HomeMy WebLinkAboutFLEMING ENVIRONMENTAL, INC - 2002-03-04 (2)RECEIVED BY:
V1M Sib�a�,a,.
(Namo l
•. � -A-
pate)
1
CITY CLERK RECEIPT COPY
Return DUPLICATE to
after signingidating,
l
CITY OF 14UNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
ATTN: Jim Slobojan, Deputy City Treasurer
FROM: C o r r. ', B y-
DATE: a q- a L
SUBJECT: Bond Acceptance
I have received the bonds for
ICany Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No. 93.513 ) 0 3 1 0.- l� 7 3 8 C M
Re: Tract No.
CC No. .�.
MSC No.
Approved i Agenda Item No. ✓ L
(G uncll Approval Data)
City Clerk Vault No. r L b 6 o• is
gfjah/bondlettendoc
RECEIVED BY: v
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLIME to
Jeffrey Hughes (ext. 5260)
after signingldating
j, CITY OF HUNTING TON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
ATTN: Jim Slobojan, Deputy City Treasurer
FROM: C b n h'. -Q. B r a crRW A 1
DATE: 10 - a q - it 2--
SUBJECT: Bond Acceptance
I have received the bonds for
(C any Name) '
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No. F3S S 1 40 7 3 BC Al
Re: Tract No.
CC No.
MSC No.
Approved Agenda Item No.
uncf Approval pate)
15:� kes . 9-ODOL_ 10 City Clerk Vault No. F 1-4 O O. 8C�
g:4ahlbondletter.dx
MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMER1CA-
Hartford. Connecticut 06i83
BOND NO. 83SB103602973BCM
KNOW ALL LIEN BY THESE PRESENTS:
That FLEMING ENV1R0:*EISTAL, INC.
as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as
Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF RUNTINGTOi`i BEACH
as Obligee, hereinafter called Owner, in the penal sum of 3 7, 375.00 , for the payment whereof Contractor and Surety
bind themselves, their heirs, executors, administrators, successors. and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Contractor has by mitten agreement, dated APRIL, 2002
entered Into a contract with Owner for
"FUEL PUMP ISLA-ND CANOPY AT TRAINING FACILITY"
In accordance with the General Conditions, the Drawings and Specifications, which contract is by reference
Incorporated herein, and made a part hereof, and is referred to as the Contract.
NOW, THEREFORE, the condition of this obligation Is such that, If Contractor shall remedy any defects due to faulty
materials or workmanship which shall appear within a period of ONE (1) year(s) from the date of substantial
completion of the work provided for In the Contract, then this obligation to be void; otherwise to remain In full force and
effect.
PROVIDED, HOWEVER, that Owner shalt give Contractor and Surety notice of observed defects with reasonable
promptness.
SIGNED and seated this 19TIl
IN THE PRESENCE OF:
S-zMt (Q74M
day of SEPTF.MBER 2002
r-
I
.
YLEMING ENVIRONMENTAL, INC.
(seal}
Principal
oOY
err esident
TRAVELERS 3pM ERICA
. MfCHAEL' A. QUIGL Attorney in-Fsct
APrF.OVED AS TO FOr+1.45L--
GAIL N:i�...:. =-., .`.ttornsy
By: Deputy City Attorney.
State of California
County of Oran-ge
On 9120/02 before me, .Jennifer Martin -- Nota[y Public
JDATE) (NAMEff TILE OF OFFICER)
Personally appeared Terjy L. Flemin dr.
(NAME(S) OF SIGNER(S))
Personally known to me - OR -
r r JENNUMIR IV
COMM * 1348198 m W �Y► N0TAAYPU811C-Ck[Jr0 MIA
q OiiANGECOUNTY . X
jj �r comm�suon F�a spe rr, troos = .
i.NN. •s...M..N..i1..+-.M+M�MIHN.
o Proved to me on the basis
of satisfactory evidence to
be the person(s) whose
narne(s) is/are subscribed
to the within instrument and
acknowledgement to me
that he/she/they executed
the same in 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.
(SEAL) r I
-�Lo 162
Jenne - Martin Notary Public
ATTENTION NOTARY
The information requested below and in the column to the right Is CPTIOMAL. Recording
Of this dacument is not required by law and Is also optional. It could, however, prevent
Fraudulent attachment of this certificate to any unauthorized docurrent.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT.
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other Than Named Above
CAPACrTY CLAIMED, BY SIGNER'S
p Ntxvtix�L(s)
p CORPORATE
OFFICERS(S) PRESIDENT
p PARiNTXS)
Q Lf'TTED
❑ GUsIERAL
❑ ATTORNEY N FACT
❑ TrtUSTms)
❑ GtSAR IANICOWERVATOR
SIGNER IS REPRESENTING:
(Name of Persons) or Enl'+ty(ies)
Fleming_ Environmental Inc.
CAPACITY CLAIMED BYSIGNER(S)
❑ NtWIDUAL(S)
D DTI~
OFFICER(S)
(TrTLES)
❑ PARrNER(s)
❑ LRiiID
❑ GMMAL
❑ ATTORNEY N FACT
❑ TRUSTEE(s)
❑ GUARDAWCONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
ss.
On SEPTEMBER 191, 2002. before me, M. TREDINNICK, NOTARY PUBLIC
Dolt Name &W Title of Off4w (e.g.. 'Jan* Doe, Noltry Pud.ci
personally appeared MICii;AEL A. QUIGLEY
Name('&) el Sgner(s)
M. TREDINNICK
' COrnmissi0:1 # 1213,054
K • y
� Fr s - Norcry Pubic — Cciclornta •Sl
Orar+.ge Counjr -
My Comm. E-9*es Mor 25, 2(x3
Plan NoWy Seal Abow
K'personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(i) whose name(X) is/=
subscribed to the within instrument and
aci nowledged to me that helllt[8i, Wexecuted
the same in his/1f ' authorized
capacity0M), and - that by his/bBnVa=
signature(l) on the instrument the person(9Q, or
the entity upon behalf of which the person=
acted, executed the instrument.
W1iNi=S nd and offi al se
5 nsn,re of Notary Pubic
OPTIONAL
Though the lnfonnatIgn below ls.not required by law, I mey prove valuable to persons relying on the document
and could prevent fraudulent removal and reat<achment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual ' r
Tap of 91umo Aare
❑ Corporate Officer-! Title(s):
❑ Partner —❑ Umifed ❑ General
❑ Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
'❑ Other.
Signer is Representing-
0
1g77 Na* nN Navy AasodaWn • MW 0% 304Aw.. PA BU 24M • Ch6W#Pw -% CA 9/313-2402 Plod. No. SM Reader. Cal TolWmo 1400.87&4W
•? TRAVELET A4ZUALTY AND SURETY COYIPANY OFF 'ERICA
TRA LERS CASUALTY AND SURETY COMPA,..o�
FAR-MINGTON CASUALTY COMPANY
Hartford, Cannecticut 06183-9062
POWER OF ATTOR.N'EY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-M-FACT
10 OW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY CO.MPA,ti-Y OF
&MERICA, TRAVELERS CASUALTY AND SURETY CO1IPANY and FAR' MGTON CASUALTY COMPANY,
corporations duty orgmEnd under the taws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and ,appointed, and do by these
presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attorneys) -in -Fact,
with full power and authority hereby conferred to sign, execte and acknowledge, at any place within the United States, or, if the
following line be filled in, vAthin the area there designated
the following insauratent(s): by histIer sale signature and act, any and all bonds, recognizaP ces, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaldng and any and all consents incident thereto
and to bind the Companies, thereby w fully and to the same extent as if the same were signed by the duly authorized officers
of the Companiea, and all the acts of said Attorney(s)4n-Fact, pursuant to the authority herein given, an hereby ratified and
confirmed.
This -Appointment is made under and by authority of the follwAinn Standing Resolutions of said Companies, which Resolutions are
now in full fora and effect:
VOTED, That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any
Second Vice President, the Treasurer, any Assistant Treas=cr. the Corporate Secretary or any Assistant Secretary may a, point Attorne)s-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his orher certificate of authority may pre='bc
to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee ani revoke the power given him or her.. `
VOTED. Ttat the Chairman, the Presidmt, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or mare officers or employees of this Company, provided that each such delegation is
in writing ani a copy thereof is filed in the office of the Secretary.
VOTED: 'That any bond, recognizance, contract of indemnity, or wasting obligatory in the nature of a bond, reco winner, or con3itional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vicc President, any Second Vice President, the Treasurer, any Assistant Treasure, the Corporate Secretary or any
Assistant Secretay and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary. or (b) duly executed (under scat, if
required) by ane or more Attorneys -in Fait and Agents pursuant to the pow cr prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is sued and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPAh'Y OF
ap
AMERICA, TRAVELERS CASUALTY AND SURETY C01IFA.NY and FARAMNGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTID. That the signature of each of the following officers: President, any Executive Vice President, any Senior Via President. any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affrxed by faesimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds sad undertakings and other writings obligatory in the nawre thereof; and any such poatr of attorney
orrertScate bearing such facsimile signawre or facsimile seal shall be valid mad binding upon the Company and any such post~ so executed and
certified by rach 0=1miile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
V.
(&-M
:QTT-23-2002 1ED 10:14 AM F l e m i — Env FAX h0. 7142289231 P. 01
6130 Valley View Street
Buena Park, CA 90620-1030
(714) 228-0935 Fax (714) 228-9231
4
TO; Robert Matinez From: .Jennifer Martin
CorrgmW.. CIO Huntington Beach Pages: 3
Fax: 7t4.374-1573 Date: 10I2M
Re: CC;
❑ Urgont 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
0 Comments:
QCT-23-2002 WED 10 14 AMF f em i nq env
FAX NO. 7142289231 P. 02
Ci%v of I•fuhaneton iiescn
Deparment of rublic Works
For, OMcc Box "194
IluniLngton Beach, CA 92 64 8
Subject: Certification of Compliance wit~% Title VII ot6e Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor en
CC-1172 Firel Pump Island Canopy
Project No. Title
hereby certifies that all laborers, rnechmn cs, apprcn6zes, isainecs, ►%-IOL-nen and guards tmplo}red
by him or by any subcontractor performing wo.kunder the contract on the project have bean paid
~}ayes at rates not less &an those required by the cm -rut provisions, and that the work performed
by trch such taborer, mechanic, apprentice or trainee eonforrud to the classificadons stt forth in
eir cortract,or training program provisions applicable to the ease rate paid.
Ina^are and Tide
Terry L. rleminr. Jr. President
Fleming Environmental Inc.
t'r::aACOMt
T OCi-23-2002 lr-- D 10 :14 Alf Fleming Env FAX NO. 7142289231 P. 03
PI;CGAI2ATI0Y OF t .ATISFAC7;ION Or, CLAIMS
L — Terr L. Fleming Jr. , stile:
1. I am hho Ccneral contractor for the City of I1untin-ton Deach, as to the project more fully
40
ticscribedinthepublic;%vorkscontract entilicd feel Pum rLland Cano 1'ro get CC-1J72
middatcd 3/04/02
2. All %vorkers and persons employed. all Grrtts supply ins materials, and all subcontractors for the
above -mentioned project have been paid in fill. Rankin & Rankin will be raid 10%
Retention when we are paid our retention.
3. The folloiving are either disputed claims, or items in connection With Notices to MdMold,
wWch have been filed udder the provisions of the statutes of the State of California: (i f none,
swe'NONV)
NQ.tR
I declare under penalty of perjury that the foregoing, is true and correct.
Executed of nuana `ark, CA on this 1701 day of September � M�.2002
.*Qf r1c
PresidenC
t-c6cullean2
Clt� �.L;G:7:33'
WA
N
City of Huntington Beach
INTER -DEPARTMENT COMMMUNICATION
HU"NGTON BEACH
TO: THOSE LISTED HEREON
FROM: Robert A. Martinez, Project Manager
DATE: October 15, 2002
SUBJECT: Retention Release Payment
Company Name: Fleming Environmental Incorporated
Address: 6130 Valley View Street
City, State and Zip Code: Buena Park, CA 90620-1030
Phone Number: (714) 228-935
Business License Number:A225100 3103
Local Address: NIA
Notice of Completion Date:10/2102
Contract Purpose: Retention Release for Cash Contract 1172. Fuel Pump Island Canopy Project
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are on file on the subject at
time.
Date kobert F. Beardsley, Public Works Director
I certify that there are no outstanding invoices.Qn file.
/o-2.1-o'L
Date
reidenrich, 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.
i vv
Dat Connie Brockway, QAy Clerk -
Retention Release Memo 10115I200212:40 PM
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 ' 2000 Main St.
Huntington Beach, CA 92648
Recorded in Official Record. ounty of Orange
Darlene Bloom, Interim Clerk -Recorder
Illll!IIIIIIIIIIIICIIIIIIIIIIIIII!IIIIIIIIIIII IIIII!III! NO FEE
20020850670 01:47pm 10102102
110 79 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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 Fleming Environmental Inc. 'who was the
company thereon for doing the following work to -wit:
FUEL PUMP ISLAND CANOPY - CC NO.1172
This project includes : Placement of an overhead metal canopy above existing fuel pumps and a
underground oil/water separator to catch oil drippings and spills around the surrounding fueling area; at
the Fire Training Facility, 18311 Gothard Street, Huntinton Beach, CA.
That said work was completed September 5, 2002 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the Director of Public Works on September 5, 2002, per City Council Resolution No. 2002-10
adopted February 19, 2002.
That upon said contract Travelers Casualty and Surety Company of America was surety for the bond
given by the said company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this September 6, 2002.
Director of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing
NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents
thereof, the same is true of my knowledge.
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 September 6, 2002.
.7:1 :� d7
Director -of Public Works or -City Engineer
City oil Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648 COPY
/1
V
CITY OF HUNTINGTON BEACH
2000 MAIN STREET . CALIFORNIA 92648
OFFICE OF THE CITY CLERK
WNNIE 8 ROCKWAY
CITY CLERK
October 24, 2002
To: Fleming Environmental, Inc.
6130 Valley View Street
Buena Park, CA 90620-1030
Enclosed please find your original bid bond issued by Travelers Casualty and Surety
Company of America for Ten percent of the amount of the accompanying bid.
Connie Brockway, CMC
City Clerk
Enclosure Contract #1172
g:Mollowup/cashoonVreturrbidbond.doc
(Wephone: 714-536a227 j
I-leming Environmental Inc.
6130 Valley View Street
Buena Park, CA 90620-1030
CITY CLERK
CITY OF
11UNTI;IGTON BEACH, CA
1001 +vu'! - I 1- i2 � I
' City of Huntington Beach
- Office of the City Clerk — 2"d Floor
2000 Main Street
Huntington Beach, CA 92648
. i
SEALED BID
Fuel Pump Island Canopy
Cash Contract No. 1172
November 1, 2001
2:00pm
t/O 111,.11.'_l:.I I11u10►;IDN11, I
'.40 AJ 111
)NI-1 ? 11.Z M
81D BOND TRAVELERS CASUALTY AND TRETY COMPANY OF AMERiCA
Hartford, Connecticut 06183
Bond No. NIA
KNOW ALL MEN BY THESE PRESENTS,
That we, FL?:ING ENVIRONMENTAL, 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 AUNTINGTOX BEACH
as OCllgee, hereinafter called the Obligee. In the sum of T, PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID —
Dollars ($ 10% OF BID-- ), forthe payment of which sum viell and truly to be made, the said P—nncipal 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
"FUEL PUMP ISLAND CANOPY, f 1172"
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 band 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 )path
contract witty 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 seated this 31 ST day of OCTOBER
(V`tdness)
(Urdness)
2001
FLEHING ENVIRONnMEIv"1LAL, INC.
.ram (Prbldpao (seal)
erry President (idle)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMER)CA
—By Z 9&f-2 - - -
M CHAEL A. QUIGLEY, (An"ney4n-Fact)
Printed In cooperation with the American Institute of Architects (AIA) 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-1969-0 (07-M
:�.j
State of California
County of _ Orange _
On 1111/oi before me, Jennifer Martin, Notary Public
IDATEI INAMErtITLE OF OFFICERti.e.':AJ%E DOE, NOTARY PUBLIC-)
personally appeared Terry L. Fleming Jr.
WAMEISI OF SiGNERISII
IN personally known to me -OR- O
JENNIFER MARTIN
comm. X1177376 Ift
NOTARY ",:I[.CAUFCVS" —
ORANGE COUNTY in
.� SEA4)Comm fxp A 22 2fIG2 '4
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that byy 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.
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
role or Type of Document
Number of Pages Date of Document
Spnerls) Other Than Named Above
FORM 6$23* Rev. $-04 Im.co et.ss 6-2A3 01994 WOLCOTT$ FORMS. INC.
�I
CAPACITY CLAIMED BY SIGNERISI
OINDIVIDUALISI
X)CORPORATE Ergaident
OFFICER(S)
j1.ILISI
❑PARTNERISI OLIMITED
❑GENERAL
OATTORNEY IN FACT
❑TRUSTEE(S)
OGUARDIAN/CONSERVATOR
nOTHER:
SIGNER IS REPRESENTINO:
IName of Person(s) or Entityr4s)
Fleming Environmental I
CAPACITY CLAIMED BY SJONER1S)
OINDIVIDUALIS)
MORPORATE
OFFICERIS)
rrrrua
OPARTNERIS) OLIMITED
(3GENERAL
❑ATTORNEY IN FACT
OTRUSTEEIS)
OGUARDIANICONSERVATOR
QOTHER:
SIGNER IS REPRESENTING:
(Name of Personls) or Entityliesl
��6IIIIIII�III IIIIII!IIA,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE ss.
• � •
On OCTOBER 31, 2001 • _ before me, M. TUDINNICR
Date name and Tice of Often te-a.. •.lane Doe. Notary PuUc )
personally appeared MICHAYL A. QUIGLEY
Name(aj d S.gnu(s)
121
ero a= 215' i
M:t+ corn T1. t xA�reS Ivor 76.7�'33
personally known to me
G proved to me on the basis of satisfactory
evidence
to be the personW whose name(W is/=
subscribed to the within instrument and
acknowledged to me that helXtt,vexecuted
the same in hisltK authorized
capacityW), and that by hiss-
signature(R) on the instrument the person(g), or
the entity upon behalf of which the person(g)
acted, executed the instrument.
WITNESS my hand and officials I.
Pfau Notary Seal AWove Sig. iure of Nosy
OPTIONAL .
Though the lnrorri arlon below is not required by law. R meypmvb valuable to persons relying on the document
and could prevent fraudulent removal and reFKachment of this form to another document
Description of Attached Document
Title or Type of Docurrent:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Number of pages:
❑ Individual
lop or Itxmb ears
❑ Corporate Officer--Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
C 1997 NatlarW NotaryAuodaWn • 93W De Soso Ave.. P.O. Bm 24M • eMtMOM. CA 91313-2402 Pmd. No. 5907 Reorder. Cal Tc&Fmo 1-W"764V?
TRAVELM SUALTY AND SURETY COMPANY OF A.% ERICA
TR. FRS CASUALTY A.ti-D SURETY CO3fPAt l ,
rARh1>NGTOti CASUALTY COMPANY V
Hartford, Connecticut 06183-9062
POWER OF ATTOR1NTY AND CERTIFICATE OF AUTHORITY OF ATTOR-NEY(S)-L\-FACT
ICYONN' ALL PMO`S 13Y THESE PRESENTS, THAT TRAWLERS CASUALTY AND SURETY C01 PAN-Y OF
AIN ERICA, TRAVELERS CASUALTY AND SURETY CO.MTAIS-Y and FAMM GTON CASUALTY CO.-*iPA.t4'Y,
corporations duly organized under the laws of the State of Connecticut, and baving their principal offices in the City of Hartford,
County of Hartford, State of Connevdcut, (hereinafter the "Companies") Rath made, constituted and appointed, and do by these
presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attorney(s)-in Fact,
with full pow:r and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the
following line be filled in, within the area there designated
the folloming instiument(s): by his/he: sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the natttre of a bond, recognizance, or'conditicnal tmdcrtaldng and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed. _
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED_ The. the Chairman, the President, any Vice Cb &=n. any Exea•tive Vice President, any Senior Vice President, any -Vice Presideat, any
Seco� Vice ftcsidcat, the Treasurer. say Assistant Treasurer, the Corporate Secretary or any Assistant Secrztary may appoint Aaomeys-in-Fact
and'Agents to art for and on behalf of the company and may give such appointee sash authority as his or htr certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bands, rowgnizances, contracts of hrd&nnity. and other writings obligatory in
the nar.ae of a bond, recognizance or conditional undertaking. and any of said oiTicen or *.c Board of Directors at any time may remove any such
appointee and revoke the pom'er given him or her.
VOTEDTbr-t the Chairman, the President, any Vice Chairman. any Exe utive Vice president, any Senior Vice President or any Vie President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in %Titin; and a copy thereof is filed in the office of the Secretary.
VOTED. That any bond, recogni=ce, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undct,Jdng shall be valid and binding upon the Company vh= (a) signed by the President. any Vice Chairman, any Executive Vice President, nay
Senior Vice President or any Vice President. any Second Vice President. the Treasurer. any Assistant Treasurer. the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (rmda seal. if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of out ority or
by one or mom Company offiicer. s purman. to a azitten delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by Authority of the following
Starrding Resolution -voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COKPA.NY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARIVIENGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Presiden; any Executive Vice Pre 3idenk say Senior Vice Presidc.tt, any Vice
President, azy Assistant Vice fresidcat, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of ammey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-is-Fa-i for
purposes only of executing and attesting bonds and undertakings and o•.he: writings obligatory in the nature thereof; and any such pera r ofattotrry
or rarOcatc bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any snob power so executed and
certified by such fa: sinite signature and facsimile seal shall be valid and binding upon the Company to the fut irc with respect to anY bend or
undertaking to which it is attached.
(3-9T
Recorded in Official Recoru&, County of Orange
Darlene Bloom, Interim Clerk -Recorder
WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllillllllllllllll NO FEE
CITY OF HUNTINGTON BEACH 2O020850670 01:47pm 10/02102
Office of the City Clerk 110 79 N12 1
P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded to Fleming Environmental Inc. "who was the
company thereon for doing the following work to -wit:
FUEL PUMP ISLAND CANOPY - CC NOA 172
This project includes : Placement of an overhead metal canopy above existing fuel pumps and a
underground oil/water separator to catch oil drippings and spills around the surrounding fueling area; at
the Fire Training Facility, 18311 Gothard Street, Huntinton Beach, CA.
That said work was completed September 5, 2002 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the Director of Public Works on September 5, 2002, per City Council Resolution No. 2002-10
adopted February 19, 2002.
That upon said contract Travelers Casualty and Surety Company of America was surety for the bond
given by the said company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this September 6, 2002. ' 1
Director of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing
NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents
thereof; the same is true of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Orange County.
Dated at Huntington Beach, California, this September 6, 2002.
_7 :4� /' )d
Director of Public Works or -City Engineer
City of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 11, 2002
Darlene J. Bloom
County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702
Enclosed please find a Notice of Completion to be recorded and returned to the Office of the
City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA
92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-
addressed, stamped envelope.
Sincerely,
Connie Brockway, CIVIC
City Clerk
/jh
Enclosure: Notice of Completion —Fleming Environmental, Inc. —CC No. 1172 — Fuel Pump Island Canopy
g:/followup/cashcont/ccnofice-letter2002.doc
(Telephone: 714-536.5227 )
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH '
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded to Fleming Environmental Inc. who was the
company thereon for doing the following work to -wit:
FUEL PUMP ISLAND CANOPY - CC NO.1172
This project includes : Placement of an overhead metal canopy above existing fuel pumps and a
underground oiVwater separator to catch oil drippings and spills around the surrounding fueling area; at
the Fire Training Facility,18311 Gothard Street, Huntinton Beach, CA.
That said work was completed September 5, 2002 by sa'd company according to plans and specifications
and to the satisfaction of the City Engineer of the C1y of Huntington Beach and that said work was
accepted by the Director of Public Works on September 6. 2002, per City Council Resolution No. 2002-10
adopted February 19, 2002.
That upon said contract Travelers Casualty and Surety Company cf America was surety for the bond
given by the said company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this September 6, 2002.
Director of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA }
County of Orange } ss:
City of Huntington Beach )
I, the undersigned, say. I am an Agent of the City of Huntington Beach, owner In fee, in the foregoing
NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents
thereof; the same is true of my knowledge.
I declare under penalty of perjury that the foregoing Is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Orange County.
Dated at Huntington Beach, California, this September 6, 2002.
Director of Public Works orCity Engineer
City of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
Ili
Su ityV NOTICE OF COMPLETION
SUBMITTAL TO CITY CLERK'S OFFICE
K" .: fkYh 4
Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's
Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council
Resolution No. 2002-10 adopted February 19, 2002), Please HAND CARRY to the City Clerk's Office.
To: Connie Brockway, City Clerk
X•5404
'I. Name of Company: Fleming Environmental, Inc.
2. Contract Information:
A. CC No.:1172
B. Date Project Awarded by Council: March 4, 2002
C. Corresponding Agenda ftem No.: PW-02-005 (See attached copy of RCA) rz -- (
3. Date of Completion: September 5, 2002
PLEASE INCLUDE:
Robert A. Martinez, X-5423
Named -)derision
September fi 2002
Date Submitted to City Clerk's Office
Attachment — Notice of Completion
Cc: Eric Charlonne. Contract Administrator
0
RECEIVED BY: CITY CLERK RECEIPT COPY
^—� t Return DUPLICATE to
Jeffrey Hughes (ext. 6260)
(Name) after signing/dating
Z ` c., Z
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
A,
m
TO: Shari Freidenrich, City Treasurer
ATTN: Jim Sllojb�ojan, Deputy City Treasurer
FROM: u� 14'�-t1G�
DATE: OL
SUBJECT: Bond Acceptance
I have received the bonds for
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved
03-0`1-02
(Council Approval Date)
Ft,E�''►IN� �t+Vllto�N1�C•+TwL � tNC-
(Company Name)
835W63601313 B(P
%35%t03WZin $c.,M►
Agenda Item No.
City Clerk Vault No.
r= —6
g Alahlbondletter. doe
• �i
L
CITY OF HUNT#iVGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONME BROCKWAY
CRY CLERK
CALIFORNIA*92648
LETTER OF TRANSti9ITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPI MENT AGENCY OF TM'. CITY OF HUNTINGTON BEACH
DATE: April 19 2002
TO: Fleming Environmental, Inc.
Name
6130 Valley View Street
Sued
Buena Park, CA 90620-1030
City, sutra Zip
ATTENTION:
DEPARTMENT:
REGARDING: Construction Contract
re: CC No. 1172
See Attached Action Agenda Item E-6 Date of Approval 3/4/02
Eflclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds x Insurance x
RCA Deed Other
CC: R. Beardsley
Name:
R. Martinez
DPW
Deputmeu
DPW
Name Deputment
S. Freidenrich Treas.
Rune Dgwtnestt
Name
C. Mendoza
Name
Dcpwwwxfi
Risk Mgmt.
Deputauert
x x
RCA Avemxm
x x
RCA Aerned
x
RCA A�sanext
RCA Aroeinw
x
RCA
x x
Luunnce o w
x x
buunncc Otha
x
Insurance Oeher
Insurawe Otha
x
Insurance
5
ITv!e phone: 714-538.52V )
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FLEMING ENVIRONMENTAL, INC. FOR CONSTRUCTION
OF THE GOTHARD FIRE TRAINING
FACILITY FUEL PUMP ISLAND CANOPY (CC-1172)
THIS AGREEMENT, made and entered into this 4th day of March
2002, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY." and FLEMING ENVIRONMENTAL, INC., a
California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as construction cf the Gothard Fire Training Facility Fuel
Pump Island Canopy (CC 1172) in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, ail labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be bome by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
01 agreelcanopy13/21102
MA
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the compensation set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 2000 edition including 2001 supplement of Standard Specifications
for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard,
Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern
olagreelcanopyrM1102 2
California chapter of the American Public Works Association and the Southern California
District Associated General Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A" );
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Seventy Three Thousand Seven Hundred Fifty Dollars ($73,750.00), as set forth in the Contract
Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
01 agree/canopy/3/21/02 3
Within sixty (60) consecutive working days from the day the "Notice to Proceed" is issued by
DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, a1 matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
Ot agree/canopy13121102 4
V
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and
pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTORs faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for
labor and materials furnished. Only bonds issued by California admitted sureties will be
accepted.
01 aweelcanopyrV21102
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the
defective item or items. Upon expiration of such ten- (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not and employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security, state disability insurance compensation, unemployment compensation
and other payroll deductions for CONTRACTOR and its officers, agents and employees and all
business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto tha; in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of One Thousand Dollars
($1,000.00) per day for each and every working days delay in completing the work in excess of
the number of working/calendar days set forth herein, which represents a reasonable endeavor
by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would
sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said
otagrWcanopyW`1102 6
damages herein provided, and further agrees that CITY may deduct the amount thereof from
any monies due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
sha!I be the sole remedy of CONTRACTOR.
01ag-eelcanopy=1102
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents, or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be exterded by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in
01ag,ealcanopyWI/02
price or time for completion shall be allowed if asserted after final payment under this
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the Judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (100%) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW. affirming that the work for which payment is demanded has
been performed in accordance with the terms of the Agreement and that the amount stated in
the certificate is due under the terms of the Agreement. Partial payments on the contract price
shall not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit
01 agree/canopyWI/02 9
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments. costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in
whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, including but not limited to concurrent active or passive negligence except where
caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONTRACTOR will conduct all defense at its sole cost and expense.
olag•ee/canopy►3/21102 10
19. WORKERS' COMPENSATION INSURANCE
Pursuant to Califomia tabor Code section 1861, CONTRACTOR acknowledges
awareness of Section 3T00 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and ail claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000.000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
01agmelcanopy/=1102 I 1
ME
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL_ INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
I. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such pclicies will not be canceled or modified
without thirty (30) days' prior written notice of CITY; and
4. shall state as follows: "The above -detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar -type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
01 agneelcanopyl3141l02 12
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon
such default by CONTRACTOR, CITY may elect not to terminate this Agreement, in such event
CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to becorre due to CONTRACTOR.
23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et
seq.
O t agreekanoayr=11 /02 13
M
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar
legal document. Said obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named
in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense
so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29, IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
01 agreelcanopy13/21102 14
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
32. ENTIRETY
The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
FLEMING ENVIRONMENTAL, INC.
Bv: ��
Ter?V1.—f9e, Jr., President
AND
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
�G ATTEST:
fifer . rtin, Secretary
City Clerk
REVIEWED AND APPROVED:
City4Kdministrator
APPROVED AS TO FORM:
Attoryy14- '
02 3,�1 ay
I �. A PPROVED:
Director of Public Works
01 agree/canopy/3/21 /02 15
U SECTION A
NOTICE INVITING SEALED BIDS
for the
FUEL PUMP ISLAND CANOPY
CASH CONTRACT No. 1172
in the
CITY OF IIUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF IIUNTIN'GTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 PM on November 1, 2001. Bids will be public]), open in the Council
Chambers unless otherwise posted. .
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Hurit;ngton Beach, CA 92648, upon payment of a
S20.00 nonrefundable fee if picked up, or payment of a S30.00 nonrefundable fee if mailed.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations
of the State of California, which are on file at the Office of the Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648.
The AGENCY will deduct 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
oKz;er 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 corms in conformance
with the Instructions to Bidders.
A-1
The bid must be accomp,.e-d by a certified check, cashier's ctti..1, or bidder's bond made
payable to the AGENCY for an amount no less than I0% 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.
As part of the Bid Submittal, the Contractor is required to make a statement regarding the lead-
time expected for the procurement of the Clarifier and all appurtenant material and statement
regarding the lead-time expected for the design and approval of the Canopy Structure and all
appurtenant material. Failure to make such a statement will impact the project schedule and may
push the Contract into Liquidated Damages. NO ADDITIONAL TIME WILL BE GRANTED
FOR THE FAILURE TO IDENTIFY THE TIME FRAME REQUIRED FOR THESE TWO ITEMS
OF WORK
The AGENCY reserves the right to reject any or all bids, to vmive any irregularity and to take all
bids under advisement for a maximum period of 50 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 6"' day of August 2001.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
a
SBCTYON B
INSTRUCTIONS 'rO BIDDERS
1. Proposal Forms
Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All
information requested therein must be clearly and legibly set forth in the manner and form
indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall
be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach,
California, which shall be endorsed with the Project Title and Cash Contract Number as it
app ars on the Notice Inviting Sealed Bids. The sealed envelopes will bc: publicly opened and
read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents
are invited to be present at the opening. Unauthorized conditions, limitations, or provisions
attached to a proposal will render it informal and may cause its rejection. The complete proposal
forms shall be without interlineations, alterations or erasures. Alternative proposals will not be
considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will
be considered. The proposal may be withdrawn upon request by the bidder without prejudice to
himself prior to, but not after the time fixed for opening of bids, provided that the request is in
writing, that it has been executed by the bidder or his duly authorized representative, and that it is
filed with the AGENCY.
2. Proposal Guarantee
Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's
check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount
named in the proposal. Any proposal not accompanied by such a guarantee will not be
considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a
guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days
after the award and will furnish the necessary bonds as hereinafter provided. In the case of
refusal or failure to enter into said contract, the check or bond, as the case may be, shall be
forfeited to the AGENCY.
3. Proposal Signature
If tl:e proposal is made by an individual, it shall be signed and his full name with his address
shall be given; if it is made by a firm, it shall be signed with the copartnership name by a
member of the firm who shall sign his own name and the name and address of each member shall
be given; and if it is made by a corporation, the name of the corporation shall be signed by its
duly authorized officer or officers attested by the corporate seal, and the names and titles of all
officers of the corporation shall be given.
13-1
4. Delivery Of Proposal,,./
Proposals shall be enclosed in a sealed envelope plainly marked on the outside:
"SEALED BID"
for
FUEL PUMP ISLAND CANOPY
in the
CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility
alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior
to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be
considered.
5. Return Of Proposal Guarantees
The proposal guarantees of the second and third lowest bidders will be held until the awarded
bidder has properly executed all contract documents. Within 10 working; days after the award of
contract, the remaining proposal guarantees accompanying; all other proposals will become null
and void and returned to the unsuccessful bidders.
6. Taxes
No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts
bid will be deemed and held to include any such taxes, which may be applicable.
7. Disqualification Of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than one
proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction
does not apply to subcontractors or suppliers who may submit quotations to more than one
bidder, and while doing so, may also submit a formal proposal as a prime contractor.
8. Contractor's License Requirement
This project requires the Contractor and ALL Subcontractors to possess a valid State of
California contractor's license of the proper classification in accordance with the provisions of
Public Contract Code Section 10164. In addition, the Contractor and ALL Subcontractors
must possess a current City Business License prior to the issuance of the project permit.
9. References
All reference information called for in the bid proposal must be submitted with the bid proposal.
a•Z
• 10. Listing Of Subcont"rs
Bidders shall list in the bid proposal the name and place of business, as well as state contractor
and city business license number, of each subcontractor who will perform work or labor or
render services for the Contractor in an amount in excess of one-half of one percent of the
Contractor's total bid.
11. Discrepancies And Misunderstandings
Bidders must satisfy themselves by personal examination of the work site, plans, specifications
and other contract documents, and by any other means as they may believe necessary, as to the
actual physical conditions, requirements and difficulties under which the Work must be
performed. No bidder shall at any time after submission of a proposal make any claim or
assertion that there was any misunderstanding or lack of information regarding the nature or
amount of work necessary for the satisfactory completion of the job. Should a bidder find any
errors, omissions, or discrepancies in the plans, specifications, and other contract documents or
should he be in doubt as to their meaning, lie shall notify the AGENCY. Should it be found
necessary, a written addendum will be sent to all bidders. Any addenda issued during the
bidding period shall form a part of the contract and shall be included with the proposal.
12. Equivalent Materials
Requests for the use of equivalents to those specified must be submitted to the AGENCY 10
working days prior to the need of such materials. Within that time, the AGENCY will issue a
v�ritten response indicating approval or disapproval of such request. It is the sole responsibility
of the successful bidder to prove to the AGENCY that such a material is truly an equivalent.
13. Legal Responsibilities
All proposals must be submitted, filed, made and executed in accordance with State and Federal
laws relating to bids for contracts of this nature %vhether the same or expressly referred to herein
cr not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the
terms, conditions, provisions and requirements set forth, contemplated and referred to in the
Plans, Specifications and other contract documents, and to full compliance therewith.
Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least
the minimum prevailing per diem wages as provides! in Section 1773, et. seq. of the labor code
for each craft, classification or type of workman required as set forth by the Director of Industrial
Relations of the State of California.
14. Award of Contract
The award of contract, if made, will be to the lowest responsive bidder as determined solely by
the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any
irregularity, and to take the bids under advisement for a maximum period of60 days. In no event
will an award be made until all necessary investigations are made to the responsiveness,
responsibility and qualifications of the bidder to whom the award is contemplated.
B-3
15. Material Guarantee
The successful bidder may be required to furnish a written guarantee covering certain items of
work for varying periods of time from the date of acceptance of the work by the AGENCY. The
work to be guaranteed, the form, and the time limit of the guarantee will be specified in the
special provisions. Said guarantee shall be signed and delivered to the AGENCY before
acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of
the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard
Specifications for Public Works Construction, may be reduced to conform to the total amount of
the contract bid prices for the items of work to guaranteed. and this amount shall continue in full
force and effect for the duration of the guarantee period. However, the Labor and Material Bond
cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of
Completion.
16. Execution of Contract
The successful bidder shall execute a written contract with the AGENCY on the form of
agreement provided, and shall sccurc all insurance and bonds required by the
Specifications within 10 working, days from (lie date of the award. Failure to enter into a
contract shall be just cause for the annulment of the award and the forfeiture of the proposal
guarantee. If the successful bidder -fails to execute the contract, the AGENCY may award the
contract to the second lowest responsive bidder. If the second lowest responsive bidder fails to
execute the contract, the AGENCY may award the contract to the third lowest bidder. On the
failure of such second or third Io►vest responsive bidder to execute the contract, such bidder's
guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised.
17. Submission of Bonds And Insurance
The successful bidder will be required to furnish the necessary bonds and insurance to the
AGENCY within 10 working days from the award of contract. Prior to the issuance of the
Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the
successful bidder's insurance company, naming the AGENCY as an additional insured.
18. Addenda
The effect of all addenda to the contract documents shall be considered in the bid package and
said addenda shall be made part of the contract documents and shall be returned with the bid
package. Failure to submit any such addenda with the bid package may render the bid irregular
and shall result in its rejection by the AGENCY.
t4
SIECTI0N C
PROPOSAL
for the
FUEL ISLAND PUNIP CANOPY
at
FIRE TRAINING FACILITY
18311 GOTHARD STREET
CASH CONTRACT No.1172
in the
CITY OF IiUNTINGTON BEACH
TO THE HONORABLE MAYOR AND AIENIBERS OF TILE 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 therefore, 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 o!'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 60 working clays, 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
Jump 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-t
If awarded the Contract, i.)undersigned agrees that in the event 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 1070 in the amount of S ' 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
The following quantities are for comparison purposes only. The contractor shall be paid for the
actual quantities installed or constructed per the plans and specifications.
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT
PRICE
EXTENSION
1
CONSTRUCT 16' MINIMUM
HEIGHT CANOPY STRUCTURE
AND ALL APPURTENANT WORK
AS SPECIFIED AND REQUIRED
1
LS
TOTAL PROPOSED COST
LEAD TIME FOR CLARIFIER
WEEKS
LEAD TIME FOR CANOPY STRUCTURE (Design, Approval and
Fabrication)
5 ]WEEKS
The total amount of this bid is ($I Z060 , 0 - qitten out as
C-2
.IST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
0 V4\
By submission of this proposal, the Bidder certifies:
4• — 1: That lid it; able to and will perform the balance of all work that is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
_ .JNCOLLUSION AFFIDAVII.
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Terry L. Fleming, J r . , being first duly sworn, deposes and says that he or she is
President of Fleming Environmental 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.
Subscribed and sworn to before me this 1 s t
I -
NOTARY PUBLIC
Jennif
Fleming Environmental Inc.
Name of Bidder
ignatu .�
Terry L. Fleming, Jr. President
6130 Valley View St. Buena Park,CA
Address of Bidder 90620-1030
day of November, 200 1
Public
JENNIFet MARTIN L
1 COMM.011MM D
NOTARY KWC-CAUFO~
ORANGE COUNTY
Q My Comm. Exp. April 22.2002 N
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 FUEL PUMP ISLAND CANOPY at 18311 Gothard Street, (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: November 1, 2001
Fleming Environmental Inc.
Contractor
y eming, Jr.
President
Title
C-5
DIS _ ,ALIFICATION QUESTIONN-_ARE
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 X 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
COMP SATION INSURANCE CER1 ___ .tCATE
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: November 1, 2001
Fleming Environmental Inc.
Contractor
Terry . Fleming, Jr.
President
Title
C-7
L JERGROUND SERVICE ALL_ f
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: N/A TO be- 0d htM�
Fleming Environmental Inc.
Contractor
J
y L. F,1g, Jr.
President
Title
Date: November 1, 2001
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work Additional forms may be obtained from the AGENCY
upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Fleming Environmental Inc.
Bidder Name
6130 Valley View Street
Business Address
Buena Park, CA 90620-1030
City, State Zip
(714 ) 228-0935
Telephone Number
License #746017 Class A HAZ-HIC
State Contractor's License No. and Class
02/18/98
Original Date Issued
02/29/02
Expiration Date
The work site was inspected by Richard C ou 1 s oof our office on October 31 , 2001 .
The following are persons, firms, and corporations having a principal interest in this proposal:
Fleming Environmental Inc.
Jennifer Martin Vice Pres/Secty
Terry L. Fleming, Jr. Pres/Treas.
C-9
The undersigned is prepm o satisfy the Council of the City of Hk _,ngton Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Fleming Environmental Inc.
Company Name
Terry L. Fleming, Jr. President
Printed or Typed Signature
Subscribed and sworn to before me this 1stday of November , 200 1.
Y ?; JENNIFFR MARTIN
eV COMM. #11773,g
y' NOTARY PUBLIC CAUFORW ��>p
^ ORANGE COUNTY Vi
—� My Comm. Exp. April 2Z 2NO2 N
NOTARY PUBLIC (e_'S��,4,4ov /,0/
i3frfiifer Main - No-tary Public NOTARY SEAL
Listed below are the n`arfies, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. See Attached References
2.
3.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Date Completed
Contract Amount Type of Work Date Completed
C-10
FLEMINGENVIRONMENTAL INCORPORATED
6130 Valley View St. • Buena Park, CA 90620-1030 • 714/228-0935 • Fax 714/228-9231
License #746017
Shea Homes
P.O. Box 1509
Brea, CA. 92822-1509
• Mont Calabasas,
Calabasas
• Phase 1
$76.589.00
• Phase 11
$59,840.00
• Phase III
$186,041.25
• Phase IV
$324,894.00
• Phase V
$617,658.00
City of Pomona
505 S. Garey Avenue
Pomona, CA. 91769
Construction of PaNers Park
$210,660.00
West Coast Utility Services
7724 Futton Ave.
N. Ho'lywood, CA. 91605
Utility Consultant
REFERENCES
9100 — Ongoing
Bijan Farahani (805) 431-3688
01101 — 6101
Richard Dimalanta (909) 620-2252
Doug Apply (818) 764-8800
Jana Contracting Tom Skalla (714) 632-1899
1460 Red Gum
Anaheim, CA 92806
Dry Utilities: Various Projects
City of Long Beach 08101 —10101
333 West Ocean Boulevard Mike Slama (562) 570-5173
Long Beach, CA 90802
Improvement of North Branch Library Parking Lot
$65,824.50
City of Newport Beach 10101 —11101
P.O. Box 1768 Mark Puglisi (949) 644-3331
Newport Beach, CA 92663
2000-2001 Balboa Island Bayfront Repairs
$231,950.00
Environmental Solutions for a Better Tomorrow
References Cont.
Page 2
City cf San Bernardino 07101 — 08101
300 N. "D' Street Jim Sharer (909) 384-5244
San Bernardino, CA 92418
Tumkey Installation of Above Ground Fuel Tani
$24,900.00
County of San Diego 6/98 -11/98
5555 Overland Avenue, Btdg. 11 Eric Nelson (858) 495-5288
San Diego, CA 92123-1290
Contract #43769, Construction of Fuel Facilities
$370,709.00
City of Los Angeles 2/99 - 7/99
650 S. Spring Street, Suite 600 Dennis Wong (213) 847-4032
Los Angeles, CA. 90014
Contract #C-97393, Fuel Storage Tanks & Dispensing System
$319,507,00
City of Chino 6/00 —10100
13220 Central Avenue Brian Lee (909) 464-8317
Chino, CA. 91710
Chaffey College Parking Lot Improvement
$99,459.00
City of Oxnard 8100 — 5101
305 West Third St. Mar Olosan (805) 385-7840
Oxnard, CA. 93030
Extended Parking Lot for Oxnard Transportation Center
$211.039.00
City of Banning 7/98 -11/98
99 E. Ramsey St. John Middleton (909) 922-3130
Banning, CA. 92220
Project #1997-07, Joint use Fueling Station
$334,431.00
County of Los Angeles 7/98 - 6/99
Department of Public Works Jolene Guerrero (626) 458-3137
900 S. Fremont Avenue
Alhambra, CA. 91803-1331
Underground Storage Tank Compliance Program — Group 3 Work
$886,765.51
References Cont.
Page 3
City of Manhatten Beach
1400 Highland Avenue
Manhatten Beach, CA. 90266
Fuel Tank Removals and Replacements
$295,079.00
12/98 - 3/99
Ed Kao (310) 545-5621 X375
North County Transit District 8198 -10/98
810 Mission Avenue Tom Traver (760) 967-2841
Oceanside, CA 92054
IFB #9825 Replacement of Underground Storage Tanks, Phase 1
$104,893.00
City of San Diego
1010 Second Avenue, Suite 500
Ma:l Station #1103 A
San Diego, CA. 92101
Vehicle Fuel Storage & Dispensing Facility
$539,441.00
11 /98 - 3/99
Ted Olson (619) 573-1266
City of Fountain Valley 12/98 - 2/99
10200 Slater Avenue Bob Cailison (714) 593-4433
Fountain Valley, CA. 92708
Removal of Underground Fuel Storage Tanks
$109.800.00
City of Monrovia
415 S. Ivy Avenue
Monrovia, CA. 91016-2888
Centralized Fueling Site
$184,789.00
Los Angeles County Sanitation Districts
P.O. Box 4998
Whittier, CA. 90607-4998
• San Jose Water Reclamation
Contract #3609 S145,267.00
• Los Coyotes Water Reclamation
Contract #3608 S182,758.00
• Joint Water Pollution Control Plant
Contract #3622 $198,075.00
• South Gate Transfer Station
Contract #3619 $241,914.00
5/98 - 8/98
Dennis Shitiet (626) 932-5541
2/99 - 7199
Abdul Edouni
(626) 962-8605
2/99 - 8/99
Philip Kang
(310) 638-1161
2/99 —1100
Philip Kang
(310) 638-1161
2199 —1100
Philip Kang
(310) 638-1161
References Cont.
Page 4
Rialto Unified School District
260 S. Willow Avenue
Rialto, CA 92376-6304
Underground Tank Replacement
$336,017.77
City of Rialto
249 S. Willow
Rialto, CA 92376-6304
Underground Tank Replacement
$222,252.86
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
Installation of Clarifier and Accessories
$34,474.00
6199 — 2100
Alex Irshalld
7/99 — 2/00
Alex lrshaid
(909) 734-3400
(909) 734-3400
6199 — 7/99
Wendy Harris (626) 813-5241
City of Orange 8199 — 2100
300 East Chapman Avenue Frank Sun (714) 744-5569
Orange, CA. 92866
Grading and Excavating for General Site Impro-/ements Fire Station #8
$403,064.18
City of Palm Springs 10/99 —12/99
P.Q. Box 2743 Tom Cartwright (760) 323-8204
Palm Springs, CA. 92263-2743
Ruth Hardy Park & Sunrise Park Playground Renovations, CP97-34, A4142
$146,691.00
Apple Valley Unified School District 10/99 —1100
22974 Bear Valley Debra Reynolds (760) 247-8001 EXT 340
Apple Valley, CA. 92308
Playground Renovation for Desert Knolls, Mariana and Mojave Schools
$181,645.40
LA County Department of Public Works 2/00 — 3/00
P.O. Box 1460 Alien Ude (626) 458-4953
Alhambra, CA. 91802-1460
Installation of a Storrrceptor at Westchester Yard
$46,553.00
V
References Cont.
Page 5
County Sanitation District No. 2 of Los Angeles County
1965 S. Workman Mill Road
Whittier, CA 90601
• Carson Upgrade 12199 —1100
$49,912.00 Frances Garrett
• Carson Total Energy Facilities 12199 —1 /00
$38,069.20 Frances Garrett
• SAUGUS UPGRADE 12199 —1100
$45,000.00 Frances Garrett
(562) 699-7411 X3508
(562) 699-7411 X3508
(562) 699-7411 X3508
•.�s?BD:. CERTIFICA OF LIABILITY INSU�INCE 03/9/02
PRODUCER
Armstrong/Robitaille Bus&lnsSv
680 Langsdorf Drive, Suite 100
FO Box 34009
Fullerton, CA 92834-9409
INSURED
Fleming Environmental Inc.
6130 Valley View Street
Euena Park, CA 90620
COVERAGES
THIS CERTIFICATE IS ISSUED AS A LIATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERII Gulf Insurance Group
M.URERS: Hartford Insurance Co'Il any
IVSURERc. National Union Fire Ins. C
IV SURER D,.
INSURER E:
T HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD [NDICA-ED. NOTWITHSTANDING
ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT %1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE!M IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Nf R I TYPE OF INSURANCE I POLICY NUMBER �POUCY EFFECTIVE POLICY E%PIRATION LIMITS
9 DAtf� MMDNY Ai . WDD/Y
p, 1
GENERA_UABIM
GU2835967
• 09/01/01
09/01/03
EACH OCCURRENCE
000
COMMERCIALGENERALLIABILRY
MADE XOCCUR
tS2000
,0 0
FIREDAMAGE(Artyayefiti)CLAMIS
LIED EXP (Any one Pena•)
PERSONALBADV"RY 132, 000,000
LiGENERAL
AGGREGATE 1321000,000
PRODUCTS •COM ;10P AGG S2 Q d , O O O
GENLAGGRE{G-ATE LIM[TAPPLIESPER:
POLICY 1 -1 Pea F I LOC
E.
AUTOMOBILE LIABILITY
X ANY AUTO
7 2 ULMJO 5 0 8
09/01/01
09/01/02
COMBINED LIMIT
e
131, 000, 000
BODILY INJURY
{P-porson)
S
ALL O%VNE D AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X ! NON-OWNEDAUTOS
APPROVED 15 I(
GAIL V3"O�"
6 •• Deput7 CS
r,�.(
Ity Attorn
9 tt rTSBy
y ��iL
2
BODILY INJURY
S
PROPERTY DAMAGE
_
T
ti�
«.«.,
S
GARASE LIABILITY
ANY AUTO
H
I "[: -Lj "
AUTO OILY • EA ACCIDENT
OTHER THAN f EA ACC
AUTO ONLY:
Is
3
C
E%CESSUABIL[TY
X I OCCUR CLAIMS MADE
F
7402354
09/01/01
t
09/01/02 1EACHOCCURRENC_E_
AGGREGATE
-- --
_s1 000, 000
S 11 OD 0 1kO 0
_
S
DEDLCTiBLE
I ! RETENTIOv S
I
is
`l WORKERS CMWENSAMON AND
I EMPLOYERS' LIABILITY
I LWC STATU. OTH- I
I�SIDFY_LIMIT$
E.L EACH ACCIDENT Is
E.L. DISEASE •EA_EMPLOYEE' S
rE L. DISEASE - POLICY LIMIT I S
E.
OTHER Equipment
72MSKF9548
09/01/01
09/01/02 I $1, 000
1 ented/Leased
I$100,000
Of SCRIPTION OF OPERATIONS'LOCATIONSIVEHICLES'EIICLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
30 Days Votice of Cancellation Except 10 Days for Non Payment of Premium
RE: Fuel Pump Island Canopy at the Fire Training Facility,
Cash Contract No. 1172
The City of Huntington Beach, its agents, officers, and employees are
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERtETTEPt.. CANCELLATION
City of Huntington Beach,
Department of Public Works
PO Box 190
Huntington Beach, CA 92648
SiOULDANYOFTHEABOVE DESCRIBED POLICIES BECAN CELLED BEFORETHEE%PIRA71 N
DATE THEREOF, THE ISSUING INSURER WILL =N]fj;q}MAIL30-_ DAYS WRITTEN
NO -ICE TOTHECERTMATEHOLDER NAM EDTOTHELEFT,A70WJ0=',fE 0IH4XX
aa�sl9cxo�e D[04A71D6CC4C�Q9iD�7CJQ9a44}:4sxv¢�9oes��cx
REPRESENTATIVE
ACORD25-S(7N7)1 Of 3 #S165604/M148622 LKC DACORDCORPORATION 1933
SAPR-12-2002 FRI 03:36 PH Fleming Env
FILE No.455 04/12 '02 14:0ti _ID:
FAX h0. 7142289231 P. 02
FAX=S'~µN1131 PAGE 1/ 1
ACOM CERTIFICATE OF LIABILITY
INSURANCE
04,o 00i
►ROOKER (400 735-1117 FAX (SM Sb4.1131
Employcrs of Excellence Insurance Servicrs
EmEx Insurance Services ` L1t40Ut571
42S W. 7th St. Suite 210 • P.O. pox 252
Hanford. CA 93232
T11:6 CEfITIFICATR IC ISSUED _AVA WMER OF iNMPMATION
c4CY AHa eol�Iflns NO fetai4Ts UPON rmC CUMFICATE
ALTER TKr eOVIS ERRAGEAFFFORO A NOT
P011dsf PRWW.
1 l�St1RE1t8 AFFORDING GCN['RAQE
wmupeD eR, nO nV r manta -Inc
6130 Valley %maq St.
luera Park, Cal 90620
w9MeAoL Yillanova Intursncr
NSL;FEAM
LN9 eR&..
r4.I to 0.
NO.tRtR>s:
[•1s1TF� I �rl a •1
Trc POLICIES OF INSUPANCE LISTED AE,OW HAVE BEEN W%40 TO THE INSURED FOVED A30YE FOR 7 MCY Pf1P00 INDICATED, H01WINSTANDING
ARY NECA I°"KT TFRM OR COONDTTLON OF ANY CCNTRACT OR OTHrA DOCUMEK7 WITH RGSP%CTTo WHICH TMIS CERTIFICATE AWAY BE ISSUED OR
MAY PERTA14. THE (W WRAHCE AFFOADEp OY TMfi POLICIER MWAI4ED HEREIN 13 WMIJECT TO ALLTrC TCRP.14 i=S;ONS MO CON04 ONS OF SUCH
POLIOMS. An W 301 WI4 TS SHOWN IAAY HAVE RE144 MOUCEP BY PAC CiJ1 V&
T'w Or IKeali M"
POLICY NU"ffp
LiYIT4
WIRALUAnIITY
COWTAClALeaMCriiu.LUAU"
CLAIMS M+De M OCCWI
eACS OccuRIgeVC!
!
f1R_DArAA3C a+�h+l
i
LID %XP IAr WA P. W
S
rGRidtAL L aaU w,UaY
�
aaveAALLsaAMurs
e
Qtl� fdCAfi4ATiVLf'TMAtfi6rfiR
PDUCY rRP LOC
COMP" AM
1
Au�oworuLSA�11m
AHYALJT'O
ALLCWNEO AUTOc
tCKzkU2AUTW
KREOAUTOt
I�REaln.saAL,Tas
TO:,"'V
dYp
Gg11, $UTTO=7• t-
By: newa
IL
- Attorne
Att�n yn.,
y 1�6�i
/
CLOIyeRrfOiMGY.iLIWr
Ui §-twt)
t
IA M y
aDr
t
Y
e
PPOPtJ11Y pw1AGt
!
o.AAoiliA:l►HY •••_M
ANYAL.7C
„'"—L7 4`:
f+ l'•�'*S"z'
j"C-�•"""
AUTO OILY- F-AACCJCLW
M
o'M[�1SuAw LOAA=
A�rOpr�r. Aa(I
M
r44MIJAMUTY
OCCA C:i. WMADE
RtOUCTIe:.i
gi7f.►•T,ON i
EAcnOxuYRAA�+ei
II
A60PGpAyC
1
f
�
A
YIIORUM0001004AI10HAND
CYPLOTSAA' UARIM
0019Z1172
4sf01 5001
/01/7002
X &`Ii
T t• ! AO.1 AxIClifT
iLOMAX
it o�Rt9E • cc iuPLari
! 1.000
L L 0wsasr -P*. CY LAa'T
3 2 000
OTR.lR
pEGCfif+lY.Iw pF DP4AATtOMAA.CCAT�OwRrypycltl4RY[Ly1gMe AoOLD /Y aRO01R6eA1FIitArlUTAL /R4YIl+Orl�
R.cn.+rRwRiRMruwtrR A0Q11"LeIW ,NRLFTrM CANGELLATIOPI
iRaoutO A/IY O} TM A/OMC D!<saglliD PaLIcIEo !i OAwGtLLJhO ■none TrR!
t4V ArA)k PAIN 711111100F. TMC NFU1*6 CMLw60&MKML
City Of Huntington Beach DAYS tIWnVINOMETO CllrnnCATe1W�0eRMwpro�nKlsri.
2000 Min Strwt
P.O. BOX 190
Huntington Beach, CA 12644 Am0m* "mmwAW A A I I I AA W1.11AM.
FAXI (7143223-2231
i DES gIPTiONS (Continued from ; 3e 1)
named additional insureds as respects general liability per endorsement
attached.
A1ISM3(07197) 3 of 3 #5165604/M148622
POLICY NUMBER: GU2835967 COMMERCIAL GENERAL LIABILITY
Fleming Environmental Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - (FORM By
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Huntington Beach, its agents, officers, and employees
30 DAYS NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NONPAYMENT OF
PREMIUM
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Job Description: Cash Contract No. 1172; Fuel Pump Island Canopy at the Fire Training Facility
0PROVED AS TO FOR1t r
GAIL HUTTON. City A tO pep
13 Deputy CiVV
�t"
CG 20 10 1185 Ccpyright, Insurance Services Office, Inc., 1984
Page 1 of 1 0
PERFORMANCE E30 T- TRAVELERS CASUALTY ANDL rAETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Bond No. 83SBI03602973BOI
PR iIUM: $797.00
KNOW ALL MEN BY THESE PRESENTS: EXECUTED IN DUPLICATE
that FLEMING ENVIRONMEWTAL, INC.
6130 VALLEY VIEW ST., BUENA PARK, CA 90620
(Here insert full name and address or legal title of Conuactor)
as Principal, h"ina!ter called Contractor, and, TRAVELERS CASUALTY AND EVRETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation
duty organized under the laws of the State of Corunecticut, as Surety, hereinafter cared Surety, are held firmly bound unto
CITY OF HUN''TINGTON BEACH
2000 KtIN ST. , HUNTINGTON VeAratiertz name 6waddress or legal We of Owner)
as Obligee, hereafter called Owner, in the amount of SEVENTY THREE THOUSAND S EVF 4' MIWDRED FIFTY AND NO / 100
Dottars (S 73, 750. 00--- ), for the payment whereof Contractor and Surety bind
twnzeh", their heirs, executors, administrators, successors and assigns. Jointly and severally. fumy by these presents.
WHEREAS, Contractor has by written ■greemhnt dated MARCH 26, 2002 , entered into a contract with Owner for
FUEL PUMP ISLAND CANOPY AT FIRE TRAINING FACILITY, CASH CONTRACT 111 1172
in accordance with Drawings and Specifications prepared by
CITY OF ELM''TINGTON BEACH
(Here Insert tun name and address of Legal tMe of Architect)
which contract lo by reference made a part hereof, and Is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such
that, d Contractor shall promptly and falthfury perform said Contract, then
this obrga`.ion stall be null and vad; otherwise rT shall remain In hall force
and effecL
The Surety hereby waives notice of any alerat`on or extension of time
made by the Owner.
Whenever Contractor shall be, and declared by Owner to be In default
under the Corg:a the Owner having performed Owner's obrVatbu
thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract In accordance with its terms and conditions, or
2) Obtain a bid or bids for eomptetlri the Contract in accordance with its
terms and conditions, and upon determination by Surety of the lowest
responsbie bidder, or, If the Owner elects. upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arrange for
a contract between such bidder and Owner, and make amiable as Work
progresses (even though there should be a default or a succession of
defaults under the contrail or contracts of completion wra+ged under this
paragraph) sufficient funds to pay the cost of completion less the balance
of the contract price; but net exceeding. Ytcfiadirng other costs and
damages for which trio Surety may be liable hereunder. the amount set
forth In the first paragraph hereof. The term 'balance of the contract
price . as used In this paragraph, shag mean the iota! &mount payable by
Ownef to Contractor under the Contract and any amendments thereto. Less
the amount properly paid by Owner to Contractor.
Any suit under Cis bond must be instituted before the expiration of two (Z)
years from the date on which rhab payment under the Cwftct hits due.
No right of action &gall accrue on this bond to or for the use of any person
or corporation other than the Owner named herein or the heirs. executors,
administrators or successors or the Owner.
Signed and sealed this 1ST day of APRIL . 2002
(Witness)
(W'finess)
ELEMING ENVIROPMXrAL, INC.
(principal) (Seal)
V-��e —
Tarry . Fleming Jr. President (Tice)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
p
MICHAEL A. QUIGLEY Attorrtey+o-Fad
Printed in cooperation with the American Institute of Architects (ALA) by Travelers Casualty and Surety Company or America. lire language In
this document conforms exactly to the language used In AIA Document A311, February 1970 edition.
3-1170-E (07-97)
Page 1 of 2 APPROVED AS TO F01 IV
GAIL 1 ;TO:I, Cfts A to=ey
S,y: Gi -;Iy A=,torney
V
State of California
County of orange
on Y —q before me,Jennifer Martin -Notary Pub
IDATEI NAME/TITLE OF OFFICEHa.e.'JANE DOE. NOTARY PYBUVI
personally appeared Terry L. Fleming, Jr.
4NAMUSI OF SIGNEAMN
® personally known tome -OR- O
0;� JENNIFER MARTIN
COMM. M1IM76
N ',
t�'u{? NOTARYPUSUCCALIFOr1M>
ORANGE COUNTY N
` Y My Conee bm A d 22. 20C2 N
ISEAL)
proved to me on the
basis of satisfactory
evidence to be the
person W whose name
Islayk subscribed to the
within instrument and
acknowledged tome that
he/sVeltl y executegd- t e
same in his/hilt 'r
authorized capacit ),
and that by his/ ttAir
signature(on tthe
instrumentthe person(A.
or the entity upon behalf
of which the personal
acted, executed the
instrument.
Witness my hand and official seal.
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT.
Title or Type of Document
Number or Paget Data of Doeurnent
Signer Is) Other Than Named Above
WOLCOTTS FORM E727e Rev. 3 04 (pk* crass C-2A1 101e24 WOLCOTTS FORMS. INC.
CAPACITY CLAWED SY 510MRIS)
OINDIVIDUALIS}
)MORPORATE _
lc OFFICERIS) President
134ILLP
OPARTNEA(S) OLIMrTED
OGENERAL
OATTORNEY W FACT
OTRUSTEEIS)
OGUARDIANICONSEAVATOR
OOTHER:
SIGNER W REPRESENTING:
(Name of Personlsl of Entitylies)
Fleming Environment
CAPACITY CLAIMED BY SIGNERISI
❑1NDWIDUALISI
OCOAPORATE
OFFICERIS)
illtrarg
OPARTNERISI OLIMITED
OGENERAL
DATTORNEY IN FACT
OTRUSTEEISI
OGUARDIANICON SERVATOR
OOTHER:
SIGNER IS REPRESENTING.
INeme of Personls) or EntityGes)
Inc
V
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
ss.
OnAPRIL I, 2002 before me, M. TREDINNICK, NOTARY PUBLIC
Dee Hai* and rafe'of Offiow (a.q . Jana On. Noary PaDW-1
personally appeared — — MICHAEL A. QUIGLEY
v-nep) of Spnerlal
M. TR=D NNICK
Comm(won 1213OS4
NC'C P�b.;C -t_ rY — Ccl�torn(a s
x" Oronge Cmm,,!y
nny Comm. Expires &Acr 26, 20CJ3
91 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(l) whose name(%) isloi
subscribed to the within instrument and
acknowledged to me that he<E-10 Cexecuted
the same in hislteti authorized
eapacit om), and that by hisAXRX% L
signature(s) on the instrument the person(io. or
the entity upon behalf of which the persona
acted, executed the instrument.
WITN>rSS y hand and off ' seal.
P4oe Noury ser Abort. J S+ ft" of N *Wy Pubk
OPTIONAL
Though the information Wow Is not requiredby law, it may prove valuable to persons relying on the document
and couldprevent fraudulent removal and reattachr:ent of this farm to another document
Description of Attached Document
Title or Type of Document:
Document Date` Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thano rwe
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney In Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing:
01997 NaOwW Notary A"odatlon - SM De Sao Are., P.O. Box 24M - Cheferrort4 CA 01313.2402 Prod. No. NOT Reorder: CeJ TeWt" 141D"'6 ISW
TRAVELERc ^ tSUALTY AND SURETY COMPANY OF AINIFRICA
TRA1 %RS CASUALTY AND SURETY COIiPAM
'ARtit1L�GTON CASUALTY C041PA,YY
Hartford, Connecticut 05183-9062
POWER OF ATTO%NEY AND CERTIFICATE OF AUTHORITY OF ATTORINEY(S)-Lti'-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attorneys) -in -Fact,
with full powe: and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the
following lisle be filled in, Rithin the area there designated
the following iastnunent(s): by his/her sole signature and act any and all bonds, recognizanc es, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointor:nt is made raider and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any -Vice President, any
S mond Vice President, the Treasurer, any Assistant Treasures, the Corporate Secretary or any Assistant Secretary may appoint Attome)%:m-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recngnizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executiv: Via President, any Senior Vice President or any Vice President
may dcl bate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
ir. %Titing and a copy thereof is filed in the office of the Secretary.'
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, M
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power Frescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority_
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COtiiPANY OF
.431IERICA, TRAVELERS CASUALTY AND SURETY CONIPANY and FARhILtiGTON CASUALTY COMPANY, which
F:esolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Via
Fresident, any Assistant Vice President. any Secretary, any Assistant Secretary, and the seal of the Company may be arced by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vic. Presidents. Resident Assistant Secretaries or Anorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney
or certificate bearing such fnmsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to utiich it is attached.
(8-97)
BOND8358103602973>3Cai Premium for this bond Included -
EXECUTED IN DUPLICATE in charge for Perfatmalce Botld.
LABOR AND MATERIAL TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
PAYMENT BOND' Hartford, ConnecUW 06153
THIS KIND IS ISSUED SIMULTANEOUSLY WrrH PERFORMMCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND
FArT ULL PERFORMANCE OF THE CONTRACT
FLEMING ENVIROK!NTAL, INC.
KNOW ALL MEN BY THESE PRESENTS: 6130 VALLEY VIEW ST. , BUENA PARK, CA 90620
that
(Haze insert U rwna and address or legal Utle o(Carnbadar)
W P& ci* hwsahattar Cased Prkhcip4I. and. TRAVELERS CASUALTY AND SURETY COMPANY CF AMERICA, of Huifard. CatvwdkxA. a corporation
CIL4 mg;s'&ed Urhdtr the terra of the Sb t of Cam as Swety. hwekmiwr Wiwi Surty, era hold "bound unto
CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
(Here knelt U I to.. and address or bgad its of Owner)
as Obfigm b ffvk atler cztled Owner for the use and bar % d(Cakswb as herdntm4ow dr'ww . In the smart of
SEVENTY THREE THOUSAND SEVEN EUNDRED FIFTY Dollars (S # 73, 750.00 -- ), tcrft payment %torwf Prkrlpal
and Surety tad Cwroehes, owe heks, executors, adrrrnistradors, suaca mmm and "Signs, jokoy and severally. firmly by am" prw emb.
WHEREAS, Pilrrdpsl hos by wit= sgreemert datad MARCH 26, 2002 9 , v dw Into a con"d wih Owner for
FUEL PUTT ISLAND CANOPY AT THE FIRE TRAINING FACILITY, CASH -CONTRACT # 1172-
bi scCcrdarme vv!h Drawings and Spmelficadkm prepamd by CITY OF HUNTINGTON BEACH
(Yuen. meet flu rome and adaresa Cr largd We of Ar�wcq APPROVED A S T O FORI.i ;�
GAIL HUii02d, City Attorney
Mulch eonhis by m%roxa fftade a pR hwwf, wW k hweb few idarred to as the Canhsa By: Deputy City Attorney
NOW, THEREFORE. THE CONDITION OF THIS OBUGAMN is such
that, If F&dpol abaft promptly maim payment to an da hmta as
hers near &furl, for d labor and nutertal ursed or nmormbip regUmd
hir tnn m the palmnanm of the Contrack there tlis ob7Detien &W be
v3K of WW" R shalt nmeh in ful farce mind erect, subject, however. to
the lba" condlorm
1) A dW maw t Is defined as ors to ft a end cw ad wdh the Prlrr *d
or wth a Su boontsdor of tee Pri x*W for bbw. rnabvK or both, sued or
daamnably required rot use In the piulonnves of the Conbract, tabor and
Roteral t aorhstrud fi: Inclrtda that part d wader. gee, power. W
Ant. A gwarrtk h iephone service or nmtai d egUoment dbaetfy
■ apllcmbk tc the Contrxt
2; The a5an gmwd Pnncpi and 3ur" hereby Joy* and sarveraoy
ors. wth V* ovrnar that every CbWw t as hersn defirrd, wen has rd
ben psid In lull bakm the station of a period d nk" (9t7) drys abler
era' daea on attach the bat of much elaknmrs ware or Lbw was dorm or
pnlarrsud, ar nn.r.rhls were furmWoed by such cbknart, may sue on Rhk
bed for ft use d Such c%knant pcoomft dw raft to tines )adWrmt tar
arch sun cr sabre an tray► be ) mliyr due cWmark and have amcu m
V ersom The (>wnaw *WI not be labia: fa dv pyment or arty casts w
a9wo w dry sett sus
3 ) No su3 a ad/in rhea be cwnm nnced bw wndlw by any thaimwk
(a) Urrkss ch'rtfart, other than one hmliV a dind cwt nd wkh ter
Pi cipat, see Nerve ghmn moon nobce to uy lvm d the
ft byre. the Prkxipai. the Owner. or the Surety obo o4wried.
wlbhh ndney,"q days attw asrcfh cWnwd dad w pwrfxwW the
tact df U m worts or labor, or hrnishwd Ohs kd of Rue tndwkk flan
which said Vain Is tnade. 00V with wtetw d aoaraoy the
a root dakrad and the ram of the panty b mom the
DATED: APRIL 1, 2002
mdaxkLs were hsnhhed, or fat *Wn the work or labor was
done or pert mvi Such mousse shmll be served by marlin
the same by registcred mail or eerti.6ed mm7, Po=ge
prep" in an w n*qw aftossed to the PncckW. tA~ or
Surety, at mry place where an office is regt:latly
maiamiwd for the tai mctioa of bashers. or aerved In
any mw+ar In which *W procews tray be served In the state an
**k h to doreaid pmjW Is kx*eA save that such service
tread not be made by a put# ollica. _
(b) Aftw Im cgkmdm of ono (1) yew k&mkg the dace an
Pr w4d awed work on said Ca vi4 R bvbV urdwsbx4
Aorv"w. that If my IlrnWon anboded In this bond is
prd*AW by any law du ew sbucSon hw ed such
Imbtlon slit be downed to be amended so m to be e" to
the miriu m MW of Drfrlt 5m pwffd ad by suds law.
(C) Oahu than In a state court of ccmpwtent juisrsdlon In and
Im to cm rdyra ditw political u b&Asbn e(Ow sWe ire wNch
the PrnjmQ w my pert thwreof, is skmUxL or In the L rdW
Stales CWk1 Court for the dstW In which the Prate or arty
put tiorsof. b shmIK and not ei-ewthrrr-
4) The am urd of this hand shst be n:duead by"to the
adsnt of wry per. t or pvpr nts made In good faith
hwnr4wr, khduW" of to pepTwt by Suety of meor+ri ke
Iiws h A id trey be filwd of record spinet said rnprve"mk
h *o* wr or not cant for b" wr oul of such iwn be prom nkd
unbar and vowel this band.
FLE14ING ENVIRONMENTAL, INC.
(wdne") Z
rry L. Flem. kYresident
I_aCAWMTYAP4SVRETY COMPANY OF AMERICA
(.orbs:)
Y1i/Y//AT�i'{lr.� •li V•1[1LL /i• \(V iVLYJ
Prkdad in eoopwration with the Mwican Watthda of Ardtkects (AIR) by Tr+vW ws C wmKy &W Watt' Coffvmny of Armmica. Tb* langua w in
VAS docr vent eonioanra w uctly to the tangmage uewd In AIA Dochsnwnt A371, Febuary 1e7e wdkkwL
S-1971-F (07.97)
State of California
County of Orange
On 9:Q� before me,Jennifer Martin -Notary Pul
IDATEI VKAMErTk%E OF OFFICER..a *JME OOE, kOTARV PUSUVII
personally appeared Terry L. Fleming, Jr.
WAMEIS) Of SiIGNERISII
® personally known to me -OR- ❑
proved to me on the
basis of satisfactory
evidence to be the
person whose nameW
Is/are subscribed to the
within instrument and
acknowledged to me that
hel%%�plii oy executed the
same In his/W/t it
authorized capacl y(i ),
and that by hislt�tAtAir
signatureW on the
instrument the person($,
or the entity upon behalf
of which the personEal
JENNIFERMARTIN acted, executed the
COMK X I IM76
NOTAA,r rva X'CAU *'t" instrument.
r OKANGE COUNTY +
Q w MYCo" W"Ulm NWitness my hand and official seal.
(SEAL)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CEAT:FICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Tide or Type of Docunsm
Number of Papas Data of Document
Spnerlsl Other Than Named Above
W0I.COTTS FORA 63239 Rer. ]-ia Iwice elms 0-2A) 01994 WOLCOTT$ FORMS. WC.
CAPACITY CLAIMED BY SIONERIS)
DINDIVIDUALISj
)MORPORATE
_c oFFICERISI President
jUtLESI
OPARTNER(SI DLIMITED
DGENERAL
OATTORNEY IN FACT
OTRUSTEE IS)
OGUARDIA NICONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING:
(Name of Personls) or Entityriesl
Fleming Environment
CAPACITY CLAIMED BY SIONERIS)
DINDIVIDUALISI
OCORPORATE
OFFICER(S)
rI Lsl
OPARTNERIS) OLIMITED
OGENERAL
OATIORNEY IN FACT
OTRUSTEEIS)
OGUARDIANICONSE RVATOR
OOTHER:
SIGNER IS REPRESENTING:
INeme of Personfs) or Entityrws)
Inc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE ss.
pnAPRIL 1, 2002 , before me, M. TREDIN�IICK, NOTARY PUBLIC
Dan fame and TMa of ORow {e.9., 'Jrn Doe. Notary PR�4c7
personally appeared MICHAEL A. QUIGLEY
Nrr*s) of sgnr(a)
Ni. TRMINN CK
Ca 1213354
sti :=-cry Puo'ic — CCIHOrr:ia 5
Orcnge Co_r.:y
Comm. Expires mcr 26, 20C3
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(i) whose name(N) is/=
subscribed to the within instrument and
acknowledged to me that hemexecuted
the same in his/be1f< authorized
capacityDIX), and that by his/bECRfA XX
signature(%) on the instrument the person(9(, or
the entity upon behalf of which the personoq
acted, executed the Instrument.
WITNESS my hand and official seal.
P400 Notary Seal Above sgnaawe of Nary Pubk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevenf fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date.'
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer's Name:
Eli
SON
❑ Individual Top of thunn mere
❑ Corporate Officer —Title(s):
❑ Partner—❑ Limited ❑ General
0 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
0 199' Nadmel Nary AsK daton • BM Do Soho Ave., PO. Box 2402 • Chamvtorlh, CA 91313-2402 Prod. No. 59DT Reader Cal Tdi"ma 14 004?&fiW
TRAVELER" "4SUALTY AND SURETY C031PA-NY OF A PRICA
IERS CASUALTY N'D SURETY CO..N PA.Y�
APMD GTON A,CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OFATTOR,NEYM-Di-FACT
K.`OW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AI ERICA, TRAVELERS CASUALTY AND SURETY COIYIPANY and FA.RIN GTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") path made. constituted and appointed, and do by these
presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attomey(s)-in-)~act,
with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the
following Line be filled in, within the area there designated
the following instrumem(s): by his/her sole signature and act, any and all bonds, mognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as If the same were signed by the duly authorized officer
of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made tinder and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now m full force and effect:
VOTED: That the Chakman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any.Vice President, any
Second Yee President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the cm. pany and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaidng, and any of said oircen or the Board of Directors at any time may remove any such
fppointee and "woke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
M. delegate all or any pact of the foregoing authority to one or mom officers err employees of this Company, provided that each. such delegation is
is writing and a copy thereof is filed in the oMce of the Secretary.
VOTED That any bond, recagrirzance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
tndertaldng shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Ftnior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Seaetary, or (b) duly executed (under seal. if
r:quire) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
ty one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMMPANY and FARIM]I1GTON CASUALTY COMPANY, which
Resolution is grow in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
Fresident, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of a=mcy or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in Fact for
purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certifies'-c bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and.
certi
fied by such facsimile signature and facsimile seal shall be valid and bird:ng upon the Company in the future with respect to any bond or
undertaMng to which it is anached-
(1.97)
rlrm-u.-cm tuc uq;uu rn rleming rnv
rNx Nu. 114LCt voeiI r. 111
FLEMING ENVIRONMEN`I"AL. INCORPORATED
6130 VAuxY VrEw STREET * BUENA PARK, CA 90620
i714j 22840935 * FAX (714) 22"231
LICENSE #746017
TO: Robed Martinez from Terry Fl&nng
Company: City d Hurdington Beach Pag.m 2 (Indudng Cover)
Fa}c (714) 374.1573 Data 04 03W
p1wx : (714) 536.5432 CC:
row Fuel Pump lslw4 Canopy
❑ Urgent ❑ For Redrew ❑ Plsase Camnse t ❑ please Reply D pleasa Rocycle
• Conwnents:
yrni-nue iut u4,ul rn neming rnv rMx Nu 114Ge_'dU41 Y. ve
• ADr• 9. 200t� 4:5aF1 �+ �jy brl Oloo DU 7417•,7f1 r ,
r"medlar Icsur�ece —. _ °ha.8990 P. 2/2
STATE OF CAL&OMIA
DEPARTMENT OF WSUMNCE '
Amended
Cwtflcate of Authority
'M It ro ter. 7U. r W#Q=+t to As I.MMnor coda of the swe of Cd*WnIe.
TtAvelets Casualty and Surety CcmparT of America
of xareiord, ConnectIc4 ,errrantttdtrndsrthe
rows of Connecticut juNea to (to Aof&# of lnaorpordlan or
athor fundCDWMd ordanlsattaraI doftvnenb, is luraby ac hMired to lrmwct wkAln this Starr,
.vbfect ev a1I prootc�ons of thst CatfJtuvt, the foAowtng deist: of tnrurance; tire. F:acirne,
SUraty, Disability, Plate class, Liability, Workere' Com ensnrien,
Comma Carrier Liability, Boiler and Machinery, Surgltrr, Credit,
Sprinkler, 'Peale and Vehicle, Autonobl2a, ALrcraft, and Miscellaneous
atstct]t ciaurs oro tiav ar t�yher:ajtsr bar a'asjinad sa tld Iyusrrdr,ce Lamtr of the St�aate of Cal+f am tc.
•ice G`saras=j; it ";Wtsdy "O'dNantd toper the Milder heroof now ertd hersofser be;ng in
faU eompt" uWA dii, and not in uWation of any, of the applicable lams and IsmW requr ements
mode under sothar,7y of [At roles of the Stacy of Colt grnta as long at such Inwr or "Wrcfflents are
�► f act a.d appl�cible, end at reeh lolct anal raQtrbamsr:tr soul a:►+a, or may here0er bo el aged
or aanrwde.�
be Wtr MU Wumor, etetttne ar of the 1:t_........._day
of .. Sul x , 2 12—,1 have hereunto set
;my h"j dd eae,und my pfew sdal to be 4saed ehkwl�sJL_
dr sf . --ems - ..�.se
By v ccorse. b .
+ h. •
}
of Stela matt w *=ff isb.d u trquited
enIL-sce of Au&mtry. n6ur m do so wu! be is r;al.tivq et La.
_...; tw Cwtteyt� er Ao+Daciy phn.eebs re v. evrmenCr+d. to s!
7oa
%,i TY OF HUNTINGTON BEACk .
MEETING DATE: 03/04/02 DEPARTMENT I BER: PW-02-0d5
Council/Agency Meeting Held: 03-- 04-02-,
_y..
Deferred/Continued to:
Approved ❑ Condition Ily Approved ❑ Denied
Clerk' ignature
Council Meeting Date: 03/04/0
Depa ment ID Number: PW-02-005
CITY OF HUNTINGTON BEACH ==.
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
> x ,
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORaAz,"
PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS-
MICHAEL P. DOLDER, FIRE CHIEF/DIRECTOR OF INFORMATION
SERVICES
SUBJECT: AWARD THE CONSTRUCTION CONTRACT FOR THE FUEL PUMP
ISLAND CANOPY AT THE FIRE TRAINING FACILITY, CC- 1172
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
One bid was received on November 1, 2001, for the Fuel Pump Island Canopy at the Fire Training
Facility, Cash Contract No. 1172, located at 18311 Gothard Street. Award to the lowest
responsive/responsible bidder is recommended.
Funding Source:
Funds in the amount of $85,000 have been budgeted for the Fuel Pump Island Canopy and are
available in the General Fund, Fire Suppression, Capital Expenditure Account No. 10065203.82200.
Recommended Action: Motion to:
1. Accept the bid submitted by Fleming Environmental, Inc. for the construction of the Fuel Pump
Island Canopy and authorize the Mayor and City Clerk to execute an appropriate construction
contract in the amount of $73,750 for the construction of the Fuel Pump Island Canopy CC 1172.
2. Authorize the Director of Public Works to expend up to $85,000, which includes the contract cost
of $73,750, estimated construction contingency of $7,375 and $3,875 in undesignated
supplemental expenditures.
Alternative Action(s):
Reject the bid, do not proceed with construction and forego the construction of the Fuel Pump Island
Canopy Project at this time.
Analysis: L
02-005 March 4 Martinez (Fuel Island Canopy).doc - 02/26/02 9:19 AM
�.) REQUEST FOR ACTION
MEETING DATE: 03/04/02 DEPARTMENT ID NUMBER:PW-02-005
Analysis:
On August 6, 2001 the City Council authorized a call for bids for the Fuel Pump Island Canopy
Project, Cash Contract No. 1172. One bid was received and opened publicly on November 1, 2001.
The objective of this project is to construct an ail -weather canopy covering, which would shelter the
existing fuel pump island from rainfall and prevent fuel that may be spilled from mixing with storm
water runoff. The project will include an underground fiberglass oil/Water separator and will allow
cleanup of the existing island. These improvements are required in order to conform with the
requirements of the Clean Water Act, which is implemented under the City's National Pollutant
Discharge Elimination System (NPDES) Permit.
Contract Amount: $73,750
Project Change Orders: 7,375
Project Supplementals: 3.875
TOTAL: $85,000
Examples of supplemental expenditures include building permits, special inspection, and compaction
testing.
The Engineer's estimate for construction was $76,000. Listed below are the contractors who
purchased plans and specifications. One bid was submitted to the City of Huntington Beach:
GENERAL CONTRACTORS
BID AMOUNT
1. Fleming Environmental Inc...............................................$73,750
2. Cal Craft Company............................................................$0.00
3. Madison Industry ...............................................................$0.00
This type of project is specialty work, which accounts for the limited response from contractors.
Public Works Commission Review:
The Public Works Commission reviewed the project on August 15, 2001, and unanimously
recommended approval.
Environmental Status:
This Project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act 16301(c).
Attachments :
RCA Author: R. Martinez:jm
02-00514arch 4 Martinez (Fuel Island Canopy) -3- 212210210,48 AM
RCA ROUTING 51iEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
AWARD FUEL PUMP ISLAND CANOPY PROJECT
CASH CONTRACT NO. 1172
COUNCIL MEETING DATE:
March 4, 2002
RCA ATTACHMENTS
STATUS
Ordnance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORVYARDED
Administrative Staff
(
( )
Assistant City Administrator (Initial)
{ )
( )
City Administrator (initial)
( )
City Clerk
EXPLANATION FOR RETURN OF ITEM:
CITY CL;i-'K
CITY OF
HUNT?NGTO4t BEACH. CA
7DM MY - I P I: 59
10 -*Z d I - AON 1001
V3'140V]$ H015NIINnn
JO A110
r-A"
�f
COPIES TO:
Front Desk
Engineer
f
City Clerk
PROJECT CC-1172
FUEL PUMP ISLAND CANOPY
FIRE TRAINING CENTER
BID DATE: NOV. '1, 2001 @ 2PM
(Engineer's Estimate: $68,400.00
. BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
1. CAL CRAFT COMPANY
2. FLEMING ENVIRON., INC.
3. MADISON INDUSTRY
S
4.
5.
6.
7.
8.
10.
11.
$
12.
$
G\BID LIST
SECTION A
NOTICE INVITING SEALED BIDS
for the
FUEL PUMP ISLAND CANOPY
CASH CONTRACT No. 1172
inthe
CITY OF HUNTINGTON BEACH
.
,kW4
o_'Z
fWd
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2 00 PM on November 1, 2001 Bids will be publicly open in the Council
Chambers unless otherwise posted
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$20.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if mailed
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code Pursuant to the provisions of the Labor Code of the State of California, the
mimmum prevailing rate of per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations
of the State of California, which are on file at the Office of the Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648
The AGENCY will deduct 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 4540 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 accompa by a certified check, cashiers chi or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidd-z 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.
As part of the Bid Submittal, the Contractor is required to make a statement regarding the lead-
time expected for the procurement of the Clarifier and all appurtenant material and statement
regarding the lead -tune expected for the design and approval of the Canopy Structure and all
appurtenant material. Failure to make such a statement will impact the project schedule and may
push the Contract into Liquidated Damages. NO .4DDIT10NAL TIME WILL BE GRANTED
FOR THE FAILURE TO IDENTIFY THE TIME FRAME REQUIRED FOR THESE 77VO ITEMS
OF IVORK.
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 IMTINGTON BEACH, CALIFORNIA,
the 6T" day of August 2001.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
CITY OF HUNTINGTON BEAC 8'� D. �� t� �"b
s _rNb
MEETING DATE: August 6, 2001 DEPARTMENT UMBER: PW 01-111
CouncillAgency Meeting Held: OS-� 6 "4
DefE rredlContinued to:
0 4
A proved 0 Conditionally Approved ❑ Denied
Imo! City le 's ignature c
Council Meeting Date: August 6, 2001
Department ID Number: PW-Iffi-1 '
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY:
PREPARED BY:
SUBJECT:
1�
U
ECTO
W,
010
AUTHORIZE ADVERTISEMENT OF THE FIRE STATION 1-
GOTHARD CANOPY OVER FUEL ISLAND PROJECT, CC-1172
RAY SILVER, CITY ADMINISTRATOR Ov
ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC
MICHAEL P. DOLDER, FIRE CHIENINFORMATION
Statement of issue, Funding Source, Recommended Actlon, Alternative Action(s), Analysts, Environmental Status. Attachment(s)
Statement of Issue:
Should the City Council authorize the Fire Station 1-Gothard Canopy Over Fuel Island Project,
CC-1172?
Funding Source:
Fund3 in the amount of $80,000 are budgeted in the General Fund, Fire Suppression, Capital
Expenditure Account No. 10065203.82200.
Recommended Action: Motion to:
1. Approve the project plans and specifications and authorize the Director of Public Works to
request bids for the Fire Station 1-Gothard Gas Pump Island Canopy Project, CC-1172.
2. Approve the attached Sample Contract subject to award of the contract to the lowest
responsivelresponsible bidder.
Alternative Actions :
Forego approval at this time and direct staff on hcw to proceed with the project.
01-111 aug G righettl (Goftrd).doc j 7127101 9:49 AM 1
/r
REQUEST FOR ACTION �.)
MEETING DATE: August 6, 2001 DEPARTMENT ID NUMBER: PW 01-111
Analysis:
The existing fuel islands at Fire Station 1—Gothard, Station 5—Lake, and Station 7-Warner do
not have all-weather canopy covering, which would shelter the island from rainfall and thus
preclude fuel that may be spilled from mixing with the storm water runoff. The installation of a
canopy over each fuel island, and minor concrete reconstruction, would protect the island area
from storm water and allow cleanup of the fuel islands. These Improvements are required in
order to conform with the requirements of the Clean Water Act 33 USC §1251 et seq., as
amended, including §402(p); the Drainage Area Master Plan (DAMP) adopted by the County of
Orange and the City; and, the City's Municipal Code, Chapter 14.25, which is implemented
under the National Pollutant Discharge Elimination System (NPDES) Permit Program
administered by the Santa Ana and San Diego Regional Water Quality Control Board.
The available funding is inadequate to complete the necessary work at all three locations.
There is adequate funding to install improvements at Fire Station 1-Gothard, including
complete design and construction of concrete island repair, storm water drains, oil and water
separators, canopy structure, and ancillary improvements. The cost for management and
inspection of the construction will also be covered using available funds. The associated costs
for this work are as follows:
Design Engineering (PS & E) ......................... $ 6,500
Construction Management/Inspection............... $ 3,000
Engineer's Estimate for construction $70,500
Total $80,000
Public Works staff has prepared Contract Documents and Specifications for this project and
now requires permission to advertise for bid.
Plans. and Specifications: Plans and specifications are available for review in the Public
Works Department.
Public Works Commission Review:
To have the work completed prior to the next season of rain, this project will be brought before
the Public Works Commission on August 15, 2001, prior to acceptance of bid for a
recommendation to support Council action to award the construction contract.
01-111 aug 6 righetti (Gothard).doc Y. a 7127101 9:49 AM
REQUEST FOR ACTION
MEETING DATE: August 6, 2001 DEPARTMENT ID NUMBER: PW 01-111
Environmental Status:
This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA.
Attachment(s):
RCA Author: Webb/Righetti:jm Ext.1731
01-111 aug 6 righetti (Gothard).doc 14=1 7/27101 9:51 AM
N
ATTACHMENT #1
PACIFIC
�"
qti
�0
1
OCG'
Q-P�G
BALSA
AVE.
O
H
111)
ti
cn
r
cn
r
W
Mc FADDEN
AS
VE.
zEDINGER
�'
AVE.
xJ
w
J
4o
0
^5J
zHEIL=
a
ct:
ra
AVE. m
m0�
"
z
c?a
cn
c�
WARNER
w
Q
o
v
AVE.
0
x
c:
SLATER
AVE. a
405
�I
NOT TO SALE
,oI TALBER7 I I AVE. \`
90 PROJECT
ELLIS AVE. LOCATION
GARFIELD J AVE.
1/1 VI
(n
V)
YORKTOW`N AVE.
�. Cr
ADAMS
AVE.
INDIANAPOLIS
AVE.
Y
AVE.
q� r
J
ATLANTA a =
ao
cc
z
_ U
V 41 S
to
a
LU z HAMILTON
AVE.
OCEAN
y�L�.
BANNING
•
AVE.
0
LOCATION MAP
FIRE STATION No. 1 -- GOTHARD
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
m
ATTACHMENT #2
Mw
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
. FOR THE FIRE STATION NO. 1
GOTHARD CANOPY OVER FUEL ISLAND PROJECT (CC-1172)
THIS AGREEMENT, made and entered into this day of
2000, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and , a California
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as the Fire Station No. 1 Gothard Canopy Over Fuel Island
Project (CC-1172) in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prier to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be bome by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
con am17l24!01 1 SAMPLE
V
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the compensation set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
wo,k as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
1=3tion of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
tha` CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY s standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisicns, amendments or addenda thereto;
D. The 2000 edition including 2001 supplement, of Standard Specifications
for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard,
Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern
con-sam17124101 2 SAMPLE
�J
California chapter of the American Public Works Association and the Southern California
District Associated General Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Piens or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ , as set forth in the Contract Documents,
to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
con-sanv7/24101 3 SAMPLE
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,
sutcontractors and CITY forces and, in general, a!l matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
con-sanV7f24101 4 SAMPLE
V
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and
pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for
labor and materials furnished. Only bonds issued by California admitted sureties will be
accepted.
con-sanVM4101 5 SAMPLE
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the
defective item or items. Upon expiration of such ten- (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not and employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security, state disability insurance compensation, unemployment compensation
and other payroll deductions for CONTRACTOR and its officers, agents and employees and all
business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGESIDELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is riot in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Dollars
($_ per day for each and every working day's delay in completing the work in excess of
the number of working/calendar days set forth herein, which represents a reasonable endeavor
by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would
sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said
co,-sama/24101 6 SAMPLE
damages herein provided, and further agrees that CITY may deduct the amount thereof from
any monies due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
darnages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the ca.ise of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
act on of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY. then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensaticn or damages for delays, irrespective of the
cause thereof, and includ;ng without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
con-%amrrr24101 7 SAMPLE
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such ccnditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govem final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items Used in
construction of the PROJECT, in accordance with the plans and specifications. Upon .
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in
con-Earna/24101 8 SAAf PLE
price or time for completion shall be allowed if asserted after final payment under this
Ag�eement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder. less the amount of all previous payments
sin:e commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (100%) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for which payment is demanded has
been performed in accordance with the terms of the Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price
shall not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
con-samfV24/01 9 SAMPLE
Lit
V
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 rile with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in
whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, including but not limited to concurrent active or passive negligence except where
caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONTRACTOR will conduct all defense at its sole cost and expense.
con-sam17/24r01 10 SAi11 PLE
19. WORKERS' COMPENSATION INSURANCE
Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code. which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and al: claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
that $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
con-sam17l24ro 1 11 SAMPLE
V
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such pclicies will not be canceled or modified
without thirty (30) days' prior written notice of CITY; and
4. shall state as follows: 'The above -detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar -type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
mainer, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
con-sam17124101 12 SAMPLE
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon
such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event
CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans. specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et
seq.
ton-sam/7/24/01 13 SAMPLE
26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar
legal document. Said obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named
in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense
so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
con-sam/7/24/01 14 SAMPLE
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be Gable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEYS FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorneys
fees.
32. ENTIRETY
The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
execrated by and through their authorized offices the day, month and year first above written.
14100 W. ?ff*A foul
By:
print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
P-1*5
City Attorney,a
INITI TED AND APPROVED:
Director of Public Works
con-samV7124/01 15 S AA I PLE
V
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
. FOR THE FIRE STATION NO. 1
GOTHARD CANOPY OVER FUEL ISLAND PROJECT (CC-1172)
TABLE OF CONTENTS
Pa9_e No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
6
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
B
14.
PROGRESS PAYMENTS
9
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
10
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS' COMPENSATION INSURANCE
11
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
12
22.
DEFAULT & TERMINATION
13
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
13
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
14
27.
NOTICES
14
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
15
31.
ATTORNEY'S FEES
15
32.
ENTIRETY
16
imp'k 'agme'r«r►.'con-som7124101
v v
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Authorize Advertisement for the Construction of the Fire
Station 1-Gothard Canopy Over Fuel Island, CC-1172
COUNCIL MEETING DATE: I August 6, 2001
RCA ATTACHMENTS
STATUS
Ordinance wlexhibits & 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 (wlexhibits if applicable)
Sir/ned in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the 2LtZ Attome
Not Applicable
Financial Impact Statement Unbud et, over $5.000
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report If applicable)
Attached
Commission, Board or Committee Report if a licable
Not Applicable
Findings/Conditions for Approval and/or Denial
Not A plicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Adm--nistrative Staff
Assistant Ci Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM: