HomeMy WebLinkAboutElite Bobcat Service, Inc. - 2003-02-03of - � • ��i ,•
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: Robert A. Martinez
DATE: December 30, 2002
SUBJECT: Retention Release Payment
Company Name: Elite Bobcat Service
Address: 1320 E. Sixth Street, Suite 100
City, State and Zip Code: Corona, CA 92879-1700
Phone Number: (909) 279-6869
Business License Number: A 207722 Exp. 6/04
Local Address: Same as above
Notice of Completion Date:
Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1142
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are o
l0 0 0 3 �rr
ate 1
I certify that there are no outstanding invoices on file.
j -
�-C)
Date ari
idenrich, City Treasurer
I certify that no stop notices are on file on the subject contract, and that a guaranty bond
has been filed with this office.
Date Connie Brockway, City Cler
Reten. Release.doc 12/30/2003 10:17 AM
a
Martinez, Robert
;r r d
From: Jimenez, Maria [MJimenez@semprautilities
Sent: Wednesday, July 07, 2004 1:45 PM
To: rmartinez@surfcity-hb.org
Subject: Claim #141863
Hello Robert,
The amount of $423.35 has been paid in full as of March 26, 2004 for claim #141863.
Thank you,
Maria Jimenez
Claims Associate
213-244-5124
Gt14A3
Page 1 of 1
7/7/2004
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The
Gas
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A SernpTa Enelrgyt uv;ty
EB5 INC
a[B ENG
PAGE 02/02
PAGE 02/02
IL
Southern ,
Gas COM"ny j
PO Box 60980 /
LOS Anga[01.CA 900613-0980 /
February 11, 2004
City of Huntington Beach
Attn,, City Clerk
2004 Main St C(DPY
Huntington Beach, CA 92548
RE. Our File Number: 141863
Repair Cost' $423.35
On 0914812003, your contractor, Z.B.S. Inc, damaged the gas facilities located at 7922
Lfberty Arne, Hunt;ngton, Beach,
dur-fnvoiee for the 'co'st of repairing this d�rrtage was 'm"' alle'd to E.B.S. Inc
02/ However, if they fail to pay this billing, this letter should be our notice to you
that we will Took to the City of Huntington Beach, for reimbursement of this expense.
If notificatlon other than this letter Is necessary to satisfy the statute of lir�titien-
requirement under Govt, God 810, please send me the necessary f s in the enclosed,
envelope, If you have any questions, please contact.Mana;,Ame t'at-213,244-61124:,
Thank you,
Maria Ji :C1;3rrn 'ate
Y
Co; E.B.S. Inc •�'
Ad
MeZ_ Z,-'
`il
CC- >4;:�,
007/05/2004 11:08 909279 ? EBS INC PAGE 01/02
ELITE BOBCAT SERVICE, INC.
1320 E. SIXTH ST. SUITE # 100
CORONA, CA. 92879
TEL_(909) 279-6869 PAX (909) 279--6832
a s
FACSIMILE TRANSMITTAL SHEET
TO FROM:
N ti i KathY Faimw ther
FAXTE ///J) (, TOTAL NO. OF PAGES INCLUDING COVER:
RE: PHONE NtMER
❑ URGENT ❑ FOR )�tVIEW ❑ PLEASE C.OMNIENT ❑ PLEASE REPLY 0 PLEASE RECYCLE
N'OTEVOGMMI'sNTS,
im
CITY OF HUNTINGTON BEACH
Department of Public Works
Construction Division
Mr. Dave Reynolds
Company: Elite Bobcat Service, Inc.
Phone:
(909) 279-6869
Fax:
(909) 279-6832
From:
Robert A. Martinez
Company:
City of Huntington B ach
Phone:
(714) 536-5423
Fax:
(714) 374-1573
E-Mail:
rmartinez@surfcity-hb.cra
Subject: Proof of payment
Date: June 24, 2004
Pages: Two (2)
Comments: Dave,
Please forward proof of payment to the Gas Company in the amount of $423.35
for damage at 7922 Liberty Avenue. Attached is a copy of the letter sent to the
City Clerks office dated February 11, 2004.
Cc: Joe Dale, Contract Administrator
Jeff Gibbons, P.W. Inspector
amity Clerks office
File
G AENG\MARTI N EZ\CC-1142\MEMO
The
Gas
Company,
A *,� Sempra Energy' utflity
City of Huntington Beach
Attn: City Clerk
2000 Main St
Huntington Beach, CA 92648
Southern Gallfornia
Gas Company
PO Box 60980
{ Las Angeles, CA 90060.0980
February 11, 2004
COP
RE: Our File Number: 141863
Repair Cost: $423.35
Cv ..sD
On 0910812003, your contractor, E.B.S. Inc, damaged the gas facilities located at 7922
Liberty.Ave, Huntington. Beach.
Our invoice for the cost of repairing this damage was mailed to E.B.S. Inc
02/06/04. However, if they fail to pay this billing, this letter should be our notice to you
that we will look to the City of Huntington Beach, for reimbursement of this expense.
If notification other than this letter is necessary to satisfy the statute of limitation
requirement under Govt. Cod 810, please send me the necessary forms in the enclosed
envelope. If you have any questions, please contact Maria Jimenez at 213=244-51`24.
Thank you,
�ifA 1
Maria Jim zlClaims*late
C
Cc: E.B.S. Inc C
TRANSMISSION VERIFICATION REPORT
TIME
06/25/2004 12:36
NAME
CHB ENG
FAX
7143741573
TEL
7145365431
SER.#
xxxxxxxxxxxx
DATEJIME 06/25 12:35
FAX NO./NAME 919092796832
DURATION �9 • �3
PAGES) s'`02
RESULT OK
MODE �/ STANDARD
ECM
Fa
CITY OF UNTIN TON BEACH
Department of Public Works
Construction, Division
To: Mr. Dave Reynolds
Company: Elite Bobcat Service, Inc.
Phone:
(909) 279-6869
Fax:
(909) 279-6832
From:
Robert A. Martinez
lBach
Company:
City of Huntington
Phone:
(714) 536-5423
Fax:
(714) 374-1573
E-Mail:
rrnartinez@surfcity-hb.org
Subject: Proof of payment
Date: .dune 24, 2004
Pages: Two (2)
Comments: Dove,
Please forward proof of payment to the Gas Company in the amount of $423.35
for damage at 7922 Liberty Avenue. Attached is a copy of the letter sent to the
City Clerks office dated February 11, 2004,
The
Gas
Company®
A Sempra Energy utility
City of Huntington Beach
Attn: City Clerk
2000 Main St
Huntington Beach, CA 92648
f �
Southern�51orn!a
Gas Company
% PO Box 60980
/\ Los Angeles, CA 90060-0980
y�
February 11, 2004
RE: Our File Number: 141863
Repair Cost: $423.35
On 0910812003, your contractor, E.B.S. Inc, damaged the gas facilities located at 7922
Liberty Ave, Huntington Beach.
Our invoice for the cost of repairing this damage was mailed to E.B.S. Inc
02106104. However, if they fail to pay this billing, this letter should be our notice to you
that we will look to the City of Huntington Beach, for reimbursement of this expense.
If notification other than this letter is necessary to satisfy the statute of limitation
requirement under Govt. Cod 810, please send me the necessary forms in the enclosed
envelope. If you have any questions, please contact Maria Jimenez at 213-244-5124.
Thank you,
Maria Jim
z%Claims iate
Cc: E.B.S. Inc
G
c,e-- >ze) �.
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Recorded in Official Records, Co
AND WHEN RECORDED MAIL TO: Tom Daly, Clerk -Recorder unty of Orange
WHEN RECORDED MAIL TO: I111!IIIIIIIIhI!IIIIIIIIIIIIIi!IIIIII!II!Iillll!II!I(181111111111IN0 FEE
Q
CITY OF HUNTINGTON BEACH 2�VJ��1��07 02.2 Attn: Robert A. Martinez 123 79 N12 , pm 12/09/03
P.O. Box 190 — 2000 Main St. 0.00 0,00 O,pp 0.00 0.00 0.00 p pp 0.00
Huntington Beach, CA 92648
THIS SPACE FOR -RECORDER'S USE ONLY
TITLE OF DOCUMENT: NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street; Huntington Beach, CA
92648, that the contract heretofore awarded to Elite Bobcat Service who was the company thereon for doing the following
work to -wit:
`SPEER_AVEIi _ ___D LIBERTY `AVENUE IMPROVEMNTS,(CC-11--
That said work was completed October 17, 2003 by said company according to plans and specifications and to the
satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public
Works on October 17, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002.
That upon said contract Developers Surety and Indemnity 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 nder Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this November 18, 200
Director of Public Works or City Engineer
ineer
City of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange ) ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF
COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my
knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly
and regularly ordered to be recorded in the Office of the County Recorder of Orange County.
Dated at Huntington Beach, California, this November 18, 2
ector lility
of of Works or It Engineer
of Huntington Beach, California
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
00-.059-TITLE PAGE (R7/95)
[F.MQ31NC.
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
December 4, 2003
Mr. Robert Martinez
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, Ca 92648
1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 9 OFFICE: (909) 279-6869 • FAX: (909) 279-6832
M[BQ31NC
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
DECLARATION OF SATISFACTION OF CLAIMS
I, Elite Bobcat Service inq _ , state:
Joseph A. Nanci-President/- .
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 -:�,enx .�,t�- Ir�s,r'ie4iti1
and dated Q Q ? C.CrSk i s PILO,
2. All workers and persons employed, all firms supplying materials, and all subcontractors for the
above -mentioned project have been paid in full.
3._ The following are either disputed claims, or items in connection with Notices to Withhold
which have been filed under the provisions of the statutes of the State of California: (if none,
state `NONE")
I declare under penalty of perjury that the foregoing is true and correct.
Executed at on this �_ day of¢c x?r,r,
(Signature of Contractor)
r l
rg
g:c6ca-shcon2
1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 • OFFICE: (909) 279-6869 • FAX: (909) 279-6832
M Q3 INC "
ELITE
BOBCAT SERVICE
GENERAL ENGINEERING
City of Huhtington 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
prwiAue. akyi
Project No. Tiile
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.
Signalture arid Title, Joseph A. Nanti-PresidenVOSI-ec.
s:cc cuhcon I
1320 E. SIXTH ST., SUITE 100 r-r-
-CORONA, CA 487 �F FICE: (909) 279-6869 • FAX: (909) 279-6832
M Q3 INC.
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
December 4, 2003
Mr. Robert Martinez
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, Ca 92648
=id933
600. sa E L
Project: Speer and Liberty Improvements
Re: Requested Submittals for Approval l v�
Mr. Martinez,
Please find attached, per your request, the following submittals, for approval, in order for final acceptance:
1. Maintenance Bond for 100% (in two counterparts)
2. Certification of Compliance
3. Declaration of Satisfaction of Claims
I hope this meets with your approval. Please contact me at your earliest convenience if there is any further
information you need. Thank You -
Sincerely,
S Shaw
EBS, Inc.
Attachments
1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 • OFFICE: (909) 279-6869 9 FAX: (909) 279-6832
IF. 113 Q31 NC.
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
DECLARATION OF SATISFACTION OF CLAIMS
i, Elite Bobcat Service, inc state:
Joseph A. Nanci-President;Sc .
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 ���c'n(A '4r&-n , fvul� i
and dated �� cc s&k ��L[�L1; � I `4 �-
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 tiled under the pro-6sions 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 n _ c� on this �_ day of L.�.�2C..R ►�-, � o1Cj 3
(Signature of Contractor)
gxckashcon2
1320 E. SIXTH ST., SUITE 100 - CORONA, CA 92879-1700 - OFFICE: (909)'=27J99-`6�8.i(699,, - FAX: (909) 279-6832
�\ 1(..- k•\gin r��-.• • ... 7.. _..3
f
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title V11 of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
Ca►10
Project No. Title jrrprte �'S
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 Iess 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.
Signature and Title Joseph A. Hanci-Presiden
I= cuhconI
=' � � . PZO"
1320 E. SIXTH ST., SUITE 100 • CORONA, CaY48• OFFICE: (909) 279-6869 • FAX: (909) 279-6832
CJ
RECEIVED BY: CITY CLERK RECEIPT COPY
'�» Return DUPLICATE to
.�1 \M �, o 0 f� /1 City Clerk's Office
(Name) _ V after signing/dating
(Date)
H
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
B
TO: l ,SShhari Freidenrich, City Treasurer /d
FROM: �f7 �i9�Li�!�\,P,'e,, e,,
DATE: / -- /.5 D
SUBJECT: Bond Acceptance
I have received the bonds for Z-1, LITE- ,66?4- /
(Company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No. �2L,6
0
Re: Tract No.
CC No.
MSC No.
Approved 1-7 Agenda Item No.
(Council Approval Date)
City Clerk Vault No.
#27 g:lfollowup/bondletterAoc
RECEIVED BY:
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: ` Shari Freidenrich, City Treasurer /d
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
(Company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved 12 Cj Agenda Item No.
(Council Approval Date)
City Clerk Vault No. �L-
�i�93.�
#27 g:/followup/bondletfer doc
EXECUTED IN TWO COUNTERPARTS
f�
GREAT ERICAN.
INSURANCE COMPANIES
MAINTENANCE BOND
Bond No. 5443766
PREMIUM: INCLUDED IN
PERFORMANCE BOND,
KNOW ALL MEN BY THESE PRESENTS, That we, Elite Bobcat Services, Inc.
as Principal,
and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of
Ohio and duly authorized to transact business in the State of California
as Surety, are held and firmly bound unto city of Huntington Beach
as Obligee, in the sum of
Three hundred ten thousand one hundred eighty-seven & 76/100 ($310,187.76) DOLLARS,
for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 2nd
day of December
,2003
WHEREAS the Principal and the Obligee have entered into a written agreement dated the 21st
day of April 12003 , for Improvements to Speer Ave. and Liberty -
Ave. Westerly of Beach Boulevard, Cash Contract No. 1142
the terms of which agreement were completed and accepted the 25th day of. November
-- _ 2003 ; and
WHEREAS the Principal has given a one (1)
or otherwise against defective materials and workmanship.
year maintenance guarantee under said agreement
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply
with such guarantee, then this obligation to be void; otherwise it shall remain in full force.
PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein; and
PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give
written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative
Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the one (1) year
year maintenance period.
Elite Bobcat Services, Inc.
Principal Countersigned: Jd5oph A. Nand-Presideny-1w- .
GREAT N SURANC O ANY
By: By:
Resident Agent tt ey-in-Fact
Charles L. Flake
APPROVED AS TO FORM
NIFER McGRATH, City Ate
F.96070 (3100)
Sarah Sutton
uty City Attomey
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On 12/04/03 before me, Sarah D. Shaw — Notary Public personally appeared
Joseph A. Nanci personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that be his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
i 4ture of Notary Pub
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.
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES 1 DATE OF DOCUMENT 12/02/03
CAPACITY CLAIMED BY SIGNER
n INDIVIDUAL CORPORATE OFFICER President / Secretary
0 n TITLE(s)
1-1 PARTNER(S) ATTORNEY-iN-FACT TRUSTEE(S)
❑ OTHER:
SIGNER IS REPRESENTING: Elite Bobcat Service, Inc.
-A,
fE OF PERSON(S) OR ENTITY(S)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State Of California
County of Orange
On 12-02-03 before me, Lexie Sherwood - Notary Public
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY
PUBLIC'
personally appeared Charles L. Flake
NAME(S) OF SIGNER(S) I
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
LEXIESHERWOOD? or the entity upon behalf of which the
COMA/L # 1311304
- NOTARY PUBLIC-CALIFORNIAO person(s) acted, executed the instrument.
ORANGE COUNTY 0
U
COMM. EXP. JULY 27, 2005 -•
WITNESS my hand and official seal.
SIGIIATURIff 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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑X ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
DAME OF PERSON(S) OR ENTITYIIES)
Great American Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
One (1)
NUMBER OF PAGES
12-02-03
DATE OF DOCUMENT
N/A
SIGNER(S) OTHER THAN NAMED ABOVE
S 959D (4,y4)
GIMANERICAN INSURANa G®MPANi('
580 WALNUT STREET • CINCINNATI, OHIO 45202. 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
SIX I POWER OF ATTORNEY
No. 0 14046
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL
CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED
RICHARD A. COON LEXIE SHERWOOD CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to besigned and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 19th I Iday. of June, 2001 , before me personally appeared DOUGLAS R: BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati; Ohio, that he is the. Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them. be
and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfof the Company, as surety, anvandal]
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof -to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 2ND day of DECEMBER 1 2003
TERRORISM COVERAGE RIDER
NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 5443766 , effective 12/02/2003
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance. Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
CITY OF . duNTINGTON BEACH RLS No
REQUEST FOR LEGAL, SERVICES Assn To
Gail Hutton, City Attorney Date �' D
Date: Request made by: Telephone: Department:
12/12/03 Robert A. Martinez X-5423 Public Works
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
ftbu1
❑
❑
Ordinance 0 Opinion
Resolution ❑ Lease
❑
®
Stop Notice
Bond DEC 1 5 200.E
❑
❑
Meeting ❑ Contract/Agreement
Court Appearance ❑ Insurance
❑
❑
Deed City
Other. City Piumei ,,,00seav�r
�+!� ��dS'Ti�o1 c ffir �,
Is Request for Preparation of Contract form attached?
❑ Yes
® No
Are exhibits attached?
® Yes
❑ No
If for City Council action,
Agenda Deadline
Council Meeting
If not for Council action,
desired completion date:
Attached are the following:
1. Maintenance Bond, # 5443766, two sets
2. Certification Of Compliance
3. Declaration of Satisfaction of Claims
Unless oth ise specified herein, I
consent the disclosure of the
inform o co aim this RLS to all
mem r of Citouncil.
gnatuire §Department Head
Shaded areas for City Attorney's Office use only.
RI G fnr AAnin Rnnri rinc 19/19/gnnA 9-9.1 PM
12 113 Q31NC.
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
December 4, 2003
Mr. Robert Martinez
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, Ca 92648
Project: Speer and Liberty Improvements
Re: Requested Submittals for Approval
Mr. Martinez,
Please find attached, per your request, the following submittals, for approval, in order for final acceptance:
1. Maintenance Bond for 100% (in two counterparts)
2. Certification of Compliance
3. Declaration of Satisfaction of Claims
I hope this meets with your approval. Please contact me at your earliest convenience if there is any further
information you need. Thank You.
Sincerely,
Sar Shaw
EBS, Inc.
Attachments
1320 E. SIXTH ST., SUITE 100 CORONA, CA 92879-1700 ^ OFFICE: (909) 279-6869 m FAX: (909) 279-6832
EXECUTED IN TWO COUNTERPARTS
'+1..BREATAm RIC lei
INSURANCE COMPANIES
MAINTENANCE BOND
Bond No. 5443766
PREMIUM: INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Elite Bobcat Services, Inc.
as Principal,
and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of
Ohio and duly authorized to transact business in the State of California
as Surety, are held and firmly bound unto City of Huntington Beach
as Obligee, in the sum of
Three hundred ten thousand one hundred eighty-seven & 76/100 ($310,187.76) DOLLARS,
for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 2nd
day of December
,2003
WHEREAS the Principal and the Obligee have entered into a written agreement dated the 21st
day of April 2003 , for Improvements to Speer Ave. and Liberty
Ave. Westerly of Beach Boulevard, Cash Contract No. 1142
the terms of which agreement were completed and accepted the 25th day of November
2003 ;and
WHEREAS the Principal has given a one (1) year maintenance guarantee under said agreement
or otherwise against defective materials and workmanship.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply
with such guarantee, then this obligation to be void; otherwise it shall remain in full force.
PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein; and
PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give
written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative
Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the one (1) year
year maintenance period.
Countersigned:
M
Resident Agent
F.9607D (3/00) C 0 "'.1 ?] a,
Elite Bobcat Services, Inc.
Principal J-duph A. Nancc-Presldeny
GREATT
SURANC O ANY
By: ( )-
tt ey-in-Fact
Charles L. Flake
Oil
STATE OF CALIFORNIA
f
COUNTY OF RIVERSIDE
On 12/04/03 before me, Sarah D. Shaw — Notary Public personally appeared
Joseph A. Nanci personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
ignature of Notary Pub
Though the data below is not required by lacy, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES 1 DATE OF DOCUMENT 12/02/03
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL, CORPORATE OFFICER President / Secretary
TITLE(S)
1-1 PARTNER(S) 7 ATTORNEY -IN -FACT TRUSTEES)
we M11
SIGNER IS REPRESENTING: Elite Bobcat Service, Inc.
NAME OF PERSON(S) OR ENTITY(S)
y v ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of or
On 12-02-03 before me, Lexie Sherwood - Notary Public
DATE NAME, TITLE OF OFFICER- E.G., -JANE DOE, NOTARY
PUBLIC'
personally appeared
Charles L. Flake
® personally known to me - OR - ❑
�. , I.EXIE SHERWOOD,
COWA # 1311304
g NOTARY PUBLIC-CALIFORNIAG)
ORANGE COUNTY O
COMM. EXP. JULY 27, 2005 -
NAME(S) OF SIGNER(S)
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
i4_:�SI ATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
®
ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Great American Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
one (1)
NUMBER OF PAGES
12-02-03
DATE OF DOCUMENT
N/A
SIGNER(S) OTHER THAN NAMED ABOVE
S 959D (4/94)
580 WALNUT STREET • CINCINNATI, OHIO 45202 a 513-369-5000 a FAX 513-723-2740
The number of persons authorized by
this powerofattorney is not more than
SIX POWER OF ATTORNEY
No. 0 14046
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation' organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL
CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED
RICHARD A. COON LEXIE SHERWOOD CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 19th day of June, 2001. before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be
and hereby is authorized, from time.to time, to appoint one ormore Attomeys-In-Fact to execute, on behalfof the Company, as surety, an v and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused beinghereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C: HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 2ND day of DECEMBER t 2003
TERRORISM COVERAGE RIDER
NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 200.2 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 5443766 , effective 12/02/2003
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified.under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
a
t
Cit}• of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA ,9264g
M Q3 INC..
ELITE BOBCAT SEFd1/ICE
GENERAL ENGINEERING
Subject: Certification of Compliance with Title VII athe 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, train ecs, 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.
Sign`ture grid Title Joseph A. Hand-P. esideTwe
g:cc cashcont
U.'1 i,
1320 E. SIXTH ST., SUITE 100 CORONA, Ca sk87 - 00 OFFICE: (909) 279-6869 a FAX: (909) 279 6832
IF. M � INC.
ELITE BOBCAT SERVICE
GENERAL ENGINEERING
DECLARATION OF SATISFACTION OF CLAIMS
I, Elite Bobcat ServiceJ aa , state:
088 h A. Nanci-PresidentAI .
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 -�ta L_ Aw = '�r' trv_Vd 44411)�
and dated � L ' . t• '
2. All Nvorkers 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,
fh wch have been filed urider 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 Vi ' on this day of Y6A�. 4•
(Signature of Contractor)
g:c6cashcon2
1320 E. SIXTH ST., SUITE 100 o CORONA, CA 92879-1700 ® OFFICE: (909)12\7�9-`68"699 o FAX: (909) 279-6832
Company Profile
Page 1 of 2
580 WALNUT STREET
CINCINNATI, OH 45202
800-972-3008
4 n-I
cal" "'a
Dep ment of
Inwldnce
Former Dames for Company
Old Name: AGRICULTURAL INSURANCE COMPANY Effective Date: 12-04-2000
Old Name: AMERICAN EMPIRE INSURANCE COMPANY OF Effective Date: 08-11-1972
SOUTH DAKOTA
Old Name: QUEEN CITY INSURANCE COMPANY Effective Date: 06-23-1960
Agent for Service of Process
JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND
FLOOR LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
26344
NAIC Group #:
0084
California Company ID #:
1472-0
Date authorized in California:
March 01, 1955
License Status:
UNLIMITED -NORMAL
Company Type:
Property & Casualty
State of Domicile:
OHIO
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms, please refer to the glossar .
AUTOMOBILE
BOILER AND MACHINERY
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp... 12/18/2003
-Company Profile Page 2 of 2
BURGLARY
COMMON CARRIER LIABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
R . Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
Want More?
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Financial Rating Organizations
Last Revised - October 16, 2003 01:24 PM
Copyright O California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p... 12/18/2003
�2 ) — 0� , 66�*rt cy
CITY OF HUNTINGTON BE)
MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-080
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
�-
`bCity Clef 's S_ natur
Council Meeting Date: December 15, 2003
Department ID Number: PW 03-080
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS'
SUBMITTED BY: RAY SILVER, City Administrator ' -
-r.
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work ( rya
SUBJECT: APPROVE ADDITIONAL FUNDS FOR STREET REHABILITATIO'14 W&K,
CC1142
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: A contract change order in excess of the currently authorized amount
is required to complete the street rehabilitation project on Speer and Liberty Streets.
Funding Source: Funds in the amount of $40,000 are available in Measure M, Minor Street
Improvements, Account No. 21390006.82300.
Recommended Action: Motion to:
Authorize an additional $40,000 to cover the additional change orders for Speer and Liberty
Streets Rehabilitation Project; CC-1142.
Alternative Action(s): Deny approval of the recommended action.
Analysis: The project, which includes rehabilitation and widening of the two streets, was
awarded for a total of $249,580. It has been determined that the actual quantities to be
installed by the contractor will exceed the bid item quantities specified in the proposal and
drawings. The approved -for -construction drawings, produced by the design consultant, do
not reflect actual conditions encountered on areas to be widened and site requirements
necessary to successfully complete the street improvements and restore the sites for
adjacent residents. The overages are mainly for: asphalt removal, street grinding, concrete
saw cut and removals including removal and replacement of adjacent residents' walls, trees
and fences which interfered with the construction.
G:\R C A\2003\03-080 Dec 15 Dale (Add'I St Rehab Funds for 1142).doc
12/1/2003 2:36 PM
1�_-- Va
REQUEST FOR ACTION
MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-080
This change order would complete the rehabilitation of Speer and Liberty Streets and also
limit the disruption to the residents.
The anticipated change will exceed the approved change order amount where an additional
$40,000 will be required to complete the project. Per Resolution No. 6056, City Council
authorization is required to expend funds in excess of ten percent of the contract amount.
Public Works Commission Review: The Public Works Commission reviewed and
recommended the action on November 19, 2003, with a vote of 6-0-1.
Environmental Status: The project has been determined to be Categorically Exempt
pursuant to the California Environmental quality Act, Section 1530(c).
Attachment(s):
RCA Author: JDJrn
G:\R C A\2003\03-080 Dec 15 Dale (Add'I St Rehab Funds for 1142).doc
12/1/2003 8:59 AM
�1
PROJECT:
Street Improvements to
CITY OF HUNTINGTON BEACH
� DEPARTMENT OF PUBLIC WORKS
LOCATION MAID
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
APPROVE ADDITIONAL FUNDS FOR STREET
REHABILITATION WORK, CC-1142
COUNCIL MEETING DATE:
December 15, 2003
4 .;RCA ATTACH"QVTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attome
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
ma mo, xxem:173 M 17' 1 M"Til Ma
I - I
�EXPLAN FOR, RETURN
RCA Author: Joe Dale:
s.. a
9::Nui r:
PROOF OF PUBLICATION
STATE OF CALIFORNIA) . .
SS.
County of Orange )
I am a Citizen of the United States and a
SECTION �i of the ^surety and shall
NOTICE receive any interest
resident of the County aforesaid; I am
`1
INVITING SEALED BIDSI thereon.,
eonAGENCY hereby
the IMPROVEMENT TO i' affirmatively ensures
over the age of eighteen years and not a
SPEERAVENUEANDLIBERTYient minority business
will he
party to or interested in the below
,enterprises
-
AVENUE WESTERLY OF. -afforded full opportunity
entitled matter. I am a principal clerk of
to submit, bids in: re -
BEACH BOULEVARD, CASH 1 sponse to - this notice
CONTRACT No. 1142inthe f and will not be dis-
the HUNTINGTON BEACH INDEPENDENT, a
CITYOF the basis of race,criminated st on
color,
newspaper of general circulation printed
. HUNTINGTONBEACH, national origin, ancestry,
PUBLIC NOTICE IS!sex, or religion in .any
leading to
i[,
and published In the City of Huntington
HEREBY GIVEN.that the' consideration
CITY OF
bid sof hall' becco
No -bid shall be con -
AGENCY, No
BEACH, AGENCY,
b
Beach � County, of Orange State of
as
as i
invites sealed bids for prepare unless it is
the 'above. -stated 'prepared on the ap-.
,
California, and that attached Notice Is a
and will receive ;proved Proposal forms
'such bids in the office in conformance with the
such bids
,,J
true and complete copy as was printed
of the City Clerk, Second Instructions -mBidders.
Floor, Main Street, ' The 'hid -must r-
and published In the Huntington Beach
Huntington
Hr.nia to48, uph, Cali- accompanied "' s cer-
fornia 92648, up. to the � titled check, ' cashier's
hour 2:00 PM 'check, or.bidder's bond
and Fountain Valley issues of said
of on
Maack 4, 2003. Bids made � payable to the
'AGENCY for
will be publicly opened an amount
newspaper to wit the issue(s) of.
in the Council Chambers no less than 10%, of the
unless otherwise posted. amount bid. The suc-
Copies of the Plans, I cessful ,bidder shall be
Speci,ficatio.ns, and licensed in accordance
contract documents are with provisions of the
February 13 , 2003
available from the Office Business and Profes-
of the Director of Public lions Code and shall
February 20, 2003
Works, 2000 .Main possess a State Con -
Street, Huntington tractor's License Class
Beach,.CA 92648, uponat-the time of the_ -bid•
February 27 2003
i
payment of a $25.00 opening. The successful
nonrefundable fee ,if. Contractor and, his
picked up, or payment subcontractors will be
of a $35.00 nonrefund- required to possess'
able fee if mailed; business . licenses from
I declare, under of that
This is a' Davis=Bacon the AGENCY.
project and .the Federal 'The AGENCY reserves
penalty perjury,
Regulations will be the right, to reject any
the foregoing is true and correct.
enforced. Any contract or, all bids, to waive. any
entered into pursuant to' irregularity and to take
this notice will incor- all bids under advise-
porate the provisions of merit for a maximum
the Federal Labor period of60days.
Standards, which are on BY ORDER of the CITY
Executed
file at the offic6 of the, COUNCIL of the CITY OF
on February 2% �_
at Costa Mesa, California.
Director of Public Works,, HUNTINGTON BEACH,
2000 Main Street, Hun- CALIFORNIA, the 3rd day
tington Beach, CA92648. I of February 2003.
The AGENCY will de- Attest: Connie Brock -
duct a 10% retention way, CITY . CLERK OF
from all progress pay- THE CITY OF HUN-
ments. The Contractor TINGTON BEACH
may substitute an es- ' Published Huntington
crow holder surety .of Beach' Independent
equal value to the February 13, 20, 27,
retention in accordance 2003 022-128
with the provisions of ---
the' California Govern-
ment Code, Section
'4590. The Contractor
Signature
shall be beneficial owner
ACCOUNT #:
CLIENT REFERENCE #:
INDEPENDENT REFERENCE #:
;E FIND A CLIPPING OF YOUR AD FROM THE FIRST
:NG ON % AND EXPIRING ON Z
MAKE ANY CHANGES OR CORRECTIONS, PLEASE CALL
CONVENIENCE.
JIS PUBLICATION WILL BE $
)UR COOPERATION AND PATRONAGE.
SINCERELY,
�f.
MICHAEL SLETiEN,
LEGAL ADVERTISING REPRESENTATIVE
330 West Bay Street, Costa Mesa, Califomia 92627
(949) 642-4321 • Fax (949) 646-5008
Publication of Times Community News • A Division of the 110s Angeles c'mas
J.
CITY OF H U N T I N G T O N S E A C, H
I: ,
2000 Main Street FH
P.O. Box 1 90
Huntington Beach, CA 92648
Attention: Connie Brockway
To: City Clerk's Office
2000 Main Street
Huntington Beach, CA 92648
Fax (714) 374-1573
Date: February 6, 2003
Project/C.C. No.: C.C. No. 1142
Regarding: Speer& Liberty
❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:)
® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids
Item #
Copies
Pages
Description
1
1
2
Notice Inviting Sealed Bids
2
3
4
5
These are transmitted as checked below:
❑ For approval
❑ Approved as submitted
❑ Resubmit copies for approval
® For your use
❑ Approved as noted
❑ Submit copies for distribution
® For your action
❑ Returned for corrections
❑ Return corrected prints
❑ For review/comment ❑ Other:
Remarks: February 3, 2003 the City Council authorized the advertisement of the Improvements to
Speer Avenue and Liberty Avenue Project, CC1142. Please find attached the Notice Inviting Sealed
Bids for this project._Please have this advertised for the following three (3)-d'ays; 2/13, 3/20, and_2/27� -3
with -a bid opening on_3/4.__ -- a
--- --- )
Please contact me at extension 247 with any
c: I zo Ail LMA .� a
s you may have.
By: % I
__ Todd Broussard, Principal Civit Engineer
(
GACONMUCTION CoNTRAcis(CCs)\CC1142\CORRESP\TRANsmnTAis\TRANsToC ERx1169.Doc
SECTION A
NOTICE INVITING SEALED BIDS
for the
IMPROVEMENT TO
SPEER AVENUE AND LIBERTY AVENUE
WESTERLY OF BEACH BOULEVARD
CASH CONTRACT No. 1142
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 March 4, 2003. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered
into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which
are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,
CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 3rd day of February 2003.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
RE EIS ED BY:
( ;am
(Date)
CITY CLERK RECEIPT COPY
Sd ?I 3 ?_ p W / Return DUPLICATE to
�iY�v( City Clerk's Office
VV\. fi � t� � �t after signing/dating
WP rc
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM: C or�sp�� �C'y�Cwr9 CAWS `
DATE: S-o26 - 03
SUBJECT: Bond Acceptance S'?eeel'
I have received the bonds for (47r .Sf%)< <
(Company Name)
Faithful Performance Bond No. -s`f y3 76.6
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved
03
(Council Approval Date)
#27 g:/followup/bondletter. doc
Agenda Item No.
City Clerk Vault No. mite) • SD '57L.
t
ZIA
�. CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 24, 2003
EBS Inc. Elite Bobcat Service
1320 E. Sixth St. Suite 100
Corona, CA 92879-1700
Re: Speer Avenue and Liberty Avenue Improvements CC 1142
Enclosed is a copy of the executed contract with the City of Huntington Beach. A
Declaration of Satisfaction of Claims and a Certificate of Compliance form must be
returned to this office after the proiect is completed but prior to the release of retention
funds.
In addition, the following item must also be on file, with this office before the City can
release any retention funds:
A warranty bond guaranteeing the final amount of work and materials
for one year. If your performance bond does not include specific
wording for a one year warranty, then a rider or separate bond must
be submitted.
Should you have any questions or concerns regarding the enclosures or items that must
be on file in this office prior to release of retention funds, please call the Public Works
Department, 536-5432
Sincerely,
aLz
Connie Brbckway, CIVIC
City Clerk
CB:jc
Enclosures: Copy of Contract including Proposal + Qdvonall". 41
Copies of insurance/bonds
Declaration of Satisfaction
Certificate of Compliance
Bid Bond
g: fo I I owu p\ca s h co nt\ca s h co n-!ette r. d oc
(Telephone: 714-536-5227 )
e,-e 7y C1, 1/1 l
1
2
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20
21
22
23
24
25
26
27
28
29
30
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK
GRANT CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
--ITT sv►� , ZNc,
FOR
M I'�u M �NTs ` e> GPPP4z- 1,114V FN u1�3 /4-4n
TABLE OF CONTENTS
Pale No.
STATE OF WORK; ACCEPTANCE OF RISK
2
ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
2
COMPENSATION
4
COMMENCEMENT OF PROJECT
5
TIME OF THE ESSENCE
5
CHANGES
5
NOTICE TO PROCEED
6
BONDS
6
WARRANTIES
7
INDEPENDENT CONTRACTOR
7
LIQUIDATED DAMAGES/DELAYS
7
DIFFERING SITE CONDITIONS
9
VARIATIONS IN ESTIMATED QUANTITIES
10
PROGRESS PAYMENTS
11
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
I 1
AFFIDAVITS OF SATISFACTION OF CLAIMS
12
WAIVER OF CLAIMS
12
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
12
WORKERS' COMPENSATION INSURANCE AND EMPLOYERS'
LIABILITY INSURANCE
13
INSURANCE
13
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
14
DEFAULT & TERMINATION
15
TERMINATION FOR CONVENIENCE
16
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
16
NON -ASSIGNABILITY
16
CITY EMPLOYEES AND OFFICIALS
17
STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
17
NOTICES
17
SECTION HEADINGS
18
IMMIGRATION
18
FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT CONSTRUCTION CONTRACT
TABLE OF CONTENTS, continued
Pave No.
31.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
18
32.
ATTORNEY'S FEES
19
33.
INTERPRETATION OF THIS AGREEMENT
19
34.
GOVERNING LAW
20
35.
DUPLICATE ORIGINAL
20
36.
CONSENT
20
37.
COMPLIANCE WITH APPLICABLE REGULATIONS
20
38.
MINIMUM WAGES
22
39.
PREVAILING WAGE LAW
25
40.
WITHHOLDING
25
41,
HEALTH AND SAFETY
26
42.
PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
27
43.
APPRENTICES AND TRAINEES
27
44.
PAYROLLS AND BASIC RECORDS
29
45.
WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES
32
46.
SUBCONTRACTS
32
47.
FEDERAL PARTICIPATION
32
48.
DAVIS-BACON ACT
33
49.
DISPUTES CONCERNING LABOR STANDARDS
33
50.
CERTIFICATION OF LIABILITY
33
51.
DISCRIMINATION, MINORITIES, ALIENS
34
52.
EQUAL EMPLOYMENT OPPORTUNITY
..34
53.
COPELAND "ANTI -KICKBACK" ACT
35
54.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
35
55.
IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION POLLUTION CONTRACT ACT
..36
56.
ENERGY CONSERVATION
•.37
57.
HOUSING AND URBAN DEVELOPMENT
37
58.
SUBCONTRACTS
37
59.
CONTRACT TERMINATION; DEBARMENT
38
60.
COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
38
61.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
OVERTIME REQUIREMENTS
38
62
ENTIRETY
39
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK
GRANT CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
T'( tA-vPN U P-L W RGT�.LY CIS' .} A Fr-,>
THIS AGREEMENT ("Agreement") made and entered into this 2 I+k • day of
A-rr—I i^ 20 05!? , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
f3oV--^T S�vlc�,�• -- -
' , a California -
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as �1�t1�✓�M�NTS .5�/�, s
L�Ty 1tV�ST'E1�L�i al= }pGf-} in the City of Huntington Beach; and
c1 t-1 Yfi�IzP, G �t-1 CC-t4T1,CT' NO- 4 44-2
The PROJECT to which the construction work covered by this Agreement pertains is
being assisted by the United States of America and Federal Labor Standards Provisions are
included in this Agreement pursuant to the provisions applicable to such Federal assistance.
Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24,
Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -
Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-
agree/forms/federal CDGB 11/14/01 1
income persons, particularly persons who are recipients of HUD assistance for housing; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements
hereinafter made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK,• ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and
expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items,
services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising out
of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the
action of the elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description in connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and
for well and faithfully completing the work within the stipulated time and in the manner shown
and described in this Agreement, and in accordance with the requirements of CITY for the
compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANSAND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below in
agreelformslfederal CDGB 11/14/01 2
this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto, written
and promulgated by the Southern California chapter of the American
Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
agree/forms/federal CDGB 11/14/01 3
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal, (which is attached hereto
as Exhibit "A" and incorporated herein by this reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not mentioned
in the Specifications, shall be of like effect as if indicated and mentioned
in both. In case of a discrepancy between any Plans, Specifications,
Special provisions, or Addenda, the matter shall be immediately submitted
by CONTRACTOR to the Department of Public Works of CITY
(hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt
to resolve or adjust the discrepancy without the decision of DPW, save
only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
HUNDI2�D �16j-F�( GYJM—IiW—S AN.D Dollars ($-2'�� SRO. ), as set forth in
GW7-s.
the Contract Documents, to be paid as provided in this Agreement.
agree/forms/federal CDGB 11/14/O1 4
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the prior written order or acceptance
of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been
agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such
cost proposal, the work shall be performed according to the changes ordered in writing by DPW
and the proper cost thereof shall be negotiated by the parties upon cost and pricing data
submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to
CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In the event of a delay in commencement of the work due to unavailability of the job
site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2)
bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the
Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in
agree/forms/federal CDGB 11/14/01 6
the amount of one hundred percent of the Agreement price to guarantee payment of all claims for
labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of one
hundred percent (100%) of the final Agreement price, including all change orders, to warrant
such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this Agreement
including, but not limited to, any workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect
in the work, shall have the option to make appropriate repairs or replace the defective item or
items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or
replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services performed hereunder.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as set
agree/forms/federal CDGB 11/14/01 7
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 ($ 7:--00' Oa ) per day for each and every working day's delay in completing the
work in excess of the number of working/calendar days set forth herein, which represents a
reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable
damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR
agrees to pay these damages herein provided, and further agrees that CITY may deduct the
amount thereof from any monies due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
limited to, acts of God or of the public enemy, fire,- floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of
the delay and CITY shall extend the time for completing the work if, in its judgment, the
findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the
parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for
materials required by this Agreement to be furnished by CITY, or by damage caused by fire or
agree/forms/federal CDGB 11/14/01 8
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in no way caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days CONTRACTOR has thus been
delayed, but no allowance or extension shall be made unless a claim therefor is presented in
writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of materials by CITY or delays by
other contractors or subcontractors, will be allowed and an extension of time for completion
shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions are
disturbed, notify DPW in writing of:
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract
Documents; or
(2) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent to work of the character to be
performed under this Agreement. DPW shall promptly investigate
the conditions and if it finds that such conditions do materially so
differ and cause an increase or decrease in the time required for
performance of any part of the work under this Agreement,
agree/forms/federal CDGB 11/14/01 9
whether or not changed as a result of such conditions, an equitable
adjustment shall be made and the agreement modified in writing
accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall be
allowed unless CONTRACTOR has given the notice required hereunder
provided, however, the time prescribed therefor may be extended by
CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to CONTRACTOR will be made only for the actual quantities of Agreement items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order
an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the
actual quantities used in construction of the PROJECT are in variation to the quantities listed in
the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its sole judgment the findings warrant.
agree/forms/federal CDGB 11/14/01 10
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder of the progress estimate, less the amount of all
previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW
finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such
sum as will bring the payments of each month up to one hundred percent (100%) of the value of
the work completed since the commencement of the PROJECT, as determined in its sole
discretion by DPW, less all previous payments and less all previous retained amounts. CITY's
final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be
made thirty-five (35) days after the acceptance of the work and the filing of a Notice of
Completion by CITY. Payments shall be made on demands drawn in the manner required by
law, each payment to be accompanied by a certificate signed by DPW, affirming that the work
for which payment is demanded has been performed in accordance with the terms of the
Agreement and that the amount stated in the certificate is due under the terms of the Agreement.
Partial payments on the Agreement price shall not be considered as a acceptance of any part of
the work.
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon, CITY shall permit the
agree/forms/federal CDGB 11/14/01 11
substitution and deposit therewith of securities equivalent to the amount of any monies withheld
by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed,
all firms supplying materials and all subcontractors working upon the PROJECT have been paid
in full and that there are no claims outstanding against the PROJECT for either labor or material,
except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed
claims, or items in connection with Notices to Withhold, which have been filed under the
provisions of the statutes of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against -CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD. HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and
against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and
consequential damage or liability of any kind or nature, however caused, including those
resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's
property, arising directly or indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, caused in whole or in part by any negligent act or omission of the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, including but not limited to concurrent active
agree/forms/federal CDGB 11/14/01 12
or passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
CONTRACTOR.
19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of this Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation and employer's liability
insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of
the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage covering
agree/forms/federal CDGB 11/14/01 13
the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents
while acting within the scope of their duties, against any and all claims arising out or in
connection with the PROJECT, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of One Million Dollars
($1,000,000) per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than One Million Dollars
($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed
officials, employees, agents, and volunteers as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the PROJECT shall be
deemed excess coverage and that CONTRACTOR's insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; the certificates shall:
1. provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
agree/forms/federal CDGB 11/14/01 14
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected
and appointed officials, employees, agents and volunteers as Additional Insureds, to the City
Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing
of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days
after such Notice of intention has been served on CONTRACTOR, CITY may, without prejudice
to any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such
event CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to become due to CONTRACTOR.
agree/forms/federal CDGB 11/14/01 15
If it is subsequently determined by a court of competent jurisdiction that CITY's
termination of this Agreement under this Section was wrongful, such termination shall be
converted to a termination for convenience under Section 23 and any damages shall be assessed
as set forth in Section 23.
23. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without
cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written
notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay
CONTRACTOR for value of work in place on the PROJECT through the termination period plus
seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made.
Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by
CITY for its convenience and CITY shall have no further obligation to CONTRACTOR.
24. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees- that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
25. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
agree/forms/federal CDGB 11/14/01 16
26. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the California Government Code.
27. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar
legal document. This obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is
named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or
expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this
Agreement.
28. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates or other communications will be
sent:
agree/forms/federal CDGB I1/14/01 17
TO CITY:
City of Huntington Beach
ATTN: '[' oF N13; 1 C. W
2000 Main Street
Huntington Beach, CA 92648
29. SECTION HEADINGS
TO CONTRACTOR:
Pt- I-r-f-T-. sF=Pvlcf-=, -
lP- SIxTH ST so I-I-ff- 100
cCF-0NA t Gam. 92 er19 - 1Co
^TTN : -�VSPPH ls► . N,4G I , rFF,,-iPp rr
The titles, captions, section, paragraph, and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of maters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
30. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of United States Code Section 1324a regarding employment verification.
31. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
agree/forms/federal CDGB 11/14/01 18
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
32. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's
fees from the non -prevailing party.
33. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
agree/forms/federal CDGB 11/14/01 19
34. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
35. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
36. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to any
subsequent occurrence of the same or any other transaction or event.
37. COMPLIANCE WITH APPLICABLE REGULATIONS.
The parties to this Agreement agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3. As evidenced by their execution of this Agreement, the
parties to this Agreement certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's representative of the
CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference,
agreelforms/federal CDGB 11/14/01 20
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the persons taking
applications for each of the positions; and the anticipated date the work shall begin.
CONTRACTOR agrees to include the Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135.
CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the Agreement is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135
require employment opportunities to be directed were not filled to circumvent the
CONTRACTOR's obligations under 24 CFR part 135.
CONTRACTOR agrees and understands that noncompliance with HUD's
regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for
default, and debarment or suspension from future HUD assisted contracts, and
With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts
agree/forms/federal CDGB 11/14/01 21
and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but in derogation of compliance with
Section 7(b).
38. MINIMUM WAGES
All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the
CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be constructively made or incurred during
such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without
agree/forms/federal CDGB 11/14/01 22
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein; provided that the ,employer's payroll records
accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under 29 CFR
Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the
CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible
place where it con be easily seen by the workers.
Any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the Agreement shall be classified in conformance with the
wage determination. HUD shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
If the CONTRACTOR and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
agree/forms/federal CDGB 11/14/01 23
representative, will approve, modify, or disapprove every additional classification action within
30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within
the 30-day period that additional time is necessary. (Approved by the Office of Management
and Budget under OMB control number 1215-0140.)
In the event the CONTRACTOR, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140. )
The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraphs (1)(b) or (e) of this paragraph, shall be paid to all workers performing work in
the classification under this Agreement from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the Agreement for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
If the CONTRACTOR does not make payments to a trustee or other third person,
the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of
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any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program;
provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR,
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the CONTRACTOR to set aside in a separate account assets for the meeting of
obligations under the plan or program (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
39. PREVAILING WAGE LAW.
The CITY has ascertained from the U. S. Department of Housing and Urban
Development ("HUD") the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime work in the locality in which the work is to be performed for
each craft or type of work needed to execute this Agreement, and the same has been set forth by
resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any
subcontractor under it shall pay not less than said prevailing wage rates to all workers employed
on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to
every employee.
40. WITHHOLDING.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
CONTRACTOR under this Agreement or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of
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wages required by the Agreement. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the Agreement,
HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after
written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the
CONTRACTOR or subcontractor to the respective employees to whom the are due. The
Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act
contracts.
41. HEALTH AND SAFETY.
No laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous to his health standards
promulgated by the Secretary of Labor by regulation.
The CONTRACTOR shall comply with all regulations issued by the Secretary of
Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public
Law 91-54, 83 Stat. 96).
The CONTRACTOR shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR
shall take such action with respect to any subcontract as the Secretary of Housing and Urban
Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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42. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE.
Section 1773.8 of the California Labor Code, regarding the payment of travel and
subsistence payments, is applicable to this PROJECT.
43. APPRENTICES AND TRAINEES.
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the
CONTRACTOR as to the entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
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Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and Training, or
a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
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the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a
training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an acceptable program is
approved.
44. PAYROLLS AND BASIC RECORDS.
Payrolls and, basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of
the project). Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount
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of any costs reasonably anticipated in providing benefits under a plan or program described in
Section I(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the
Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
The CONTRACTOR shall submit weekly for each week in which any Agreement
work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the
Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to
the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0149.)
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the Agreement and shall certify the following:
a.-ree/forms/federal CDGB 11/14/01 30
That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the Agreement during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set forth in
29 CFR Part 3;
That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the Agreement.
The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph A.3.(ii)(b) of this section.
The falsification of any of the above certifications may subject the
CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 231 of Title 31 of the United States Code.
The CONTRACTOR or subcontractor shall make the records required under this
section available for inspection, copying, or transcription by authorized representatives of HUD
or its designee or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. if the CONTRACTOR or subcontractor fails to
submit the required records or to make them available, HUD or its designee may, after written
notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
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failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR Part 5.12.
45. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the CONTRACTOR or subcontractor under
any such contract or any other Federal contract with the same prime contract, or any other
Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime CONTRACTOR such sums as may be determined to be necessary to
satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this paragraph.
46. SUBCONTRACTS.
The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses
set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
Section 44.
47. FEDERAL PARTICIPATION.
The PROJECT pursuant to which the work covered by this Agreement is being
executed is being assisted by the United States of America. Several Agreement provisions
embodied herein are included in this Agreement in accordance with the provisions applicable to
such federal assistance. As federal funds are financing all or part of this work, all of the statutes,
agree/forms/federal CDGB I I/14/01 32
rules and regulations promulgated by the Federal Government and applicable to the work will
apply, and CONTRACTOR agrees to comply therewith.
48. DAVIS-BACON ACT.
CONTRACTOR agrees to pay and require all subcontractors to pay all employees
on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as
determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section
176a, et seq.) for each craft or type of worker needed to perform this Agreement.
CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
49. DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this Agreement. Such
disputes shall be resolved in accordance with the with the procedures of the Department of Labor
set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the CONTRACTOR. (or any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, or the employees or their representatives.
50. CERTIFICATION OF ELIGIBILITY.
By entering into this Agreement, the CONTRACTOR certifies that neither it (nor
he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or
firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon
Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
No part of this Agreement shall be subcontracted to any person or firm ineligible
for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR
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5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal
Housing Administration transactions", provides in part "Whoever, for the purpose
of -influencing in any way the action of such Administration ... makes, utters or publishes any
statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
51. DISCRIMINATION, MINORITIES, ALIENS.
CONTRACTOR shall not discriminate nor allow its employees, agents,
principals, or subcontractors to discriminate against any employee or applicant for employment
on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take
affirmative steps to hire local qualified minority individuals when job opportunities occur and
utilize local business firms when possible.
52. EQUAL EMPLOYMENT OPPORTUNITY.
The CONTRACTOR will comply with all provisions of Executive Order 11246,
as amended, and 29 CFR Part 30.
The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements.
CONTRACTOR is required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to
ensure equality of opportunity in all aspects of employment.
agree/forms/federal CDGB 11/14/01 34
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)
prohibits job discrimination because of handicap and requires affirmative action to employ and
advance in employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
(38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to
comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years
after their discharge and (2) qualified disabled veterans throughout their working life if they have
a thirty percent (30%) or more disability.
To ensure compliance with these requirements, the CONTRACTOR shall provide
the City with its written affirmative action plan prior to commencement of work. The
CONTRACTOR is required to provide the CITY with a listing of its subcontractors together
with a completed affirmative action program from each subcontractor when applicable.
53. COPELAND "ANTI -KICKBACK" ACT.
CONTRACTOR and its subcontractors shall comply with the requirements of 29
CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he is otherwise entitled.
54. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.
The CONTRACTOR shall comply with the provisions of Section 103 and 107 of
the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by
Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each
CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the
basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work
agree/forms/federal CDGB 11/14/01 35
in excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in
excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 167
of the Act is applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under construction, safety and health
standards promulgated by the secretary of Labor. These requirements do not apply to the
purchase of supplies or materials or articles ordinarily available on the open market or contracts
for transportation.
guards.
As used in this section, the terms "laborers" and "mechanics" include watchmen and
55. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION CONTROL ACT.
A. CONTRACTOR stipulates that all facilities to be utilized in the
performance of this Agreement were not listed, on the date of contract
award, on the United States Environmental protection Agency (EPA) List
of Violating Facilities, pursuant to 40 CFR 15.20.
B. The CONTRACTOR agrees to comply with all of the requirements of
Section 114 of the Clean Air Act and section 308 of the Federal Water
Pollution control Act and all regulations and guidelines listed thereunder.
C. The CONTRACTOR shall promptly notify the CITY of the receipt of any
communication from the Director, office of Federal Activities, EPA,
agree/forms/federal CDGB 11/14/01 36
indicating that a facility to be utilized pursuant to this Agreement is under
consideration to be listed on the EPA List of Violating facilities.
D. The CONTRACTOR agrees to include or cause to be included the
requirements of paragraph (a) thorough (d) of this section in every
nonexempt subcontract, and further agrees to take such action as the
Government may direct as a means of enforcing such requirements.
56. ENERGY CONSERVATION.
Agreements with federal participation shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the State energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et
seq. ).
57. HOUSING AND URBAN DEVELOPMENT.
CONTRACTOR agrees to comply with any and all rules, regulations, guideline's,
procedures and standards of the United States Department of Housing and Urban Development
and complete any and all reports and forms that may be required in accordance therewith.
58. SUBCONTRACTS.
The CONTRACTOR or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in
29 CFR Part 5.5.
agree/forms/federal CDGB 11/14/01 37
59. CONTRACT TERMINATION; DEBARMENT.
A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination
of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
60. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES.
No laborer or mechanic to whom the wage, salary, or other labor standards
provisions of the Contract are applicable shall be discharged or in any other manner
discriminated against by the CONTRACTOR or any subcontractor because such employee has
filed any complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable under this
Contract to his employer.
61. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
OVERTIME REQUIREMENTS.
A. No CONTRACTOR or subcontractor contracting for any part of the
Agreement work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of eight hours in any calendar day or in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at
a rate no less than one and one-half times the basic rate of pay for all
hours worked in excess of eight hours in any calendar day or in excess of
forty hours in such workweek, whichever is greater.
agree/forms/federal CDGB 11/14/01 38
B. Violation,• Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in subparagraph (A) of
this paragraph, the CONTRACTOR and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
CONTRACTOR and subcontractor shall be liable to the United States (in
the case of work done under contract for the Distract of Columbia ora
territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (A) of this
paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of eight hours or in
excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
62. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties. No waiver or modification of this Agreement shall be valid unless in
writing duly executed by both parties.
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiations, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
agree/forms/federal CDGB 11/14/01 39
;c.
warranties, oral or otherwise, have been made by that party or anyone acting on that parry's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR
Elite Bobcat Service, t .
y_
By:
JO$ePh A. Raw- Pro eirign-v
print name
ITS: (circle one) ChairtnPresiders ice President
AND
By: -Z, /�Z
Joseph A. Nanci-PreSiden C ,
print name
ITS: (circle one) EEDChief Financial Officer/Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
&M;!z
Mayor
ATTEST:
a=
City erk
APPROVED AS TO FORM:
Z 1 —03
Qr Citf Attorney
INITIA D AND APP ED:
REVIEWED AND APPROVED:
Director of Public Works
City A mistrator
agree/forms/federal CDGB 11/14/01 40
FEB-25-2003 10:45 HUNTINGTON BEACH 714 374 1573 P.01i01
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
For
Liberty Ave = Speel' Ave Street Improvement Project
CC-1142
February 25, 2003
Notice To All Bidders'
Please note the following revision to the Project plans. Specifications, and Technical Provisions:
Add the ffollowring to Section 2-9.2 Survey Service,
Included in the scope of work is the reestablishment of the west line of Section 25, Township 5 South, ,Range 11 West
from the West % Comer to the Southwest Comer thereof. (Original centerline line along Beach Blvd between Slater
Ave and Talbert Ave), in addition we also are also requesting the reestablishment of the centerline of both Speer Ave.
and Liberty Ave where they intersect said West line.
A Record of Survey will be required to reestablish said West line.
Standard well monuments will not be required to be set at the reestablished intersections, however ties will be required
to be set as part of the scope of work. The ties may be shown on the Record of Survey or a Comer Record may be
filed for each reestablished intersection.
In Summary a Record of Survey is to be filed reestablishing 4 intersections along the west line of Section 25, Township
5 South, Range 11 West
Beach Blvd @ Slater Ave
Beach Blvd @ Liberty Ave
Beach Blvd @ Speer Ave
Beach Blvd @ Talbert Ave
Said intersections are to be tied out after reestablishment and tie distances shown on either the Record of Survey, or
on a Comer Record filed with the City and the County Surveyor.
Mite BOW SeIrViCa,1 ,
Company Name By Joseph A. anal=Flaw€dent
MAR 04 2003
Date
AS bidders must acknowledge the receipt of this Addendum with your bid proposal.
Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247.
TOTAL P.01
SECTION C
for the
IMPROVEMENTS TO
SPEER AVENUE AND LIBERTY AVENUE
WESTERLY OF BEACH BOULEVARD
CASH CONTRACT No. #1142
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 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
e "
If awarded the Contract, L undersigned agrees that in the event ,,i' the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find,�j/O,OW ,QOn1O in the amount of $ d "% 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
035 03 Joseph A. r4and-Pms1dPaf
c-z
SECTION C
PROJECT BID SCHEDULE
ITEM
ESTIMATED
ITEM WITH UNIT PRICE WRITTEN IN
UNIT PRICE
EXTENDED
NO.
QUANTITY
WORDS
AMOUNT
1
28,943
Sawcut and Remove Existing AC Pavement and
S.F.
Base
@ G9LC Dollars
----� Cents
_
Z `� `1.�
2
67
Sawcut and Remove Existing Curb and Gutter
L.F.
@ Dollars
----- Cents
3
455
Sawcut and Remove Existing Sidewalk/Driveway
S.F.
Apron
Dollars
6 et/ v Cents
0 �g
3�f/, 2s
4
15
Each
Remove Existing Tree
@ Dollars
�----- Cents
VV
,
5
3
Relocate Existin Sign >�
Each
@ z . Q Dollars
------ - Cents
2 7
a-
6
1
Remove Existing Pole, Luminaire and
Each
Foundation � .�� k'ruc-'0_'A'
Dollars
Cents
2
7
4
Relocate Existm Mailbo�C
Each
@ CK-L Gtwr �t ' `f tUe-Dollars
�--- Cents
S'
7 `'`0
8
3
Adjust Water Meter to Grade .� I u Q�_
mod- /
Each
@ �"Gt �lt t�u�U cG� � Dollars
------_ Cents
12,5
9
3
Adjust Sewer Manhole to Gra a a�
Each
@ t-e �66�wW ��,r�i _Dollars
�—
Cents
j
10
3
Adjust Water Valye to Grade
Dollars
Each
@ t�� ,'
�..
11�.. Cents
11
2
Each
Adjust Gas Meter to Grade
@ "k4d t Dollars
„�---- Cents
12
1
Adjust Cable TV Box to Grade
Each
@ icyi� �'�'' Dollars
7
7�
....... -- - Cents
13
2,350
Cold Mill Existing Asphalt Pavement
S.F.
@ �_ Dollars
J 3---
Cents
C-Is
ITEM
ESTIMATED
ITE. _ WITH UNIT PRICE WRITTEN IN
UNIT PRICE
EXTENDED
NO.
QUANTITY
WORDS
AMOUNT
14
1,370
Asphalt Concrete
Tons
@ ,5e u<vL- Dollars
'I-nf y Cents
Ci 2.
15
1,558
6" Curb Gutter Per Standard Plan 202
L.F.
@ Ae'y n -eeel Dollars
Cents
y�
16
7,897
Concrete Sidewalk Per Standard Plan 207
S.F.
@ Dollars
Cents
17
2
Curb RaffipPeeCaltrans Standards
" Each
@ Dollars
_
^�
Cents
615
1 j C� 30
18
2,300
Driveway Approach Per Standard Plan 209
S.F.
@ 2%ttc, Dollars
60
'
2 C
ALA Cents
t
19
1,348
Cross Gutter PW Standard Plan 205
S.F.
@ ®-t�L Dollars
—
8 00
Cents
20
2,260
4" PCC Driveway (Private Property)
S.F.
@ � Dollars
55
Cents
21
Rel a e oristruct Existing Fence/Wall
L.S.,
@ ?�t&ti+" ollars
Cents
22
Modify Entry to 7092 Speer Per D tg ail
L.S.
@ Ujb ,1Lc.X lc,w Dollars
3
3 6�o Q
�-- --- Cents
23
Traffic Control Ke
�� rcfyL.S. @ 4-eu AO*id Dollars
Cents
L
24
21
Each
36" Box Tree
@ Lj(? l kk�Aey q_A Dollars
wml -- Cents
25
1
Street Light y�
,�vC iu
Each
@ ArCC. ��adul is Dollars
7 .-
So
Cents
26
MiscellaneousDemo�ition
L.S.
@ ti GvuSA� C� f1 _Dollars
-�---- Cents
to ���
_—
27
.1
Each
Curb Outlet t
@ �'/ Glt,ddrm Dollars
�----- Cents
c506
'50n
28
20
AC Berm
L.F.
@ fe 4 Dollars
0(n—"
Cents
1-0
C-2s
ITEM
NO.
ESTIMATED
QUANTITY
ITEI TITH UNIT PRICE WRITTEN IN UNIT PRICE
I WORDS
EXTENDED
AMOUNT
29
120
4" Rolled Curb per Standard Plan 216
L.F.
@ &eyent-t 4 Dollars
Cents
_
30
20
Curb Transition
L.F.
@ �Vto Le t,\ Dollars
Cents
Total Amount Bid in Figures: $ Z. (, oC) 11
—
Total Amount Bid in Words: rrd
'"' �l
C-3s
W
iLIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion
Of
Work
Name and Address of Subcontractor
State License
Number
Class
��e� \
� rig'S fdL�. SCt�.1►c� haw► � fi�
'�� � �
CIf�frcak
Mee �I,` OC,,
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.
I
C-3
f )NCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
90-54?WA /AJ 4C/ , being first duly sworn, deposes and says that he or she is
RES/DEBT of Elite Bobcat Service, IP,,G. 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.
Joseph A. Nana -President
Name of Bidder
'Z4 jlv�
Si nature of Bidder
Elie Bobcat Service, Inc.
1320 E. Sixth Si., Suite 100
Corona, CA 92079-1700
Address of Bidder
Subscribed and sworn to before me this 44 day of 1nA&,y— ,2m -vmo
5HEREIN AGAMWE
Commission # 1230619 _
Notary Public - California S
Z Riverside County
NOTARY PUBLIC Co
mm. A"927'2j=
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 Improvements to Speer Avenue and Liberty Avenue Westerly of
Beach Boulevard, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter
defined, to work in proximity to any electrical secondary or transmission facilities. The term
"Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as
follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: MAR 0 t� 2003
Elite Bobcat Service, Inc.
Contractor
By
Joseph A. Nanci-President
Title
C-5
a ' ' DISQ &IFICATI®N QUESTI®NX U
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 !Z 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
COMPE_ CATION INSURANCE CERTi.1CATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: MAR 0 4 200
Elite Bobcat Service, iRC.
Contractor
.LL
By
Joseph A. Nand-PresEident
Title
C-7 - -
A IT ERGROUND SERVICE ALL. A
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
By
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work Additional forms may be obtained from the AGENCY
upon request.
C-8
BIDDER certifies that the following information is true and correct:
Elite Bobcat Service, Inc.
Bidder Name 1320 E. M—t t., Suite 100
Corona, CA 92879-1700
Business Address
City, State Zip
(909) 279-6G69 Phone
(909) 279-0332 Fax
Telephone Number
720016 A Expo 3/31104
State Contractor's License No. and Class
Original Date Issued
D
Expiration Date
The work site was inspected byhAV6 YAIOt.OS of our office on IDAACfl _3 o2443
The following are persons, firms, and corporations having a principal interest in this proposal:
Joseph A. anti-president/SEC.
C-9
The undersigned is prepares . satisfy the Council of the City of Hui—rigton 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.
Ellie Bobcat Service, Ina,
Company Name
Signature of Bidder
Joseph A. Nand-Presadel t
Printed or Typed Signature
Subscribed and sworn to before me this day of /yJ,9 14
SHEREIN AGAMAME
CommiL
1230819
!LipNotary Caliifornia�� Rivounty
NOTARY PUBLIC-0 --- q t�ycomm.A�en
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:
2
P, sF 477-ACH ",
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Date Completed
Contract Amount Type of Work Date Completed
C-10
Elite Bobcat Service, Inc.
iYe 0b�
Reference List - Public
Aaency
Address
Contact
Phone No
Pro'ect Description
Contract Amount
City of Anaheim
P.Q. Box 3222
Chuck Smith
(714) 765-5176
2000/2001 CDBG Improv.
109,939.00
Anaheim, CA 92803
City of Fontana
8353 Sierra Ave.
Don Gilbertson
(909) 350-6659
Foothill Blvd. Widening
41,000.00
Fontana, CA 92335
City of Garden Grove
11222 Acacia Pkwy
Dai C. Vu
(714) 741-5189
Safe Routes to Schools
189,392.00
Garden Grove, CA 92842
City of Highland/
650 Hospitality Ln. #400
Larry D. Brown
(909) 386-0200
2002 Concrete & Street Repairs
171,406.58
Willdan
San Bernardino, CA 92408-3317
City of Moreno Valley
14177 Frederick St.
Chris Wiberg
(909) 413-3135
CDBG Sidewalk Improv.
122,457.25
Moreno Valley, CA 92552
County of Orange
1750 S. Douglas Rd.
Vince Gonzales
(714) 567-6300
Misc. Concrete
100,000.00
Anaheim, CA 92806
City of San Clemente
910 Calle Negocio #100
Gary Voborsky
(949) 361-6100
W. Ave. Escalones Sidewalk Improv.
86,220.00
San Clemente, CA 92673
City of Santa Ana
20 Civic Center Plaza
Bill Albright
(714) 647-5029
Omnibus Repairs #1814
268,473.95
Santa Ana, CA 92701
City of Santa Fe Springs
11710 Telegraph Rd.
John R. Price
(562) 868-0511
Neighborhood Center Parking Lot
69,893.00
Santa Fe Springs, CA 90670-3658
City of Temecula
43260 Business Park Dr.
Bruce Levy
(909) 694-6411
Construct New Sidewalk
50,550.00
Temecula, CA
Los Angeles County
P.O. Box 1460
Ray Green
(626) 458-4933
Westminster Ave,, Vicinity of Long Bcach
502,859.36
Alhambra, CA 91802-1460
Bonding
Insurance
Culbertson Insurance Services, Inc.
Sherman Parent Insurance Brokers, LLC
5500 E. Santa Ana Canyon Road, Suite 201
4770 Campus Drive, Suite 100
Anaheim, CA 92807
Newport Beach, CA 92660
Dave Culbertson (714) 921-0530
Bob Parent (949) 660-3700
BIDDERS CERTIFICATION*
HOUSING AND URBAN DEVELOPMENT ACT OF 1968
AS AMENDED IN 1992, SECTION 3
TITLE 24, Code of Federal Regulations, Part 135*
Economic Opportunities for Low and Very Low -Income Persons
The bidder, under penalty of perjury, certifies that except as noted below, any person associated
therewith in the capacity of owner, partner, director, officer or manager (initial the applicable
selections):
Will ensure that 10 % of all new hires as a result
of this project shall meet all requirements of
Section 3 of CFR Part 135 of the HUD Act of
1968; or
Will hire no new employees in conjunction with
this project.
Will award 10% of its sub -contracts to Section 3
businesses.
This certification shall apply to the prime contractor's sub -contracts related to this project.
Contractor:
Mite BobCat &.1MICe$ 11"1G.
Contact Person: Joseph A. Nancl-President
(909) 279-6869 Phone
Contact Phone: (909) 279-6832 Fax
Signed:
Date: MAR 2003
*Note: The above certification is required by the Department of Housing and Urban
Development (24 CFR 135 and Subtitle A et al) and must be submitted by bidders and proposed
sub -contractors only in connection with contracts and subcontracts which are subject to Section 3
of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). 1,
Previous non-complinace with Section 3 could result in disqualification.
C-11
DECLARATION OF SATISFACTION OF CLAIMS
state:
(Name of Contractor)
1. 1 am the general contractor for the City of Huntington Beach, as to the project more
fully described in the public works contract entitled:
and dated
2. All workers and persons employed, all firms supplying materials, and all
subcontractors for the above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in connection with Notices to
Withhold, which have been filed under the provisions of the statutes of the State of
California: (if none, state NONE")
I declare under penalty of perjury that the foregoing is true and correct.
Executed at on this day of
(Location)
(Signature of Contractor)
, 20_
g:fotlowup\cashcont\cashco n2.doc
City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
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:foIIowuptcashconticashcon i .doc
EXECUTED IN ONE COUNTERPAXT
Bond No. 5443766
Initial premium charged for this bond is $2, 745
subject to adjustment upon completion of contract at
applicable rate on final contract price.
GWMAIVERICAN INSURANCE Clf7YlPANII
CONTRACT BOND — CALIFORNIA
FAITHFUL PERFORMANCE —PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:
That we, ELITE BOBCAT SERVICES, INC.
as Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio
and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto
THE CITY OF HUNT1NGTON BEACH as Obligee,
in the sum of *** - Dollars, ($ 249,580 )
for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this
24TH
day of
APRIL
2003
WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or
may be attached hereto, dated the 21ST day of APRIL, 2003 , for:
IMPROVEMENTS TO SPEER AVE. AND LIBERTY AVE. WESTERLY OF
BEACH BOULEVARD, CASH CONTRACT N0, 1142
NOW THEREFORE, the condition of the foregoing obligation is such that if the Principal shall well and truly perform and fulfill all
the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the
contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and
all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part
of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by
the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street,
Cincinnati, Ohio 45202.
AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the
Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after
completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there
is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be
brought within six rnonths from the expiration of the maintenance period, but not afterwards.
*n* TWO HUNDRED FORTY NINE THOUSAND FIVE HUNDRED EIGHTY AND N0/100
ELITE BOBCAT SERVICES, INC. (SEAL) G94AT AMERICAN INSURANCE COMPANY
BY: Z J/_,/
Joseph A. i anc',!_Presido0t/� (SEAL) RICHARD A. COON
Principal Attorney -in -Fact
5.1052A-2/78
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On 5/5/03 before me, Sarah D. Allen — Notary Public personally appeared
Joseph A. Nanci personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
FITNESS my hand and official seal.
i
S;94re of Notary Pub
SARAH D. ALLEN
Q Comm. # 1232868 D
00
( i NOTARY PUBLIC - CALIFORNIA D
Q ` San Bernardino County
My Comm. Expires August 22, 2003
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.
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES 1 DATE OF DOCUMENT 4/21/03
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL CORPORATE OFFICER President / Secretary
TITLE(S)
❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S)
❑ OTHER:
SIGNER IS REPRESENTING: Elite Bobcat Service, Inc.
NAME OF PERSON(S) OR ENTITY(S)
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 4/24/03 before me,
LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared RICHARD A. COON personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. LEXIESHERWOOD?
Q
NOTARY
# 1311304
ARY PUBLIC-CALIFORNIA
2 ORANGE COUNTY O
COMM. EXP. JULY 27, 20051
Si a re of"Notary Public _ _ _ -
O T l V1YAL
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.
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE OR TYPE OF DOCUHENT
NUMBER OF PAGES 1 DATE OF DOcamENT 4/24/03
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL ❑ CORPORATE OFFICER
TITLE
❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S)
❑ OTHER:
SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY
NAME OF PERSON(S) OR ENTITY(S)
EXECUTED IN ONE COUNTERPART
BOND #5443766
PREMIUM: INCLUDED
IN PERFORMANCE BOND
GMU rM&MCAN INSURANCE ,
LABOR AND MATERIAL PAYMENT BOND — PUBLIC WORK
(California)
KNOW ALL MEN BY THESE PRESENTS:
That we, ELITE BOBCAT SERVICES, INC.
as Principal and the GREAT AMERICAN INSURANCE COMPANY, a Corporation organized and existing under the laws of the State
of Ohio and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto any and all
materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or
about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons,
companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all
persons performing work or labor upon the same and all persons supplying both work an materials as aforesaid, in the sum of
TWO HUNDRED FORTY NINE THOUSAND FIVE HUNDRED EIGHTY AND NOI100 Dollars,($ 249,580 I
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.
SIGNED, sealed with our seals and dated this 24TH day of APRIL, 2003
The condition of the foregoing obligation is such that. whereas the above bounden Principal hay entered into a contract, dated
APRIL 21, 2003 with THE CITY OF HUNTINGTON BEACH
to do and perform the following work, to -wit:
IMPROVEMENTS TO SPEER AVE. AND LIBERTY AVE. WESTERLY OF BEACH BOULEVARD
CASH CONTRACT NO. 1142
NOW. THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub -contractor,
fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor to persons named in Section 3181 of the Civil Code, thereon of any kind, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor performed by any such claimant. Including
any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the
contractor and his sub -contractors pursuant to Section 18806 of the Revenue and Taxation Code, that the SURETY on this bond will
pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a
reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as
costs in said suit and to be included in the judgment therein rendered.
This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works
of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall
inure to the benefit of any of the persons named in Section 3181 of the Civil Code, of the State of California.
ELITE BOBCAT SERVICES, INC.
(SEAL)
tt (SEAL)
Joseph A. N ncil- -ri3Sident '�eL .Principal
GREAT AMERICAN INSURANCE COMPANY
�UIC RDi A. COON Attorney -in -Fact
S-9246 - 7/77
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On 5/5/03 before me, Sarah D. Allen — Notary Public personally appeared
Joseph A. Nanci personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Sti,e of Notary Pu h
H
SARAH D. ALLEN
Comm. # 1232868 D
?!
NOTARY PUBLIC - CALIFORNIA D
San Semardino County
My Comm. Expires August 22, 2003
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.
DESCRIPTION OF ATTACHED DOCUMENT
Labor and Material Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
1-1 INDIVIDUAL
PARTNER(S)
are ram'
DATE OF DOCUMENT 4/21/03
CAPACITY CLAIMED BY SIGNER
CORPORATE OFFICER President / Secretary
TITLE(S)
ATTORNEY -IN -FACT F� TRUSTEE(S)
SIGNER IS REPRESENTING: Elite Bobcat Service, Inc.
NAME OF PERSON(S) OR ENTITY(S)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 4/24/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared RICHARD A. COON personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. 1 a----
rk?SHERWOODg
000MM. # 1311304
NOTARY PUBLIC-CALIFORNIAORANGE cotINTY Q
Signat e of Notary Public COMM. EXP. JULY 27, 2005
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.
DESCRIPTION OF ATTACHED DOCUMENT
PAYMENT BOND
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES 1 DATE OF DOCUMENT 4/24/03
❑ INDIVIDUAL
❑ PARTNER(S)
❑ OTHER:
CAPACITY CLAIMED BY SIGNER
❑ CORPORATE OFFICER
TITLES)
® ATTORNEY -IN -FACT ❑ TRUSTEE(S)
SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY
NAME OF PERSON(S) OR ENTITY(S)
GIMANERICAN INSURANCE COMPANY*
580 WALNUT STREET O CINCINNATI, OHIO 45202.513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
No. 0 14046
SIX POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL
CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED
RICHARD A. COON LEYIE SHERWOOD CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 19 th day of June 2001
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 19th day of Julie, 2001 before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of -Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be
and herebyis authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfofthe Company, as surety, anv and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority, and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsuretyship, orother written obligation in thenature thereof, such signature and seal when so used beinghereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 24TH day of APRIL , 2003
11
'CERRORISM COVERAGE RIDER
WfICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the; definition of cut Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 5443766_ -,effective ective 4/24/03
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surely.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from tosses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
INSURANCE AND IN EIVIIVIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Robert Martinez/Public Works
2. Date: May 20, 2003
3. Name of contractor/permittee: Elite BobCat Service Inc
4. Description of work to be performed: Road widening, install curb & putter
5. Value and length of contract: $250,000; 45-90 days duration
6. Waiver/modification request: $5K GL deductible & cancellation clause wording
7. Reason for request and why it should be granted: Unable to comply with zero deductible
and cancellation clause wording requirements
8. Identify the risks to the City in approving this waiver/modification: None.
Department Head Signature
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
V'�pproved ❑ Denied
Signature Date
2. City Attorney's Office
Approved ❑ Denied
Signature D to
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
Insurance & Indemnification Waiver 5I2012003 10,08 AM
CERTIFICATE OF INK ONCE ISSUE DATE
I' 05/12/2003
SHERMAN / PARENT INSURANCE BROKERS, LLC
4770 CAMPUS DRIVE SUITE 100
NEWPORT BEACH, CA 92660
(949)660-3700
FAX (949) 660-3777
ELITE BOBCAT SERVICE INC.
1320 E. SIXTH ST., SUITE 100
CORONA, CA 92879
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
A STEADFAST INSURANCE COMPANY
COMPANY
B
COMPANY
C
COMPANY
D
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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
D I
RI TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDIYY)
POLICY EXPIRATION
DATE (MM/DDY) /Y
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
$ 2,000,000
X I COMMERCIAL GENERAL LIABILITY
SC0369203701
SEP 28 02
SEP 28 03
PRODUCTS-COMPIOP AGG.
$ 1,000,000
CLAIMS MADE Fx� OCCUR.
OWNER'S & CONTRACTOR'S PROT.
—�
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE(Any One Fire)
$ 50,000
MED. EXPENSE(Any One Person
$ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
(Per Person)
$
—j ALL OWNED AUTOS
— SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
i
BODILY INJURY
(Per Accident)
$
ISSUED IN LIE
OF CERTIEICA
E
PROPERTY DAMAGE
� $
GARAGE LIABILITY
ANY AUTO
DATED ��� ' Ca R
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
I
AGGREGATE
$
EXCESS LIABILITY -�--
-- --�—
J!
EACH OCCURRENCE
$
!UMBRELLA FORM
AGGREGATE
$
BOTHER THAN UMBRELLA FORM
' WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY
j THE PROPRIETOR! INCL
PARTNERS/EXECUTIVE
j OFFICERS ARE: EXCL
AP
jE
ROVED AS To
NIFER McGRA
I
i
, City Amy
e,r way' �
STATUTORY LIMITS
EACH ACCIDENT
$
DISEASE -POLICY LIMIT
$
DISEASE -EACH EMPLOYEE
$ '
OTHER By Pa D'
- t-ditty fey --
DESCRIPTION OF OPERATIO NS/LOCATIONSNEHICLESISPECIAL ITEMS
BEN'S ASPHALT, INC. AND THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE
NAMED AS ADDITIONAL INSURED PER THE ENDORSEMENT ATTACHED.
PROJECT: #03500, WARNER AVE STREET IMPROVEMENTS - CC1149 FROM SPRINGDALE STREET TO BEACH
BLVD., STPL 5181(136) & NEWLAND IMPROVEMENTS CC1157 FROM HAMILTON AVE TO ATLANTA AVE STPL 5181(
137).
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
10-DAY NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM
ZUP1gCH
Steadfast Insurance Company
Named Insured: ELITE BOBCAT SERVICE, INC. POLICY #SC0369203701
Additional Insured - Premises/Ongoing Operations
TMS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the :
Commercial General Liability Coverage Part
Who is an Insured (Section Ili) is amended to include as.an insured any person or organization for whom you are
performing operations when you are required by a specific written contract to add such person or organization as an
additional insured on your policy. Such person or organization is an additional insured only with respect to liability or any
demand for "damages" arising out ofpremises or ongoing operations and caused by the nebligentperformance of "your
world' for that insured. A person's or organization's status as an insured under this endorsement ends when your operations
or "your work" for that insured are completed _
The insurance afforded the additional insured does not apply to liability or any demand for "damages";
a. arising out of the "products/completed operations hazard"; or
b. in the event of sole negligence of the additional insured_
The insurance provided by this endorsement is no broader than the insuring agreement of this policy and may not be the
same terms as required by your contract.
Countersigned
Authorized Representative
STF-CGL-1645C CW (3/02)
• 7 -i Jt i�
Waiver of SRC ad on
THE CITY OF RT3NTINGTON SRACSs ITS AGENTS, OFFICERS® AND EMPL4/iM
'I
2000 MAIN STREET
P�gy���y0 Sol
190 pt p Aqp ryO9 gg �! �p
HUNTINGTON BEACH, CA 92648
t
W-CCiYAM A CV (7M)
rmr�•..•' INtiU V NCE .i '. t 6n :'�. r- • ISSUE DATE
-PRODUCER S CE FICATE IS Iss ,.J AS A MATTE OF INFORINPATION ONLI
SHERIIAAN � PARENT INSURANCE OROKERS, LLC COI. ERS 0 RIGHTS UP�N THE CERTIFICATE HOLDER.wTHIS CER'
4770 CAMPUS DRIVE SUITE 100 0 F.S N0 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED
NEWPORT BEACH, CA 02060 POLICIES BELOW.
(049) 660-3700 •
FAX (949) 66"777 COMPANIES AFFORDING COVERAGE
ELITE BOBCAT SERVICE INC.
1320 E. SIXTH ST., S,UITE 100
CORONA, CA 92879
cc TYPEOFSNSU"mcE
LTA
GENERAL LIABILITY
Cah1MERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUFL
OWNER'S 6 CONTFACTORT PROT.
ANY AUTO
ALL GY401 AUTOS
SCNEOULIM AUTOS
'i
HIRED AUTOS
i NGN-OWNEO AUTOS
AUTO
LIM614EU•A FORM
)MR THAN UMBReW1 FORM
tKER`S COMPENSATION AN
LOYERS' UABILM
ROPRI p� tNCL
ARTCUTNe
PEXCL
A
COMPANY
B PEERLESS INSURANCE COMPANY
COMPANY
C
COMPANY
D
POLICY NUMBER POLICY EFPeCTIYB p"Y emmi top
DATE (MWOM" PAW IMWDDIIYI
CBP9575282
AUG 2102 AUG 2103
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LIMITS
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P E•6ACMEMPL01fI:E 6
RE: CITY OF HUNTINGTON BEACH
PROJECT #: 03534, SPEER AVENUE AND LIBERTY AVENUE STREET IMPROVEMENTS PROJECT CASH CONTRACT
NO.1142
CITY OF HUNTINGTON BEACH
10 MAIN STREET
.✓,J BOX 190
HUNTINGTON BEACH, CA 92648
4HRIV666diiIVlr ••"KD ANY 1j p� p�T•' ���
30
UING
pAH.URE o pWOSPORME
0AVRATIOND" &J�M'NO17C AI FMM'o8E_�pI o%Nwa7IO To TmtU18Aa of
ANY KIMP UP004 TtM COMPANY, ITS AGENTS OR AFJ30 SErI'PArIVa
IWYNOTICE OF CANCELuA=N APPLES FOR NON•PAYp46NTOFPREMiUM
I InI.�..V •LYVJ V•VJf'll.
4770 CAMmus Dtetva
SUITT 300
NRwFon OEaeti
CALIFORNIA 92660
(949) 600.3700
•-,,k57MtLE (949) 660•3777
L►tts t No. 0003912
g-d
P
I February 11, 2003
Re: Mite pabcat Service, Inc.
Police: SC® 3692037-01
To Whom. It May Concern:
Certificate holders for cartain jobs perfornzed by the above captioned Insured
require the cancellation wording for their certificate of insurance be amended
to exclude the "endeavor to.,...but failure to....." wording contained in the
cancellation clause.
In the event of cancellation for any reason, Sherman/Parent Irnsia=ce
Brokers, LLC will be responsible for notifying the certificate holders in
advance of the cancellation date, as Steadfast Insurance Company will not
allow alteration of the cancellation clause on the certificates of i=u=ce.
I
Sincerely,
-Roberr J. Parent
Managing Member
RTP/caa
i
46ST VL C OIL,
40BO6 uo%3u3%wnH R%ao 412:Op sn as 6LP.i
Page 1 of 1
Mendoza, Christi
From: Mendoza, Christi
Sent: Tuesday, May 20, 2003 8:36 AM
To: 'callanach@shermanparent.com'
Subject: RE: Elite Bobcat Service Certificate
Importance: High
The info for the waiver you provided is perfect but, I still need the add'I insured endorsement page naming the City
of Huntington Beach, its agents, officers and employees.
-----Original Message -----
From: Mendoza, Christi
Sent: Tuesday, May 20, 2003 8:09 AM
To: 'callanach@shermanparent.com'
Subject: RE: Elite Bobcat Service Certificate
perfect
-----Original Message -----
From: Carolyn Allanach [mailto:callanach@shermanparent.com]
Sent: Tuesday, May 20, 2003 8:12 AM
To: cmendoza@surfcity-hb.org
Subject: FW: Elite Bobcat Service Certificate
-----Original Message -----
From: Carolyn Allanach [mailto:callanach@shermanparent.com]
Sent: Monday, May 19, 2003 4:52 PM
To: cmendoza@surfcityhb.org
Subject: Elite Bobcat Service Certificate
Per your request, following is the information you requested.
RE: Project #03534, Speer Avenue and Liberty Avenue Street Improvements NO. 1142.
Job description: Road widening - install curb & gutter
Contract amount: $250,000.00
Time frame: 45 to 90 days
Please confirm the certificate of insurance is now in compliance with the City of Huntington Beach.
Thank you.
Carolyn Allanach
Customer Service Assistant
5/20/2003
0
000''
INSURANCE AND INDEMNIFICATION WAI ER
IJB;
MODIFICATION REQUEST
1. Requested by: Robert Martinez%Public Works
2. Date: May 20, 2003
3. Name of contractor/permittee: Elite BobCat Service Inc
4. Description of work to be performed: Road widening, install curb & gutter
5. Value and length of contract: $250,000; 45-90 days duration
6. Waiver/modification request: $5K GL deductible & cancellation clause wording
7. Reason for request and why it should be granted: Unable to comply with zero deductible
and cancellation clause wording requirements
8. Identify the risks to the City in approving this waiver/modification: None.
Department Head Signature Date:
APPROVALS
i
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1 Risk Management
proved El Denied
Signature Date
2. City Attorney's Office
Approved ❑ Denied
Signature I D to
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
CERTIFICATE OF INSURANCE ISSUE DATE
05/12/2003
SHERMAN / PARENT INSURANCE BROKERS, LLC
4770 CAMPUS DRIVE SUITE 100
NEWPORT BEACH, CA 92660
(949) 660-3700
FAX (949) 660-3777
ELITE BOBCAT SERVICE INC.
1320 E. SIXTH ST., SUITE 100
CORONA, CA 92879
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AIUIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
C
CUMPANIES AFFORDING CUVERAGE
A STEADFAST INSURANCE COMPANY
:COMPANY
B
ICOMPANY
C
D
;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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
0 `,
_R! TYPE OF INSURANCE
POLICY NUMBER I
(
POLICY EFFECTIVE ; POLICY EXPIRATION
DATE (MM/OD/YY) I DATE (MM/DO/YY) I
LIMITS
1 GENERAL LIABILITY
I-
X COMMERCIAL GENERAL LIABILITY
—� CLAIMS MADE j OCCUR
1 OWNER'S & CONTRACTOR'S PROT.
SC0369203701
I
I
SEP 28 02 (` SEP 28 03
I
i
GENERAL AGGREGATE Is
2,000,000
PRODUCTS-COMPIOP AGG. 1 S
1,000,000
PERSONAL & ADV INJURY Is
1,000,000
EACH OCCURRENCE s
1,000,000
FIRE DAMAGE(Any One Fire) is
50,000
ME0. EXP NSE(Any One Persona s
5,000
,AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
: SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
I ISSUED IN LIE
i
I
i
ul F OF CERTIFICATE
COMBINED SINGLE LIMIT
is
BODILY INJURY
(Per Person) i s
BODILY INJURY
;s
(Per Accident)
PROPERTY DAMAGE `$
GARAGE LIABILITY
ANY AUTO
j� 'j l
AUTO ONLY - EA ACCIDENT I $
OTHER THAN AUTO ONLY:
I
EACH ACCIDENT Is
AGGREGATES
EXCESS LIABILITY
Ii UMBRELLA FORM
!OTHER THAN UMBRELLA FORM
-' -
i
j ! I
! i
EACH OCCURRENCE
I s
AGGREGATE S
WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY'
THE PROPRIETOR/
THE INCL
! OFFICERS
{OFFICERS ARE: EXCL
! APPROVEll AS TO FbKM
jE NIFER ricC}RA'I'H C �y��_,_u
r l# AftamW
i Q e�%
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STATUTORY LIMITS
EACH ACCIDENT
s
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DISEASE -POLICY LIMIT Is
DISEASE -EACH EMPLOYEE S
j OTHER
y Pa D'
i
Aiiuit city7dGiiiij
DESCRIPTION OF PERATIONSILOCATIONSNEHICLES/SPEU!AL Istws
BEN'S ASPHALT, INC. AND THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE
NAMED AS ADDITIONAL INSURED PER THE ENDORSEMENT ATTACHED.
PROJECT: #03500, WARNER AVE STREET IMPROVEMENTS - CC1149 FROM SPRINGDALE STREET TO BEACH
BLVD., STPL 5181(136) & NEWLAND IMPROVEMENTS CC1157 FROM HAMILTON AVE TO ATLANTA AVE STPL 5181(
137).
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAUL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
10-DAY NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM
ZURICH
Steadfast Insurance Company
Namedlmured: ELITE BOBCAT SERVICE, INC. POLICY #SC0369203701
Additional Insured - PremiseslOngoing Operations
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
Who is an Insured (Section II) is amended to include as an insured any person or organization for whom you are
perfoarung operations when you are .required by a specific written contract to add such person or organization as an
additional insured on your policy. Such person or organization is as additional insured only with respect to liability or any
demand for "damages" arising out of premises or ongoing operations and caused by the negligent performance of "your
wow' for that insured. A person's or organimtion's status as an insured under this endorsement ends when your operations
or "your worm" for that insured are completed. _
The insurance afforded the additional insured does not apply to liability or any demand for "damages";
a arising out of the "produc&completed operations hazard"; or
b. in the event of sole negligence ofthe additional insured.
The insms ce provided by this endorsement is no broader than the insuring agreement of this policy and may not be the
same terms as required by your contract
Countersigned
Authorized Representative
S F-CGL-1645C CW (3, Q'-)
ZuRICH
Steadfast Insurance Company g� ��}��
• �i..iCY irBB. DA'CE EX?..i%41E X"- DATE PRODUCER
IDA-T J CER
WZMM
SCO36 92Q37U 9/2Aj02 75-4M6 q 0
NAMM V ` • ELITE BC2 aT
EMOR,SEMZNT 13O3LIC:%•. FLEA Z I?EAII IT CAFJUULLY
I"1===provided by this policy evM be pthrmy IrA bm=7 iw W; but CWY as rmpc= a daim,1= or
Sability arising cut of W=6d a Or wa& as beb% of a pes= ce arga cis sbcwa as an Add tal In=.Cd
trades• this goiiy and pcdb a wader sa 0==c d c=a=e bccw= I= tad sco3. 8=oz or awn, that xeTnirm Y=
• to stt& pt=ry aid aad to hi s ltte as as addwaaal ins:z *L
THE CITY OF MMINGTOR BEACH, ITS AGENTS, OFFICERS AND EMPLOMS
2000 MAIN STREET
P 0 BOX I90 .
HUNTINGTON BEACH, CA 92648
MAY.20.2003 0:05AM C
4
M
r+u.I7z� r.SJtl
C .
Z V RICH
L, Steadfast Lusurance Company
1'OUCY EFF. DATE EXP. DATE I EFF. DATE I PRCER DATE
NUMBER OF POLICY OF POLICY OF ii'1MT. NUMBER TYPED
SCO 36M7-01 09RSf02 0912&103 09a=2 75409056 12J19m
NAT sW E SLMM1 Ebte ]Bobcat Service, In&
Waiver of Subrogation Al t)
This eadomement modifies insurance provided under the:
Camel General Liability Coverage Pat
Products -Completed Operations Liability Coverage Pad
The following is added to Section IV, Conditions, paragraph 13, Transfer of Your Rights and Duties Under This
Policy:
"" •►ou are required by a written contract or a1pument, which is executed before a loss, to waive your sigbts of
every from othem, we agme to waive of rights of recovery. This waiver of rights applies only with respect to the
above contract(s) and shall not be construed to be a waiver with respect to any other opmaiions in which the insured
has no asatracbW interest.
TSE CITY OF H It1GTON BEACH, ITS AGENTS, OFIFICERS, AND BMPLOYEES �
2000 MAIN STREET
P 0 BO% 190
HUNTINGTON BEACH, CA 92648
Countersiped
I
i
i
SMML,16M a Cw p1%1 i
ITV.—#RANCE.
-pRoDUcFR - - 77177 THIS C£RTIFIGATE IS ISSUED AS A MATTE
SHERMAN I PARENT INSURANCE BROKERS, LLC CONFERS �10 RIGHTS UPON THE CERTiFli
4770 CAMPUS DRIVE SUITE 100 DOES NO AMEND, FX FND ORALTER TH
NEWPORT BEACH. CA 92660 POLICIES BELOW.
(949)660-3700 I
• FAX (949) 660.3777 COMPANIES A FORDINQ C
`...' " of :•:..� ...
A
"' wn.- COMPANY
ELITE BOBCAT SERVICE INC.
I
B PEERLESS INSURANCE COMPANY
COMPANY
1320 E. SIXTH ST., SUITE 100 c
CORONA, CA 92879 f COMPANY
1 D
ISSUE DATE
W4 54PC3
OR
UIT3 SQ% MAY
TE
:D
TYPE OF WSUiiANCE
TR
POLICYfAJMeER
Pet(GrEfFecTivE
CATE (i+1M+ac"
pOLlCYEYp$lATIoN
CATS IWK%XW YI
LIMITS
GENERAL
AUTOMOBILE
/
LIABILITY
COMMBRCAL GENEFAL Lµa MTY
CLAW (MADE L.7 OGCUfL
ONMERS S CON rpALTOR'S PROT.
LIABILITY
ANY AUTO
ALL CWNM AUTOS
SCHEDULED AUTOS
HMO AUTOS
NCWM;EOAUTOS
CBP°515262
_
AUG 2102
AUG 21 03
_
_
GEHERALAGGREGRTE
3
PRCaUCTrrCQ MFMP AGe
3
PERSONAL fU ACV INJURY
I
EACk} OCGU7RREKCf:
8-
FIRE CA14A"W7 one f o1
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no PwW
cora�a a•Ncle LIAR'
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8CC(LT UNmy
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$ �^
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(PWA=
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PfTY RNMAQ6
8 .
GARAGE ►.IABILITY
ANY AUTO
S LI
77 1R+18P8LUAPORM
YM3RTHA44UM8RIILLAfORM
WORKER`S COMPENSATION AND
EMPLOYERS' UASIUIY
THE PRO RIfTMTNE 1 �'
0fFICERS ARI: =L
AUTO ONLY -MACCIDEryT
$
CTM" T}iAN AU FTO ONLT:
EACHACCMW
5
AGGREGATE
EActy OCCUFAgKE
8
I
AGGRREGATE
I
SPATUTORYLIIMITS
EACH ACCIpeiT -
I
C13W&FE LWrr
P4EAGE•f:AC)i EMPLMB
I
OTHER
.GdYnlr ll�� Vi`XG/MIwI\WWrAl Nilw�Vnlb VG�ir Gi..^1. 1+�0
RE: CITY OF HUNTINGTON BEACH
PRO.IECT M 03534, SPEER AVENUE AND USERTY AVENUE STREET IMPROVEMENTS PROJECT CASH CONTRACT
NO.1142
CITY OF HUNTINGTCN BEACH
10 MAIN STREET
.1, BOX 190
HUNTINGTON BEACH, CA 92648
%.AMbc66A I Wir 6�g
TIONDA
DING
MrsW COP NNOTICQ+� BA� SBEo OPfltti O TO'THa Llf U�
t0 U SENTATIVES,
14CAY NCTTCE CP W"LUTION APPI E 3 FOR MON•PAYMEK CF MIKLIM
,m,.LV, LNVJ u•V.lrO�
v ,
u�
:� 1,Y5t7RZ"iCl: eA0KLA5, LLC
t
4770 CAMNS DRIVE
Sum 300
Wwmv BrACH
CALIMANTA 92660
P49) 6611.3700
�,tS7HiLE (949) 660-3777
GCWE INC. 0003912
9-d
i
February 11, 2003
Re: Elite apbcat Service, Inc.
Policy: SCO 3692037-01
To Whom It May Concern:
Certificate hold= for certain jobs perforrmpd by the above captioned Insured
require the cancellation wording for their certificate of insurance be amended
to exclude the "endeavor to. —.but failure to....." wording contained in the
cancellation clause.
In the event of cancellation for any reason, Shermaa/Pareat Insurance
Brokers, LLC will be responsible for notifying the certificate holders in
advance of the cancellation date, as Steadfast Insurance Company will not
allow alteration of the cancellation clause on the certificates of i=ur=ce.
Sincerely,
1A4441-
Robert J. Patent v
Managing Member
RJP/caa
46ST 04C OIL
I
y®eag uo%Su14unH S%to a12 rt'o tr n Ps MP 1.1
Page 1 of 1
Mendoza, Christi
From: Mendoza, Christi
Sent: Tuesday, May 20, 2003 8:36 AM
To: 'callanach@shermanparent.com'
Subject: RE: Elite Bobcat Service Certificate
Importance: High
The info for the waiver you provided is perfect but, I still need the add'I insured endorsement page naming the City
of Huntington Beach, its agents, officers and employees.
-----Original Message -----
From: Mendoza, Christi
Sent: Tuesday, May 20, 2003 8:09 AM
To: 'callanach@shermanparent.com'
Subject: RE: Elite Bobcat Service Certificate
perfect
-----Original Message -----
From: Carolyn Allanach [mailto:callanach@shermanparent.com]
Sent: Tuesday, May 20, 2003 8:12 AM
To: cmendoza@surfcity-hb.org
Subject: FW: Elite Bobcat Service Certificate
-----Original Message -----
From: Carolyn Allanach [mailto:callanach@shermanparent.com]
Sent: Monday, May 19, 2003 4:52 PM
To: cmendoza@surfcityhb.org
Subject: Elite Bobcat Service Certificate
Per your request, following is the information you requested.
RE: Project #03534, Speer Avenue and Liberty Avenue Street Improvements NO. 1142.
Job description: Road widening - install curb & gutter
Contract amount: $250,000.00
Time frame: 45 to 90 days
Please confirm the certificate of insurance is now in compliance with the City of Huntington Beach
Thank you.
Carolyn Allanach
Customer Service Assistant
MIP
V"
CITY 01 .IUNTINGTON BEACH _ RL5 No.,
REQUEST FOR LEGAL SERVICES Assn To
Gail Hutton, City Attorney Date
1�1
Date:
Request made by:
Telephone: N 7
Department:
5/6/03
Robert A. Martinez
DA J x--54 3--"
Public Works
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ❑ Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ® Bond
❑ Meeting ® Contract/Agreement ❑ Deed
❑ Court Appearance ❑ Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ® Yes ❑ No
Unless otherwise specified herein, I
If not for Council action, consent to the disclosure of e
If for City Council action, desired completion date: information gontaine4in this Rt_S all
members f Cit .1 1
Agenda Deadline
Council Meeting 5/12/03 Signature oVIDepa4inent Head
COMMENTS
Please review and approve "As To Form" the attached Bonds and attached
documents from Elite Bobcot Service (EBS, Inc.) for the Speer Avenue and Liberty
Avenue Improvements, CC# 1142. ea
�gD
Attached are the following: NAY 0 8 20D3
Ci
for
e.v's 88acg
1, Public Works Contract, original copy���
2. Faithful Performance Bond, # 5443766, one set
3. Labor and Materials Payment Bond, # 5443766, one set
Routing:
❑ GCH
❑ PDA
❑ LBSL
IF]
TO JF
❑ ADL
❑ SF
❑ JM
❑
This Request for Legal Services has been assigned to attorney ,
extension . His/her secretary is , extension
Notes:
File Name:
Date Completed:
RI , fnr Rnnr z RIA190M 19-09 PAA
BPS- S D,O
0TY OF HUNTINGTON BEACH /-T a� �� -,�O,oLA)
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-016
Council/Agency Meeting Held: Y- 9-0 3
Deferred/Continued to:�
/Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: April 7, 2003
4-0-1
Department ID Number: PW 03-016
(_sail.Ll*r-Ax CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS N'
SUBMITTED BY: RAY SILVER, City Administrator o2n,,""
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
o,
`DAVID C. BIGGS, Director of Economic Development
SUBJECT: AWARD SPEER AVENUE AND LIBERTY AVENUE STRE rT
IMPROVEMENT PROJECT, CC1142
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Bids for the Speer Avenue and Liberty Avenue Street Improvement
Project, CC-1142 were received and opened publicly on March 4, 2003. Staff recommends
award of the contract to Elite Bobcat Service, Inc., the lowest responsive and responsible
bidder.
Funding Source: Sufficient project funds are available from CDBG FY 1999/2000, Street
Improvements, Account No. 86290006.82300 and Measure M, Miscellaneous Streets,
Account No. 21390006.82300.
Recommended Action: Motion to:
1. Accept the lowest responsive/responsible bid submitted by Elite Bobcat Service, Inc. in
the amount of $249,580 for the Speer Avenue and Liberty Avenue Street Improvement
Project, CC1142; and,
2. Authorize the Mayor and City Clerk to execute a construction contract with Elite Bobcat
Service, Inc., Inc. in substantially the same form as the attached sample construction
contact.
Alternative Action(s): Direct staff not to move forward with the project at this time. This
action may result in the forfeiture of unencumbered CDBG funding.
03-016 April 07 Broussard (Speer&Liberty Award).doc -2- 3/18/2003 10:26 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-016
Analysis: This project will provide street improvements to Speer Avenue and Liberty
Avenue, located within the Oak View Enhancement Area. The improvements will include
street widening, curb and gutter, sidewalk and landscaping to align with existing properties
whose frontages are fully improved.
On February 3, 2003, the City Council authorized the advertisement of bids for this project
and on March 4, 2003, bids were opened. The bids are summarized below in ascending
order:
Bidding Contractor
Bid Amount
1.
Elite Bobcat Service, Inc.
$249,580.00
2.
Palp, Inc
$265,152.10
3.
Sequel
$273,968.20
4.
Alliance Streetworks
$274,183.65
5.
EMAE International
$282,499.00
6.
Shawnan
$282,609.00
7.
All American Asphalt
$317,317.00
8.
Silvia
$332,676.20
9.
RJ Noble
$368,097.32
10.
Nobest, Inc.
$392,049.00
11.
Bens Asphalt
$430,252.45
The lowest responsive/responsible bidder was determined to be Elite Bobcat Service, Inc.
References were reviewed with favorable results; therefore, staff recommends that the
Council accept the bid.
Public Works Commission: The Public Works Commission reviewed and approved this
project on November 20, 2002, by a vote of 6-0-1 (Commissioner Mason was absent).
Environmental Status: This project is Categorically Exempt pursuant to the California
Environmental Quality Act, Section 15301 (C).
Attachment(s):
RCA Author: T Broussard:jm
03-016 April 07 Broussard (Speer&Liberty Award).doc -3- 3/18/2003 10:26 AM
ATTACHMENT #1
---CT
FION
LOCATION MAP
N.T.S.
CC1142A0CAn0N.DWG
SPEER & LIBERTY AVENUE IMPROVEMENTS
ATTACHMENT
#2
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK
GRANT CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
2
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
2
3.
COMPENSATION
4
4.
COMMENCEMENT OF PROJECT
5
5.
TIME OF THE ESSENCE
5
6.
CHANGES
5
7.
NOTICE TO PROCEED
6
8.
BONDS
6
9.
WARRANTIES
7
10.
INDEPENDENT CONTRACTOR
7
11.
LIQUIDATED DAMAGES/DELAYS
7
12.
DIFFERING SITE CONDITIONS
9
13.
VARIATIONS IN ESTIMATED QUANTITIES
10
14.
PROGRESS PAYMENTS
11
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
11
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
12
17.
WAIVER OF CLAIMS
12
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
12
19.
WORKERS' COMPENSATION INSURANCE AND EMPLOYERS'
LIABILITY INSURANCE
13
20.
INSURANCE
13
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
14
22.
DEFAULT & TERMINATION
15
23.
TERMINATION FOR CONVENIENCE
16
24.
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
16
25.
NON -ASSIGNABILITY
16
26.
CITY EMPLOYEES AND OFFICIALS
17
27.
STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
17
28.
NOTICES
17
29.
SECTION HEADINGS
18
30.
IMMIGRATION
18
FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT CONSTRUCTION CONTRACT
TABLE OF CONTENTS, continued
Page No.
31.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
18
32.
ATTORNEY'S FEES
19
33.
INTERPRETATION OF THIS AGREEMENT
19
34,
GOVERNING LAW
20
35.
DUPLICATE ORIGINAL
20
36.
CONSENT
20
37,
COMPLIANCE WITH APPLICABLE REGULATIONS
20
38.
MINIMUM WAGES
22
39.
PREVAILING WAGE LAW
25
40.
WITHHOLDING
25
41.
HEALTH AND SAFETY
26
42.
PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
27
43.
APPRENTICES AND TRAINEES
27
44.
PAYROLLS AND BASIC RECORDS
29
45.
WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES
32
46.
SUBCONTRACTS
32
47.
FEDERAL PARTICIPATION
32
48.
DAVIS-BACON ACT
33
49.
DISPUTES CONCERNING LABOR STANDARDS
33
50.
CERTIFICATION OF LIABILITY
33
51.
DISCRIMINATION, MINORITIES, ALIENS
34
52.
EQUAL EMPLOYMENT OPPORTUNITY
..34
53.
COPELAND "ANTI -KICKBACK" ACT
35
54.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
35
55.
IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION POLLUTION CONTRACT ACT
..36
56.
ENERGY CONSERVATION
..37
57.
HOUSING AND URBAN DEVELOPMENT
37
58.
SUBCONTRACTS
37
59.
CONTRACT TERMINATION; DEBARMENT
38
60.
COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
38
61.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
OVERTIME REQUIREMENTS
38
62
ENTIRETY
39
2
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK
GRANT CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") made and entered into this day of
20 , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
a California
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as
in the City of Huntington Beach; and
The PROJECT to which the construction work covered by this Agreement pertains is
being assisted by the United States of America and Federal Labor Standards Provisions are
included in this Agreement pursuant to the provisions applicable to such Federal assistance.
Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24,
Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -
Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-
agree/forms/federal CDGB 11/14/01 1
income persons, particularly persons who are recipients of HUD assistance for housing; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements
hereinafter made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and
expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items,
services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising out
of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the
action of the elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description in connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and
for well and faithfully completing the work within the stipulated time and in the manner shown
and described in this Agreement, and in accordance with the requirements of CITY for the
compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below in
a.-ree/formslfederal CDGB 11/14/01 2
this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto, written
and promulgated by the Southern California chapter of the American
Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
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E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal, (which is attached hereto
as Exhibit "A" and incorporated herein by this reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not mentioned
in the Specifications, shall be of like effect as if indicated and mentioned
in both. In case of a discrepancy between any Plans, Specifications,
Special provisions, or Addenda, the matter shall be immediately submitted
by CONTRACTOR to the Department of Public Works of CITY
(hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt
to resolve or adjust the discrepancy without the decision of DPW, save
only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ ), as set forth in
the Contract Documents, to be paid as provided in this Agreement.
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4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion
within ( ) consecutive
from the day the Notice to Proceed is
issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
agree/forms/federal CDGB 11/14/01 5
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the prior written order or acceptance
of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been
agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such
cost proposal, the work shall be performed according to the changes ordered in writing by DPW
and the proper cost thereof shall be negotiated by the parties upon cost and pricing data
submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to
CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In the event of a delay in commencement of the work due to unavailability of the job
site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2)
bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the
Agreement price to guarantee the CONTRACTOR's faithfiil performance of the work, and one in
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the amount of one hundred percent of the Agreement price to guarantee payment of all claims for
labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of one
hundred percent (100%) of the final Agreement price, including all change orders, to warrant
such performance for a period of one (1) year after CITY`s acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this Agreement
including, but not limited to, any workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect
in the work, shall have the option to make appropriate repairs or replace the defective item or
items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or
replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services performed hereunder.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as set
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forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of
Dollars ($ ) per day for each and every working day's delay in completing the
work in excess of the number of working/calendar days set forth herein, which represents a
reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable
damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR
agrees to pay these damages herein provided, and further agrees that CITY may deduct the
amount thereof from any monies due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of
the delay and CITY shall extend the time for completing the work if, in its judgment, the
findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the
parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for
materials required by this Agreement to be furnished by CITY, or by damage caused by fire or
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other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in no way caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days CONTRACTOR has thus been
delayed, but no allowance or extension shall be made unless a claim therefor is presented in
writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of materials by CITY or delays by
other contractors or subcontractors, will be allowed and an extension of time for completion
shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions are
disturbed, notify DPW in writing of:
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract
Documents; or
(2) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent to work of the character to be
performed under this Agreement. DPW shall promptly investigate
the conditions and if it finds that such conditions do materially so
differ and cause an increase or decrease in the time required for
performance of any part of the work under this Agreement,
agree/forms/federal CDGB 11/14/01 9
whether or not changed as a result of such conditions, an equitable
adjustment shall be made and the agreement modified in writing
accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall be
allowed unless CONTRACTOR has given the notice required hereunder
provided, however, the time prescribed therefor may be extended by
CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to CONTRACTOR will be made only for the actual quantities of Agreement items used in
construction of the PROJECT, in accordance . with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order
an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the
actual quantities used in construction of the PROJECT are in variation to the quantities listed in
the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its sole judgment the findings warrant.
agree/forms/federal CDGB 11/14/01 10
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder of the progress estimate, less the amount of all
previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW
finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such
sum as will bring the payments of each month up to one hundred percent (100%) of the value of
the work completed since the commencement of the PROJECT, as determined in its sole
discretion by DPW, less all previous payments and less all previous retained amounts. CITY's
final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be
made thirty-five (35) days after the acceptance of the work and the filing of a Notice of
Completion by CITY. Payments shall be made on demands drawn in the manner required by
law, each payment to be accompanied by a certificate signed by DPW, affirming that the work
for which payment is demanded has been performed in accordance with the terms of the
Agreement and that the amount stated in the certificate is due under the terms of the Agreement.
Partial payments on the Agreement price shall not be considered as a acceptance of any part of
the work.
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon, CITY shall permit the
agree/forms/federal CDGB 11/14/01 11
substitution and deposit therewith of securities equivalent to the amount of any monies withheld
by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed,
all firms supplying materials and all subcontractors working upon the PROJECT have been paid
in full and that there are no claims outstanding against the PROJECT for either labor or material,
except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed
claims, or items in connection with Notices to Withhold, which have been filed under the
provisions of the statutes of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and
against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and
consequential damage or liability of any kind or nature, however caused, including those
resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's
property, arising directly or indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, caused in whole or in part by any negligent act or omission of the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, including but not limited to concurrent active
agree/forms/federal CDGB 11/14/01 12
or passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
CONTRACTOR.
19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of this Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation and employer's liability
insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of
the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage covering
agree/forms/federal CDGB 11/14/01 13
the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents
while acting within the scope of their duties, against any and all claims arising out or in
connection with the PROJECT, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of One Million Dollars
($1,000,000) per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than One Million Dollars
($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed
officials, employees, agents, and volunteers as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the PROJECT shall be
deemed excess coverage and that CONTRACTOR's insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; the certificates shall:
1. provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
agree/forms/federal CDGB 11/14/01 14
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
the policies of insurance. CONTRACTOR shall pay, in a prompt and timely mamler, the
premiums on all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected
and appointed officials, employees, agents and volunteers as Additional Insureds, to the City
Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing
of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days
after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice
to any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such
event CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to become due to CONTRACTOR.
agree/forms/federal CDGB 11/14/01 15
If it is subsequently determined by a court of competent jurisdiction that CITY's
termination of this Agreement under this Section was wrongful, such termination shall be
converted to a termination for convenience under Section 23 and any damages shall be assessed
as set forth in Section 23.
23. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without
cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written
notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay
CONTRACTOR for value of work in place on the PROJECT through the termination period plus
seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made.
Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by
CITY for its convenience and CITY shall have no further obligation to CONTRACTOR.
24. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
25. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
agree/forms/federal CDGB l 1/l4/01 16
26. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the California Government Code.
27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar
legal document. This obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is
named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or
expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this
Agreement.
28. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove)i,or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates or other communications will be
sent:
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TO CITY:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
29. SECTION HEADINGS
TO CONTRACTOR:
The titles, captions, section, paragraph, and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of maters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
30. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of United States Code Section 1324a regarding employment verification.
31. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
a.-ree/forms/federal CDGB 11/14/01 18
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
32. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's
fees from the non -prevailing party.
33. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
aaree/forms/federal CDGB 11/14/01 19
34. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
35. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
36. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to any
subsequent occurrence of the same or any other transaction or event.
37. COMPLIANCE WITH APPLICABLE REGULATIONS.
The parties to this Agreement agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3. As evidenced by their execution of this Agreement, the
parties to this Agreement certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's representative of the
CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference,
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shall set forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the persons taking
applications for each of the positions; and the anticipated date the work shall begin.
CONTRACTOR agrees to include the Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135.
CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the Agreement is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135
require employment opportunities to be directed were not filled to circumvent the
CONTRACTOR's obligations under 24 CFR part 135.
CONTRACTOR agrees and understands that noncompliance with HUD's
regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for
default, and debarment or suspension from future HUD assisted contracts, and
With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts
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and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but in derogation of compliance with
Section 7(b).
38. MINIMUM WAGES
All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the
CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be constructively made or incurred during
such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without
agree/forms/federal CDGB 11/14/01 22
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein; provided that the employer's payroll records
accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under 29 CFR
Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the
CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible
place where it con be easily seen by the workers.
Any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the Agreement shall be classified in conformance with the
wage determination. HUD shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
If the CONTRACTOR and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
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representative, will approve, modify, or disapprove every additional classification action within
30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within
the 30-day period that additional time is necessary. (Approved by the Office of Management
and Budget under OMB control number 1215-0140.)
In the event the CONTRACTOR, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in
the classification under this Agreement from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the Agreement for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
If the CONTRACTOR does not make payments to a trustee or other third person,
the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of
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any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program;
provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR,
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the CONTRACTOR to set aside in a separate account assets for the meeting of
obligations under the plan or program (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
39. PREVAILING WAGE LAW.
The CITY has ascertained from the U. S. Department of Housing and Urban
Development ("HUD") the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime work in the locality in which the work is to be performed for
each craft or type of work needed to execute this Agreement, and the same has been set forth by
resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any
subcontractor under it shall pay not less than said prevailing wage rates to all workers employed
on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to
every employee.
40. WITHHOLDING.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
CONTRACTOR under this Agreement or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of
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wages required by the Agreement. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the Agreement,
HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after
written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the
CONTRACTOR or subcontractor to the respective employees to whom the are due. The
Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act
contracts.
41. HEALTH AND SAFETY.
No laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous to his health standards
promulgated by the Secretary of Labor by regulation.
The CONTRACTOR shall comply with all regulations issued by the Secretary of
Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public
Law 91-54, 83 Stat. 96).
The CONTRACTOR shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR
shall take such action with respect to any subcontract as the Secretary of Housing and Urban
Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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42. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE.
Section 1773.8 of the California Labor Code, regarding the payment of travel and
subsistence payments, is applicable to this PROJECT.
43. APPRENTICES AND TRAINEES.
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the
CONTRACTOR as to the entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
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Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and Training, or
a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
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the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a
training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an acceptable program is
approved.
44. PAYROLLS AND BASIC RECORDS.
Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of
the project). Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount
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of any costs reasonably anticipated in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the
Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
The CONTRACTOR shall submit weekly for each week in which any Agreement
work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the
Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to
the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0149.)
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the Agreement and shall certify the following:
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That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the Agreement during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set forth in
29 CFR Part 3;
That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the Agreement.
The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph A.3.(ii)(b) of this section.
The falsification of any of the above certifications may subject the
CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 231 of Title 31 of the United States Code.
The CONTRACTOR or subcontractor shall make the records required under this
section available for inspection, copying, or transcription by authorized representatives of HUD
or its designee or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the CONTRACTOR or subcontractor fails to
submit the required records or to make them available, HUD or its designee may, after written
notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
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failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR Part 5.12.
45. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the CONTRACTOR or subcontractor under
any such contract or any other Federal contract with the same prime contract, or any other
Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime CONTRACTOR such sums as may be determined to be necessary to
satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this paragraph.
46. SUBCONTRACTS.
The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses
set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
Section 44.
47. FEDERAL PARTICIPATION.
The PROJECT pursuant to which the work covered by this Agreement is being
executed is being assisted by the United States of America. Several Agreement provisions
embodied herein are included in this Agreement in accordance with the provisions applicable to
such federal assistance. As federal funds are financing all or part of this work, all of the statutes,
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rules and regulations promulgated by the Federal Government and applicable to the work will
apply, and CONTRACTOR agrees to comply therewith.
48. DAVIS-BACON ACT.
CONTRACTOR agrees to pay and require all subcontractors to pay all employees
on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as
determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section
176a, et seq.) for each craft or type of worker needed to perform this Agreement.
CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
49. DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this Agreement. Such
disputes shall be resolved in accordance with the with the procedures of the Department of Labor
set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, or the employees or their representatives.
50. CERTIFICATION OF ELIGIBILITY.
By entering into this Agreement, the CONTRACTOR certifies that neither it (nor
he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or
firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon
Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
No part of this Agreement shall be subcontracted to any person or firm ineligible
for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR
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5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal
Housing Administration transactions", provides in part "Whoever, for the purpose
of...influencing in any way the action of such Administration ... makes, utters or publishes any
statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
51. DISCRIMINATION, MINORITIES, ALIENS.
CONTRACTOR shall not discriminate nor allow its employees, agents,
principals, or subcontractors to discriminate against any employee or applicant for employment
on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take
affirmative steps to hire local qualified minority individuals when job opportunities occur and
utilize local business firms when possible.
52. DUAL EMPLOYMENT OPPORTUNITY.
The CONTRACTOR will comply with all provisions of Executive Order 11246,
as amended, and 29 CFR Part 30.
The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements.
CONTRACTOR is required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to
ensure equality of opportunity in all aspects of employment.
afree/forms/federal CDGB 11/14/01 34
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)
prohibits job discrimination because of handicap and requires affirmative action to employ and
advance in employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
(38 USC Section 219 et seq. )prohibits job discrimination and requires affirmative action to
comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years
after their discharge and (2) qualified disabled veterans throughout their working life if they have
a thirty percent (30%) or more disability.
To ensure compliance with these requirements, the CONTRACTOR shall provide
the City with its written affirmative action plan prior to commencement of work. The
CONTRACTOR is required to provide the CITY with a listing of its subcontractors together
with a completed affirmative action program from each subcontractor when applicable.
53. COPELAND "ANTI -KICKBACK" ACT.
CONTRACTOR and its subcontractors shall comply with the requirements of 29
CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he is otherwise entitled.
54. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.
The CONTRACTOR shall comply with the provisions of Section 103 and 107 of
the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by
Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each
CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the
basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work
a,-ree/forms/federal CDGB 11/14/01 35
in excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in
excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107
of the Act is applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under construction, safety and health
standards promulgated by the secretary of Labor. These requirements do not apply to the
purchase of supplies or materials or articles ordinarily available on the open market or contracts
for transportation.
As used in this section, the terms "laborers" and "mechanics" include watchmen and
guards.
55. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION CONTROL ACT.
A. CONTRACTOR stipulates that all facilities to be utilized in the
performance of this Agreement were not listed, on the date of contract
award, on the United States Environmental protection Agency (EPA) List
of Violating Facilities, pursuant to 40 CFR 15.20.
B. The CONTRACTOR agrees to comply with all of the requirements of
Section 114 of the clean Air Act and section 308 of the Federal Water
Pollution control Act and all regulations and guidelines listed thereunder.
C. The CONTRACTOR shall promptly notify the CITY of the receipt of any
communication from the Director, office of Federal Activities, EPA,
a.-reefforms/federal CDGB 11/14/01 36
indicating that a facility to be utilized pursuant to this Agreement is under
consideration to be listed on the EPA List of Violating facilities.
D. The CONTRACTOR agrees to include or cause to be included the
requirements of paragraph (a) thorough (d) of this section in every
nonexempt subcontract, and further agrees to take such action as the
Government may direct as a means of enforcing such requirements.
56. ENERGY CONSERVATION.
Agreements with federal participation shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the State energy conservation plan
issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et
seq. ).
57. HOUSING AND URBAN DEVELOPMENT.
CONTRACTOR agrees to comply with any and all rules, regulations, guidelines,
procedures and standards of the United States Department of Housing and Urban Development
and complete any and all reports and forms that may be required in accordance therewith.
58. SUBCONTRACTS.
The CONTRACTOR or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in
29 CFR Part 5.5.
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59. CONTRACT TERMINATION: DEBARMENT.
A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination
of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
60. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES.
No laborer or mechanic to whom the wage, salary, or other labor standards
provisions of the Contract are applicable shall be discharged or in any other manner
discriminated against by the CONTRACTOR or any subcontractor because such employee has
filed any complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable under this
Contract to his employer.
61. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -
OVERTIME REQUIREMENTS.
A. No CONTRACTOR or subcontractor contracting for any part of the
Agreement work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of eight hours in any calendar day or in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at
a rate no less than one and one-half times the basic rate of pay for all
hours worked in excess of eight hours in any calendar day or in excess of
forty hours in such workweek, whichever is greater.
agree/forms/federal CDGB 11/14/01 38
B. Violation; Liability for Unpaid -Wages; Liquidated Damages.
In the event of any violation of the clause set forth in subparagraph (A) of
this paragraph, the CONTRACTOR and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
CONTRACTOR and subcontractor shall be liable to the United States (in
the case of work done under contract for the Distract of Columbia or a
territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (A) of this
paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of eight hours or in
excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
62. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties. No waiver or modification of this Agreement shall be valid unless in
writing duly executed by both parties.
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiations, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
agree/forms/federal CDGB 11/14/01 39
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR
print name
ITS: (circle one) Chairman/President/Vice President
/_ M
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary -Treasurer
INITIAT D AND APPROV D:
REVIEWED AND APPROVED:
Director of Public Works
City Administrator
agree/forms/federal CDGB 11/14/01 40
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-016
Analysis: This project will provide street improvements to Speer Avenue and Liberty
Avenue, located within the Oak View Enhancement Area. The improvements will include
street widening, curb and gutter, sidewalk and landscaping to align with existing properties
whose frontages are fully improved.
On February 3, 2003, the City Council authorized the advertisement of bids for this project
and on March 4, 2003, bids were opened. The bids are summarized below in ascending
order:
Bidding Contractor
Bid Amount
1.
Elite Bobcat Service, Inc.
$249,580.00
2.
Palp, Inc
$265,152.10
3.
Sequel
$273,968.20
4.
Alliance Streetworks
$274,183.65
5.
EMAE International
$282,499.00
6.
Shawnan
$282,609.00
7.
All American Asphalt
$317,317.00
8.
Silvia
$332,676.20
9.
RJ Noble
$368,097.32
10.
Nobest, Inc.,
$392,049.00
11.
Bens Asphalt
$430,252.45
The lowest responsive/responsible bidder was determined to be Elite Bobcat Service, Inc.
References were reviewed with favorable results; therefore, staff recommends that the
Council accept the bid.
Public Works Commission: The Public Works Commission reviewed and approved this
project on November 20, 2002, by a vote of 6-0-1 (Commissioner Mason was absent).
Environmental Status: This project is Categorically Exempt pursuant to the California
Environmental Quality Act, Section 15301 (C).
Attachment(s):
RCA Author: T Broussard:jm
03-016 April 07 Broussard (Speer&Liberty Award).doc -3- 3/18/2003 10:26 AM
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
,AWARD-SPEER AVENUE AND LIBERTY AVENUE
STREET IMPROVEMENT PROJECT, CC1142
COUNCIL MEETING DATE:
April 7, 2003
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
City Clerk
( )
-EXPLANATION FOR RETURN OF ITEM:
RCA Author: T. Broussard
PREMIUM: NIL
Bond No. 3419068
KNOW ALL MEN BY THESE PRESENTS, that we, ELITE BOBCAT SERVICE, INC.
as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws
of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as
surety, are held and firmly bound unto,
THE CITY OF HUNTINGTON BEACH, CA.
as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID
DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed, and dated this 25TH
day of FEBRUARY 20 03
WHEREAS, the said principal is herewith submitting a proposal for
IMPROVEMENTS TO SPEER AVENUE AND LIBERTY AVENUE WESTERLY OF BEACH BLVD.
NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be
awarded the said contract, and shall within sixty ( 60 ) days after receiving notice of
such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference
in money between the amount of the principal's bid and the amount for which the obligee may legally
contract with another party to perform the work, if the latter amount be in excess of the former; but in no
event shall the liability hereunder exceed the penal sum hereof. ELITE BOBCAT SERVICE, INC.
osepn A. 1`4i'si i- IPrincipal
GREAT AMERICAN INSURANCE COMPANY
By �_
Atiornev-in-Fact
DAVID L. CULBERTSON
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On 2/27/03 before me, Sarah D. Allen — Notary Public personally appeared
Joseph A. Nanci personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
i afore of Notary Pub 'c
OPTIONAL
SARAH D. ALLEN
Q Comm. # 1232868
co
Lrl `•" NOTARY PUBLIC - CALIFORNIA D
Q `° San Bernardino County
0 My Comm. Expires August 22, 2003
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.
DESCRIPTION OF ATTACKED DOCUMENT
Bid Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES I DATE OF DOCUMENT 2/25/03
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL FV1 CORPORATE OFFICER President / Secretary
TITLE(S)
❑ PARTNER(S) ATTORNEY -IN -FACT TRUSTEE(S)
❑ OTHER:
SIGNER IS REPRESENTING: Elite Bobcat Service, Inc.
NAME OF PERSON(S) OR EN, =(S)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 2/25/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared DAVID L. CUL13ERTSON personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
LEXIE SHERW
Vi1SCOMM.
COWA # 1311304
NOTARY PUBLIC-CALIFORNIA
Si e of otary Pub11"1lic ORANGE COUNTY 0
EXP. JULY 27, 2005 -
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.
DESCRIPTION OF ATTACHED DOCUMENT
BID BOND
TITLE OR TYPE OF DOCUMENT
R of PAGES ONE DATE OF DOCUMENT 2 / 25 / 03
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL ❑ CORPORATE OFFICER
TITLES)
❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S)
❑ OTHER:
SIGNER IS REPRESENTING• GREAT AMERICAN INSURANCE COMPANY
NAME OF PERSON(S) OR ENTITY(S)
GMATMERICAN INSURANCE COMPANY®
580 WALNUT STREET • CINCINNATI, OHIO 45202.513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
SIX POWER OF ATTORNEY
No. 0 14046
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL
CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED
RICHARD A. COON LEXIE SHERWOOD CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to besigned and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 19th day of June, 2001 before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED. That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf ofthe Company, as surety, anv and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the
respective limits of their authority,• and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature andseal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 25TH day of FEBRUARY 1 2003
}
c-Erg- e bg= G� (mpq-ouemeo�l
CC- 1142,
BID DATE: fflAfILR 4, IAS TIME 2*,w ,m,
Engineer's Estimate: $ 214.E
BID LIST
BIDDER'S N"E
RANK
TOTAL BID "OUNT
$
3.
1t
$
4.
C,
$
50 OOo
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6.
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14.
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15.
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CC- 114 2,
BID DATE: �AfV, ZOOS TIME 2 = OD m,
Engineer's Estimate: $ V4-, L-,)oO
BID LIST
BIDDER'S NAME
RAND
TOTAL BID AMOUNT
1.kL
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$
��� �1� . oD
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®,CITY OF HUNTINGTON
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
MAV 29 2003
Enclosed please find your original bid bond issued by
for _CC- )142 SPEE14 /ZAsYlY AVrz- STREe7
-TNI PRO vsAt--wrs
Connie Brockway, CIVIC
City Clerk
Enclosure
g:/followup/cashcont/returnbidbond.doc
(Telephone: 714-536-5227 )
�. CITY OF HUNTI GTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY
CITY CLERK
,MAY 2 8 , 2003
W-109.7 MEMO. -
Enclosed please find your original bid bond issued by
for CC- 1142 SpE-ER�LL9/---,'VTVAUR-S-i-IQEET
�M��oV�.ME NTS
Connie Brockway, CIVIC
City Clerk
Enclosure
g:/followup/cashcont/returnbidbond.doc
(Telephone: 714-536-5227 )
I.C.W. GROUP
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045
PHONE: (858) 350-2920 FAX: (858) 350-2909
Bond Number: ICW-146
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Alliance Streetworks, Inc. , (hereinafter called the Principal), and Insurance Company of the West
a corporation organized and doing business under and by virtue of the laws of the State of California , and duly licensed for
the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws
of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach
(hereinafter called the obligee) in the just and full sum of Ten Percent of the Total Amount Bid Dollars (S 10% of the Total
Amount 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, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about
to hand in and submit to the obligee a bid or proposal dated 3/4/03 for bid:
Improvements to Speer Ave. and Liberty Ave. Westerly of Beach Blvd., Cash Contract No. 1142
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 Surety have caused these presents to be duly signed and sealed this 3rd
day of March , 2003.
LI-11A
Alliance
Insurance Company of the West
Attorney -in -Fact AtCro Ayala
CITs rY
t = 4
"-
.. N.:.Yy
V 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
3
♦ ; ♦ A ♦ R ♦ / Rd
Enclosed please find your original bid bond issued by
for 1142 SPEe IPA 1Z1R&6UA Vr---S j ReeT
.TA PPOVE-AC-NTS
Connie Brockway, CMC
City Clerk
Enclosure
g:/foIlowup/cashcont/returnbidbond.doc
(Telephone: 714-536-5227 )
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
KNOW ALL MEN BY THESE PRESENTS,
That we, BEN'S ASPHALT, INC.
as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of
Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter
called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Total Amount of Bid Dollars ($ 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:
IMPROVEMENTS TO SPEER AVE. & LIBERTY AVE. WESTERLY OF BEACH
BOULEVARD
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
Signed and sealed this 28TH day of FEBRUARY 2003
N/A .
(Witness)
(Witness)
BENS ASPHALT, I
Johp-,W 8&elfVington/ CFO (Title)
TY AND SURETY COMPANY OF AMERICA
Printed in cooperation with the American Institute of ArchitectsfAIA) by Travelers Casualty and Surety
Company of America. The language in this document conforms exactly to the language used in AIA
Document A310, February 1970 edition.
S-1869-G (07-97)
trm"80'61TY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY
CITY CLERK
• t� ► , • ■ G
Enclosed please find your original bid bond issued by
for z: c- 0 42 SjPEg-R &129—= P AVE • STIPC-e1`
<IMPPOVGAn trS
CALIFORNIA 92648
Connie Brockway, CIVIC
City Clerk
Enclosure
g:/followup/cashcont/returnbidbond.doc
( Telephone: 714-536-5227
r r
�}je!■� St. Paul Fire and Marine Insurance Company
b9 St. Paul Guardian Insurance Company
Surety St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Fidelity and Guaranty Insurance Company
Principal Office'.' 335 Washington Street
St. Paul, Minnesota 55102
Seaboard Surety Company
Principal Office: 5301 Smith Avenue
BID 13OSTD Baltimore, Maryland 21209
KNOW ALL LIEN BY THESE PRESENTS, that EMAE INTERNATIONAL, INC.
of .13744 MILROY PEACE
SANTA FE SPRINGS, CA 90670-5131 as Principal,
and ST. PAUL FIRE AND MARINE a MINNESOTA corporation, as Surety, are held and firmly
INSURANCE COMPANY bound unto CITY OF HUNTINGTON BEACH
as Obligee, in the full and just sum
of TEN PERCENT OF THE AMOUNT OF THE BID
Dollars, lawful money of the United States, for the payment of which sum,
well and tnily to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the said Principal is herewith submitting its proposal
SPEER & LIBERTY STREET IMPROVEMENTS
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said
Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of
the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee
the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts
with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed
the penal sum hereof.
Signed, sealed and delivered
3rd
, day of
MARCH
2003
EMAE INTERNATIONAL, INC. (Seal)
(Seal)
MOHAMED MAMOUN, PRESIDENT
Surety Company:
ST. PAUL FIRE AND MARINE INSURA—NCE COMPANY
SHAWN BLUME Attorney -in -Fact
85274 Rev. 9-2000 Printed in U.S.A.
l
i. CITY OF HUNTINGTON! EACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
QV 2 9 2003
Enclosed please find your original bid bond issued by
for CC-114 2 Sflr=ER f LIB f47Y AVM- STIQCET
JMQROVE-MeNTS
Connie Brockway, CIVIC
City Clerk
Enclosure
g:/followup/cashcont/returnbid bond. doc
(Telephone: 714-536-5227 )
Bond No. Bid Bond
BID BOND
The American Institute of Architects,
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated
as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid
Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for Improvements to Speer Ave. & Liberty Ave.
Westerly of Beach Boulevard No. 1142
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this 24th
, Witness
Witness
ORSC 21328 (5197)
IN
day of February 2003
Nobest Incorpor
Principal
I-M N
Contractors Bon& ; and Insurance
Surety (Seal)
By: ALI( 'V. 11�b-
Linda D. Coats Attorney -in -Fact
ffs
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
MAY 2 R 2003
Enclosed please find your original bid bond issued by
for CC-1142 SEER Al�T�T . )qr=eT
�A-PjR0 Vr=A E NTS
Connie Brockway, CIVIC
City Clerk
Enclosure
g:/followup/cashcont/returnbidbond.doc
(Telephone: 714-636-5227 )
gln aSO'ND TRAVELERS CASUALTY At' 'URETY COMPANY OF AMERICA
Hartford, L_.inecticut 06183
Bond No. N/A
KNOW ALL MEN BY THESE PRESENTS,
That We, R. J . NOBLE COMPANY
as Principal, hereinafter called the Principal, end TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of
Hartford, Connecticut, a corporation duly organized under the laves of the State of Connecticut, as Surety, hereinafter
called the Surety, are held and firmly bound unto
CITY OF HUNGINGTON BEACH
as Oblinaa hereinafter rallari the r)hlinee in the sum or TEN PERCENT OF THE AMOUNT OF THE BID
Dollars ($ 10% OF BID AMT), 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
SPEER & LIBERTY STREET IMPROVEMENTS (CC1142)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give sucii bond or bonds, if the Principal shall pay to the Obligee the difTerence not to exceed Ilie
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
conLractwith another party to perform the Work covered by said hid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this25th day of FEBRUARY 1 2003
R. J. NOBLE COMPANY
(Principal) (Seal)
MIClJTXEL J VER, PRESIDENT Jftiej
TRAVELERS CASUALTY AND SWETY CO ANY OF AMERICA
(Tvnnessj
B
(nuCrrf2�=
M C L D. STONG
Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety
Company of America, The language in this document confonns exactly to the language used in AIA
Document A310, February 1970 edition.
c.t shot. (n7.97;
A
i. #CITY OF HUNTINGTON BEACH
2000 MAIN STREET ( =ORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
2 R 12003
Enclosed please find your original bid bond issued by
for CG -1142 SP=E R �L/-9Ej?7 A VP- • SrtP��T
Connie Brockway, CIVIC
City Clerk ,
Enclosure
g:/followup/cashcont/returnbidbond.doc
(Telephone: 714-536-5227 )
Bond No.
BID BOND
The American Institute of Architects,
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company
as Principal hereinafter called the Principal, and Federal Insurance Company
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid
Dollars ($10% ), 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 Speer Avenue and Liberty Avenue (Project No. 1142)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this
20th day of February 2003
rdl /� PALP Inc. dba Excel Paving Company
C Principal (Seal)
Witness
MICHELE E. 6RAKULICH, ASST. SECRETARY Bv. o r
Name/I We
Federal Insurance Company
Surety (Seal)
Witness By: 'OLi." 0, &a
JDouglas'A. Rapp Attorney -in -Fact
ORSC 21328 (5/97)
CITY OF HUNTINGTON BEAC:
-i
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
WATARVANA 1/
Enclosed please find your original bid bond issued by
Connie Brockway, CIVIC
City Clerk
Enclosure
CALIFORNIA 92648
for cSpER IL BEE2YAY Tips e1'
�M� IQoV6M Et�1T'S
g:/followup/cashcont/returnbidbond.doc
( Telephone: 714-536-5227 )
Bond No.
BID BOND
The American Institute of Architects,
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Sequel Contractors, Inc.
as Principal hereinafter called the Principal, and Federal Insurance Company
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid
Dollars ($10% ), 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 Improvements to Speer Avenue and Liberty Avenue (1142)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this
Witness
Witness
ORSC 21328 (5/97)
28th
day of February 2003
/equel Contract , Inc.
ri al (Seal)
By:
Tlit. mas $. r a,k, V.P. & swetury Name/Title
Federal Insurance Company
Surety (Seal)
By:
Jouglas A. Rapp Attorney -in -Fact
J CITY OF H` NTING°TON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY
CITY CLERK
M 12003
To: S NAWNA/1/
12240 WOODRUFE5d
Enclosed please find your original bid bond issued by
Connie Brockway, CIVIC
City Clerk
Enclosure
for Cz: -1142 Sp6ERhja&R7V d . ST .,T
.TM PRoVEN��NTS
( Telephone: 714-536-5227 )
Bond No.
BID BOND
The American Institute of Architects,
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Sialic Contractors Corporation dba Shawnan
as Principal hereinafter called the Principal, and Federal Insurance Company
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid
Dollars ($10% 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 Improvements to Speer Avenue and Liberty Avenue Westerly of
Beach Boulevard
NOW, THEREFORE, if the Obligee shall accept the bid.of the Principal and the Principal shall enter.into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this
"Witness
Witness
25th
day of February 1 2003
Sialic
Shawnan
�Ynnc (Seal)
Federal Insurance Company
Name/Title
Surety (Seal)
By: • I (� , �4/)
I Douglas A. Rapp Attorney -in -Fact
Ge
M
m
D
n
S
m
0
ORSC 21328 (5/97)
4'
CITY OF
OBEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
An 4 2003
•. .� Gum • •
Enclosed please find your original bid bond issued by
Connie Brockway, CIVIC
City Clerk
Enclosure
CALIFORNIA 92648
for CG -!/EEid &.9e Aue- S ST
1 rs• �Ort�,�a �nf S
g:/followup/cashcont/returnbidbond.doc
g:followup\cashcont\cashcon-letter.doc
(Telephone: 714.536-5227 )
Bond No. __085_60291---_
PREMIUM -NIL and Deposit Company
POST OFFICE BOX 1227 OF MARYLAND BALT/MORE, MD 21203
KNOW ALL MEN BY THESE PRESENTS: f
That we, ------- SILVIA__CONSTRUCTION,___INC.
--------------------------- ------------------ -------------- ---------- --`-------------- , as Principal, (hereinafter called the "Principal"),
and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation
duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and
firmly bound unto --THE CITY OF HUNTINGTON BEACH, CALIFORNIA
Obligee, (hereinafter called the "Obligee"),
in the sum of- ....... TEN__PERCENT_OF AMOUNT_ BID - - -- -Dollars ($ �Q-7---------------------),
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 ___-IMPROVEMENTS__TO_ SPEER__AVE_1gUE__,M_______________________
----LIBERTY-AVENUE-_CASH__CONTRACT _ N0.--1142------------------------------------------------------------------------------------------------
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
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 amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this__ 28TH----------------------- -------------------- day of- ... FEBRUARY--- ------------------------------ A.D.,20 03
Witness
J.
BY:
FIDELITY AND
--------------------------------------------------------------- ---------------------
Witness
C32if—SOM, 7 92
Conforms to Amcr. trt Inslumc of Arcbnccss Docunsm A 310.
fcbr ry 1970 Eda,on
DUDLEY, VICE
Y OF
By-6
S
ATTORNEY -FACT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On MARCH 04, 2003, before me, TRICIA CONNOLLY, NOTARY PUBLIC personally
appeared FRANK DUDLEY, VICE PRESIDENT proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
of Notary Public
i
6,
N(YIARY 11113LIC -C;AIJi'nt;Nln (13
„s,n GSem:u�inu Cr,unly -�
M MY CvMu' 2U.
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.
DESCRIPTION OF ATTACHED DOCUMENT
) X fvw�
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES �Y % _ DATE OF DOCUMEN
CAPACITY CLAIMED BY SIGNED
❑ INDIVIDUAL
❑ PARTNER
® CORPORATE OFFICER VICE PRESIDENT
TITLE
❑ ATTORNEY IN FACT
❑ TRUSTEE
❑ GUARDIAN OR CONSERVATOR
❑ Other^
Signer is Representing: SILVIA CONSTRUCTION, INC.
NAME OF PERSON(S) OR ENTITY(S)
RIGI IT TI IUMEPRwr op
SIGNER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
Ori 2/28/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared CHARLES L. FLAKE personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. �-� ��- ��•, �- �.��w �
oyz,,"IOTARYPUBLIC-CALIFORNIA �
Si re f Notary Public as % ORANGE COUNTY f
� `n _�•,y COMM. PXP. JI)I.Y 27, ?MU ") .a
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.
DESCRIPTION OF ATTACHED DOCE)MENT
BID BOND
TITLE OR TYPE OF DOCUMEWT
NUMBER OF PAGES ONE nATE OF DOCUMENT 2/28/03
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL ❑ CORPORATE OFFICER
TITLES
❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S)
❑ OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S) OR ENTITY(S)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which
reads as follows:
"The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary
or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the
Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances,
stipulations, policies, contracts, agreements, deeds, and releases and assignmenC;,of judgements, ds, mortgages and instruments in the nature of
mortgages, ... and to affix the seal of the Company thereto." ^�� �^
does hereby nominate constitute and appoint Charles ��i`lake o�heim, California
i s true and lawful agent and Attorney -in -Fact, to ma `�ecute, seaaeliver, for, and on its behalf as surety, and as
its act and deed: any and all bonds and vtakin�e ..................... .
..
0
7nt eexecution of such bonds or un ngs in nee of these presents, shall be as binding upon said
pany, as fully and amply, to all inte d purpo if they had been duly executed and acknowledged by the
regularly elected officers of the Comt,at its off altimore, Md., in their own proper persons.
�2,\J
The said Assistant Secretary does hereby cert the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is
now INf WITNESS WHEREOF, the said Vicevresident and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .........16th day
of............... July- ............................... . A.D. 1986.....
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
�SEAL� � °
•.. •....................................•••------••-•----•- ----- By ........................................ --- �
Assistant SecretaryVice-Precedent
STATE OF MARYLAND ?
CITY OF BALTIMORE J SS::
On this 16 th day of July , A.D. 19 86 before the subscriber, a Notary Public of the State of Maryland, in
and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDEUTY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are
the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the
said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and Official Seal, at the City of Baltimore, the da and year first above written.
urf%OTAq}\aep5�
d: :*=
� �'? Notary Pub is Commis - n piresJuly__1_,__ 1990____
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of
Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the
Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to
appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company
with the same force and effect as though manually affixed." 28TH
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ...................... day
of .....FEBRUARY___, 2003
L142&—aL—012-4150
..................... .. ...
Assist et Secretary
CITY OF HUNTINGTON BEACH 1- ant.�� /t5t
MEETING DATE: February 3, 2003 DEPARTMENT ID NUMBER: PW 03-001
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: February 3, 2003
Department ID Number: PW 03-001
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C,: E
SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS `Y
SUBMITTED BY: RAY SILVER, City Administratora2f&o
j .
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works'
'1 DAVID C. BIGGS, Director of Economic Development
SUBJECT: AUTHORIZE ADVERTISEMENT FOR SPEER AVENUE AND LIBERTY
AVENUE STREET IMPROVEMENT PROJECT, CC1142
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Plans and specifications are in final preparation for the Speer Avenue
and Liberty Avenue Street Improvement Project, CC-1142. Authorization to advertise the
project is requested. Additional Community Development Block Grant (CDBG) funds are
requested.
Funding Source: Funds in the amount of $185,300 from CDBG FY 1999/2000 are
budgeted in account number 86290006.82300. The additional allocation of $99,000 is
available in CDBG Unprogrammed Funds in account number 86480303.
Recommended Action: Motion to:
1. Approve the project plans and specifications and authorize the Director of Public
Works to request bids for the Speer Avenue and Liberty Avenue Street Improvement
Project, CC-1142.
2. Authorize the allocation of an additional $99,000 from Community Development Block
Grant funds.
3. Authorize the Mayor and City Clerk to .execute and notarize any and all documents
required to acquire interest in, and convey title to right-of-way necessary for the
project.
Alternative Action(s): Direct staff to not move forward with the project at this time. This
action may result in the forfeiture of unencumbered CDBG funding. 1/1
03-001 Feb 03 Broussard (Speer&Liberty Advertise).doc - — 1/23/2003 11:38 AM
REQUEST FOR COUNCIL ACTIuN
MEETING DATE: February 3, 2003 DEPARTMENT ID NUMBER: PW 03-001
Analysis: This project will provide street improvements to Speer Avenue and Liberty
Avenue, located within the Oak View Enhancement Area. The improvements will include
street widening, curb and gutter, sidewalk and landscaping to align with existing properties
whose frontages are fully improved.
The street improvements, as planned, require numerous, partial acquisitions of minimal
square footage to construct the project. The necessary right-of-way dedications were
successfully obtained without cost, although it will be necessary for the City to pay nominal
costs for title and escrow coordination. These costs are incorporated into the overall project
costs.
Plans and specifications are in final preparation and staff now requires permission to
advertise for bids. The estimated cost for this project is outlined below:
Construction $214,000
Construction Contingencies &
Supplementals 31,000
Design Consultant Fee 39,300
Total Estimated Cost $284,300
Funding from the CDBG program in the amount of $185,300 is currently available for this
project. As the project may cost up to $284,300, an additional $99,000 is being requested
from available CDBG funding. The Citizen Participation Plan (CPP) for the Huntington Beach
Consolidated Plan, adopted by City Council in 1996 and approved by the U.S. Department of
Housing and Urban Development (HUD) gives "highest priority" for consideration of
reprogramming funds to City projects such as housing programs, public facilities, public
improvements and public services. The CPP requires that existing projects needing more
than $50,000, but less than $100,000 in additional CDBG funding shall require approval of
City Council, but not a public hearing.
Public Works Commission: The Public Works Commission reviewed and approved this
project on November 20, 2002, by a vote of 6-0-1 (Commissioner Mason was absent).
Environmental Status: This project is Categorically Exempt pursuant to the California
Environmental Quality Act, Section 15301 (C).
Attachment(s):
RCA Author: T Broussard:jm
03-001 Feb 03 Broussard (Speer&Liberty Advertise).doc -6- 1/23/2003 11:38 AM
ov
ATTACHMENT #1
LOCATION MAP
N.T.S.
.CT
FION
CC1142AOCATION.DWG
SPEER & LIBERTY AVENUE IMPROVEMENTS Mej
I INITIATING DEPARTMENT: I PUBLIC WORKS
SUBJECT: AUTHORIZE ADVERTISEMENT FOR SPEER AVENUE
AND LIBERTY AVENUE STREET IMPROVEMENT
PROJECT. CC1142
I COUNCIL MEETING DATE: I February 3, 2003 I
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: T. Broussard