTwnaL msuaance companies PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number : 3SM 910 084 00 Premium : $ 684.00 PUBLIC WORKS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ranco Corporation as Principal, and American Motorists Insurance Company, a corporation organized.and existing under the laws of the State of Illinois, authorized to transact Surety business in the State of California as Surety are held and firmly bound unto City of Huntington Beach, as Obligee, in the.sum of Forty-Five Thousand Six Hundred Twenty-Five & NO/100ths DOLLARS ($45,625.00) lawful money 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 assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated 09-25-97 with said Obligee to do and perform the following work, to wit: BUS STOP ACCESSIBILITY PROJECT.#CC 1053 and will more fully appear in contract, reference to which is hereby made. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That, 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 this bond shall be null and void, otherwise it shall remain in full force and effect. SIGNED, SEALED, DATED: October 7, 1997 Ranco Corporation American Motorists Insu ce o y (Principal) rety) By: By: ichael . Cundiff, ney In Fact m DMECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES, PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(213)257-8291 •FAX(213)256-7218 Public Works Performance Bond-07-31-96.dot CALIFORNIA ALL ARPOSE ACKNOWLEDGME* State of California County of Orange On OCT — 7 1997. before me, Kim Nguyen,Notary Public NAME,TITLE OF OFFICER personally appeared Michael E. Cundiff . NAME.OF SIGNER ® Personally known tome - OR - ❑ proved to me on the-basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in hisiheritheir authorized NGcapacity(ies), and that by his/her/their signature(s) on the Irt'ueuoc+�woala� instrument the person(s), or the entity upon behalf of At which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNAT OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BONDS TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ----------------------- ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ----------------------- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE American Motori Insurance Compact ll Bond Number : 3SM 910 084 00 PUBLIC WORKS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ranco Corporation as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, an Illinois Corporation authorized to transact Surety Business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Forty-Five Thousand Six Hundred Twenty-Five & NO/100ths DOLLARS ($45,625.00) lawful money 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 assigns, jointly and severally,firmly by these presents. WHEREAS, the above bounded Principal has been awarded and has entered into a contract, dated 09-25-97, with said Obligee to do and perform the following work, to wit: BUS STOP ACCESSIBILITY PROJECT#CC 1053 as will more fully appear in said contract, reference to which is hereby made and, WHEREAS, said Principal is required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil code to furnish a bond in connection with said contract, as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such, That, if said Principal, his or its heirs, executors, administrators, successors or assigns or sub-contractors, shall fail to pay for.any materials, provisions, 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 respect to such work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors-pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, the Surety 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 bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon the bond. SIGNED, SEALED, DATED: October 7, 1997 Ranco Corporation American Motorists InsuranVMP(Principal)By: By: Michae E. diff, Att f. a r . . DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES, PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(213)257-8291 •FAX(213)256-7218 Public Works Payment Bond-07-31-96.dot CALIF ORNIA ALL - ORPOSE ACKNOWLEDGMER State of California County of Orange On OCT - 7 1g97- before me, Kim Nguyen, Notary Public NAME,TITLE OF OFFICER personally appeared Michael E. Cundiff NAIVE.OF SIGNER ® Personally known tome - OR - ❑ proved to me on the.basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/ they executed the same in his/her/their authorized - capacity(ies), and that by his/her/their signature(s) on the -�-"` WA HMO'! instrument the person(s), or the entity upon behalf of Iola n000M � which the person(s) acted, executed the instrument. s WITNESS my hand and official seal. (SIGNATUR F NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BONDS TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED --------------------- ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ---------—----------- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE IL • 1QMPP.R. Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the"Company") a corporation organized and existing under the laws of the State of Ilinois,and having its principal office in Long Grove, Illinois,does hereby appoint - Michael E.Cundiff of Orange, Cal ifornia""+"""""""""""""""""""""""` its true and lawful agent(s) and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,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 bond or undertaking exceeds ONE MILLION DOLLARS($1,000,000.00)"*"""...a.a.ra++r+►arr+ra+ar++a+ra++rr+++a+♦+++rrr+rrrrrrarrr+►rr•++r++r++ 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 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 Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed 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 31,2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23,1988 at Chicago, Illinois, a true and accurate copy of which are 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 President, or any Vice 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 authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 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 Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: ��" "'�� American Motorists Insurance Company y�all IWIM cono""nog 61dA 4 Robert P.Harries,Secretary by J.S. Kemper, III,Exec.Vice President � � �� -� �� D, .� 900 � a �? A1:�11:1l. DATE(MM/DD/YY) CERTIFICA�A OF INSURANCE 1 0 9/2 3/9 7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND UGEN INS jT.RANCE SERVICES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATEIvI 0G ARROW ROUTE DOES NOT AEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. UITE 116 COMPANIES AFFORDING COVERAGE CHO CUCAMONGA, CA 1730 �n- COMPANY 09/941-0167 C:� C� LETTER AGOLDEN EAGLE INSURANCE CORPORATION 66a 7o COMPANY 1.1su'Rm �Q/�)7C 0 Lm-Fy B CALIFORNIA COMPENSATION INS. CO. CO CORPORATION 9�5/y7 tLETICOMFR C COMPANY P.O. BOX 9007 REA, CA 92622 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMrNT.TERM OR CONDITION 01:ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE VAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO' TIME OFISURANCE POLICYN"IBER POLICYEFFECTIVE POLICY EXPIRATION' LWUS LTR DATE IMM/DD(1'Y) DATE (MWDD/YY) GENERAL LIABILITY GENERAL AGGREGATE s 2 0 0 0 0 0 0 COMMERCIAL GENERAL uABRrfY PRODUCTS-COMP,OPS AGG. S 10 0 0 0 0 0 CLAMS MADE Xa OCCUR. CCP 4 8 913 6-0 0 04/21/97 04/21/98 PERSONAL&ADV.INJURY S 10 0 0 0 0 0 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 10 0 0 0 0 0 FIRE DAMAGE(AM a fm) S 5 0 0 0 0 MED.EXPENSE(Any m perm) S 5000 AUTOMOBILE LIABILITY COlvIBLNED SINGLE ANY AUTO LIMIT $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS CCP 489136-00 04/21/97 04/21/98 Rlrpenonl - S HIRED AUTOS n ^r i BODILY INJURY $ NON-OWNED AUTOS (Pcr aondau) GARAGE LIABILITY - PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHERTHAN UMBREl I A FORM N/A L . STATUTORY LIMITSWORKFRSCOMI'E,�CiAnON �- ✓;1^"'✓AND G97413625 �97 /1/98 EACHACCmEIT $1000000. •-'�`- DLSEAS&POLICY IJMrr S1000000. EOPLOYERS'LIABILITY nI Vv•`�✓ DLSEAS&EACH EMPLOYEE S1000000. v $33, 000 �NLAND MARINE CCP 489136-00 04/21/97 04/21/98 SCHEDULED EQUIPMENT ED. $1000 DFSCRIPnoN OF OP4RAMONSILOCAnONS/VF}DCLFSSPECIAL ITLNIS E:BUS STOP ACCESSIBILITY PROJECT:CC1053 CONSTRUCTION CONTRACT. TTACHED LIST OF ADDTL INSURED & PRIMARY 10 DAY NOTICE OF CANCELLATION FOS INON PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILLMD)E Kilt IIBLIC WORKS DEPARTMENT MAJO 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 000 MAIN STREET - PO BOX 190 L.EFT.1115 - ii MXAUXM9X0VJfiX&N -9lR UNTINGTON BEACH CA L"Nlv4 u"" #ice � 11§� # ► i . 2 6 4 8 AUTTTORQ.FD REPRESENTATIVE _ /!v BART NUGEN r} /• _� ACORD 25-S(7/90) _ ACORD CORPORATION 1990 J GOLDEN EAGLE INSURANCE COMPANY P .O_ BOX 85826 SAN DIEGO CA 92186-5826 ------------------------------------------------------------- ADDITIONAL INSURED - OWNERS , LESSEES OR CONTRACTORS ( FORM B) POLICY NO: CCP 489136 00 INSURED= RANCO CORPORATION ------------------------------------------------------------- THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED ( Section II ) is amended to included as an Insured the person or organization shown in the Schedule , but only with respect to liability arising out of your ongoing ( as opposed to completed ) operations performed for that Insured . ( If no entry appears below , information required to complete this endorsement will shown in the Declarations as applicable to this endorsement . ) SCHEDULE Additional Premium: Name of Person or Organization: CITY OF HUNTINGTON BEACH , ITS AGENTS , OFFICERS , AND EMPLOYEES ECG952 ( 11/95 ) Includes copyrighted material of Insurance AKA 2010 Services , Inc . , 1992 with its permission . I GOLDEN EAGLE INSURANCE COMPANY F'0 BOX. 85826 - SAN DIEGO CA 92186-5826 ----------------------------------------------------------------------- PRIMARY INSURANCE ENDORSEMENT POLICY NO: CCP 489136 00 ----------------------------------------------------------------------- THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . This endorsement modifies the following policy coverage forms : COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement No . ( If issued after the effective date ) : Endorsement Effective : 09/23/97 ( At 12 : 01 A .M . Standard Time ) Named Insured: RANCO CORPORATION The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be. primary insurance , and any other insurance maintained by the additional insured shall be excess and noncontributory with the insurance provided by this policy , but only 8.5 respects any claim , loss or liability arising out of the ongoing operations of the named insured or its subconstractors , and only if such claim , loss or liability is determined to be solely the negligence or responsibility of the named insured . SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH , ITS AGENTS , OFFICERS , AND EMPLOYEES GEGN 500 RS AQUEST FOR COUNCIL ACTIOd `��P``' CA4JO'� -.pPw MEETING DATE: 9/15/97 DEPARTMENT ID NUMBER: 95-074 400,70 Council/Agency Meeting Held: 91/1 h7 Deferred/Continued to: yy/ l9'Approved ❑�Conditi nall Approved ❑ Denied City CI k's Signature 6- Council Meeting Date: 9/15/97 Department ID Number: 95-074 REQUEST FOR COUNCIL ACTION m -p z SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �'=im a < -c m SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator ( % �M PREPARED BY: OLES M. JONES II, Director of Public Works` 12K• r SUBJECT: Bus Stop Accessibility Project; CC 1053 /Authors ion to Award Construction Contract 1[ Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental tatus,Attachments Statement of Issue: On August 18, 1997, the.City Council authorized a call for bids for the Bus Stop Accessibility Project. Bids were received and opened publicly on September 4, 1997. Fundinq Source: SB 821 funds will be used for this project Recommended Action: Motion to: (1) Accept the low bid submitted by Ranco Corporation, P.O. Box 9007, Brea, CA 92622, and authorize the Mayor and City Clerk to execute an appropriate contract for the Bus Stop Accessibility Project , CC1053, for a total bid amount of $45,625; and (2) Authorize the Public Works Department to expend a total of $55,000 to cover the contract amount of $45,625, estimated construction change orders of $5,000 and supplemental expenditures of $4,375. Alternative Action(s): Reject all bids, do not proceed with construction and jeopardize SB 821 funding. Analysis: ✓/Of# On August 18, 1997, the City Council authorized a call for bids. Bids were received and opened on September 4, 1997. 0027386.01 -2- —— /� 09/03/97 3:07 PM AUEST FOR COUNCIL ACTIOR MEETING DATE: 9/15/97 DEPARTMENT ID NUMBER: 95-074 The objective of this program is to make as many bus stops ADA accessible as possible with available SB 821 funds. The primary focus will be the "Core Stops", or those currently used by disabled passengers. Contract Amount $45,625 Project Change Orders* $4,560 Project Supplementals** $4,815 TOTAL $55,000 *-- The amount identified includes the standard 10% limit set by Resolution Number 4896. **--Examples of supplementals include soils, concrete and compaction testing. The Engineer's estimate was $60,000. Bids as received are listed below with the bid amount: CONTRACTOR BASE BID, 1. Ranco Corporation $45,625 2. West Coast Construction $48,700 3. LGT Enterprises $54,000 4. Damon Construction $55,550 5. Nobest, Incorporated $80,500 Environmental Status: This project has been determined to be categorically exempt. Attachmentlsl: City Clerk's Page Number Author; Charlonne 0027386.01 -3- 09/03/97 3:07 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Bus Stop Accessibility Project; CC 1053 COUNCIL MEETING DATE: September 15, 1997 RCA ATTACHMENTS $TATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable ........ .... . ....... ....... .. ...... . EXPLANATION FOR MISSING ATTACHMENTS> NONE ARE APPLICABLE ....... . ..... _ .. ......_ ........ ........ ... .... . ................................. - ......... .. ._ . ......... ........ . ........ ....... .... .. ..... ......... .............. .. ......... REVIEWED RETURNED FORW DED .. Administrative Staff ( ) Assistant City Administrator (Initial) City Administrator (Initial) ( ) ) /47 City Clerk ( ) .. ............. . .. ......... ......... ......... ...... ........ ........ ........ ........ ......... EXPLANATION F:OR RETURN OF ITEM. SpaceOnly) COPIES TO: • • TAMMY GENEIL Eric Charlonne: BUS STOP ACCESSIBILITY PROJECT LOCATION: CITY-WIDE CC-1053 September 3, 1997 2:00 PM Engineer's Estimate: $60,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT . 1. All Concrete Construction $ 2. Damon Construction Co. $ Sg S D.oa 3. LGT Enterprises. $ 5cf as 4. Nobest, Inc. $ Flo, Soo . od 5. Ranco Corp. $ 4 .o 6. West Coast Construction $ "(f, 760 .O 7. $ 8. $ 9. $ $ 12108 v4 -0.2017 SECTION A 914-7 NOTICE INVITING SEALED BIDS for the BUS STOP ACCESSIBILITY PROJECT CASH CONTRACT No. 1053 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on September 3, 1997. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $5.00 nonrefundable fee if picked up, or payment of a $15.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct a 10% retention from all progress payments. The Contractor_may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid 'must be accompanied by a certified check, cashiers check, .or bidders bond--made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess'a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 Sth day of August 1997 Attest: Connie Br ay CITY CLE OF THE CITY OF HUNTINGTON BEACH Connie Brockway, City Clerk _ Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 r A-2 o e b �,rYc�,yfe yUNTrNGTCry CRh fI se Pay � T fwy cl.c� 'HUNT14j,vNl f �� r 'i,CAUF, Sli 3 2 0 _ t Pf 187 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH,CALIF. SEP 3 1 59 PH '97 r r r r� i r 1 ti Council/Agency Meeting Held: 8 Deferred/Continued to: , Ga/A/pproved ❑ Conditionally Approved ❑ Denied City C rk's Signature Council Meeting Date: August 18 1997 Department ID Number: PW 97-067 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: S M. JONES II, Director of Public WorksPit SUBJECT: Bus Stop Accessibility Project, CC 1053, pprove PS &E and Authorization to Advertise Fstatemenf Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Staff has completed plans and specifications for the Bus Stop Accessibility Project, CC 1053 and is ready for project bidding. Funding Source: Sufficient SB 821, in the amount of$87,500, will be used. The Engineer's Estimate is $87,500 and includes all associated project contingency costs. Recommended Action: Motion To: 1. Approve the plans and specifications for the Bus Stop Accessibility Project, CC 1053 and authorize the Director of Public Works to solicit bids for construction; Pending recommendation by the Public Works Commission; and 2. Approve the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder. Alternative Action(s1: Deny approval of the plans and specifications, solicitation for bids and forego the project. V *QUEST FOR COUNCIL ACTION MEETING DATE: August 18 1997 DEPARTMENT ID NUMBER:PW 97-067 Analysis: 100% OCTA Grant Funds will be used for this project. The objective of this program is to make as many bus stops ADA accessible as possible with available funds. The primary focus will be the "Core Stops", or those currently used by disabled passengers. Therefore, the City desires to move forward with this project and award construction by month end -- September 1997 as required by the Orange County Transportation Authority. Due to the critical timing of this project the Public Works Commission will approve a motion to recommend this project to the City Council on August 20, 1997. Environmental Status: This project has been determined to be Categorically Exempt. State Type: Class 1 Section Number: 15301. Attachmentlsl: City Clerk's Page • - Description1.1 Start NumberEng 1. Sample Contract Author Charlonne 0026891.01 -2- 08/06/97 9:25 AM ATTACHMENT 1 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE IMPLEMENTATION OF THE BUS STOP ACCESSIBILITY PROJECT (CC-1053) THIS AGREEMENT, made and entered into this 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 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 implementation of the bus stop accessibility project in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, Imp1k1pcd/busstopl7/30/97 1 SAMPLE and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. _ ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA jmpWpcftusstopn`rM97 2 SAMPLE 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 Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion jmp1k1pcd/busstopl7/30/97 3 SAMPLE Within () consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. jmp/k1pcd/busstop17/30/97 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or jmp/k1pcd/busstopr7/30/97 5 SAMPLE structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. jmp1k/pcd/busstopl7/30/97 6 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. Jmp/k/pcd/busstop/7/30/97 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether.or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an Jmp/k/pcd/busstop/7/30/97 8 SAMPLE 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 more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum.as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. jmp/k/pcftusstop9/30/97 9 SAMPLE 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability., claims, damages, losses, expenses, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but imp/k/pcftusstop/7/30/97 10 SAMPLE not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection jmp/Wpcd/busstoW/30197 11 SAMPLE with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Imp/Wpcd/busstop/7/30/97 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR.fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. jmpWpcd/busstop17130/97 13 SAMPLE 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made,at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside Jmp1k1pcd1busstop7/30/97 14 SAMPLE the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED jmp/k1pcd1busstopf7/30/97 15 SAMPLE 32. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (circle one)Chairman/PresidentNice President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer � �Qp City Attorney a REVIEWED AND APPROVED. INITIATED AND APPROVED: City Administrator Director of Public Works jmpNpcftusstop!7/30/97 16 SAMPLE Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7.. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. _STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 jmpAdpcftusstop/7=/97 SAMPLE 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Bus Stop Accessibility Project, CC 1053, Approve PS&E and Authorization to Advertise COUNCIL MEETING DATE: August 18, 1997 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Attached (Explain) Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS . ... REVIEWED RETURNED FOR DED ........ Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) ( ) ) City Clerk ( ) ............... . ......... ........ . ....... ....... . ............. . . ..... EXPLANATIQN FOR RETURNOITM:Space . Only) I have received Bid Bond for LGT Enterprises -Washington International Insurance Company, Bid Bond No. 3SM 774 254 00 - Ranco Corporation -American Motorists Insurance Company, Bid Bond -West Coast Construction - Redland Insurance Company, Bid Bond - Nobest Incorporated - Contractors Bonding and Insurance Company, Bid Bond, Damon Construction Company -American Automobile Insurance Company. Re: CC-1053 Action Agenda of August 18, 1997 and RCA attached. v Dated: By: BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, LGT ENTERPRISES (hereinafter called the Principal),as Principal,and WASHINGTON INTERNATIONAL INSURANCE COMPANY.a corporation organized and doing business under and by virtue of the laws of the State of Arizona,and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of ARIZONA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID-------- Dollars ($_ 10' OF BID---- ) lawful money of the United States of America,for the payment of which,well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the "BUS STOP ACCESSIBILITY PROJECT, CC#1053" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW,THEREFORE,if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee,and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be duly signed and sealed this 28TH day of AUGUST . 19 97 LGT ENTERPRISES B _ WASHI GT COMPANY r B�i MICHAEL UI Attorney—in—Fact I STATE OF CALIFORNIA SS. COUNTY OF ORANGE On AUGUST 28, 1997 before me, M. TREDINNICR, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY. personallv known to me (or proved to me on the basis of ' satisfactory actory evt ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the $ 1Vl. TRtiir�;.l;r;� entity upon behalf of which the person(s) acted, executed �. COMM. the instrument. W�SU WIR�uH)TMRNIAoff g WITNESS my hand and official seal. - aok bon Yac 1%1>� V Signature � This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTnE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑.GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTYpES) SIGNER(S)OTHER THAN NAMED ABOVE I ids' "e'' 6'44 ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL BY.THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint JAMES BALDASSARE,JR.AND MICHAEL A.QUIGLEY EACH/N THEIR SEPARATE CAPACITY its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required, or permitted by law, statute, rule, regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said Washington International Insurance Company as fully and amply,to all intents and purposes, as if the same has been duty executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to$3,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read,in part, as follows: 1. The Chairman of the Board, President,Vice President,Assistant Secretary,Treasurer and Secretary may designate Attomeys-in-Fact,and 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 to appoint Special Attorneys-in-Fact,who are hereby authorized to certify copies of any power-of-attomey issued in pursuant to this section and/or any of the By-Laws of the Company,and to remove,at any time,any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board,the President,Vice President,Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company,may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney,certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding ypon the Company. IN TESTIMONY WHEt3EOF,the.Wa' in Iritern.ational Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by.its authorizO.Officer,this 13 une, 1 97. TO NATIONAL INSURANCE COMPANY e .i:.`;*' �ti tev nderson,Vice-President-Zoe STATE OF ILLINOIS) +;;tilr;;t::1, COUNTY OF COOK) On this 13th day of June, 1997, before me came the individual who executed the preceding instrument,to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washin on International Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company, IN TESTIMONY WHEREOF I�{I�J.��ye a and affixed any Offi 'al al,th ay and year first above written. ,r)I I•ICIAL S};AL" M,iCy`Li=HO`N=-RTON IVpt2'1 p �;,c State of Illinois�, ic i owe on, Notary•P• lic My Gr,:iniss'o„Exp.r=s 0910714 mission Expires September 7, 1999 CERTIFICATy4�. STATE OF ILLINOIS) COUNTY OF COOK) 1,the undersigned,Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY,an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III,Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed in the County of Cook Dated the 28TH cay of AUGUST 19 97 JarKs A, CarpenMr,Vice-President SECTION C PROPOSAL for the BUS STOP ACCESSIBILITY,PROJECT CITY WIDE CASH CONTRACT No. 1053 in the CITY OF HUNTINGTON BEACH 1 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF j HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids i and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall it govern over extended amounts, and words shall govern over figures. i C-1 I . f • • OROJECT BID SCHEDULE ,_ : • . te. sttmate tem wit `unit pace ten e IVo Quanttyvritten<:in words Unit Price Amount. 1 1 Mobilization LS @ F-1✓E P7C4158nd Dollars $ S,c vv $J Cents Per LS 2 1 Traffic Control 1? � - LS @ Uwe /{7aus anal Dollars $ /,Ox 00 $ /,OX, �d Cents Per LS 3 5000 Construct Sidewalk Per Std.Plan 207 SF @ Th/►e(? Dollars $ 3.80 $/9 000.00 1 A n l! Cents Per SF -/ 4 25 Construct Wheel Chair Ramp Per Std.Plan 212 sheet 2 of 3 Each @ ,�,s a✓e,, 14u Adped Dollars $ 202,oa $ /7 Syd.o" Cents Per Each 5 500 Grind Otter Lip at Existing Wheel Chair Ramp L.F. @ f"/f�en Dollars $ /.-.9O $7 ADO•vo Cents Per L.F. 6 20 Relocate OCTA Sign/l�/ Each @ On B f�14olo'ed Dollars $ /OO, oo $Z oGh Oa.. Cents Per Each 7 20 Adjust Pull Box to Grade Each @ anE anallm' I Dollars $ 100,00 $ Z_ O0,00 Cents Per Each 8 a- @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 511 paces. °O 'I'otal Amount Bid nWords:...... Fk n. .........�?u .� .......................................... .............................................................. PV! ....T C-1s If'awarded the Contract, the fersigned agrees.that in the event off?BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after. the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and. void. Accompanying this proposal of bid, find 4-r don the amount of$/6' ./-?/ h i c h said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", ."Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: AddendalVo Da[eReceived Brdder`ssignature i r C-2 PST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor ,State L:eense Class of mark Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On U 2—B C� ,before me, N. TR DINNICK, NOTARY PUBLIC PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the M. TREDINN3CK entity upon behalf of which the person(s) acted, executed COMM. ytos30d8 NOTARY PNBUC•CAUFORNIA the instrument. ORANGE CouNTY Mr Comm,bxpl»e Me.2B,1998 WnNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TmE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTMY(IES) SIGNER(S)OTHER THAN NAMED ABOVE M-08' Pe 6/94 ALL-PURPOSE ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 4::: OA•y , being first duly sworn, deposes and says that he or she is of 7-- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or-agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership; company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder ��al'TJr Address of Bidder Subscribed and sworn to before me this day of , 199_ . NOTARY PUBLIC NOTARY SEAL C-4 O UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BUS STOP ACCESSIBILITY PROJECT, (I)(we)(it) will.employ and utilize only qualified persons, as hereinafter defined, to .work in proximity to any electrical_ secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said . subcontractor or subcontractors with the requirements contained herein. G G��/TZ��✓12�.SG�r Contractor By �. 4 Title Date: ✓�!i' 9 7 C-5 Q DISQ ILIFICATION UESTIONNAS In.accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain.the circumstances:in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: . 9-2-,9 C-7 UARGROUND SERVICE ALERPI IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: 4 y Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: T Bidder Name Business Address City, State Zip c74 7 3z7l- �a Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by/ of our office on J'2,- 1999 J The followingare persons, firms, and corporations having a principal interest in this proposal: C-9 i The undersigned is prepared tRatisfythe Council of the Cit of Huntin on Beach of i s g P P Y � t ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company N e l Signature of Bidder -y Printed or Typed Signature Subscribed and sworn to before me this day of , 199_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I rrd 6- A 7Z;' 54:� O /Jv e ✓d cam•` Name nd Address of Public Agency Name and Telephone No. of Project Manager: 21 ,sew i 1 Contract Amount Type of Work Date Completed 2. 1.�/T�3 !/�.2•� .f' �Y ��X �vs s .0 ��0 Na e and Address of P lic Agency Name and Telephone No. of Project Manager: O/�r" z - ,�/lJ- Z `�f'~ Z'rlZ Contract Amount I Type of Work Date Completed Name,dhd Address of Public Agency Name and Telephone No. of Project Manager: i Contract Amount Type of Work Date Completed aio STATE OF CALIFORNIA SS. COUNTY OF ��ORANGE On �� - a '�, ,before me, M. TREDINNICR, NOTARY PUBLIC PERSONALLY APPEARED •�C��! l(� Irl personally known to me (or proved to me on the basis of ' satisfactory evi ence —to-be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the M.TREDINNi CK entity upon behalf of which the person(s) acted, executed COMM. #1053088 the instrument. NOTARY PUeUC•CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal. W COW ON?"War.28, Ing Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nnE(s) ❑ PARTNER(S) ❑ LIAAITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ` ❑ GUARDIAN/CONSERVATOR ❑ OTHER: GATE OF DOCUMENT SIGNER IS REPRESENTING: c NAME OF PERSON(S)OR ENTiTY(tES) SIGNER(S)OTHER THAN NAMED ABOVE I[D-08, Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT `INI I t � ;f ta,7 ��yyZy s ;`1 ' x w • • • a lV\/1 A' Y 1 Y CC 1 4 1} k)a i�- q y a l t yy r 14 i';1C American Motor isPInsurance Com pa �inSURe a BOND: 3SM 774 254 00 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ranco Corporation, 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 California as Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, in the sum.of 10% of the total amount bid not to exceed Ten Thousand & NO/100ths ($10,000.00) Dollars, lawful money of the United States of America, to the payment of which sum well and truly to be made, the 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 such, that, if the Obligee shall make any award to the Principal for CASH CONTRACT#1053 -BUS STOP ACCESSIBILITY PROJECT CITY WIDE Bid Date 09-03-97 According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms 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; otherwise it shall be and remain in full force and effect. SIGNED, SEALED, DATED: August 27, 1997 Ranco Corporation American Motorists Insurance Company (Principal) (Surety) By: B _ X1144,�52111 y: M cha E. Cu , Attorney In Fact m DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(213)257-8291 •FAX(213)256-7218 Bid Bond-10-19-96.dot CALIFORNIA ALL,- P OSE ACKNOWLEDGMENT State of California County of Orange On AUG 2 7 1997 before me, Kim Nguyen,Notary Public NAME,TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known tome - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/heritheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the erson(s) or the entity upon behalf of 6CIM NGU`fErl � P � Y P COMM.f1012 42 which the person(s) acted, executed the instrument. NCJ ez AW & 5 OPANGE COUNTY : Cow+. Exp. pec 30, 1e97 WITNESS my hand and official seal. (SIGNATURE OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BONDS TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE McMPRR. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the"Company") a corporation organized and existing under the laws of the State of Ilinois,and having its principal office in Long Grove, Illinois,does hereby appoint Michael E. Cundiff of Orange, California►►►►►►►►►►►►►►►►►►►►►►►►►:►►. ►►►►►►►►►►►r►►►►►►.► its true and lawful agent(s) and attorneys)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,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 bond or undertaking exceeds ONE MILLION DOLLARS($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 note,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 Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed 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 31,2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are 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 President, or any Vice 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 authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 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 Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: ��""'0jo� American Motorists Insurance Company _L�an jimam e CORtMAT10m 3 Robert P. Hames,Secretary by J.S. Kemper,III,Exec.Vice President COLLUSION AFFIDAVIT • TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange E. Dale Jones , being first duly sworn, deposes and says that he or she is President of Ranco Corporation the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association,organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the-public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership; company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. &,<j 66 Edit A'd A,4 i l o�_l Name of Bidder gignature-oTbidder x 9 007 3_0EA- !9_47— Address of Bidder Subscribed and sworn to before me this 27th day of August ; 199 7 . r aKIM NGUYEN COMY.11012�12 MUM�1�11�CKIPOAW► 1'wa Ew OK 36.107 NOTARY PUBLIC NOTARY SEAL C-4 SECTION C PROPOSAL for the BUS STOP ACCESSIBILITY PROJECT CITY WIDE CASH CONTRACT No. 1053 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actWal quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 f i OROJECT BID SCHEDULE • stimate tein wit unit rice xter► e tem p No. Quantity writte .. words .......Unit ......Price Amounk ...; 1 1 Mobilization sd V LS @ y �1/1D u� J 0*-M p Dollars $ p $ 0&) Cents Per LS 2 1 Traffic Control OL LS @ 1b✓'2t T120a rdf-A Dollars $ wo $ Q, Cents Per LS 3 5000 Construct Sidewalk Per Std.Plan 207 SF Dollars $ 3= $1 7So Cents Per SF 4 25 Construct Wheel C R:7 Per Std.Plan 212 sheet 2 of 3 040 Each @ �VA r j v�Dollars $ $ S Cents Per Each 5 500 Grind Gutter Li g t Existing Wheel Chair Ramp L.F. @ Dollars $ Cents Per L.F. 6 20 Relocate OCTA Sign AA, �r Each @ �`� Dollars $ _ Cents Per Each 7 20 Adjust Pull Box to Grade Each @ �� I , V'� Dollars $ $ Cents Per Each 8 @ Dollars $. $ Cents Per 9 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ ..................of .... i in or s: E 1 e ....1?.. . r4IVA- C-is g If awarded the Contract the uersi ned agrees that in the event of BIDDER'S default in g executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to. the AGENCY. (Please insert the words "Cash", ."Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No Date Received Bidder's Signature i Y � C-2 </\ LIST OF SUBCONTRACTORS U CONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Porhon Name and Address o,f Subcontractor State:License Class of work Number N o n1 O By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 FPiihl RAND O CORPORAT ION • PHONE NO. 714 9.97) 2�- * Sep. 02 19'97 +=t1:=tF?9 P1 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or Otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth_ e4j 0 v 0 d.c Ov•L A-77 7 0 Company Name igna idder Printed or Typed Signature Subscribed and sworn to before me thiso&j'day of �mhti,! 1997 . iam NGMN f�M�.I101"41- S" CORM OE �p 0A !�' NOTARY PUBLIC NOTARY SEAT. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed. 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 09-02-97 14: 21 RECEIVED FROM: P. 01 City of Upland City of Fountain Valley 1370 N. Benson 10200 Slater Ave. Upland, CA 91786 Fountain Valley, CA 92708 909-931-4264 714-965-4400 ext. 251: Eric Davidson Bob Kellison 1996 1996 $80,000.00 $50,000.00 City of Newport Beach City of Seal Beach 3300 Newport Blvd. 211 Eighth St. Newport Beach, CA 92658 Seal Beach, CA 90740 714-644-3331 714-828-8550 Mark Puglishi Steve Badem . 1996 1996 $175,000.00 $120,000.0 City of Stanton City of Pasadena 10652 Bell St. 100 N. Garfield Ave. Stanton, CA 90680 Pasadena, CA 91109-7215 714-379-9222 ext. 202 818-564-0454 Craig Stuhbe Dan Rix 1997 1996 $60,000.00 $100,000.00 City of San Marino City of Dana Point 2200 Hungtington Dr. 33282 Golden Lantern San Marino, CA Dana Point, CA 92629 909-594-9702 714-248-3554 Bob Morganstern Gerry Anderson 1996 1997 $96,000.00 $75,000.00 City of Mission Viejo City of Montclair 25909 Pala 511 Benito St. Mission Viejo, CA 92691 Montclair, CA 91763 714-740-3057 909-625-9442 Mark Chagnon Don Gdula 1997 1997 $85,000.00 $130,000.00 ... ! .. ALL P OSE AP�.......... CKNOWLEDGME State of California County of Orange On before me, l Kim Nguyen,Notary Public NAME,TITLE OF OFFICER personally appeared E. Dale Jones NAME OF SIGNER ❑ Personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized • capacity(ies), and that by hislherltheir signature(s) on the 71M NGUYEN instrument the person(s), or the entity upon behalf of COW.#1012042 6 � , which the person(s) acted, executed the instrument. Mkt#- nm. Fin.Dec. 30, In? WITNESS my hand and official seal. (SI OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Ranco Corporation None SIGNER OTHER THAN NAMED ABOVE UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BUS STOP ACCESSIBILITY PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that-may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said . subcontractor or subcontractors with the requirements contained herein. Contractor j i 1 By �. 3 Title i j Date: C-5 NONCOLLUSION AFFIDAVIT TO BE EXEC TED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ing first duly sworn, d/says she is of ng the foregoing bid that the bid is not made in a interest of, or on the behalf of, any undisclosed person, partnership, company, association, ganization, o corporation; that the bid is genuine and not collusive or sham; that the bidder h not direct or indirectly induced or solicited any other bidder to put in a false or sham bid, and as not irectly or indirectly colluded, conspired, connived, or'agreed with any bidder or anyone is to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in y manner, directly or indirectly, sought by agreement, communication, or conference with y ne to fix the bid price, or that of any other bidder, or to secure any advantage against t pub 'c body awarding the contract of anyone interested in the proposed contract; that all st ements ntained in the bid are true; and, further, that the bidder has not, directly or indirect , submitted is or her bid price or any breakdown thereof, or the contents thereof, or divulge information or ata relative thereto, or paid, and will not pay fee to any corporation, partners p; company assoc tion, organization, bid depository, or to any member or agent thereof to of ctuate a collusive or am bid. Name of Bidder Signature of Bidder ` Address of Bidder Subscribed and sworn to before me this day of , 199_ . , NOTARY PUBLIC NOTARY SEAL C-4 DIS UGLIFICATION UESTIONNA Q Q In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? i ❑ Yes )No If the answer-is yes, explain the circumstances in the space provided. 1 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPEPATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. O"VO C r B Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder e _ v o Business Address City, State i l 29 Telephone Number State Contractor's License No. and Class Original Date Issu 4; Expiration Date The work site Was inspected ected b' W r office on 199 P Y 1�17 The following are persons, firms, and corporations having a principal interest in this proposal: 97" 5)�e- C-9 UNIORGROUND SERVICE ALERV IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) e � No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: t Contractor IWA By Tie ' Date: , Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 � del HUk`ri;��;'. /v �UNrii ' "tr SAP SAP .... ...... �.. .�. ....... ... 7. THE ARRI CAN INSTITUTE OF AAITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we WEST COAST CONSTRUCTION 3030 OAK AVE CORONA, CA 91720 1Here insert full name and address or legal tide of Contractor) as Principal, hereinafter called the Principal, and REDUNO INSURANCE COMPANY ;Here insert full name and address or legal tale of Suretyl 1309 BROADWAY LITTLE ROCK, ARKANSAS 72202 a corporation duly organized under the laws of the State of IOWA as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal hrle of 0,,mitri CITY OF HUNTINGTON BEACH. as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF AMOUNT BID**** Dollars lS 10% OF BID*** � for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for IHere insert lull name. address and descnpuon of protect BUS STOP ACCESSIBILITY PROJECT CITYWIDE #1053 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with Good and sufficient surety for the faithful performance of such Contrail and for the prompt payment of tabor and material furnished in the prosecution )hereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified to said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2ND day of SEPTEMBER 19 97 WEST COAST CONSTRUCTION (Principal) (seal) (Witness) (Title) RED4 INSURANCE COMPANY i (;urety) r ( a!) (Witness) , a, KELLY A. SAITWW ATAtt-IN-FACT AIA DOCUMENT A216•e10 BONO•AIA 3• FEBRUARY 070 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O.C. 20xl6 1 I I i CALIFORNIA 0 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S .S . COUNTY OF San Bernardino ) On �AIq? , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman , X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(g) whose names) is/,=exsubscribed to the within instrument and acknowledged to me that (,be(/she/thX_yq executed the same in b)ft/her/thoft authorized capacity(;, and that the entity upon behalf of which the person M) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) soesss0000eeoo�sosossososesososs Z FRANCES LEFLER Z S COMM. #1058976 S NOTARY PUBLIC•CALIFORNIA P a SAN BERNARDINO COUNTY P My Comm.Exp.May 14,1999 e '^ eeee00000eocoosaooetac�..;;ss,;:;..... /�Al V� Signature of Notary ublic CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below; doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s ) and Titles and _ Partner(s) Limited General Attorney-in-Fact Trustee(s) Guardian/Conservator Other: Signer is representing: ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document:- Signer(s) other than named above: none THIS CERTIFICATE MUST BE ATTACHED TO THE DOC13MEW DESCRIBED ABOVE. xas/18"W ttt a i ad �, t 6 �� N;. ,y "•( :a •• tl ;t dr t / @sue ,rbG t as ]" ; - y +_` ✓.d''. a'u'Ji"11;. -�p,,.-¢'pt {mow,. 2� y .."� -- E c , _ i wk- " ��r'.rf'F+-.i�+�;,.•� ,+.,9'.1`�+F f.,.} __ _ rv�-.r-i `�,r'-1{a,.,Y k`,' r � ^' b REDLAND INSURANCE COMPANY I POWER OF ATTORNEY RED. 10427431 KNOW ALL MEN BY THESE PRESENTS,THAT REDLAND INSURANCE COMPANY does hey make,constitute and appoint JAY P. FREEMAN**TRANCES LEFLER**.KELLY:A.SAITMAN`of ONTARIO,CA. its true and lawful Attorney-in-Fact to make,execute and deliver on its behalf Surety bonds,undertakings and other instruments of E S' similar nature as follow mi Written instruments In an amount not to exceed $2,50 ,000 This Power of Attorne is anted and sealed under and b the authont of the followm Resolution ado opted b the Board of r C <l Y gr Y Y g P Y _. + Directors of the Company on the 18th day of October;1993. j i #j "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Vice President be,and that each 7 -�\ of them is authorized to execute Powers of Attorney quayirig the Attorney in-Fact named.in the given Power of Attorney to ' execute in behalf of the Company,bonds;undertakings and other instruments of similar nature,and said officers may rename any such Attorney-in-Fact or agent and revoke any Power of,Attomey previously granted to such person. FURTHER RESOLVED,that.an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the i t execution of any such Power of Attorney,and to attach thereto the seal of the Company I FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of o- 5 . , . Attorney or to any certificate relating,thereto by facsimile,and ank-such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with respect to any bond, k ?; undertaking or instruments of similar nature to which it is attached. 1 1 . IN WITNESS WHEREOF,REDLAND INSURANCE COMPANY has caused its official seal to be hereunto affixed and these ( presents to be signed by its President this 18th day of.October' 1993 $ E tl 4 n SURANCE P _REDLAND IN COM ANY. Attest „.- t" /4 BIUfFS PETER A KNOLLA � } Secretary JOHN P NELSON . ) s President -' STATE OF IOWA } 1 -_s s -Council COUNTY OF POTTAWATTAMIE On this 18th day of October,1993 before me personally came John P.Nelson,to me known,who being by me duly sworn,did <; depose and say that he is President of REDLAND INSURANCE COMPANY the corporation described m and which executed the E above instrument;that he knows.the seal.of the said corporation,that the seal affixed to the'said instrument is such corporate.seal that it was so affixed by order of the Board of Directorsf.said corporation and that'he signed his name thereto by like order: 1 , `e }; g JEANETTEALDREDGE ' * ,* MY COMMISSION EXPIRES J �► ;: 3-15-99 �rF EANETTE`ALDREDGE My'Com n Expires March 15,19W ` NOT PUBLIC cq {33i^1 -' I,the-undersigned,Vice President of REDLAND INSURANCE COMPANY an Iowa corporation,DO HEREBY CERTIFY that rpo the foregoing and attached Power of-Attorney remains in full force and has not been revoked and furthermore that the Resolution r of the Board of Directors,setforth in the said Power of Attorney;is now in force' ;r6 1 r; - -ZIYIJ JLf I U L)ER 11 s B'f Signed and sealed at the City.of Council Bluffs in the State of Iowa,dated the day of ;19 9� -* r , a Ot 1 ROGER D. STORDAHL' , ,.Senior Vice President .: 1 THIS DOCUMENT_IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER.THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW. \ IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT.YOU ARE URGED TO CONTACT REDLAND t INSURANCE COMPANY AT CIO 80 OLD STATE HOUSE SQUARE,P.O.BOX 231496,HARTFORD,CONNECTICUT 06123.1496 OR CALL POWER OF ATTORNEY CUSTODIAN AT 1.800.394.7806 j 101/POA/7/96 li ?sx� IWOt- i at ad`+a..- _k - ram- NO Tx 1�.1�' ~1%n+_YP -'Ay�pr7 'M.}U4d -'�{W'.I+'-� ..+JIF`0% Ly;�x�- F "':•1� ..�Id= 4-�.i.o tom' .."' �1'�:i•'sF vG' t t?'; 'i.;•1I = ' SECTION C PROPOSAL for the BUS STOP ACCESSIBILITY PROJECT CITY WIDE CASH CONTRACT No.:1053- in the CITY OF HUNTINGTON BEACH TO THE' HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all -the work therein described, and to furriish'all: labor,"material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City.of•Huntington Beach, and to enter into a contract at the following prices. The undersigned' agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,: Instructions. to"Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDERunderstands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, thaf..ihde estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the acgal quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 OROJECT BID SCHEDULE • aem stimate tem wrt unit price xten e No ;Quantity wri... n.:n words Umt Price Amount _. 1 1 Mobilization LS @ 7::)(Y. 7C11a_)ZAe.1 b Dollars $ to,b00101, $ bDoaclo ZERO Cents Per LS 2 1 Traffic Control LS @ FI Fmer j Hot_10;wa Dollars $ SpQm $ 1,5oa 01 z6f-O Cents Per LS 3 5000 Construct Sidewalk Per Std.Plan 207 SF @ FOUR Dollars $ —i•00 $ .ay Cents Per SF 4 25 Construct Wheel Chair Ramp Per Std.Plan 212 sheet 2 of 3 Each @ SEVE/�! I-1 U,A48cEJ) Dollars $ RD Cents Per Each 5 500 Grind Gutter Lip at Existing Wheel Chair Ramp L.F. @ FtV46 Dollars bb $ aswo ZE120 Cents Per L.F. 6 20 Relocate OCTA Sign Each @ T14 i 9 '1 Dollars $ ' t��_ $ bbo 00 . 2690 Cents Per Each 7 20 Adjust Pull Box to,,G rude Each @ -rH lie, g/ Dollars pD $ 001 O 17egb Cents Per Each g @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 8 700.00 ota Amount i i Words, 3lA.... ....................................... n...........................A. �...�I� .. .....rpnzs 4r.1 .......5* c&....t C-Is If-awarded the Contract, the Anersignedg the a rees that in the event of BIDDERS default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null.and. void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to. the AGENCY. (Please insert the words "Cash", ."Certified Check", or "Bidder's Bond", as the case may be). - Bidder shall signify receipt of all Addenda here, if any: Addenda No DateReceiyed Bidder'signature r C-2 LIST OF SUBCONTRACTORS 'In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portron dme and Adcith of,Subcontractor ,S`taie License Class of Work Number N e. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above,sub contractors listing. 2. That the AGENCY.will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 .:i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of l c) 5f'Coa.:S+ ('nng-f: the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or -agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership; company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. U )PS+ coce!s+ Cbn5ta Name of Bidder Sign ItIre of Bidder A Address of Bidder Subscribed and sworn to before me this _day of , 199 Z . r TENAO'DELL' COMM.#1108927 N07ARY M LIC-CALINNNIA RIVERSIDE COUNTY (� o m. ,Jul Y8,2000 NOTARY PUBLIC NOTARY SEA C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BUS STOP ACCESSIBILITY PROJECT, (I)(we)(it) will:-employ and ` utilize only qualified persons, as hereinafter defined. to work in proximity to any'electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the -. operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that-may be retained or employed by the undersigned, , and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By �► Title 1 i Date: - C-5 t DISQUALIFICATION UESTIONNAI�E Q Q In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented.from bidding on or completing a Federal, State or local government project because.of a violation of law or a safety regulation? ❑ Yes VNo If the answer is yes, explain the circumstances in the space provided. IA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 Mir- COMPENSATION INSURANCE CERTIFICATE . Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By 51C zfr\+ Title Date: C-7 • UNDIRGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor , By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 w BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 3030 na V- prde . Business Address ('n rnn a CA, cl n a-b City, State Zip U- Oco3� Telephone Number 7 313 L4 State Contractor's License No. and Class 1 /I Ll M-7 Original Date Issued Q /9g Expiration Date The work site was inspected by of our office on , 199_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 he undersigned prepared to h T ned is re g p p y the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Compan ame Signatu/6 of Bidder _DeArrnonA Printed or Typed Signature Subscribed and sworn to before me this day of , 199:7. 6 TENAO'DELL COMM.#1108927 NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY Comm. Ju 25,2000 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: ��r( � h()++r)rn Ono . 12 TZ `ti C� Contract Amount Type of Work Date Completed 2. n�. &� hgarh Name and Address of Public Agency Name and Telephone No. of Project Manager: noar-L ItS I Contract Amount Type of Work Date Completed 3. 0, 0-- -T1)�of Name and Address of Public Agency Name and Telephone No. of Project Manager: nLL (41 n Contract Amount Type of Work Date Completed ai0 . .. . . , . _ . . . , . - _ 1..: ,. ^f e ,.,. - ..... . .'4. i. - N� ,fir. .. .- :. ,: �f .. .. ......... ......... ... :.:5.-, ,..Y : � I— i'7' /t' _ r'f _ Gam:• i'x. - iFg:.�, :4. i- 3 `L '�- ,/ •.taw r' .' L <.. ..r.! - L'•�..-<.. 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California: BID Plaza Pointe Drive CBIC BID BOND Laguna Hills,CA 92653 CONTRACTORS BONDING (7l0)274-C733 AND INSURANCE COMPANY (714)»0_9805 AaXonal - J Bond No. Premium included in Bid Bond Service Undertaking i KNOW ALL MEN BY THESE PRESENTS: That we, NOBEST INCORPORATED us Principal,(hereinafter called the"Principal"),and Contractors Bonding and Insurance Company of Seattle,Washington,a cor'orution duly organized under the laws of the State of Washington, as;Surety, (hereinafter culled the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"), in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID notioexceed TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ I OZ ), for the payment of which sum well and inily to be made, the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for BUS STOP ACCESSIBILITY PROJECT CITY WIDE CASH CONTRACT NO. 1053 1 i NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds us may he specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution (hereof,or in the event of the failure of the Principal lu enter into such contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the uniount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26TH day of AUGUST A.D. 14 97 i NOBEST INCORPORATED (Seal) 1 Print ml Wilness P Title Surety:Conlraciors Bo ding and Insu nce Company By 2S _ Wilness LINDA D. COATS Attorney-in-Fac( C325d-IWIVI,8-75 198717 Printed in aciliennion with the American Institute of Architects(AIA)by Contractors Bonding and Insurance Company.Ilia language in this diwument contimus exactly to Ilia language used In AIA tkwument A-310,Ii:bruury 1970 edition BodL1181.02-CA011993 1140 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tw sw, State of_ California County of Orange On _ "" Z before me, David E. Poole , Notary Public , DATE NAME.IIILE OF OFF+CEFI-E.G..']ar.E UOE.I.OrAitr PUULIC• personally appeared Larry Nodland ` NA+.tEISI OF SIGNEfiISr ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized � - capacity(ies), and that by his/her/their ::.u...... DAAD E.POOLE COMM.#989929 > signature(s) on the instrument the person(s), IVOTARYf�lJBLIC•CALIFORtVl11 or the entity upon behalf of which the °ENQEaY tM►oanm May 14,W person(s) acted, executed the instrument. � T SS y h nd and official seal. S+GNaruRE of NoraftY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying oil the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE OR TYPE OF DOCUMENT 11TLE1S1 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN rI1Y1+ESI - SIGNER(S)OTHER THAN NAMED ABOVE m1993 NATIONAL NOTARY ASSOCIATION•8236 Renunel Ave.;P.O.Boa 71Ui•Canoga Pa+k.CA 91309.71&4 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 8/26/97 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name,Title of OI'licer-e.g."Jane Doe, Notary Public" personally appeared LINDA D. COATS Names(s)of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted,executed the instrument. Witness my hand and official seal, CHRISTOPHER J. COATS COMM. # 11^3462 D C[ ° NOTARY PUBLIC CALIFORNIA Q ORANGE COUNTY Niy Comm.Expims Juy 15,2000 s ure of Nota ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER 1 _Individual(s) —Partner(s) —Attorney-in-Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) Ism& &haw DSSAM LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Power of Attorney Executed On or After: April 30, 1999 Number: 525918 -; READ CAREFULLY A valid original of this document must be printed on security paper with black, blue, an re in , anci must bear the raised seal of Contractors Bonding and Insurance Company(the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places.This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. a- ,"•vy'`q,°i'' $rLv ^"„wf KNOWALLIM$ THESETPRESE ,,y _ . N By,� NTS, thatzthe Compaay does h reby make, consj Mute an$ .appoint hefollowin DOIIc3LA8=A RAPP�andNDA� D...COATtrue aad i lawful: Attorae {s) in , r t�� y y Y mitlifu�'3. poweandau ort he�eb conferred in I - ten; its?name, place And,steadta�exacute�aakned a aad�$e'1iver (i) SSA ; guarantee$ performanco5aa paymeat bonds no exceedia he penal sum '!I tl,i 2 5 0,0 0 0; _ (2) bid'bonds gO rr"I s-whe a_ he - _oath_ t` awarded;,-th , x °} lx "."•,. }2yas T;� y x +{ -a- 4 +#a. s.. , - d x,ss 'k L 6.• guarantee$ performance aad -or paymeand1_aoescead $3,;250,',OOa, 3:It` ;i all otherbondscoded orclassified` the�suretAssocatiaa_e f erc . Manual ' .. . � `"F��.>^- '��Z yw...� 4"�- -.cart. .+mil-'.Sc-c - --, -3d#"' ± -_ ♦ ' �' ��. i... - s9•iF'.�:e: � of Rules, Procedures and=Classifcatiaa 'forFidelity Forgery and Su ety Bonds - >4 - - �Yt 'd'- •w.� ,c,�� * {includingYfuture amendments thereta) .as 41 L;ial, Contraci< exclud ng bid •,° " >s � r _-a 'k..•' c, :-"x a �?'sa+a. Miscellaaeous� `3 ceas�and Permit,�CV�' lera ao ceediag the anal sum' of ^$3,500 000, {d)'5b�bon3s orobs iaritpu>rs: t th authcri y is clause '(3) above whe*WNT tha xco`atzac e7,7 rfbrman p.a �eat .bon$(s)' willaotCeed 3;,50�0 000��) =1 ofzk_ �� Yci' '] bonds ffi ex ce eM_ id otherila# �aa�ob33gee unNaaoss ra n ed� atEiany appo ntmerit is made undera thµe authority of the Boarrddaof i actors c the _ � ___Y -.' :.1 CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BID BOND fay :.. Signed and sealed this 26TD .,,Lfav of IA19GUST 19 97 �s ; \ ,1 �i �`.... A.::.... Kevin L.Lybeck,Secretary ,1 ,1�1 -_-, 1 �;'tip«. ♦� z;r � {%:; CB1C • 1213 Valley Street•P. Box 9271 •Seattle,WA 98109-0271 (206) 622-7053 (800) 765-CBIC (National) • (206) 382-9623 FAX f�y, \ice i11 PoaLPOA.02-US031296 1,;' �x.,. "•e-j2•''--` vD -y '.rs,. NOBEST INCO'RPORATED� , 10 RECEIVED ,3,xa i WESTMINSTER, Ci4 92684i r9 , CITY CLERK +.-iri'' i1` rw ;'pia ti .is c S th'�_t�' §.Ga) } •, A CITY OF - �.�x: .. HUNTINGTON �EArff:CALIF.' SEP 3 ' i sz Pik '97 7-ffL� Cli O� �T�.c1T�.t-��i�� /�`b t/� ��i�r��iT�•� �/ �� D ( 3h A ❑ FIREMAN'S FUND INSURANCE COMPANY El THE AMERICAN INSURANCE COMPANY ❑ NATIONAL SURETY CORPORATION BID. OR PROPOSAL BOND FVEMANS FUND ❑ASSOCIATED INDEMNITY CORPORATION D5URA=C0>w[FI X=XQ AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That We, DAMON CONST. CO. (hereinafter called the principal),as principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY a corporation organ- ized and doing business under and by virtue of the laws of the State of Missouri and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the iaws of.the State of California. as Surety,are held and firmly bound unto City of Huntington. Beach, California (hereinafter called the Obligee) in the just and full sum of Ten Percent (10%) Of Total Amount of Bid ---------------------------- Dollars ($ -107 ) Iawful moneyof the United States of.America, for the y to be payment o{ which, well and truly made, we,hereby,bind-.ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS .SUCH THAT, WHEREAS, 4he. above bounden principal .as aforesaid,. is-about_ to. hand in and submit to the obligee a bid or proposal for the Bus Stop Accessibility Project City Wide -. Cash Contract No. 1053 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.. NOW,THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and.said principal shall enter into a contract and bond for the. completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this. 27th day of August , 19 97 BID DATE: 9-3-97 DAMON CONST. CO. By AMERICAN AUTOMOBILE INSURANCE COMPANY B J hn P. Brooks Attorney-in-Fact 360277--4-61 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 27, 1997 before me, Carol G. Grasso, Notary Public , Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") personally appeared John P Brooks r Name(s)of Signer(s) impersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CAROL G.GRASSO WITNESS my hand and official seal. COWA#1GA236S Z •�� Not/a�pry pubic—CaRfa b MY to i .EVk OCrCOU 2 . A Comm.�b8d OCT 21,1998 Signature 64otary P i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: O 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • GENERAL OF ATTORNEY EY AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN AUTOMOBILE INSURANCE COMPANY,a Corporation duty organized and existing under the laws of the State of Missouri,and having its principal office in the County of Marin.State of California,has made,constituted and appointed,and does by these presents make,constitute and appoint --- JOHN P . BROOKS --- PASADENA CA its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds.undertaking,recognizances or other written obligations in the nature thereof ------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorncy(s)-in-Fact may do in the premises. Tbis power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full fora and effect. "Ardde VII.Appointment mad Authority of Resldeat Secretaries,Afrorney in-Fad sad Agents to accept Legal Process and Make Appemnecs. Secdon 45.Appointment.The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fad to represent and ad for and on behalf of the Corporation and Agents to accept legal process and make appearaacts for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-In-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not beeti amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any .power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF,AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 9 n d day of A i i g i i sr 19 94 AMERICAN AUTOMOBILE INSURANCE COMPANY 0001, r . ` ti EA L By vice-President STATE OF CALIFORNIA ss. - COUNTY OF MARIN August u 4 22nd Au M. A. Mallonee On this day of g 19 9 ,before me personally came to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY,the Corporation described in and which executed the above instmment;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. OFFICIAL NOTARY SEAL A.KRIEGER -o Notary Public—Californiaa nia Notary Pvbtic i. MARIN COUNTY My Comm.Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporatica,and the Resolution of the Board of Directors;set forth in the Power of Attorney,arc now in force. Signed and scaled at the County ui M—rin.Dated the 27 day of August 19 9 e. r•rt � f Resident Assistant Seemary d SECTION C PROPOSAL for the BUS STOP ACCESSIBILITY PROJECT CITY WIDE CASH CONTRACT No. 1053 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. ` BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that tlie estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 • T OROJECT BID SCHEDULE . Item. ;;sttmate... tem wrt unit price xten e No. ........ tiy vti+ritten in words Unit Price Amount 1 1 Mobilization �^ o LS @ D oUS OWd f /' 4e �tA/ZY Dollars $,�Spo M $ .Z,SAD Cents Per LS 2 1 Traffic Control �Jj �1 LS @ Die 11,011s1/tW All',!/G //!/2AIJDollars $ .�a $ nA Cents Per LS 3 5000 Construct Sidewalk Per Std.Plan 207 p SF @ �i'e G Dollars $ 3 46 $ �8��d`° 51,1'7y` r✓e Cents Per SF 4 25 Construct Wheel Chair Ramp Per Std.Plan 212 sheet 2 of 3 �� cep � Each @ IV/Ae I//1d1"•-e-f( Dollars $ A00 $ Cents Per Each 5 500 Grind Gutter Lip at Existing Wheel Chair Ramp o_o L.F. @ Dollars $ l $ � 40 Cents Per L.F. 6 20 Relocate OCTA Sign ,a/ �► Each @ �1N0y��r Dollars $ .200 $ 7, Qd `4 Cents Per Each 7 20 Adjust Pull Box to Grade Each @_ 1627 Dollars $ $ Cents Per Each 8 a. @ Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ sus SSD .....of Amount 1 In Words: i' .. i vim.. L,�;.t-&A.... t V� ....................................................................... �.. ray.. ...... .. .............................. C-1s If awarded the Contract, the undersigned agrees that in the event of Pe BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find►o%j%4dsAin the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to. the AGENCY. (Please insert the words "Cash' ."Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No Date Received Btdder`s Signature I - C-2 • , T r LIST OF SUBCONTRACTORS 'In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. i Portran dame and Address of,S'ubcantractor State License Class of Work Number f By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of MAr'r-ARET P•NN R%JLL.0 , being first duly sworn, deposes and says that he or she is tom' GS1 ewr- of 3)Ary►o►.1 CoatST. CM, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,-and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership; company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. DRM45W CZ*Jsr. CQ , Name of Bidder Sign to f Bidder 7:0S►De1JT 4SS G C.&S. 00 PLAZA ZRJ UN%t-1r °Gh RSb N, Cat. q o-I 4K Address of Bidder Subscribed and sworn to before me this day of , 199 7 . ft THELMA BARILLAS ;r- COM M. #1055420 T NOTARY PUBLIC•CALIFORNIA In ? � r LOS ANGELES COUNTY J My Comm.Expires Apr.25,1999 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BUS STOP ACCESSIBILITY PROJECT, (I)(we)(it) will employ•and utilize only qualified persons, as hereinafter defined, =to :work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary, to assure compliance by any said , . subcontractor or subcontractors with the requirements contained herein. AAAC> 3 GoNST C©• Contractor By Title Date: C-5 DISQUALIFICATION QUESTIONNAI In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? , ❑ Yes P(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. . ��N coNs'�'. CSC • . Contractor By Title Date: -I-•�� i 7 C-7 7 UNDERGROUND ER S VICE ALER1* IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: AT Z"ft tS TI YVAE. Contractor W t t_L-- O B7-A t tJ 4 t� Jof3 Aw�2oE� Td U S. BY Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.SA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �PtIM ON �c�t SZ: C-O . Bidder Name 4 S7a CA(Z.soQ tTL_^7 N 't�R.. , u W t-t-F Business Address CARSoN 0-7 44- City, State Zip ( 310) 32-4--7 141 Telephone Number 2Sd5$8 A State Contractor's License No. and Class Original Date Issued 4-3d-9 z Expiration Date The work site was inspected by RN WM f our office on %=2g , 1997. The following are persons, firms, and corporations having a principal interest in this proposal: QALI FOW I L°oepoRK 1 c ►,w 1 fYiARLsAC4-.t r- At-^j i uu-.C:) ►��IJT' C-9 The undersigned is prepared to the Council of the City of Huntin on Beach of its ability, g P P Y Y � Y, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. �AIM,C��1 C�tJST C� Company Name t DE% Signature of Bidder KA RGA RzT' A W W RRV UL_0 Printed or Typed Signature Subscribed and sworn to before me this day ofA 1991. r ,N THELMA QA;1fLLAS a: = *.. COMM. #1055420 a. %,�"' NOTARY PUBLIC•CALIFORNIA r' LOS ANGELES COUNTY My Comm.Expires Apr.25, 1999 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SE SEA Pt"rt'�A�.t-EE D f�R.OJ�'� 'R��-C—�ICE Lt,ST Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 DAMON CONST. CO. PROJECT REFERENCES PUBLIC AGENCIES City of Burbank David King (818) 238-5466 City of Santa Monica Timothy Joyce ( 310) 458-8733 City of Los Angeles Ed Anamizu (213) 580-5010 City of Long Beach Robert Hendler ( 562 ) 570-6255 CRA - Los Angeles Jerry Gross ( 213) 977-1610 Z-: L..A. County (MTA) Michael Escalle ( 213) 244-6123 City of Torrance Henry Completo ( 310) 618-2834 E. L. Yeager Douglas Aadland (909 ) 684-5360 Clarke Contracting Mike Clarke ( 310) 542-7724 PRIVATE FIRMS S . J. Amoroso Kim Cowdery (714) 852-2363 Continental Const. Norm Charles (310) 640-1520 Roy Allan Slurry Lyle Stone ( 562 ) 864-3363 All American Asphalt Robert Bradley ( 909 ) 736-7600 Kenai Construction Steven Culbertson (619 ) 689-8808 Gansek Construction Alex Semnani (818) 592-6588 MCE Corporation Bob Salisbury ( 510) 803-4111 Obayashi Corp. Randy Lingwall (818) 769-9558 P R O J E C T S CONTRACT COMPLETION CONTRACTOR/AGENCY DESCRIPTION AMOUNT DATE C/0 Santa Monica Street Resurf. 774 . 818 7-94 CRA-Los Angeles Doolittle ( 501394) 502, 776 9-94 Caltrans 07-113224 1,469 .858 12-94 C/0 Los Angeles Spring St. 4,000,000 8-95 CRA-Los Angeles Hollywood Redev. 501311 4,444 ,000 8-95 C/0 Santa Monica 94-95 Street Imprv. 2, 471 . 792 1-96 C/0 Pico Rivera Olympic Blvd. 344, 751 2-96 L.A. County (MTA) Metro Red. Line C0180 538.800 3-96 All Am. Asphalt St. Impr.v. . Long Beach 132 .000 5-97 C/0 Los Angeles AIR West L.A. District 157 .000 5-97 C/O Long Beach Imprv. Major Streets 612 ,000 4-97 L.A. County Bellflower Blvd. 515,000 3-97 CIO Torrance Const. of Curb & Gutter 1 , 257 ,000 In Prog. C/0 Burbank Sidewalk & Ped Ramp 800,000 is C/O Santa Monica 1996-97 Street Imprv. 2, 899 .851 is Roy Allan Slurry Pasadena 1997 St. Impr. 168, 239 " S . J. Amoroso Raym.Villa Interm.School 133. 765 ** E.L. Yeager HOV Lanes ( 15-040804 ) 347 .820 ** Clarke Contr. Marina del Rey Seawall 351 .000 "* ** - Starting Date Not Scheduled Yet DAMON GON7 . ,,CAM46 PHONEs(S10}�Z4T11 FAX (910�3243589 :STATE OONTHA�TORS.LlC:�280S88N' v7wPPOPXIAEq�iE� y La..OE - . E cco ramll t o53. r huaiorwIun ochl:n.i,ailF.' MYMiu, 3 1217 PH '91 4F l Ice of eM" a�p0o MAIN Rutinwisivo % CA•gv&4$