HomeMy WebLinkAboutInspection Engineering Construction - 2001-08-06PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Robert A. Martinez
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
Recorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
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2003000961257 08:54am 08/11/03
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CORDER'S USE ONLY I l�
TITLE OF DOCUMENT: NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA
92648, that the contract heretofore awarded to Inspection Engineering Construction, Inc. who was the company thereon for
doing the following work to -wit:
TSCOUP I AND II PROJECT, CC-1163
That said work was completed June 30, 2003 by said company according to plans and specifications and to the satisfaction
of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on
June 30, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002.
That upon said contract First National Surety was surety for the bond given by the said company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this July 28, 2003.
TR J)
! Director of Public Wor cs or My 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.
1 declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF C�vIPLETION was duly
and regularly ordered to be recorded in the Office of the County Recorder of Orang�County. // J/
Dated at Huntington Beach, California, this July 28, 2003
Elirector of Public Works or City Engineer
City of Huntington Beach, California
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
10.059-TITLE PAGE (R7l95)
DPW axp'eot
11TY OF HUNTINGTON BEAR
MEETING DATE: 7/07/03 DEPARTMENT ID NUMBER: PW 03-43
Council/Agency Meeting Held: '? -? —v 3
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Sign6hure
Council Meeting Date: July 7, 2003
Department ID Number: PW 03-43,
CITY OF HUNTINGTON BEACH'
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City AdministratoreooP c
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Authorize Additional Funds for the Traffic Signal Communications and
Operation Upgrade Project (TSCOUP) Phases I and !l; CC-1163
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Public Works
Commission Review, Attachment(s)
Statement of Issue: A contract change order in excess of the currently authorized amount
is required to complete the rehabilitation of the traffic signals project.
Funding Source: Project funding in the amount of $160,000 was authorized for the project;
however, the combination of budgeted grant and matching funds is $500,000 in OCTA/SIP
(Orange County Transportation Authority/Signal Improvement Program) Fund, Traffic Signal
Improvements, Account Number 87390009.84400.
Recommended Action: Motion to:
Authorize an additional $6,000 (5%) in contingency amount to cover anticipated changes on
CC-1163, TSCOUP I and II.
Alternative Action(s): Deny approval of the recommended action.
Analysis:
The contract award amount for this project was $140,000. The authorized change order
amount was $14,000 (10%). Required and anticipated change orders will total approximately
$20,000 (15%). Change order costs were increased because revised SCE standards
required a modification in conduit capacity.
G:\R C A\2003\03-043 July 7 Dale (Add Funds CC1163).doc 6/23/2003 11:17 AM
/
AQUEST FOR COUNCIL ACTIA
MEETING DATE: 7/07/03 DEPARTMENT ID NUMBER: PW 03-43
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 150301 (c).
Public Works Commission Review: The Public Works Commission recommended
approval of this project at its June 18, 2003, meeting by a vote of 6-0-1 (Commissioner
Gartland was absent).
Attachment(s):
RCA Author: Dale:jm
G:\R C A\2003\03-043 July 7 Dale (Add Funds CC1163).doc -- 6/23/2003 11:17 AM
-1 CITY OF HUNTINGTON BEACH
2000 MAIN STREET -CALIFORN[A 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
i. .
TO: —Z�, -S 0gov.—Axi fii c ATTENTION:
Name
.29 7 3DEPARTMENT:
StrRet
REGARDING:
City, State, Zip cc 1121
See Attached Action Agenda Item Date of Approval L/—(.-02—
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item: .
Remarks:
�� 0-4�z�
Connie Brockway
City Clerk
Attachments: Action Agenda Page
Agreement
t/
Bonds
Insurance
RCA
Deed
Other
CC: �J�s�`� /�/ate �i�PL
Ot.tJ
Name
Department
RCA
Agreement
Insurance
Other.
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agmment
Insurance
Other
Name
Department
RCA
Insurance
g:lfollowup/letters/coverltr.doc
(Telephone: 714-536-5227 )
/- �f'66r��•�i��F
11ITY OF HUNTINGTON BEAC;1
MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096
Council/Agency Meeting Held: j/- -b 2-
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signat
Council Meeting Date: November 6, 2002
Department ID Number: PW 02-096
CITY OF HUNTINGTON BEACH
o
D
='
REQUEST FOR ACTION
V C)
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY:
RAY SILVER, City Administrator 0-i-42
CO
n
PREPARED BY:
ROBERT F. BEARDLEY, Director of Public Works
SUBJECT:
APPROVE THE AMENDMENTS FOR CC-1171 AND CC-1163
Statement of Issue, Funding Source, Recommended Action, Alternative Actions►, Analysis, Environmental Status, Attachment(s)
Statement of Issue: Amend two Public Works contracts, CC-1171 and 1163, allowing
Inspection Engineering Construction, a sole proprietorship, to change its contractor's status
to a California Corporation.
Funding Source: Not applicable
Recommended Action: Motion to:
1) Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between
the City of Huntington Beach and Inspection Engineering Construction for Installation of
Traffic Signals
2) Authorize the Mayor and City Clerk to execute Amendment No 1 to Agreement between
the City of Huntington Beach and Inspection Engineering Construction for Traffic Signal
Communication and Operation Upgrade Project
Alternative Action(s): Deny Approval of the recommended action.
Analysis: Inspection Engineering Construction, previously a sole proprietorship, became a
California corporation on May 19, 2002. The City currently has two pending, city -funded
construction contracts: CC-1171, which is under construction, and CC-1163, which is ready
to begin. Both parties wish to amend the two original agreements to reference the Contractor
as a California corporation, and to bind the entity to the original agreement.
G:\R C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc
10/28/2002 8:54 AM R
• REQUEST FOR ACTION •
MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096
Attachment(s):
RCA Author: RAM
GAR C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc �3-
10/24/2002 3:04 PM
•
• Cc -1/L 3
cc-el-71
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND INSPECTION
ENGINEERING CONSTRUCTION FOR TRAFFIC SIGNAL
COMMUNICATION & OPERATION UPGRADE PROJECT
THIS AMENDMENT is made and entered into the �� day of ��L , 2002,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY", and INSPECTION ENGINEERING CONSTRUCTION, a
California corporation, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated
February 4, 2002, entitled "Federally Funded Construction Contract Between the City of
Huntington Beach and Inspection Engineering Construction for Traffic Signal Communication &
Operation Upgrade Proiect (TSCOUP) Phase I & II; CC-1163" which agreement shall
hereinafter be referred to as the "Original Agreement," and
Since the execution of the Original Agreement, CONTRACTOR, previously a sole
proprietorship, became a California corporation on May 19, 2002,
NOW, THEREFORE, the parties wish to amend the Original Agreement to reference the
CONTRACTOR as a California corporation, and to bind the correct entity to the Original
Agreement. The first paragraph of the Original Agreement is amended as follows:
I'HIS AGREEMENT, made and entered into this 41" day of February, 2002, by
and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY" and Inspection Engineering Construction, a
California corporation, hereinafter referred to as "CONTRACTOR."
02agree/inspect amend 2nd/9/17/02
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
INSPECTION ENGINEERING
CONSTRUCTION, INC., a California
corporation,
By: ew
print 6me
ITS: (circle one) Chairma reside ice
President
/:mil;
By: V%%/u
Se�✓c _
print n
ITS: (circle one) ecretar Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
Cit Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
u" I
Mayor
ATTEST:
r _
APPROVED AS TO F RM:
e-
City A to y pl/
INIT AND PROVED:
Director of Public Works
02agree/inspect amend 2nd/9/17/02 2
;w
RECEIVED, CITY CLERK RECEIPT COPY
B Return DUPLICATE to
try Jeffrey Hughes (ext. 6260)
(Name) after signing/dating
(Date).
A ; ItR4 CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
A\T�T�N: Jim Slob1oj�an, Deputy City Treasurer
FROM: JcfF�s
DATE: &- 2-1-TL
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
1163
(Council Approval Date)
lwtik-4uN �A) 4
(Company Name)
115 S5w
61�556�
Agenda Item No. E- q
6Uo- SS
City Clerk Vault No. IN
g:fjah/bondletter.doc
0 r
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: June 24, 2002
TO: Inspection Engineering Construction ATTENTION: Jamal Deaifi
Name
2973 Harbor Boulevard, #516 DEPARTMENT:
Street
Costa Mesa, CA 92626 REGARDING: Constuuction Contract
City, State, zip re: CC No. 1163
See Attached Action Agenda Item E-8 ; Date of Approval 2 / 4 / 02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
x Agreement
x
Bonds x
Insurance
x
RCA
Deed
Other
CC: R. Beardsley
DPW
x
x
x
x
Name
Department
RCA
Agreement
Insurance
Other
R. Martinez
DPW
x
x
x
x
Name
Department
RCA
Agreement
Insurance
Other
S. Friedenrich
Treas
x
bonds
Name
Department
RCA
Agreement
Insurance
Other
RCA
Agreement
Insurance
Other
Name
Department
C. Mendoza
Risk Mgmt
x
x
Name
Department
RCA
Insurance
1 Telephone: 714-536-5227 )
FEDERALLY FUNDED CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
1n S/�6c1`i�►s Fh51i/� t�aNs � G�ir►St/tc. o >�7 opt
O /
%Xr,i Ssn e. ,m.ed c4w;% 4Otr�?A�%y �•►i2i�%
I�.eoTrrat L %�s�oW p� t'HAsc / 1 : CC- // 63
THIS AGREEMENT ("Agreement") made and entered into this 4th day of
February 20 02 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and
�3/'EG7iOHi�i�Fr �wrsf�ac-t�ao�l, a California .o/E &oo/isfas�./� ,
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as Tjj� .SisNo/�'J�1i'ed4.+s�lfs .¢7
4414iorf �ot4 {/,a s ,✓.f%; t%F 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 complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and
expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items,
services and facilities necessary to complete and construct the PROJECT in a good and workmanlike
manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of
agrcc/forms/fcdcral I I - 14-01/1/3/02 1
J
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•
work, and for all other risks of any description in connection with the work, including, but not limited
to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the
work within the stipulated time and in the manner shown and described in this Agreement, and in
accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and .
obligations of this Agreement and the Contract Documents (as defined below in this Section), the
location of the job site, and the conditions under which the work is to be performed, and that it enters
into this Agreement based upon its thorough investigation of all such matters and is relying in no way
upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by this
reference, with the same force and effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as
they relate in part or in any way, directly or indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual- provisions,
including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council, and any revisions, amendments or addenda thereto;
S
D. The current edition of Standard Specifications for Public Works Construction,
published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA
agree/forms/federal 11-14-01/1/3/02 2
•
•
90064, and all amendments thereto, written and promulgated by the Southern
California chapter of the American Public Works Association and the Southern
California District Associated General Contractors of the California Joint
Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions to
Bidders and the CONTRACTOR's proposal, (which is attached hereto as
Exhibit "A" and incorporated herein by this reference);
F. The particular Plans, Specifications, Special Provisions and Addenda applicable
to the PROJECT. Anything mentioned in the Specifications and not indicated in
the Plans or indicated in the Plans and not mentioned in the Specifications, shall
be of like effect as if indicated and mentioned in both. In case of a discrepancy
between any Plans, Specifications, Special provisions, or Addenda, the matter
shall be immediately submitted by CONTRACTOR to the Department of Public
Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall
not attempt to resolve or adjust the discrepancy without the decision of DPW,
save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered
as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the
faithful performance of this Agreement, subject to any additions or deductions made under the
provisions of this Agreement or the Contract Documents, a sum not to ' exceed
agree/forms/federal 11-14-01/l/3/02 3
0AEffunolrxcl I`ool7.4am gc4od Dollars ($ �y0, DOd. oo ), 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
the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within
EI / (8a) consecutive ldo,ekf�4 gj from the day the Notice to Proceed is issued by
DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance of
this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and incidental
to the prosecution of its work in conformance with the progress schedule set forth in the Contract
Documents. CONTRACTOR shall coordinate its work with the work of all other contractors,
subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient
completion of the PROJECT and in accordance with the terms and provisions of this Agreement.
CITY shall have complete control of the premises on which the work is to be performed and shall have
the right to decide the time and order in which the various portions of the work shall be performed and
the priority of the work of other contractors, subcontractors and CITY forces and, in general, all
matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR
agree/forms/federal 11-14-01 / 1 /3/02 4
agrees to make any and all changes, furnish materials and perform all work necessary within the scope
of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any
changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra
charges made by CONTRACTOR that have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately to DPW
a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost
proposal, the work shall be performed according to the changes ordered in writing by DPW and the
proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by
CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR
and the Agreement price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under this
Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY.. CITY
does not warrant that the work will be available on the date the Notice to Proceed is issued. In the
event of a delay in commencement of the work due to unavailability of the job site, for any reason,
relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such
unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted. CONTRACTOR
shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the
City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee
the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent
of the Agreement price to guarantee payment of all claims for labor and materials furnished.
agree/forms/federal 1 I -14-01 / 1 /3/02 5
•
In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred
percent (100%) of the final Agreement price, including all change orders, to warrant such performance
for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice
of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this Agreement
including, but not limited to, any workmanship, installation, fabrication, material or structural facilities
constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work,
shall have the option to make appropriate repairs or replace the defective item or items. Upon
expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at
CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all times
hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at
its own cost and expense, and be responsible for any and all payment of all taxes, social security, state
disability insurance compensation, unemployment compensation and other payroll deductions for
CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection
with the PROJECT and/or the services performed hereunder.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is not in
all parts and requirements finished or completed within .the number of calendar days as set 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
agrcc/forms/fcdcm] II-14-01/I/3/02 6
such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and
not as a penalty, the sum of f�It' 116eadRca Dollars ($ 5VO. 0- ) per day for
each and every working day's delay in completing the work in excess of the number of
working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to
estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further
agrees that CITY may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed damages
for any portion of the delay in the completion of the work due to unforeseeable causes beyond the
control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of
God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather,
or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay
(unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and
CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon
justify the delay; and the decision of DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work by the
act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials
required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at
the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in
no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event
of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by
agree/forms/federal 11-14-01/1/3/02 7
•
•
the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be
made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the
commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the cause
thereof, and including without limitation the furnishing of materials by CITY or delays by other
contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole
remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions are
disturbed, notify DPW in writing of.
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract
Documents; or
(2) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally
recognized as inherent to work of the character to be performed under
this Agreement. DPW shall promptly investigate the conditions and if it
finds that such conditions do materially so differ and cause an increase or
decrease in the time required for performance of any part of the work
under this Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the agreement
modified in writing accordingly.
agree/forms/federal 11-14-01/1/3/02 8
B. Time Extension: No claim of CONTRACTOR under this Section shall be
allowed unless CONTRACTOR has given the notice required hereunder
provided, however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to
CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of
the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if
the actual quantities used are either more than or less than the quantities listed in the bid schedule, the
bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when
warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in
payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable
adjustment in price or time for completion shall be allowed if asserted after final payment under this
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending
the completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder of the progress estimate, less the amount of all
previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent
(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that
agree/forms/federal II-14-01/I/3/02 9
satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring
the payments of each month up to one hundred percent (100%) of the value of the work completed
since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all
previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR,
if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on
demands drawn in the manner required by law, each payment to be accompanied by a certificate signed
by DPW, affirming that the work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the certificate is due under the terms of
the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of
any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense . of CONTRACTOR, who shall retain
beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement, CONTRACTOR
shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying
materials and all subcontractors working upon the PROJECT have been paid in full and that there are
no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to
be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with
agree/forms/federal 11-14-01 / I /3/02 10
Notices to Withhold, which have been filed under the provisions of the statutes of the State of
California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION. DEFENSE. HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY,
its officers, elected or appointed officials, employees, agents, and volunteers from and against any and
all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage
or liability of any kind or nature, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly
out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part
by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, including but
not limited to concurrent active or passive negligence, except where caused by the active negligence,
sole negligence, or willful misconduct of the CITY. CONTRACTOR will. conduct all defense at its
sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be
reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This
indemnity shall apply to .all claims .and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the .amount of indemnification to be
provided by CONTRACTOR.
agree/forms/federal 1 1-14-01 / 1 /3/02 11
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19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation and employer's liability
insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers' compensation
and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall
furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to
waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a
policy of general public liability insurance, including motor vehicle coverage covering the PROJECT.
This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the
scope of their duties, against any and all claims arising out or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket contractual liability, of
One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes
a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars
($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed
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officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that
any other insurance coverage which may be applicable to the PROJECT shall be deemed excess
coverage and that CONTRACTOR's insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured retention,
or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish
to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; the certificates shall:
provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without thirty
(30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by CITY..
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all the policies of
insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured endorsement to
each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed
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officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval
prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or
fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment
for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the
Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate
this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has
been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have,
terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR,
CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the progress payments then or to become
due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that CITY's
termination of this Agreement under this Section was wrongful, such termination shall be converted to
a termination for convenience under Section 23 and any damages shall be assessed as set forth in
Section 23.
23. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without cause,
and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to
CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for
value of work in place on the PROJECT through the termination period plus seven and one-half
percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY
agrcc/forms/fcdcral 1 1-14-01 / 1 /3/02 14
shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and
CITY shall have no further obligation to CONTRACTOR.
24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed hereunder, or
upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings,
reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to
CITY and become its sole property at no further cost.
25. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or
any part hereof, or any right or duty created herein, without the prior written consent of CITY and the
surety.
26. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in the
work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the California Government Code.
27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative . costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal
document. This obligation shall be provided for in the labor and materials payment bond required of
CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every
Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to
enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any
sum or sums owed by CITY to CONTRACTOR under this Agreement.
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28. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below; provided that
CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which
subsequent notices, certificates or other communications will be sent:
TO CITY: TO CONTRACTOR:
City of Huntington Beach
ATTN: 'DAJi,A 'A"A C
2000 Main Street
Huntington Beach, CA 92648
29. SECTION HEADINGS
2273
- 45Ak-CTiw1 &45M c AK .�4SPECYioA
C.054A mcm CA
The titles, captions, section, paragraph, and subject headings, and descriptive phrases at
the beginning of the various sections in this Agreement are. merely descriptive and are included solely
for convenience of reference only and are not representative of maters included or excluded from such
provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect
the construction or interpretation of any provision of this Agreement.
30. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of United
States Code Section 1324a regarding employment verification.
agrcc/forms/fcdcral 11-14-01/1/3/02 16
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31. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington
Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY
shall not be liable for payment of any legal services expenses incurred by CONTRACTOR.
32. ATTORNEY'S FEES
Except as expressly set forth in Section 18, in the event suit is brought by either party to
construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the
performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
33. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of this
Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal
or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this
Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly
provided here. As used in this Agreement, the masculine or neuter gender and singular or plural
number shall be deemed to include the other whenever the context so. indicates or requires. Nothing
contained herein shall be construed so as to require the commission of any act contrary to law, and
wherever there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall
agrcc/forms/fcdcral I 1-14-01 / 1 /3/02 17
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prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited
only to the extent necessary to bring it within the requirements of the law.
34. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
35. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and
signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of
its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original
instrument as against any party who has signed it.
36. CONSENT
Where CITY's consent/approval is required under this Agreement, its consent/approval
for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence
of the same or any other transaction or event.
37. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair employment
practices in accordance with California Government Code Sections 12900 et seq.
38. CALIFORNIA PREVAILING WAGE LAW.
A. The CITY has ascertained from the Director of Industrial Relations of the State
of California the general prevailing rate of per diem wages and the general
prevailing rate for legal holiday and overtime work in the locality in which the
work is to be performed for each craft or type of work needed to execute this
Agreement, and the same has been set forth by resolution on file in the office of
agree/forms/federal II-14-01/I/3/02 18
the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall
pay not less than said prevailing wage rates to all workers employed on this
public works Agreement, as required by California Labor Code Sections 1771
and 1774. In accordance with the provisions of Section 3700 of the California
Labor Code, CONTRACTOR agrees to secure payment of compensation to
every employee.
B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the
California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit
twenty-five dollars ($25) for each calendar day or portion thereof for each
worker paid (either by CONTRACTOR or any of its subcontractors) less than
the prevailing wage rate established for that particular craft or type of work.
39. CALIFORNIA EIGHT -HOUR LAW
A. California Labor Code, Sections 1810 et seq, shall apply to the performance of
this Agreement; thereunder, not more than eight (8) hours shall constitute one
day's work and CONTRACTOR and each subcontractor employed by its
hereunder, shall not require more than eight (8) hours of labor per day or forty
(40) hours per week from any one person employed by it hereunder, except as
stipulated in California Labor Code Section 1815. CONTRACTOR and each
subcontractor employed by it hereunder shall, in accordance with California
Labor Code Section 1812, keep an accurate record, open to inspection at all
reasonable hours, showing the name and actual hours worked each calendar day
and each calendar week by each worker employed in connection with the
PROJECT.
agree/forms/federal 11-14-01 / I /3/02 19
B. Pursuant to this Agreement and in accordance with California Labor Code
Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five
dollars ($25) for each worker employed hereunder by CONTRACTOR or any
subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any one (1) calendar day or forty
(40) hours in any one (1) calendar week in violation of California Labor Code
Section 1815.
40. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding the payment of travel and
subsistence allowance is applicable to this PROJECT.
41. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of apprentices
is applicable to this PROJECT.
42. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll record showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in
connection with the PROJECT and agrees to require each of its subcontractors to do the same.
CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be
available at all reasonable times to the CITY, and the employee or his representative, and the Division
of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all
of the provisions of California Labor Code Section 1776, in general.,
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43. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this Agreement is being executed
is being assisted by the United States of America. Several Agreement provisions embodied herein are
included in this Agreement in accordance with the provisions applicable to such federal assistance. As
federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated
by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to
comply therewith.
44. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors to pay all employees on
said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by
the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each
craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all
applicable federal labor standards provisions; said provisions are incorporated herein by this reference.
45. DISCRIMINATION, MINORITIES, ALIENS
CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or
subcontractors to discriminate against any employee or applicant for employment on the basis of race,
religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local
qualified minority individuals when job opportunities occur and utilize local business firms when
possible.
46. EQUAL EMPLOYMENT OPPORTUNITY
The CONTRACTOR will comply with all provisions of Executive Order 11246,
entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR part 60).
agree/forms/federal 11-14-01 / I /3/02 21
CONTRACTOR is required to have an affirmative action plan which declares that it
does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure
equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits
job discrimination because of handicap and requires affirmative action to employ and advance in
employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38
USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and
advance in employment (1) qualified Vietnam veterans during the first four (4) years after their
discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent
(30%) or more disability.
To ensure compliance with these requirements, the CONTRACTOR shall provide the
CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is
required to provide the CITY with a listing of its subcontractors together with a completed affirmative
action program from each subcontractor when applicable.
47. COPELAND "ANTI -KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the provisions of the
Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor
regulations, which Act provides that each shall be prohibited from including, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled.
agree/forms/federal 11-14-01/l/3/02 22
48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department
of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be
required to compute the wages of every mechanic and laborer on the basis of a standard workday of
eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or
workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times
the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40)
hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety
and health standards promulgated by the Secretary of Labor. These requirements do not apply to the
purchase of supplies or materials or articles ordinarily available on the open market or contracts for
transportation.
49. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT.
A. CONTRACTOR stipulates that all facilities to be utilized in the performance of
this Agreement were not listed, on the date of Agreement award, on the United
States Environmental Protection Agency (EPA) List of Violating Facilities,
pursuant to 40 CFR 15.20.
B. The CONTRACTOR agrees to comply with all of the requirements of Section
114 of the Clean Air Act and section 308 of the Federal Water Pollution Control
Act and all regulations and guidelines listed thereunder.
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C. The CONTRACTOR shall promptly notify the CITY of the receipt of any
communication from the Director, Office of Federal Activities, EPA, indicating
that a facility to be utilized pursuant to this Agreement is under consideration to
be listed on the EPA List of Violating Facilities.
D. The CONTRACTOR agrees to include or cause to be included the requirements
of paragraph (a) thorough (d) of this section in every nonexempt subcontract,
and further agrees to take such action as the Government may direct as a means
of enforcing such requirements.
50. ENERGY CONSERVATION
Agreements with federal participation shall recognize mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.).
51. HOUSING AND URBAN DEVELOPMENT
CONTRACTOR agrees to comply with any and all rules, regulations, guidelines,
procedures and standards of the United States Department of Housing and Urban Development and
complete any and all reports and forms that may be required in accordance therewith.
52. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between
the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed
by both parties.
The parties acknowledge and agree that they are entering into this Agreement freely and
voluntarily following extensive arm's length negotiations, and that each has had the opportunity to
consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree
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that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been
made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement,
and that that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
a So/E �/bp.Qi��arCs�t�P
Mayor
ATTEST:
.1 �Mw � l�c•. ►�r� - Prop�i etor C���'lrGe. ��d�+�
print name
ITS: (ci l City Clerk
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
Cit dministrator
agree/forms/federal 11-14-01 / I /3/02 25
APPROVED AS TO FO
r
City —Attorney/ v
INITIAT PROVED:
Directo Public Works
qua cr A
SECTION C
PROPOSAL
for the
TSCOUP I & II Project
CASH CONTRACT No. CC-1163
in'the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary. therefor, in accordance with the plans and specifications on file in
the office of tlie'City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 80 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
EMUSIr.A
• TSCOUP I & II Project •
PROJECT BID SCHEDULE
CC-1163
Item
Estimated°
gY- fi.`:S SY ,.?y.j. a�-�A
g em with p ce ' ' 3
g- _; , y k ' ,vwritten m words
x
{'S�:.c 5t�';S?i.. � .. ':_'. e44 i(: .x a:;:.�s x. ,# . t^>+ -.. - :'€;.•�"y:+
�
ii1hit5MofflQuantitn
ri
Amount
_ ,r�'C
1
Traffic Signal Modification at 21 Locations
1
@One, &!2i &,A9 I/r Ste" Ilars
L.S.
$ 2-7,36-
Lump Sum
2
Remove and Reconstruct 4" PCC Sidewalk
@ram/��f i7C_ Dollars
$ 6
$
2,200 SF
� AI�Df F -4f Agga. Cents
Per Square Foot
Total Amount Bid in Figures: $ D o00
Total Amount Bid
Note: The City will provide vehicle heads, push buttons, signs and antennas, and some appurtenances
(see plans) at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard
Street. Contact Donn Strook two working days in advance for pick up at (714) 536-5530. Contractor
shall provide all cables.
0
C-2
If awarded the Contract, thledersigned agrees that in the event of &IDDER'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.
I
Accompanying this proposal of bid, find2id in the amount of $ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No.
Date Received
Bidder's Signature
C-3
SIST OF SUBCONTRACTOR
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
A)/A-
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-4
SONCOLLUSION AFFIDAVIO
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
amckA -boec `�V,I , being first duly sworn, deposes and says that he or she is
(IIII) Y\t°Y of -V , C �—, 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.
INSpEc?IaN ,Cn/('rNEF�►2Ti✓f�' CdNsTi2UGT_Tanj
Name of Bidder
r f
Signature of Bidder
2973/f4 4-,* 1 BLvA/ �516; C�5f
Address of Bidder GA , %2 �2
Subscribed and sworn to before me this 10 day
NOTARY PUBLIC
NOTARY SEAL
C-s
D E N I SE WOODARD
sr COMM. #1314216 d
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY CO
My Comm. Expires Aug. 2, 2005
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 TSCOUP I & II Project, (1)(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:
C-6
Contractor
By
Title
0
DISOALIFICATION QUESTIONIORE
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 To
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-7
COMI&SATION INSURANCE CER*ICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: q • /
C-8
Contractor
By
Title
AERGROUND SERVICE ALEW
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: i✓//%
_Z—c C--
Contractor
By
Title
Date: / L//t/ •/
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-9
0 BIDDER'S INFORMATION 0
BIDDER certifies that the following information is true and correct:
Bidder Name
zy -,--3 •s�.wG.r. /�/�.✓ ,ate s�'!,
Business Address
CV.sl, .G h 9z_a6
City, State Zip
Telephone Number
State Contractor's License No. and Class
Original Date Issued
Expiration Date
The work site was inspected by V/.0-1 of our office on 1 L1V P , 200m/
The following are persons, firms, and corporations having a principal interest in this proposal:
f%►wr a / DES f�
C-10
The undersigned is prepay* satisfy the Council of the City of Huston 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.
Company Name
Signature of Bidder
Printed or Typed Signature
Subscribed and swornto before me this // day of PcFL
, 2001.
. - .. DMSE 6 WOODARD „
NOTARY PUBLIC / i'w910
1 .f,(J,D?FD� -1—0
1
COMM. #1314216 dE
NOTARY PUBLIC • CALIFORNIA C
.. ORANGE COUNTY M- I
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. s.�� t� r�-�/•
Name and Address of Public•Agency
2.
3.
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 Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
C-11
CITY OF HUNTINGTON BEACH
BIDDERS LIST
all Bidders/proposers are required to provide the following information for all DBE and non -DBE
:ontractors, who provided a proposal, bid, 'quote, or were contracted by the proposed prime. This
nformation is also required from the proposed prime contractor, and must be submitted with their
aid/proposal. The City of Huntington Beach will use this information to maintain and update a
'Bidders" List to assist in the overall annual goal. DBE goal setting process.
Firm Name:yn,'le-seX
e. allip/e
Phone: 10 7-
Address: Z�o
/l%i- Soh
A- �
Fax:, ° �i —
Fo°/_
..S4—tfo
Contact Person:No. of years in business %b
Is the firm currently certified as DBE under 49 CFR Part 26? YES ❑ NO
Type of work/services/materials provided by firm? Z f<cy�rPc �-� s� �� , c-,&J-
What was your firm's Gross Annual receipts for last year?
❑ Less than $1 Million
®'Less than $5 Million
Cl' Less than $10 Million
❑ Less than $15 Million
❑ More than $15 Million
This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs) information.
C-12
t
The Bidder shall list the name and addrf each subcontractor to whom the Bidder pres to subcontract portions of the
.'work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard
Specifications and Section 2-1.01, "General," of the special provisions.
Name and Address
LIST OF SUBCONTRACTORS
Description of Portion
of Work Subcontracted
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL
ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH AREA PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder S• C C - , proposed subcontractor
AI/A- , hereby certifies that he has _ , has not _, participated in
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or
11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former. President's Committee on
Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41
CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts. which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts
of S 10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the
award of contracts and subcontracts unless such contractor submits a report covering the delinquent period"or such
other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
Oncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of 0 ✓'0WIP-e-,
DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder
declares that the bid is not made in the interest of, or on 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 of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, , .
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Noncollusion. Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution. '
0
DEBARMEO AND SUSPENSION CERTIWATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated
therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency
within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of
action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Certification.
k
NONLO` YING CERTIFICATION •
FOR FERAL -AID CONTRACTS
ie prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
aief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing *or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant. loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.
his certification is a material representation of fact upon which reliance was placed when this transaction was made or
atered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
ian $10,000 and not more than $100,000 for each such failure.
-he prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language
f this certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such subrecipients shall
ertify and disclose accordingly.
3
UdWOSURE OF LOBBYING ACTIVITIE
COMPLETE THIS FORMWIDISCLOSE LOBBYING ACTIVITIES PURS* TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
Ma. contract a a. bid/offer/application Fla. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post -award
d. loan For Material Change Only:
e. loan guarantee year _ quarter
f. loan insurance date of last report
4. Name and Addressor Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Naive and Address of Prime:
aPrime Subawardee
Tier , if known
Congressional District, if known
6. Federal Department/Agency:
S. Federal Action Number, if known: .
10. a. Name and Address of Lobby Entity
(If individual, last name, first name, MI)
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable
9. Award amount, if known:
b. Individuals Performing Services (including
address if different from No. IOa)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)
S actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission
8 a. cash d. contingent fee
b. in -kind: specify: nature a deferred
value f. other, specify
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
6. Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made `
or entered into. This disclosure is required pursuant to 31 Print Name: d-1M * 1 DeO / F7
U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject Title: B9✓ilk
to a civil penalty of not less than S 10,000 and not more than
S 100.000 for each such failure. Telephone No.: Z 4o— `1L}IL Date: . r al,
Federal Use Only:
e
Authorized for Local Reproduction
Standard Form - LLL
INSTRUCT; FOR COMPLETION OF SF-LLL,
DISCLO E OF LOBBYING ACTIVITIES
tis disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
aiation or receipt of covered Federal action or a material change to previous fling pursuant to title 31 U.S.C. section 1352.
ie filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
:empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for
:ditional information if the space on the form is inadequate.' Complete all items that apply for both the initial fling and
aterial change report. Refer to the implementing guidance published by the Office of Management and Budget for
:ditional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or
subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level
below agencv name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g„
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract
grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP-DE-90-00 L"
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federalaction.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).
Enter Last Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check
all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to
be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution.
specify the nature and value of the in -kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. identify the Federal officer(s) or employee(s) contacted or the officer(s)
employee(s) or Member(s) of Congress "that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the Office o�Management and Budget, Paperwork
Reduction Project (0348-0046), Washington, D.C. 20503. SF-LI.I.-Instntctions Rcv.06-04-904,ENDIF,.
Names, addresses and phone n -rs of firms selected for the work above:
V_ 2 ¢o— 1-723-�-
Cbs�.-,c am oO hZC-ZG
E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical
assistance or information related to the plans, specifications and requirements for the work which was provided to
DBEs:
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or
services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or
its affiliate.
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using
DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page
download, etc.).
Name of Method/Date of Results
Agency/Organization Contact- /
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
m
•
u
City of Him ington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
TSCOUP I & II Project
CC- 1163
November 9, 2001
Notice To All Bidders:
This addendum is hereby made a part of the contract documents to the same extent as though
it were originally included therein.
Please note the following revision to the project specifications:
1. The bid opening date is changed from November 27, 2001 to December 11, 2001. The
bid opening date on the cover sheet and on the Notice Inviting Bids (A-1) should be
changed. The time of the bid opening is unchanged.
All bidders shall acknowledge the receipt of this addendum with their bid proposal.
Dou to
Principal Engineer
Bidder Acknowledgement:
'nlS%'j'CTJ0- ,q EWF. Co�/SjieVGTTonI � _�- is �o o l
Company Name By Date
GAConstruction Contracts (CCs)\Cc1163\addendumI
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
for the
TSCOUP I & II Project
CONSTRUCTION CONTRACT No. CC-1163
in the
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CALIFORNIA 92648
(714) 536-5431
BIDS DUE:
November 27, 2001
2:00 pm, 2ND FLOOR
City Clerk's Office
Robert F. Beardsley, DIRECTOR
DEPARTMENT OF PUBLIC WORKS
GAConstruction Contract (CCs)1CC-11631TSCOUP Spec.doc
. Lr*
BID BOND
KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION
of 2973 HARBOR BLVD. SUITE 516, COSTA MESA, CA 92626 (hereinafter called the Principal),
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly
organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
(hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID
Dollars ($ 10% OF BID )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit
a proposal to the Obligee on a contract for
TRAFFIC SIGNAL GROUP I & II PROJECT
NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as
may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee
for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and
effect.
Signed and sealed this 1ST day of OCTOBER - 2001
INSPECTION ENGINEERING CONSTRUCTION (Seal)
Principal
Witness
Title
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
B
SHAWN BLUME Attor-ney-in-Fact
S-3208/EP 7/94
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
POWER A3 BROOKLYN AVE NE
OF ATTORNEY TTLE, WASHINGTON 98105
MIMI4333 Broekryn Avenue N.E.
Seattle, WA 98105
' No. 9882
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
Riverside,
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL, INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 8th
day of Arne
1999
_4�F k� amo�&464
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
Z � >tsza ��:
4
~�bjJl�IWAS��~ 7
this day of 0cy
R.A. PIERSON, SECRETARY
S-1049/FNEF 7/98
6/8/99 PDF
d
STATE OF CALIFORNIA
SS.
COUNTY OF RIVJERSIDE
On _ �� �I before me, R. STANDLFY
PERSONALLY APPEARED
personally known to nie (or „r^ iad to ,,, ^r t14Pi;,r;.. o
@*W ` to be the person(4 whose name(s)-
is/a�;a subscribed to the within instrument and acknowl-
edged to me that he/executed the same in his/
-hoPA4e4 authorized capacity4es), and that by his/lief'/
-heir signatures} on the instrument the person(4 or the
entity upon behalf of which the person(&) --acted, executed
the instrument.
WI'lNESS my hand and official seal.
Signature
SHAWN BLUME
R. STANDLEY
COMM. #1263272
¢ NOTARY PUBLIC -CALIFORNIA LO
RIVERSIDE COUNTY
My Comm. Expire. June ?, 2Q. 4
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ro-osl Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
City_
Person to contact
Project
Anaheim
Mr. Ken Riggins
Traffic Signal /
(714)-376-6744
Street Light/
Interconnect
Hermosa
Mr. Homayoun Behboodi
Traffic Signal/
Beach
(310)-318-0212
Interconnect
Tustin
Mr. Doug Anderson
Traffic Signal
(714)-573-3172
Fullerton
Karen Kobayash
Street Light
(714)-738-6867
Orange
Dennis Schmitz
Traffic Signal
(714)-532-6427
Project in Progress
Fountain
Jose Alir,P. E
Traffic Signal
Valley
(714)-593-4517
Tustin
Mr. Doug Anderson
Traffic Signal
(714)-573-3172
Fullerton
Karen Kobayash
Street Light
(714)-738-6867
Amount
Complete
$130,000
10/25/00
$164,000
6/l/00
$98,000
10/1/00
$115,982
6/1/01
$199,000
8/5/01
$430,000 In Progress
$239,000 In Progress
$121,000 In Progress
2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719
License # 767793
NMIDATE (MMIDD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
FARMERS®
Dalati's Insurance Agency, Inc. ,
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License #002190
(714)956-2222 Fax (714) 956-2434
COMPANIES AFFORDING COVERAGE
CODE: 791 S.Brookhurst • Anaheim, CA 92804
COMAPANY FARMERS INSURANCE COMPANY
INSURED INSPECTION ENGINEERING CONSTRUCTION
COMPANY
B
JAMAL DEAIFI
2973 HARBOR BLVD. # 516
COMPANY
C
COSTA MESA, CA 92626
COMPANY
D
THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED. BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED; NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDD/YY)
POLICY EXPIRATION
DATE (MMIDD/YY)
LIMBS
GENERAL LIABILITY
GENERAL AGGREGATE
$ 1,000,000.00
PRODUCTS - COMPIOP AGG
1,000,000.00
A
® COMMERCIAL GENERAL LIABILITY
0166900291
' 616/02
6/14103
PERSONAL & ADV. INJURY
1,000,000.00
LAMS MADE ® OCCUR.
EACH OCCURRENCE
1000 000.00
OWNER'S & CONTRACTOR'S PROT.
-
FIRE DAMAGE (Any one Fire)
76,000,00.00
MED EXP (Any one parson)
j 5,000.00
A
AUTOMOBILE
LIABILITY
ANY AUro - _
015690 02 91
616/02 • • : _
6l14l03 .
COMBINED SINGLE LIMB
$ 1,000,000.00
BODILY INJURY
(Per person)
$
A
A
ALL OWNED AUTOS
SCHEDULED AUTOS
®
BODILY INJURY
(Per accident)
$
'•
A
A
HIRED AUTOS I
NON -OWNED AUTOS
.:
:. : •
PROPERTY DAMAGE
$
❑
APpRUVED 1�8 To
CRl� •,
ity �ttox'�e
GARAGE LIABILITY
ANY AUTO
❑
DULA llu
BY epuy
(
v• e'���"at
Ik/ t0 vyAUTO
6 /)'1 O?/
I
,��y ��fl v1`1�
1 1' 'Gt \
ONLY • EA ACCIDENT
$
OTHER THAN AUTO ONLY:
y
EACH ACCIDENT
$
AGGREGATE
S
EXCESS
LIABILITY
�1S
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
Y*"—
$
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
EMPLOYERS• LIABILITY
PRIEfOR/ ®INCI'
PARTNER
PARTNERSIDCECUTIVE
_ ..
N01085528
4/30/02
4/30/03
5TA77ORY LIMBS'
$ 1,000,000.00
EACH ACCIDENT
DISEASE - POLICY LIMIT
S 1,000,000.00
DISEASE- EACH EMPLOYEE
g . ; 1,000,000.00
OFFICERS ARE: EXCL
OTHER
A
OTHER LEASED/ENTED
0156900291
6/6/02
4114/03
LIMIT 1,760,000 ANY
CONTRACTORS EQUIPMEN
ONE ITEM DED. 7500. `
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESJSPECIAL ITEMS
JOB: SIGNAL MODIFICATION AT VARIOUS LOCATIONS: CC1163 CONSTRUCTION CONTRACT
CITY OF HUNTINGTON BEACH IS ADDITIONAL INSURED AND CERTIFICATE HOLDER
CITY OF HUNTINGTON BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KMX46K)bj0AAIL
2000 MAIN STREET
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
HUNTINGTON BEACH, CA 92648
J{1X176tX�JtH046i@�C9Q3iITX�DCR�{4�'ILTiC
J�Cl€Xa1��K.Yc1i3dCXI�LXT}(r�Clur3illiAX$X13€sXXc�€r}f3{)bK���IXI�61i�
AUTHORIZED REPRESENTATIVE
Additional Insured - Owners, Lessees or Contractors (Form 8)
CG 20 10 11-85
Policy Amendment General Liability
-ZUrtCO: _INSPECTION ENGINEERING POLICY NUNISER. 0156900291
CONSTRUCTION
:000CER: DALATI'S ..INSURANCE QMENCY FPFPC:TIVE DA E: 06/06/02
SCWFDULE - — --
_ _ .. FARMERS"'�
�me Of Person Or Organization: Dalati's Insurance Agency, Inc.
License #002190
CITY OF HUNTINGTON BEACH (714) 956-2222 • Fax (714) 956-2434
ITS AGENTS, OFFICERS ANO EMPLOYEES 791 S.Brookhurst • Anaheim, CA 92804
HUNTINGTON BEACH, CA 92648
C NO ENTRY APPEARS ABOVE. INFORMATION REQUIREO TO'CO�MIFLE T E THIS ENOORScM1ENT WILL BE .
:SOWN IN THE'OECLARATIOIVS AS APPLICABLE TO THIS-NOORSEMENT.j
HO IS AN INSURED -,(Section V) is amended toin- liability.a,rising.•out,of,your work.for that insured by
'ode as .an insured the person or organization or for ou.
own in.. the,Schedule.-but only with respectAb �:,.:
`'1'RDmp City Pv
ILA
PY1 De (,7n
PRIMARY INSURANCE ENCORGEMENT
It is agreed that such insurance is afforded by this policy.for.the benefit of.
INSPECTION ENG$ any clam. loss,
ose ,,+TACsubcontractoes. operations or by -
-shall 5e pr'mary as respect; any clam. c s o �r�...,,.� � „
its indeperu;ent contractors and any other:nsurance maintained by the above referenced additional insureds'
shall be non-centnbutory with the Insurance provided hereunder. 4
Job: SIGNAL MODIFICATIONS _AT VARIOUS LOCATIONS CC 1163 CONSTRUCTION CONTRAi
?lu; Forn must De auaCne4 :o CnaAge Erder:c vent wAcr e1.;t;' r aFt' ;+e FOIKY 23 wr'lteh
ONE CF !HE RR'EMAWS FUNC INSURANCE COMVANI:S A. :N -Mc— POLICY
4333 Brooidyn Avenue N.E.
Seattle, VIA. 98105
PERFORMANCE BOND
Conforms with The American Institute of Architect.,
A.I.A. document No. A311
Bond No. 6155561
PREMIUM: $3,100.00
EXECUTED IN TRIPLICATE
IMOR' ALL BY THESE PRESENTS: that
INSPECTION ENGINEERING CONSTRUCTION (Hcrc inter( full ns:no end eddross or legal title orconlraa*r)
2973 HARBOR BLVD., SUITE 516, COSTA MESA, CA 92626
as Principal, hereinafter called Contractor, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA
2677 N. MAIN STREET, SUITE 600, SANTA ANA, CA 92705(Here inscrtfull rrarne *rid address orlogs! tilleofSuret»
as Surety, hereinafter called Sure[)-, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (Here ineart full name and addfcss of legal lltle of Ovmo()
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FORTY THOUSAND AND N01100
— — — — — — — — — — — — — — — — — — — — — - — — — — - - Dollars ($ 140, 00Q...00 — — — -
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, sacccssors and assigns, i0intlY
and severally, firmly by these presents.
NiREREAS,
Contractor has by R-rittcn agreement dated
, entered into a contract
aithOR-nerfor SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS
CC 1163 (Here insen full name, nddreas and description or prole -I
in accordance with Drawings and Specifications prepared by N/A
(Here Insert full reme and pddr�.s or Iegsl Ole of Arohilcct)
which contract is by reference made a part hereof; and is hereinafter referred to as the Contract.
s-12 ;9,'FNEF 2r98 Page 1 cf 2
0 Rc9i:l-red tr_demsr!t of SAFECO Corp;,ra:ion.
• PERFORMANCE BOND •
NOW, THEREFORE, THE CONDIT10\ OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in frill force and effect
The Surety hereby wahms notice of any alteration or
extension of time made by the Owncr.
Whanever Contractor shall be, and declared In, Ch ner to be
in default tinder the Contract, the OKmer having perfonned
OT%mces obli`ations thereunder, the Siucty m2y 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 completing the Contract in accordance
Y-izth its terms and conditions, and upon determination by Surety.
of the lowest responsible 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 OKmer, and make available as NVork progresses (even though
there should be a default or a succession of defaults under the
Signed and sealed this 5 th day of JUNE
- (Witness)
(t�'itness) {
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exccedin , inchrding other costs and
damages for which the 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, shall mean the total
amount payable by 0 mer to Contractor under the Contract and
any amendments thereto, less the amount properly paid by Owner
to Contractor.
. Any suit under this bond must be iru-tibAed before the
expiration of two (2) years from the date on which final payment
under the Contract falls due.
No right of action shall accrete on this bond to or for the use
of any person or corporation other than the Owner named herein or
the heirs, ey-emtors, administrators or successors of the ORneI.
, 2002
INSPECTION ENGINEERING CONSTRUCTION (dal)
(Principal)
/ -- --;-V7
(Title)
FIRST NATIONAL INSURANCE COMPANY OF
AMERICA (Seal)
(Surety)
SHAWN BLUME, ATTORNEY —IN —FACT (Title)
1PFHOrI ''` r. .5 Tn VOTNji
:GAIL r :; _ kttorney
BY:
s•1219TNEF V95 page 2 of 2
STATE OF
CALIFORNIA
COUNTY OF RIVERSIDE
SS.
On Vs` 04�' , before me, R. STANDLEY
PERSONALLY APPEARED
SHAWN BLUME
0
personally known to me
^•4a^^^^; to be the person(4 whose name(+
is/.w& subscribed to the within instrument and acknowl-
edged to me that he/:executed the same in his/
.ham authorized capacity4es), and that by his/lief'/
4-heir signature* on the instrument the person44 or the
entity upon behalf of which the person{-�cted, executed
the instrument.
WITNESS my hand and official seal.
Si ature :
OPTIONAL
� R. STANDLEY
" CCEAM. #1263272
c ./ NOTARY PUBLIC • CALIFORNIA T
P.IVERS(OE COUNTY
My Comm. EXPIMS June 7, 2004
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
ry
FIRST N.ATIONAL SUP '�rY
4333 Brooklyn Avenue N.E.
Seattle, WA 98105
EXECUTED IN TRIPLICATE
LABOR AND MATERIAL PAYMENT BOND Bond No. 6155561
Conforms with The American Institute of Architects PREMIUM INCLUDED IN
A.I.A. Document No. A-311 PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WfTH FERFORh1ANCE BOND IN FAVOR OF THE
PW'NER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that
INSPECTION ENGINEERING CONSTRUCTION (Here insert full name and address or legal title of Contractor)
2973 HARBOR BLVD., STE 516
COSTA MESA, CA 92626
as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA
2677 N. MAIN STREET, SUITE 600 (Here insert full name an8address oilegal title ofSurel)
SANTA ANA, CA 92705
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (Here Insert full name and address or legal title of Owner)
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE
HINDRED FORTY THOUSAND AND NO/100 — — — - — — —. — — — _ Dollars ($ 140,000.00
for the payment whereof Principal and Surety bind themsehes, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated entered into a contract
with Oi;mer for SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS
CC 1163 (Here insert full name, address and description of projecq
in accordance with Drawings and Specifications prepared by N/A
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S•1220/FNEF 2.198 Page 1 of 2
®Registered trademark of SAFECO Corporation.
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, TI lE CONDITION OF THIS OBLIGATION "is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably requited for use in the performance of the Contract, then this obligation shall be void, otherwise it
Shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defused as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined,
who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such claimanNs work or labor
nas done or performed, or materials were famished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and
have execution thereon. The Owner shall not be liable for the payment of
any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party
to whom the giaterials
Signed and sealed this 5 th
S-1220/FNEF 2198
day of JUNE
•
(Witness)
(Witness) r
were furnished, or for whom the work or labor was done or peformed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal proceca
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which
Principal ceased Work on said Contract it being understood, ho-wever, that
if any limitation embodied in this bond is prohibited by any lacy
controlling the construction hereof such limitation shall be deemed to be
amended so as to be equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in - which the Project, or
any part thereof, is situated, or in the United States District Court for the
district in which the Project, or any part thereof, is situated, and riot
elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics! liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond.
2002
INSPECTION -ENGINEERING CONSTRUCTION (Seal)
(Principal)
(Title)
FIRST NATIONAL INSURANCE COMPANY OF
AMERICA (Seal)
(Surety)
SHAWN BLUME, ATTORNEY —IN —FACT (Title)
APPPOVr D- AS TO FORMvk/
G_1IL P iO�T, City A.ttll�r''orney
Page 2of2 by : Dep;;;.y City Attorney
STATE OF CALIFORNIA
SS.
COUNTY OF RIVERSIDE
On �15;10> , before me, R. STANDLEY
PERSONALLY APPEARED
SHAWN BLUME
i
personally known to me (oc „;oaw 4 to ..,a ^^ &1,@ Uasis9
_`: c -•• :a `. to be the person(o whose name(-+
is/.ra subscribed to the within instrument and acknowl-
edged to me that he/executed the same in his/
authorized capacity(aes), and that by his/lie#/
4keir signature* on the instrument the person4or the
entity upon behalf of which the person4i;�-gcted, executed
the instrument.
WITNESS my hand and official seal.
Signature _ C
OPTIONAL
``= R. STANDLEY
COMM. #1263272
N a � ry
M ` NOTARY PUBLIC - CALIFORNIA
RIVERSIDE COUNTY
My Comm. Expires June 7, ZOW
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
IRS' riTTI TROT
FIRST NATIONAL INSURANCECO.OF AMERICA
4333 Brooklyn Avenue N.E.
Seattle, W A 98105
EXECUTED IN TRIPLICATE
Bond 6155561
MAINTENANCE BOND PREMIUM INCLUDED IN PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION
2973 HARBOR BLVD., STE 516, COSTA MESA, CA 92626
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly
organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH,.2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
as Obligee, in the penal sum of FOURTEEN THOUSAND AND NO/ 100 — — — — — — — — — — -- — — — — —
------------------- - - - - -- (514,000.00------- ),
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators,
successors and assigns jointly and severally; firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH
SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS; CC1163
for
WHEREAS, said Contract has been completed, and was approved on
day of 19
dated
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that
the work will be free of any defective materials or workmanship which become apparent during the period
of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to
remain in full force and a feet, provided however, any additional warranty or guarantee whether expressed or implied is
extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee.
Signed, sealed and dated this 5th day of JUNE 1 19 2002
INSPECTION ENGINEERING CONSTRUCTION (Seal)
{T (Seal)
(Seal)
APPROVED A9 TO FORId:?,--- FIRST NATIONAL SURANCE COMPANY OF AMERICA
=AIL HUT TON, City At'i prz ;c:)
3y: Deputy City !!ttcrnii;-; By
SHAWN BLUME Attcrney-in-Fact
S-3210/EP 7/94
STATE OF
COUNTY OF
CALIFORNIA
RIVERSIDE
On /5< D�-
PERSONALLY APPEARED
SS.
, before me, R. STANDLEY
SHAWN BLUME
0
personally known to me
snti_iaeteiy euideiwe to be the person(s� whose name(+
is/ara subscribed to the within instrument and acknowl-
edged to me that he/•executed the same in his/
h authorized capacity4@64, and that by his/keiq
-heir signatures} on the instrument the person4or the`
entity upon behalf of which the person(&) -acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
R. STANDLEY
COM IF01. #i 263272 a
NOTARY FLIBLIC . CALIFORNIA y
RIVERSIDE COUNTY
+s^i:%'
My Comm. Erpiras :urvo 7, 2004
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
y
POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
All VM 4333 BROOKLYN AVE NE
OF ATTORNEY LE, WASHINGTON 98105
4333 Brooklyn Avenue N.E. 1111110111
Seattle, WA 98105
No. 9882
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
►rr********+*+*****+****+*+**+**+*r**+r******r*+t**r****+*+*SI1A1�N BLUivIE; Riverside, Califomia***********************+r*+****+***+r****+**+*******r*****+++*•
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 8th
day of June
, 1999
_4�F U� alio�&49�
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may. be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not .
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY_ OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this Q fi 11 day of juivu-
R.A. PIERSON, SECRETARY
S-1049/FNEF 7/98
6/8/99 PDF
Company Profile • • Page 1 of 2
Am
C inant"of
Company Profile Insurance
FIRST NATIONAL INSURANCE COMPANY OF
AMERICA
REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA
SEATTLE, WA 98185
800-544-2614
Agent for Service of Process
BONNIE N. LONG, 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA 92708
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 24724
NAIC Group #: 0163
California Company ID #: 0978-7
Date authorized in California: January 03, 1929
License Status: UNLIMITED -NORMAL
Company Type: Property & Casualty
State of Domicile: WASHINGTON
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossaU.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_EID=3075 6/13/2002
Council/Agency Meeting Held: 82—
Deferred/Continued to:
Approved ❑ Conditionally Approve ❑ Denied
pyl'- City Cler s Signature
Council Meeting Date: 2/4/02
Department ID Number: PW 02-01
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION a
c -
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSUj z `'
SUBMITTED BY: RAY SILVER, CityAdministrator 6l� o �P=
Q�- REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Award Contract for the Traffic Signal Communications antl-Opel�ltion
Upgrade Project (TSCOUP) Phases I and II; CC-1163
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Public Works
Commission Review, Attachment(s)
Statement of Issue: Formal bids were received on December 11, 2001 for the
Construction of the Traffic Signal Communications and Operation Upgrade Project, Phases I
and II; CC-1163. Staff is recommending award to the lowest responsive/responsible bidder.
Funding Source: Funds in the amount of $500,000 are budgeted in OCTA/SIP (Orange
County Transportation Authority/Signal Improvement Program) Fund, Traffic Signal
Improvements, Account Number 87390009.84400. Funding of $400,000 was provided
through two OCTA/SIP fund grants ($200,000 each) and $100,000 through City Measure M
Local Turnback funds.
Recommended Action: Motion to:
1. Accept the lowest responsive/responsible bid submitted by Inspection Engineering
Construction, and authorize the Mayor and City Clerk to execute the approved
construction contract for the Construction of Traffic Signal Communications and
Operation Upgrade Project, Phases I and II; CC-1163; and
2. Authorize the Director of Public Works to expend up to $160,000.00 for the project,
including $140,000.00 for the contract; estimated contingency of $14,000.00 (10% of
construction); and $6,000.00 for supplemental expenditures.
Alternative Action(s):
Reject all bids and direct staff to pursue alternative action. Failure to complete this portion of
the project would jeopardize the OCTA grant funding received for the project and would likely
result in the City reimbursing OCTA a portion of funds already received for the purchase of
equipment.
E,�
AUEST FOR COUNCIL ACT
MEETING DATE: 1/22/02 DEPARTMENT ID NUMBER: PW 02-01
Analysis:
The City of Huntington Beach has received two SIP competitive grants to fund the upgrade of
its traffic signal communications and operations master system. This will result in a fast,
stable master system that is traffic responsive and can be monitored from the City Hall Traffic
Operation Center.
Grant funding for these projects includes the upgrade of traffic signal controller cabinets. The
current cabinet/controller configuration does not take advantage of the full potential of the
City's Type 170 controllers. The change out will allow for the maximum use of the current
controller's features including the ability to obtain traffic volume data and transfer information
directly to the traffic signal master system located in City Hall. This information can then be
used by City staff and for input into the traveler information database. The construction bid
documents are designed to address the requirements of the cabinet upgrades, along with
ancillary improvements to accommodate the construction. The 21 intersections that will
receive the improvements are identified in Attachment 1.
The upgrades will also support the current Intelligent Transportation System (ITS) project.
Through the expansion of the traffic volume and density information that can be gathered by
the local traffic signal controllers, the City can automatically provide traveler information
through the ITS programs.
On August 6, 2001, City Council authorized the Director of Public Works to receive bids for
the project. On December 11, 2001, three bids were received and publicly opened by the
City Clerk, as follows, in order of least dollar amount:
Contractor
Bid Amount
Ranking
Inspection Engineering
Construction.
$140,000.00
1
Baxter -Griffin Co., Inc.
$148,338.00
2
Brey Electric Corporation
$148,750.00
3
Staff has reviewed the bid documents, checked references and recommends award of the
contract to Inspection Engineering Construction as the lowest responsible/responsive bidder.
Equipment and materials for the project will be purchased by the City through the approved
process. This method provides a cost savings and ensures a product that is consistent and
compatible with existing equipment. Compatibility is essential for maintenance purposes.
The budget for the estimated contingency is $15,000 or approximately 10% of the total cost
of construction work. These funds will be used only in the event that unforeseen field
conditions warrant the expenditure. Prior budget authorization is necessary so that
construction will not be delayed.
Project supplemental costs are estimated to be $9,000 or approximately 5% of construction
costs. Funds are budgeted in the event that the City requires independent testing, printing
G:\R C A\2002\02-001 FEB 04 KATO.doc -2- 01/23/02 10:41 AM
AUEST FOR COUNCIL ACTIIIN
MEETING DATE: 1/22102
DEPARTMENT ID NUMBER: PW 02-01
and other miscellaneous costs that might arise throughout the course of the project. City
Staff will provide construction management and inspection services.
The total cost of the project is as follows:
Construction contract (Inspection Engineering Construction) $140,000.00
Contingency $14,000.00
Project supplemental costs $6,000.00
TOTAL $160,000.00
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 1503 (c).
Public Works Commission Review: The Public Works Commission recommended
approval of this project at its July 18, 2001 meeting by a vote of 7-0.
Attachment(sl:
RCA Author: Kato
G:\R C A\2002\02-001 FEB 04 KATO.doc -3- 01/23/02 10:41 AM
•
•
ATTACHMENT 1
• PROJECT LOCATION
File Name: W/Traffic Drawings/Traffic Signals/Tscoup/VicMap.dwg
CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING
TRAFFIC SIGNAL MODIFICATION TSCOUP I & II
VICINITY MAP
ATTACHMENT
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COPIES TO:
Front Desk
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CITY CLERIC
CITY OF
HUNTINGTON BEACH, CA
2001 DEC f I P 2: 13
Engineer
City Clerk oL
TSCOUP I & II PROJECT
BID DATE: DEC. 11, 2001 @ 2PM
(Engineer's Estimate: $115,025.00 )
BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
'�
1.
BAXTER-GRIFFIN CO.
' 91
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2.
BREY ELECTRIC
$
3.
CARLOS VILLEGAS ELECT.
4.
HIGH LIGHT ELECTRIC
5.
I.E.C.
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$
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$
6.
L. A. SIGNAL, INC.
7.
8.
$
9.
10.
11.
12.
13.
14
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CI i Y CLERK
CITY OF
HUNTINGTON BEACH. CA
2001 DEC I I P 1= Sq i
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PROOF OF PUBLICATION
STATE OF CALIFORNIA) ..
) SS.
County of Orange )
1 am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, ' County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
November 15, 2001
November 22, 2001
November 29, 2001
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 29, 2001
at Costa Mesa, California.
Signature
TSCtOUPOffice uof the Diri3c-
cx tor. of rPbIi •Works;
ProfeCt« 12000 -Main`Street Hunt-
CACT ington Beach, CA
=No 1163xin the.1 i92649.
CIT}ll tOF The AGENCY will de-
WUNTINGTON ' 'duct a -10% retention
>s ;from all progress pay -
BEACH ments. The Contractor
PUBLICNOTICE :ISllma substitute an
HEREBY _GIVEN that'' escrow holder surety of
the CITY '.OF HUNT- equal value.to,the reten-
INGTON -,BEACH; as"'ition in accordance with
AGENCY,,Jnvites :sealed ;the proyaccordagcie'Gal-
bids_for jl eabove stated vr1af- z°-
projects and .will receive, i ifornia Government
such bids in the office'of Code Section 4590
the City. Clerk; Second
The Contractor fidil `be
beficiallowhpr` of the
Floor 2000� Main Street, suenrety,: and -shall. receive
Huntington Beach Cali-
fornia 92646 ''-up` to `the ,any rnte4r %,,thereon.
hour. of 2 00 pm on DO-
The AGENCY hereby
cember ,11; .200A.„Bids- I affirmatively ''-ensures
that minority business
will -be publicly openedin ienterprises will. -,be oaf;
the•`• Council -, Chambers forded .full opp&6ni y to
.. unless .=:otherwise submit•.`bids in,.re;ponse
P Copes of +the `Plans, b this, notice and. will :not
Specifications;, enri con- be. discriminated: against
tract documents, are on the -basis of -race,
available- froth the Office' _ color,. national origin,
of the Duectot of Public ancestry sex; or religion
Works 2000 Main in.. any consideration
Sliest p Huntin ton leading to the award.of
contract
Beach CA. 9264t3 upon No bid shall, be con-
$ndvmant.a of.: a . $25:00: ,
Regulations ; will be
enforced. Any contract
entered Into pursuant to
this notice will in -
payable to "the- AGENCY:
for an amount no less
than 10% of the amount
bid. The successful bid-
der -shall be licensed in'
accordanc'e-e with!
provisions of the Busi-1
ness and Professions
Code and shall possess,
a State Contractor's
License Class A or 0-10
at the time of fthe .bid
opening. The successful
Contractor and his
subcontractors will be
required to possess
busiri6-ss: licenses from
the AGFNCY.
aas. ..
Y ORDER ' of
I
CTY `COUNCIL of -the
CTY: OF HUNTINGTON,
BEACHir, CALIFORNIA,-
the 6th day. of August
2001.
Attest:
Connie Brockway,
CITY CLERK OF THE
CITY OF -
HUNTINGTON BEACH j
Published Huntingtons
Beach Independent
November 15, 22,:29,
WY OF HUNTINGTON BEAC(D
MEETING DATE: August 6, 2001
DEPARTMENT
-T BW�PM)WvA-14
IER: PWDI-101
� I- Ala A 0 W
Council/Agency Meeting Held: 03-do-o1
0
Deferred/Continued to:
C)
'iA proved ElConditionally Approved ElDenied
Cit er 's Signatures
r
Council Meeting Date: August 6, 2001
Department ID Number: PIV 0';1%"
c-)
'.T y
CITY OF HUNTINGTON BEACH co
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City AdministratoraO
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work*n_
SUBJECT: Authorize Advertisement of Traffic Signal Comml�i V"Pris and
Operation Upgrade Project (TSCOUP) Phases 1 a``jj1"1,, CC-1163
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Plans and specifications for the modification of traffic signal equipment
at 21 intersections are complete and ready for bid requests.
Funding Source: Funds in the amount of $500,000 are budgeted in OCTA/SIP Fund,
Traffic Signal Improvements, Account Number 87390009.84400. Funding of $400,000 was
provided through two OCTA Signal Improvement Program (SIP) fund grants ($200,000 each)
and $100,000 through City Measure M Local Turnback funds.
Recommended Action: Motion to:
Approve plans and specifications, and authorize the
bids for the TSCOUP I and II Projects; and
Approve the attached Sample Contract subject .to
responsive/responsible bidder.
Director of Public Works to request
award of the contract to the lowest
Alternative Action(s): Deny the. request to advertise this project and provide direction to
staff on how to proceed. Failure to complete this portion of the project would jeopardize the
OCTA grant funding received for the project and would likely result in the City reimbursing
OCTA a portion of funds already received for the purchase of equipment.
Analysis: The City of Huntington Beach has received two SIP competitive grants to fund
the upgrade of its traffic signal communications and operations master system. This will
result in a fast, stable master system that is traffic responsive and can be monitored from the
City Hall Traffic Operation Center.
01-101 August 6 Brohard (TSCOUP Bids) -,2� / 7/27/01 10:47 AM
0 REQUEST FOR ACTION 0
MEETING DATE: August 6, 2001
DEPARTMENT ID NUMBER: PW 01-101
Funding in these projects includes the upgrade of traffic signal controller cabinets. The
current cabinet/controller configuration does not take advantage of the full potential of the
City's Type 170 controllers. The change out will allow for the maximum use of the current
controller's features including the ability to obtain traffic volume data and transfer information
directly to the traffic signal master system located in City Hall. This information can then be
used by City staff and for input into the traveler information database. The construction bid
documents are designed to address the requirements of the cabinet upgrades, along with
ancillary improvements to accommodate the construction. The 21 intersections that will
receive the improvements are identified in Attachment 1.
The upgrades will also support the current Intelligent Transportation System (ITS) project.
Through the expansion of the traffic volume/density information that can be gathered by the
local traffic signal controllers, the City can automatically provide real time traveler information
through the ITS programs.
Plans and Specifications: Project plans and specifications are available for review in the
Public Works Department.
Environmental Status: This. project is categorically exempt pursuant. to the California
Environmental Quality Act, Section 1503 (c).
Public Works Commission Review: The Public Works Commission recommended
approval of this project at its July 18, 2001 meeting by a vote of 7-0.
Attachment(s):
RCA Author: Brohard:jm
01-101 August 6 Brohard (TSCOUP Bids).doc a 7125/01 9:18 AM
ATTACHMENT #1
IFS
• PROJECT LOCATION
File Name: M:/Traffic Drawings/Traffic Signals/Tscoup/VicUop.dwg
CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING
TRAFFIC SIGNAL MODIFICATION TSCOUP I & II
- VICINITY MAP
ATTACHMENT
•
•
ATTACHMENT #2
SAMPLE
FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR
THE TSCOUP I & II PROJECT(CC-1163)
THIS AGREEMENT is made and entered into on this day
of , 2001, by and between the CITY OF HUNTINGTON BEACH, a Municipal
Corporation of the State of California, hereinafter referred to as "CITY," and
a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as
"PROJECT," more fully described as the TSCOUP I & II Project (CC-1163) in the City of
Huntington Beach, California; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary 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 connected with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to, be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
agree/forms/fed FUND/07/24/01 SAMPLE
•
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the compensation set forth in the accepted bid proposal.
However, the total compensation to be paid is to be computed on the basis of
the units of work as it is actually performed, in accordance with the stipulated prices named in
the Bid Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all of 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 2000 edition including 2001 supplement, of Standard Specifications
for Public Works Construction, published by Builder's News, Inc., 10801 National Boulevard,
Los Angeles, California 90064, and all amendments thereto, written and promulgated by the
Southern California Chapter of the American Public Works Association and the Southern
California District Associated General Contractors of the California Joint Cooperative
Committee;
2
agree/forms/fedFUN D/07/24/01 SAMPLE
D. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
E. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the
plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision.said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal.of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the contract documents, a sum not to exceed
Dollars ($ ) as set forth in the Contract
Documents, to be paid as provided for by the terms and conditions of 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
within ( ) days from the execution of this Agreement by CITY,
excluding delays provided for herein.
3
agree/forms/fed FUN D/07/24/01 SAMPLE
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 conditions of this
Agreement. CITY shall have complete control of the premises on which the work is to be
performed and shall have the right to decide the time and order in which the various portions of
the work shall be performed and the priority of the work of other contractors, subcontractors
and CITY forces and, in general, all matters concerning the timely and orderly conduct of the
work on 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
CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been
agreed upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
4
agree/forms/fedFUND/07/24/01 SAMPLE
•
•
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and
pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work site will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability of
the job site, for any reason, relief to 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 (100%) of the contract price to guarantee the CONTRACTOR's faithful
performance of the work; one in the amount of one hundred percent (100%) 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 (100%) 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.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in
5
agree/forms/fedFUND/07/24/01 SAMPLE
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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair
employment practices in accordance with California Government Code Sections 12900 et seq.
11. CALIFORNIA PREVAILING WAGE LAW.
The CITY has ascertained from the Director of Industrial Relations of the State of
California the general prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be performed for each craft or
type of work needed to execute this Agreement, and the same has been set forth by resolution
on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it
shall pay not less than said prevailing. wage rates to all workers employed on this public works
Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with
the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure
payment of compensation to every employee.
12. CALIFORNIA PREVAILING WAGE LAW - PENALTY
Pursuant to this Agreement and in accordance with Section 1774 and 1775 of
the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars
($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR
or any of its subcontractors) less than the prevailing wage rate established for that particular
craft or type of work.
13. CALIFORNIA EIGHT -HOUR LAW
California Labor Code, Sections 1810 et seq, shall apply to the performance of
this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and
6
agree/forms/fed FUND/07/24/01 SAMPLE
CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than
eight (8) hours of labor per day or forty (40) hours per week from any one person employed by
it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and
each subcontractor employed by it hereunder shall, in accordance with California Labor Code
Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the
name and actual hours worked each calendar day and each calendar week by each worker
employed in connection with the PROJECT.
14. CALIFORNIA EIGHT HOUR LAW- PENALTY
Pursuant to this Agreement and in accordance with California Labor Code
Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for
each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than eight (8) hours in any
one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California
Labor Code Section 1815.
15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding the payment of travel and
subsistence allowance is applicable to this PROJECT.
16. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of
apprentices is applicable to this PROJECT.
17. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll record showing the name,
address, social security number, work classification, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman, apprentice or
worker employed by it in connection with the PROJECT and agrees to require each of its
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subcontractors to do the same. CONTRACTOR further agrees that its payroll records and
those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and
the employee or his representative, and the Division of Labor Standards Enforcement and the
Division of Apprenticeship Standards, and to comply with all of the provisions of California
Labor Code Section 1776, in general.
18. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not as an employee of CITY.
CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of
income tax, social security, state disability 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.
19. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of working/calendar
days as set forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five
Hundred Dollars ($500) 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 in section 4 herein, which sum
represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the
foreseeable losses CITY would sustain in the event of and by reasons of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY
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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 of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the 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 by CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claim for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
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20 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 to 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.
21. 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
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quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in
price or time for completion shall be allowed if asserted after final payment under this .
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
22. 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 payment 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 an acceptance of any part of the work.
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23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
24. 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 times, 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.
25. 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.
26. 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, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
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reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
27. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
28. INSURANCE
In addition to the workers compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
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than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
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C]
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.
30. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give 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.
31. DISPOSITION OF PLAN, 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.
32. 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.
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33. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code Sections 1090 et
seq.
34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices To
Withhold, or any similar legal document. Said obligation shall be provided for in the labor and
materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of
One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether
or not CITY is named in an action to enforce such Stop Notices. CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
35. 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.
36. 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.
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37. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this Agreement is being
executed is being assisted by the United States of America. Several contract provisions
embodied herein are included in this Agreement in accordance with the provisions applicable to
such federal assistance. As federal funds are financing all or part of this work, all of the
statutes, rules and regulations promulgated by the Federal Government and applicable to the
work will apply, and CONTRACTOR agrees to comply therewith.
38. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors to pay all
employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem
wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40
USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement.
CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISCRIMINATION, MINORITIES, ALIENS
CONTRACTOR shall not discriminate nor allow its employees, agents,
principals, or subcontractors to discriminate against any employee or applicant for employment
on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take
affirmative steps to hire local qualified minority individuals when job opportunities occur and
utilize local business firms when possible.
40. EQUAL EMPLOYMENT OPPORTUNITY
The CONTRACTOR will comply with all provisions of Executive Order 11246,
entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR part 60).
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CONTRACTOR is required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to
ensure equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)
prohibits job discrimination because of handicap and requires affirmative action to employ and
advance in employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
(38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to
comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years
after their discharge and (2) qualified disabled veterans throughout their working life if they
have a thirty percent (30%) or more disability.
To ensure compliance with these requirements, the CONTRACTOR shall
provide the CITY its written affirmative action plan prior to commencement of work. The
CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with
a completed affirmative action program from each subcontractor when applicable.
41. COPELAND "ANTI -KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the provisions of the
Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor
regulations, which Act provides that each shall be prohibited from including, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he is otherwise entitled.
42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The CONTRACTOR shall comply with the provisions of Section 103 and 107 of
the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by
Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each
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CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the
basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours.
Work in excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in
excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107
of the Act is applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under construction, safety and health
standards promulgated by the Secretary of Labor. These requirements do not apply to the
purchase of supplies or materials or articles ordinarily available on the open market or contracts
for transportation.
43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT.
(a) CONTRACTOR stipulates that all facilities to be utilized in the
performance of this Agreement were not listed, on the date of contract award, on the United
States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR
15.20.
(b) The CONTRACTOR agrees to comply with all of the requirements of
Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and
all regulations and guidelines listed thereunder.
(c) The CONTRACTOR shall promptly notify the CITY of the receipt of any
communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be
utilized pursuant to this Agreement is under consideration to be listed on the EPA List of
Violating Facilities.
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(d). The CONTRACTOR agrees to include or cause to be included the
requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and
further agrees to take such action as the Government may direct as a means of enforcing such
requirements.
44. ENERGY CONSERVATION
Agreements with federal participation shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et
seq. ).
45. HOUSING AND URBAN DEVELOPMENT
CONTRACTOR agrees to comply with any and all rules, regulations, guidelines,
procedures and standards of the United States Department of Housing and Urban Development
and complete any and all reports and forms that may be required in accordance therewith.
46. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY and CITY shall not be liable for payment of any legal service expenses incurred by
CONTRACTOR.
47. 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.
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48. ENTIRETY
The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
�oCity Attorney
INITIATED AND APPROVED: !�)q'01
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Director of Public Works
RCA ROUTING SliEET
INITIATING DEPARTMENT:
_ Public Works _.
SUBJECT:
Authorize Advertisement of Traffic Signal Communications
and Operation Upgrade Project (TSCOUP) Phases' I and
CC-1163
COUNCIL MEETING DATE:
August 6, 2001
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATIt?N FOR NtIS.SING ATTACHMENTS
Administrative Staff
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF' ITEM:
•
FAX FROM:
J J
CONNIE BROCKWAY, CITY CLERK
CITY CLERK'S OFFICE
CITY OF HUNTINGTON BEACH
•
P.O. Box 19012000 Main Street
Huntington Beach, CA 92648
(714) 536-5227
HUNTINGTON BEACH
(714) 374-1557 FAX
FAX #: (949) 646-5008
DATE:
1- OS-0
Number of
Pages(including cover a e :
B
Deputy City Clerk
To:
NTERNET ADDRESS:
Huntington Beach Independent
Attn: Mike (Legals)
http://www.ci.huntington-beach.ca.us
OR
Phone:
(949) 574-4251
-http://www.hbsurfcity.com/clerk
*** HB INFOLINE: 714-374-4800 ***
Remarks: ❑❑ Urgent El For your review EJReply ASAPEjl Please comment, 0❑ Per your request
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NOTICE INVITING SEALED BIDS
for the
TSCOUP I & H Project
CASH CONTRACT No.1163
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 pm on November 27, 2001. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a.
$25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards
(Appendix II, III, IV), which are on file at the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
•
The bid must be accoomied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class A or C-10 at the time of the bid opening. The
successful Contractor and his subcontractors will be required to possess business licenses from
the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 6th day of August 2001.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
0 TRANSMISSION VERIFICATION REPOR
DATE J I ME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
11/05 17:12
919496465008
00:00:49
03
OK
STANDARD
ECM
TIME : 11/05/2001 17:13
Li..400
101Y)CITY OF HUNTINGTON BEACH
2000 Main Street
P.O. Box 1 90
Huntington Beach, CA 92 64 8
LETTER OF TRANSMITTAL
Attention: Mr. Jeffrey Hughes
FAX 714.374.1573
Date: November 5, 2001
To: City of Huntington Beach, City Clerk's Office Project/CC No.: TSCOUP I & II Proiect
2000 Main Street CC-1163
Huntington Beach, CA 92648 Subject: Notice Inviting Sealed Bids
® We are sending you ❑ By Fed Ex
❑ We are hand delivering ❑ Prints ❑ Plans
❑ Other:
Item.#
"Copies
Pages '
, : Description
1
1
2
Notice Inviting Sealed Bids for TSCOUP I & II Project, CC-1163
These are transmitted as checked below:
❑
For approval
®
For your action
❑
As requested
❑
For review/comment
❑ Other:
Remarks: We are readvertising the project (bid opening for October 2, 2001 was
cancelled). Attached for your use is one copy of the Notice Inviting Sealed Bids for
TSCOUP I & II Project, CC-1163 . Please advertise the subject project as required to
meet the November 27, 2001 bid opening date.
Please call me at 714.536.5214 if you have any questions.
cc: By:
Doug K , Principal Engineer
HAKATOD\110\Nonci:INVITING SEALED BIDS TO CITY CLERK.DOc
• 0 _�Xl� it- 0'�-01
SECTION A r"WI(W
NOTICE INVITING SEALED BIDS
for the
TSCOUP I & II Project
CASH CONTRACT No. 1163
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 pm on November 27, 2001. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards
(Appendix II, III, IV), which are on file at the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
11 _ 22-a►
A-1
The bid must be accomP antbY a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class A or C-10 at the time of the bid opening. The
successful Contractor and his subcontractors will be required to possess business licenses from
the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 6th day of August 2001.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
PROOF OF PUBLICATION
STATE OF CALIFORNIA) ..
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. 1 am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the. City of Huntington
Beach, ' County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
September 13, 2001
September 20, 2001
September 27, 2001
i declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on September 27, 2001
at Costa Mesa, California.
Signature
NOTICE INVITING •payable to. the AGENCY
SEALED' BIDS''"` for ah amount_ no "less
for';the ,� "ti. than .10°/. of. 8 amount
I
-The successful bid''
Tsco�uP I�a�ufi s
Pro eCt der shell+�be licensed in
1acco,rdance. -- with`
.:CASH "CO O NTRACT provisions of the Busi-
No 1163 ness: and. Professions
.
-the Code . and -'shall possess
e CIT1170F a State , Contractor's
HUNTINGTON :License Class A or 0
-10I
BEACH at the Itime. of the bid
PUBLIC' NOTICE' IS :opening The. successful
THEREBY GIVEN -that Contractor ands. his I
,the CITY OF HUNT
subcontractors will be
INGTON EACH n es required to , possess
a--=---businessZlicenses�from-
AGENCY; invites sealed. ,the AGENCY:.
bids,:fortthe aboye'stated The AGENCY .reserves
projects' and will. receive the right to reject any.or'
such bids in the office of all bids, to .waive any sr -
the -City Clerk; Second regularity and to take all
Floor,:2000 Main Sheet," bids under advisement
Huntington Beach; Cali for maximum; period .of
fornia 92648, up to=ahe, 60 days i
hour of.20.0 pm on Octo gY` =.ORDER `` of the
liui-7--7nni n;A. will--Y.e.. _.—.. -_-_-- - -
Beach CA 92 48upo`n 4Published 'Huntington
payment sof a`$2!}.00 aBeacli Independent
�.+ . r I September 13, 20, 27,.
nonrefundable) fee- ;f 2001° 4
p
-icked,up or V payment"of x 0 2-276
.nonrefundable
fee if ;mailed:'..''
This isfa_iRayis=6agon":
project; and ;.the ,Federal'.
,:...
Regulation§ will '
enforcedR %ny`E coritradi
entered 'into' pursuant -to
this not'iceV will 16-,
corporates the provisions
of .the.-.-bddral•-;Labor
Standaids.�(APpendiz lf,'
IW IV) which are on'file
at the Office of .the Direc-
tor of, -Public .'Works,
20001 Maih'Street, • Hunt.
indtona':;Beach- CA
92648:.
The AGENCY :Will de-
duct .a 'tb% retention
may • suosvtute> -an
escrow holder suretyjof.
equal value to the reten=
tion in accordance with
�!he�.provisions of the Cal-
ifgrn`ia= 'Government
Code°; Section 4590.
'The Cont'racfor 'shall 'be
beneficiaktowner:^of the
surety and "shall receive
any interest thereon. -'"T,
T;he ;AGENCY ; hereby
affigAtively , ,ensures
that "minority business
eriterpHse"sr will be af-
forded full opportunity''otb
submit 'bids` in response
in
contrast`_:' ' ''
No bid'shall be I con-
sidered unless ' ' it • is
prepared on the ap-.
roved Proposal forms
i :...,
n;:confomiance with the
instructions to Bidders.
-The bid must be ac-
companied by a certified
check; cashier's check,
or bidder's. bond made
d 9_1D- 01
SECTION A
NOTICE INVITING SEALED BIDS
for the
TSCOUP I & II Project
CASH CONTRACT No. 1163
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 pm on October 2, 2001. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards
(Appendix II, III, IV), which are on file at the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
The bid must be accompanio a certified check, cashier's check, or er's bond made
payable to the AGENCY for an amount no less than 10% of the amoun id. 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 A or C-10 at the time of the bid opening. The
successful Contractor and his subcontractors will be required to possess business licenses from
the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 6th day of August 2001.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
w
FOECITY OF HUNTINGTON BEACH
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
LETTER OF TRANSMITTAL Fax (714) 374-1573
o
Attention: Connie Brockway Date: Septehger 11 21��
To: City Clerk's Office Project/C.C. No.: C. Ida -add 2CE2
Co �
2000 Main Street Regarding: TSCOUP 1 & II--naffiQ; ac
C-)
Huntington Beach, CA 92648 Improvement Project �"
o
o n
We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:)
® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
Copy of letter Change Order ® Other: Notice Inviting Sealed Bids
Item #
I Copies J.
Pages
IDescription
1
1
2
Notice Inviting Sealed Bids
2
3
4
5
These are transmitted as checked below:
For approval ❑ Approved as submitted Resubmit copies for approval
® For your use ❑ Approved as noted Submit copies for distribution
® For your action ❑ Returned for corrections ❑ Return corrected prints
7 For review/comment 0 Other:
Remarks: On August 6, 2001, the City Council authorized the advertisement of the TSCOUP I and II —
Traffic Signal Improvement Project. Please find attached the Notice Inviting Sealed Bids for this
project. Please have this advertised for September 13, September 20, and September 27 for bid
opening on October 2, 2001.
Please contact me at extension 5086 with any questions you may have.
cc:
B
Y�
I-b-6 Stachelski, PE, Associate Traffic Engineer
G:\CONSTRUCTION CONTRACTS (CCs)\CC1163\CLERK BID AD TRANSMITTAL.DOC
11
;, j& CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 24, 2002 ,2002
To: Baxter -Griffin Co., Inc.
8210 Monroe Street
Stanton, CA 90680
Enclosed please find your original.bid bond issued by
Connie Brockway, CMC
City Clerk
Enclosure
Gulf Insurance Company
for TSCOUP 1 & 2 - CC No. 1163
g:/followup/cashcon/retumbidbond.doc
(Telephone: 714-536-5227 )
•
•
GULF INSURANCE COMPANY
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
BOND NO.: AE2672002
BID DATE: 10/02/01
That we, BAXTER-GRIFFIN CO., INC., (hereinafter called the Principal), and GULF INSURANCE
COMPANY, a corporation organized and doing business under and by virtue of the laws of the
State of MISSOURI, and duly licensed for the purpose of making, guaranteeing or becoming sole
surety upon bonds or undertakings required or authorized by the laws of the State of
CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal,
not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF
BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves
and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden
Principal as aforesaid, is about to hand in and submit to the obligee a bid for TSCOUP 1 & 2;
TRAFFIC SIGNAL MODIFICATION —PROJECT CC1163 in accordance with the plans and
specifications filed in the office of the obligee and under the notice inviting proposals therefore.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract
for such work be awarded to the principal thereupon by the said obligee, and said principal shall
enter into a contract and bond for the completion of said work as required by law, then this
obligation to be null and void, otherwise to be and remain in full.force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly
signed and sealed this 1ST day of OCTOBER, 2001.
BAXTER-GRIFFIN CO., INC.
BY:
JWNIU,p u►Pt� . — SF e.� I Tn,�as .
GULF INSURANCE COMPANY
BY:
RANDY SP P HN, Att ne)/in-Fact
CALIFORNIA ALL-PURPOSE AONOWLEDGMENT
•
State of CALIFORNIA
County of ORANGE
On 10/02/01 before me, ZARA S. SPORN, NOTARY PUBLIC ,
personally appeared RANDY SPOHN ,
X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
ZARA �. SPOHN
E0Vtjl. # t 230889 m
co
Yip`"C-;.
Y' ,T
Notary Public Califamia
ORAN03E COU"4Ty
uJ `4x�;�
myComm. EXP. July 31, 2003
WITNESS my hand and official seal.
Signature of Notary
.f,�' i,-'.�Y !" ?s<'i't`J+cslX 1 -} �.�,.Y---`'� a- - -.�� - a - - i `tip e - - S v_ - ,aa x.•:'x ,y,,g"l y34, s
OPTIONAL '.ZAS' ME a
Though the data below is .not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
F[:1 INDIVIDUAL
CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
xx ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY (IES)
DESCRIPTION OF ATTACHED DOCUMENT
GULF INSURANCE CO Y BOND
HAZELWOOD, MISSO NUMBER AE2 6 ,1 6
POAVER OF ATTORN
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE NAME, ADDRESS
'SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE PRINCIPAL: CITY, STATE, ZIP
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
_KNOW ALL.%IEN BY THESE PRESENTS: That the Gulf insurance Company.
!a corporation duly organized under the laws of the State of Nlissouri, having its pnn- Baxter —Griffin CO. Inc.
;cipal office in the city of Irving. Texas, pursuant to the following resolution, adopt- 8210 Monroe
=ed by the Finance &Executive Committee of the Board of Directors of the said
-Company on the IOth day of August. 1993, to wit: Stanton; CA 90680
"RESOLVED. that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of.Atiorney constituting as Attomey-in-Fact, such persons, "firms, or corporations as
`!may be selected from time to time: and any such Attorney -in -Fact may be removed- EFFECTIVE DATE.
and [he authority granted him revoked by. the President. or any Executive \•ice
President, or anv Senior Vice President; or by the Board of Directors or by the
.'Finance and Executive Committee of the Board of Directois:
:: =RESOLVED. that nothing in this Power of Attorney shall be construed as a grant October 02, . 2001
iQ%authority to the auorney(s)-in-fact to sign, execute, ackno�iledge, deliver or eth- CONTRACT AMOUNT
erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
i "`.-RESOLVED. that the signature of the President, Executive Vice President or =
'any Senior Vice President, and the Seal of-the.Company may be affixed town}' such 150,000..001 (estimate)
:P,owii of Attorney or any certificate relating thereto by facsimile, and any such: .
. ..
,;;powers so executed and certified by facsimile signature and facsimile seal shall be. BOND�AMOUNT
- _'valid and binding upon .the Company in the future with. respect to any bond and -
--=documents relating to such bonds to which they are attached: ' -
!,Gulf Insurance Company does hereby make, constitute and appoint! - : $ Ten • "ercent- of " total bid amount 10% 'of bid) -
Donna Carlson : ���� ,Randy Spohn, Zara Spohn-�� _
.tS
=::4§-,true and lawful "attorney(s)-in-fact, with full "power and authority hereby conferred in its -name - place "and stead, to sign, execute, acknowledge and deliver in its
`behalf, as surety. any and all bonds and undertakings of suretyship, and to, bind Gulf Insurance Company thereby "as fully and to the same extent as if any bonds, -under-
ii6if6ngs:and documents relating to such bonds and/or undertakings' were -signed by the duly authorized officeFof_ttie Gulf Insu_ ranee Company and all th_e'acfs of said
-attomey(s)-in-fact, pursuant to the authority herein given, are hereby ratified Eid confirmed:- _
;. The obligation of the Company shall not exceed one.million (1,000,000),dollars.
1; i=INAVITNESS WHEREOF, the Gulf Insurance Company has_caused these presents to be signed by atiy officer of the Coinpany andrporate Seal to . its Co ' .
hereto affixed.. - - - _
S)pANCf
4.�`' aPoq,Too�A GULF INSURANCE COMPANY.- - - -
- - - -
-_,
_
:=-
LweF STATEO.P. Miniter = =
) SS.: Executive Vice President,
COUNTY OF NEW YORK ) _ -
, On the lath day of April, 2000 A,D., before me came Lawrence P.-M_ inter, known to personally who being by me duly sworn, did depose and say;
th`atbe resides in the County of Bergen, State of New'Jersey; that he is the Executive dice President of the'Gulf Insurance.Company, the corporation..`'
---described in and which executed the above instrument; that he. knoµs the seal of said corporation; that the seal affixed to the said instruments is such cor_
Ini po`rate. seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto, by like order.
l (n -- .- DAVIDJAFFA/::ff
Notary Public, State of New fork
- - - _ =: No. 02JA4958634.
.'�--STATE OF \��1' YORK ) _- OF 1 "
N Qualified in Kings County .
SS = Commission Expires December 30, 2001
COUNTY OF NEW YORK
1 the undersigned, Senior Vice President of the Gulf Insurance Company; a Missouri Corporation, DO _HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force.. _
Signed and Sealed at the City of New York. gANC�e cPO
=
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII _ SEAL Datedthe lst day of- October 01..
- AE2672002 *1343815* So\jP�
5016-:�E (3C001) George Biancardi
Senior Vice President
-,; ,:rr
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� SECTION C
PROPOSAL
for the
TSCOUP I & II Project
CASH CONTRAC1.T No.-CC-1163
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington'Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 60 working days, starting from.the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
TSCOUP I & II Project • '
PROJECT BID SCHEDULE
CC-1163
It ii
Nq
EiFX mated
�Quantty1�
Item ntth. nce _ r
P f xd 3 4
x �vntten �n words' _#�
Unit
_ xPnce
a
Amount_
1
Traffic Signal Modification at 21 Locations
1
@ ONE } Lkwo k'w 'CHtRZ+, <AuQ7J tuff s
L.S.
$ 13_33380a
DtrLAR�S
'(-NOV.SAt�� C1aILE� kU.NDiI�EOTNIiI�i`j EU,ttf 1.
6
Lump Sum �
2
Remove and Reconstruct 4" PCC Sidewalk
@ F lV �E '_- Dollars
00
$ 5.
$_ 00DI_
2,200 SF
No Cents
Per Square Foot
Total Amount Bid in Figures: $ (L q 33F — 11
Total Amount Bid in Words: Z-AOCA. rr,_LOT TvAi.--ANn T,.ntt 1,lue�n,nsn
Note: The City will provide vehicle heads, push buttons, signs and antennas, and some appurtenances
(see plans) at no cost to the Contractor. Contractor to pick up materials'at the City Yard, 17371 Gothard
Street. Contact Donn Strook two working days in advance for pick up at (714) 536-5530. Contractor
shall provide all cables.
C-2
If awarded the Contract, toundersigned agrees that in the event A 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 Bidder's BoNthe amount of $ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. Date Received idderr . nature
C-3
• LIST OF SUBCONTRACTS
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
t�� c C . (' . Cow 4nc
azv, tA Q-SS ri n,
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-4
WONCOLLUSION AFFIDAV*
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Mark Dillard , being first duly sworn, deposes and says that he or she is
Secretary, Treasurer of Baxter -Griffin Co. , Inc. the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
BAXTER-GRIFFIN CO., INC.
Name of Bidder
t JQ
Signature of Bidder
Mark Dillard, Secretary, Treasurer
8210 Monroe, Stanton, CA. 90680
Address of Bidder
Subscribed and sworn to before me this 2nd day of October � 200 1
NOTARY PUBLIC
NOTARY
ROSE M. SCHRIEVER
Commission # 1311045
i Notary Public - California
Orange County
My Comm. E)ires Jul 26, 2W5
C-5
UTILITY AGREEMENA
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 TSCOUP I & II Project, (I)(we)(it) will employ and utilize only qualified
persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission
facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code,
Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: October,:-::2, 2001
BAXTER-GRIFFIN CO., INC.
Contractor
By Mark Dillard
Title
Secretary, Treasurer
C-6
DIPUALIFICATION QUESTIOTVAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a. proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes ® No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-7
COIWNSATION INSURANCE CEVIFICATE
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: nctohPr 9. 7001
BARTER -GRIFFIN CO., INC.
Contractor
Secretary, Treasurer
Title
C-s
ADERGROUND SERVICE ALPT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
BAXTER-GRIFFIN CO., INC.
Contractor
By Mark Dillard
Secretary, Treasurer
Title
Date: October 2, 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-9
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
BAXTER-GRIFFIN CO., INC.
Bidder Name
8210 Monroe
Business Address
STANTON, CA 90680
City,
( 714 ) 826-5310
Telephone Number
290768 C10
State Contractor's License No. and Class
1/28/74
Original Date Issued
8/31/02
Expiration Date
State Zip
The work site was inspected by Mark Dillard of our office on 10/1/01
The following are persons, firms, and corporations having a principal interest in this proposal:
Baxter -Griffin Co., Inc.
Bert J. Griffin, President
Mark Dillard, Sec/Treasurer
C-10
The undersigned is prepa9to satisfy the Council of the City of Aington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Baxter -Griffin Co., Inc.
Company
Signature of Bidder
Mark Dillard, Secretary, Treasurer
Printed or Typed Signature
Subscribed and sworn to before me this 2ndday of October
NOTARY PUB
NOTARY
I
2aol
ROSE M. SCHRIEVER
Commission 4 1311045 z
i Notary Public - California
Orange County
My Comm. Expires Jul 26, 2006
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years: .
1. City of Santa Ana, 20 Civic Center Plaza, M-22, City Hall.Annex, Santa Ana, CA.
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Public Works
Traffic Signals
$91,911.00 Project No. 1618 1/9/2001
Contract Amount Type of Work Date Completed
2. City of Westminster, 8200 Westminster Blvd., Westminster, Ca. 92683
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Peter Mackprang 714-898-3311
$35,882.00 Traffic Signal Mod. 3/2001
Contract Amount Type of Work Date Completed
3. City of Huntington Beach P.O. Box 784, Huntington Beach, Ca. 92648
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Public Works
$43,606.00 Traffic Signal Sea Point @ Doral 6/2001
Contract Amount Type of Work Date Completed
C-11
1
CITY OF HUNTINGTON BEACH
All Bidders/proposers are required to provide the following information for all DBE and non -DBE
contractors, who provided a proposal, bid, quote, or were contracted by the proposed prime. This
information is also required from the proposed prime contractor, and must be submitted with their
bid/proposal. The City of Huntington Beach will use this information to maintain and update a
"Bidders" List to assist in the overall annual goal DBE goal setting process.
Baxter-Griffi.n,,Co., Inc.
Firm Name:' Phone: 714 826-5310
Address: 8210 Monroe, Stanton, CA, 90680 Fax: 714 826-3742
Contact Person: Mark Dillard No. of years in business 30
Is the firm currently certified as DBE under 49 CFR Part 26? ❑ YES ® NO
Type of work/services/materials provided by firm? Installation of Traffic Signals/Streeti
I What was your firm's Gross Annual receipts for last year?
❑ Less than $1 Million
lM Less than $5 Million
❑ Less than $10 Million
❑ Less than $15 Million
❑ More than $15 Million
This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs) information.
No collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of HUNTINGTON BEACH
DEPARTMEW OF PUBLIC WORKS.
1n conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder
declares that the bid is not made in the interest of, or on 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 of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
The Bidder shall list the name and ad* of each subcontractor to whom the Bidder0oses to subcontract portions of the '
work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard
Specifications and Section 2-1.01, "General," of the special provisions.
Name and Address
LIST OF SUBCONTRACTORS
Description of Portion
of Work Subcontracted
CAMILO LOPEZ, INC. (C L CONCRETE) CONCRETE WORK
1035 WEST GLADSTONE STREET
AZUSA, CA 91702
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL
ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH ARE A PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder BAXTER—GRIFFIN Co.- INC. , proposed subcontractor .
CAMILO LOPEZ, INC. (C L CONCRETE) , hereby certifies that he has has not_, participated in
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or
11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former -President's- Committee on
Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41
CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts. which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts
of S 10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the
award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such
other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
• NONLOBWNG CERTIFICATION •
FOR FEDMAI,-AID CONTRACTS
ie prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
:lief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing'or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.
his certification is a material representation of fact upon which reliance was placed when this transaction was made or
:1tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less.
ian $10,000 and not more than $100,000 for each such failure.
lie prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language
f this certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such subrecipients shall
:rtify and disclose accordingly.
DEBARMOT AND SUSPENSION CECATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated
therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency
within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent
jurisdiction in.any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of
action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Certification.
0
INSTRUCTI�OR COMPLETION OF SF-LLL,
• DISCLOS OF LOBBYING ACTIVITIES 0
its disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
Nation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352.
to filincy of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
:empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for
`ditional information if the space on the form is inadequate. * Complete all items that apply for both the initial filing and
aterial change report. Refer to the implementing guidance published by the Office of Management and Budget for
'ditional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or
subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level
below agencv name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract
grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).
Enter Last Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check
all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to
be made.
12. Check the appropriate box(es)..Check all boxes that apply. If payment is made through an in -kind contribution.
specify the nature and value of the in -kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s)
employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instruction, searching existing data sources, -gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the Office o�'Management and Budget, Paperwork
Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rcv.06-0440ANDIFo
CLOSURE OF LOBBYING ACTIVITI
COMPLETE THIS FORINWO DISCLOSE LOBBYING ACTIVITIES PUR T TO 31 U.S.C. 1352
1.\loan
ederal Action: 2. Status of Federal Action: 3. Report Type:
t Ela. bid/offedapplication ❑ a. initial
b. initial award b. material change.
ative agreement c. post -award
For iVlaterial Change Only:
rantee year_ quarter
su ce date of last.report
4.d A ress of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime \[]
Subawardee
Tier , if known
Congressional District, if kn&
G. Federal DepartmentlAgency:
8. Federal Action Number, if known:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable
A ` / Award amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including
(If individual, last name, first name, MI address if different from No. 10a)
(last name, first name, MI)
(attach Continuation Shect(s) i ecessary)
11. Amount of Payment (check all that apply) 13. Ty of Payment (check all that apply)
S actual planned a. retainer
b. a -time fee
12. Form of Payment (check all that apply): C. co ission
8 a. cash d. conti ent fee
b. in -kind: specify: nature c deferre
value f. other spe 'fv
14. Brief Description of Services Performed or to be performed and Date(s) of Servi , including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes
No El
6, information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
Signature:
was placed by the tier above when his transaction was made
`
or entered into. This disclosure is required pursuant to 31
Print Name:
U.S.C. 1352. This information will be reported to Congress
semiannuafty and will be available for public inspection. Any
Title:
person who fails to rile the required disclosure shall be subject
to a civil penalty of not less than S 10,000 and not more than
S 100,000 rbr each such failure.
Telephone No.: Date:
Federal Use Only:
Rev. U9
Authorized for Local Reproduction
Standard Form - LLL
' a. Profit and loss sharing. •
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9. Control of and participation in this contract. Identify by
name, race, sex, and "firm" those individuals (and their titles)
who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with
prime responsibility for:
a. Financial decisions
b. Management decisions, such as:
1. Estimating
2. Marketing and sales
3. Hiring and firing of management personnel _
4. Purchasing of major items or supplies
c. Supervision of field operations
Note. —If, after filing this Schedule B and before the comple-
tion of the joint venture's work on the contract covered by this
regulation, there is any significant change in the information
submitted, the joint venture must inform the grantee, either di-
rectly or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are cor-
rect and include all material information necessary to identify
and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to
grantee current, complete and accurate information regarding ac-
tual joint venture work and the payment therefor and any pro-
posed changes in any of the joint venture arrangements and to
permit the audit and examination of the books, records and files
of the joint venture, or those of each joint venturer relevant to
the joint venture, by authorized representatives of the grantee or
the Federal funding agency. Any material misrepresentation
will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State laws
concerning false statements."
Revised 3-95
08-07-95
............ .N........oF..............0...................................
.............
ameinn
Name of Firm
.....................................................................................................
Signature
Signature
.....................................................................................................
Name
Name
.....................................................................................................
Title
Title
.....................................................................................................
Date
Date
Date
State of
County of
On this _ day of , 19 —, before me
appeared (Name) to me" personally
known, who, being duly sworn, did execute the foregoing affi-
davit, and did state that he or she was properly authorized by
(Name of firm) to execute the
affidavit and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
Date
State of
County of
On this _ day of 19 before me
appeared (Name)
to me personally known,
who, being duly sworn, did execute the foregoing affidavit, and
did state that he or she was properly authorized by (Name of
firm)
to execute the affidavit
and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
FR-2
SECTION 14. FEDE& REQUIREMENTS FOR FEDERAL-AIDNNSTRUCTI ON PROJECTS
GENERAL. —The work herein proposed will be financed in
whole or in part with Federal funds, and therefore all of the
statutes, rules and regulations promulgated by the Federal Gov-
ernment and applicable to work financed in whole or in part with
Federal funds will apply to such work. The "Required Contract
Provisions, Federal -Aid Construction Contracts, "Form FHWA
1273, are included in this Section 14. Whenever in said required
contract provisions references are made to "SHA contracting
officer", "SHA resident engineer", or "authorized representative of
the SHA", such references shall be construed to mean "Engineer"
as defined in Section 1-1.18 of the Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT. —In ad-
dition to the provisions in Section II, "Nondiscrimination," and
Section VII, "Subletting or Assigning the Contract," of the re-
quired contract provisions, the Contractor shall comply with the
following:
The bidder shall execute the CERTIFICATION WITH RE-
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No request for
subletting or assigning any portion of the contract in excess of
$10,000 will be considered under the provisions of Section VII
of the required contract provisions unless such request is
accompanied by the CERTIFICATION referred to above,
executed by the proposed subcontractor.
NON -COLLUSION PROVISION. —The provisions in this
section are applicable to all contracts except contracts for Federal
Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condi-
tion precedent to approval by the Federal Highway Administrator
of the contract for this work that each bidder file a sworn statement
executed by, or on behalf of, the person, firm, association, or
corporation to whom such contract is to be awarded, certifying that
such person, firm, association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the submitted bid. A form
to make the non -collusion affidavit statement required by Section
112 as a certification under penalty of perjury rather than as a
sworn statement as permitted by 28, USC, Sec. 1746, is included in
the proposal.
PARTICIPATION BY MINORITY BUSINESS EN-
TERPRISES IN SUBCONTRACTING. —Part 26, Title 49,
Code of Federal Regulations applies to this Federal -aid project.
Pertinent sections of said Code are incorporated in part or in its
entirety within other sections of these special provisions.
Schedule B—Information for Determining Joint Venture Eli-
gibility
(This form need not be filled in if all joint venture firms are
minority owned.)
Name of joint venture N/A
2. Address of joint venture
3. Phone number of joint venture
4. Identify the firms which comprise the joint venture. (The
MBE partner must complete Schedule A.)
a. Describe the role of the MBE firm in the joint venture.
b. Describe very briefly the experience and business
qualifications of each non -MBE joint venturer:
5. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement.
7. What is the claimed percentage of MBE ownership? —
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by question
6.).
Revised 3-95
08-07-95
FR-1
CCCCCCCCC TTTT
CCCCCCCCC TTTT
CCCC TTTTTTTTTTTTTT
CCCC TTTTTTTTTTTTTT
CCCCCCCCC TTTT
CCCCCCCCC TTTT TTTT
TTTTTTTTT
CALTRANS
Certification Numbers CT-001054
Certifying Agencyt CALTRANS
Expiration Dater 05-01-2002
Contact Persons ELVIRA LOPEZ
Attention: ELVIRA LOPEZ
CAMILO LOPEZ, INC (C L CONCRETE)
1035 WEST CLADSTONE STREET
AZUSA, :A :170Z
HISPANIC
MALE
CORPORATION
(626) 334-2357
-----Post in Public View-----
DEPARTMENTOF TRANSPORTATION
Business Enterprise Program
PO BOX 142874 - MS 79
SACRAMENTO, CA 94274-0001
(911) 227-9599
0
--- a CERTIFIED PROGRAMS ---
DBE SMBE
J
- CERTIFICATION MUST BE RENEWED 120 DAYS PRIOR TO EXPIRATION DATE. ---
It .is your responsibility tot
Apply for Recariification on a Timely Basin.
- Review this notification for accuracy and notify Caltrans in writing of any necessary
changes.
--Preferred WORK LOCATIONS-----
CF CENTURY FREEWAY 19 LOS ANGELES 30 ORANGE 33 RIVERSIDE
36 SAN BERNARDINO 56 VENTURA
--Preferred WORK CATEGORIES and BUSINESS Typea-----
05100 CONCRETE STRUCTURE S C510S MINOR CONCRETE STRUCTURE S
C5110 CONCRETE SURFACE FINISH S C7301 CONCRETE CURB A SIDEWALK 5
s Only certified DBE's may be utilized to meet Federally funded contract goals.
Only certified SMBE or SWBE'n may be utilized to meet State funded contract goals.
Only certified CFMBE or CFWBE's may be utilized to most Century Freeway contract oasis.
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FROM C L CONCRETE PHONE NO. : 6263343517 • Dec. 11 2001 12:27PM P3
1fl:cl JAx7 1F--IN NO.464 pet
' • r
CITY OF HUNTINGTON BEACH
BIDDERS LIST
,11 Bidders/proposem are required to provide the following Information for all 013E and non-013E
wtractoM who provided a proposal, bid, quote, or were contracted by the proposed prime. This
nformation is also rewired from the proposed prime contractor, and must be submitted with their
Wiproposel. The City of Huntington Beach will use this information to maintain and update a
Bidders" List to assist In the overall annual goal DBE goai setting process.
=irm Name: C Clone re-}L Phone: a.6 - 33L-t - A :�i57
4ddreas: _loZlsL��.�-on C-
ST fax: t6 - 35 17
�So -CL-0, 9 I `70&_
Contaet Person: C'_nm 1 l n L_c��._ No. of years In businese_yea<,
is the firm currently certified as 013E under 49 CFR Part 26? Q YES p NO
Type of work/servicea/mat,eriats provided by firm?, Form Cinch TC)Q C ,C_ %J('J�S.,_,
What was your firm's Gross Annual receipts for last year? l
❑ Less than $1 Million
113 Less than $5 Million
p' Lesa than $10 Million
p Less than $15 M1111on
p More then $16 Million
This form can be duplicated if necessary to report all bidders (DBEs and nor+ -OBEs) information.
M
•
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
TSCOUP I & II Project
CC- 1163
November 9, 2001
Notice To All Bidders:
This addendum is hereby made a part of the contract documents to the same extent as though
it were originally included therein.
Please note the following revision to the project specifications:
1. The bid opening date is changed from November 27, 2001 to December 11, 2001. The
bid opening date on the cover sheet and on the Notice Inviting Bids (A-1) should be
changed. The time of the bid opening is unchanged.
All bidders shall acknowledge the receipt of this addendum with their bid proposal.
Dou to
Principal Engineer
Bidder Acknowledgement:
Company Name By Date
GAConstruction Contracts (CCs)\Cc1163\addendumI
.j, je CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 24, 2002 ,2002
To: Brey Electric Corp.
408 Elm Avenue
Enclosed please find your original bid bond issued by Developers Surety and
Indemnity Company for TSCOUP 1 & 2 - CC No. 1163
Connie Brockway, CIVIC
City Clerk
Enclosure
g:/followup/cashcon/retumbidbond.doc
(Telephone: 714-536-5227 )
Twig INSCO INSURANCE SERVICES, INC.
inSC%iCO Underwriting Manager for:
o Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
BID BOND
BOND NO. Premium is included in
Performance Bond,
KNOW ALL MEN BY THESE PRESENTS,
That we, Brey Electric Corp.
as Principal, and Developers Surety and Indemnity Company __ - a corporation
authorized to transact a general surety business in the State of Iowa
bound unto the City of Huntington Beach
as Surety, are held and firmly
(hereinafter called the Obligee)
in the full and just sum of 10% of bid _
Dollars, ($ 10% of bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL hassubmitted the accompanying bid for
TS.COUP I and II Project
Construction Contract No. CC-1163
In The City of Huntington Beach
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, or in the event of the failure of the Principal to enter
such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party
to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
Signed and Sealed this 5th
Brey Electric Corp.
Principal
ID-1198 (Bid Bond) (REV. 1/01)
day of December
Developers Surety a4indemnity Company
2001
YEAR
Surety
By/� .
. '
Dia M. Nielsen Attomey-in-Pact
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON BEFORE ME,
PERSONALLY APPEARED:
Capacity Claimed By Signer(s):
( ) Individual(s) ( ) Corporate
LUIS GARCIA, Notary Public
DIANE M. NIELSEN
() Partner(s) (X) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator ( ) Other:
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
Luis Garcia,
LUIS GARCIA
Commission t 1310163
Notary Public - California
Z Riverside County
MIr Comm. Exorm Jul 20, 2005
ALL PURPOSE ACKNOWLEDGMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each severally, but not jointly, hereby make, constitute and appoint:
**PAUL W. LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT
COSTELLO, JEANETTE MCCULLOCH, LINDA N. WELD EDWARD J. TALEN, JOINTLY OR
SEVERALLY'
as the true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attomcy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the
Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'1' day of November, 2000.
e
�1
y: `' •( AND � '%
S N
David H. Rhodes, Executive Vice President JQ. ............. OF��•'
y .4boP 2F•; y e
"u, SEAL = {
a . 1936 ' 0
By: i°- ° ,
Walter A. Crowell, Secretary �7 /OW P ,4aa c
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
ANYO
-k 9M\
-t, o(aPOggr C9�
wOCT.5 Fa T
O 1967 Z
Z
\ CgtIFOP�\P /
On November 8, 2000, before me. Dianc J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
L >�
Signature
CERTIFICATE .
DIANE J. KAWATA
COMM. 011679 M
NOTARY PUBUC-CALIFORN A
m ORANGE COUNTY
My Cotten. EQ. Jan. B, 21102
The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, arc in force as of the date of this Certificate.
This Certificate is executed in the Citv of Irvine, California, the 5 th day of December , 2001
By a 4.
David G. Lane, Chief Operating Officer
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SECTION C
PROPOSAL
for the
TSCOUP I & II Project
CASH CONTRACT No. CC-1163
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 80 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set.forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
TSCOUP I & II Project •
PROJECT BID SCHEDULE
CC-1163
Ite m;
No
�,€. �'k�
sti Emated
Quantity;
.z, ^,�'.i.; ,. sz?��
_Itewith rice `� x
Jill
� _ �.��P � �, _ � �•
written �nwords
�..:?Y:.�.•. '-�°.�. �..�..'r�� •.� htc.' �: t+"."°�`_'`�
Unit�,�.
:: Price
'"'�ZsY .`.ue
� �'��. �
Am unt
^,rx�� ,r
1
Traffic Signal Modification at 21 Locations
@ One_ Hundred eight' Thousand},iqu'
L.S.
$-108, 000.
1
No Cents
Lump Sum
2
Remove and Reconstruct 4" PCC Sidewalk
R Eighteen Dollars
$ 18.52
$ 40,750.01
2,200 SF
Fifty Two Cents
Per Square Foot
Total Amount Bid in Figures: $ 148 750.00
Total Amount Bid in Words:__..._......... _....E ke d'._ tv__.Fight_ vs�*—.Sevea.__..�_._.._�_
_ un 1
gus
Note: The City will provide vehicle heads, push buttons, signs and antennas, and some appurtenances
(see plans) at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard
Street. Contact Donn Strook two working days in advance for pick up at (714) 536-5530. Contractor
shall provide all cables.
C-2
If awarded the Contract, th&ersigned agrees that in the event of OIDDER'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 Bid Bond in the amount of $14, 875.00 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:
11 Addenda No. I Date Received I Bidder's Signature 1
C-3
WST OF SUBCONTRACTOR
r.
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
By submission of this proposal, the Bidder certifies:
L . That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-4
. • • ham'•-- •r •
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
TSCOUP I & II Project
CC- 1163
November 9, 2001
Notice To All Bidders:
This addendum is hereby made a part of the contract documents to the same extent as though
it were originally included therein.
Please note the following revision to the project specifications:
1. The bid opening date is changed from November 27, 2001 to December 11, 2001. The
bid opening date on the cover sheet and on the Notice Inviting Bids (A-1) should be
changed. The time of the bid opening is unchanged.
All bidders shall acknowledge the receipt of this addendum with their bid proposal.
Dou to
Principal Engineer
Bidder Acknowledgement:
Prey Electric Corporation C�12/10/01
Company Name By Date
GAConstruction Contracts (CCs)\Cc1163\addendumI
OONCOLLUSION AFFIDAVIO
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of OaW Riverside
Matt Brey , being first duly sworn, deposes and says that he or she is
President of Brey Electric Corp. 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 defository, or
to any member or agent thereof to effectuate a collusive or sham bid.
Brey Electric Corporation
Name of Bidder
C
Signature of Bidder
408 Elm Ave., Beaumont CA 92223
Address of Bidder
Subscribed and sworn to before me this 10 day of Dec , 2001
NOTARY PUBLIC
CHERRI WILSON
Commission # 1261563 Z
Notary Public - California g
lrverside County
My Comm. 5q*es Apr22, 2 004
NOTARY SEAL
C-5
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 TSCOUP I & II Project, (I)(we)(it) will employ and utilize only qualified
persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission
facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code,
Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: 12 10 / 01
C-6
Brey Electric Corporation
Contractor
—WJ 2-
I:
President
Title
..1
'N ,•.
• DI4ALIFICATION QUESTIONIORE
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 M 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-7
COMIOSATION INSURANCE CER*ICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: 12/10/01
C-8
Brey Electric Corporation
Contractor
President
Title
AERGROUND SERVICE AL
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:
Brey Electric Corporation
Contractor
12
Title
Date: 12/10/01
President
t L�
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-9
0 BIDDER'S INFORMATIONS
BIDDER certifies that the following information is true and correct:
Brey Electric Co=oration
Bidder Name
408 Elm Avenue
Business Address
Beaumont CA 92223
City,
( 909 ) 845-3971
Telephone Number
778014 C10 and A
State Contractor's License No. and Class
4 lZ$ /o o
Original Date Issued
04/30/2002
Expiration Date
The work site was inspected by
J.D. Elmquist
State Zip
of our office on 12/03 92001
The following are persons, firms, and corporations having a principal interest in this proposal:
Matt Brey
Jose Sevilla
The undersigned is prepare satisfy the Council of the City of Huogton 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.
Brev Electric Corporation
Company Name
Signature of Bidder
Matt Brey
Printed or Typed Signature
Subscribed and sworn to before me this 10 day of Dec , 2001
CHERRI WILSON
Commission # 1261563 Z
Notary Public - COIROMIa
Riverside County
MY Comm. 6cpires Arx 2Z 2W4 U
NOTARY PUBLIC
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
2
3
Palm Desert 73-510 T'rp-d Waring Tyr _ ., Pa 1 m T)pcert CA_ 92260
Name and Address of Public Agency -
Name and Telephone No. of Project Manager: Tom Bassler 760/346-0611
$9,310.00 Electrical 06/1998
Contract Amount Type of Work Date Completed
NOCCCD 1000 N Lemon St.. Fullerton CA 92832-1351
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Pat Reish 714/578-8463
425,900.00 Exterior Lighting 04/2000
Contract Amount Type of Work Date Completed
State of CA', Mi 1 i tar= Pi vi ci nn P n Pax 2(i 19 Q1 $arramentn CA 95896
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Yousef Abdou 916/854-3543
97 ,650 - 00 Seciiri ty T.i gh i ng 1012000
Contract Amount Type of Work Date Completed
C-11
CITY OF HUNTINGTON BEACH
BIDDERS LIST
Nil Bidders/proposers are required to provide the following information for all DBE and non -DBE
;ontractors, who provided a proposal, bid, quote, or were contracted by the proposed prime. This
nformation is also required from the proposed prime contractor, and must be submitted with their
aid/proposal. The City of Huntington Beach will use this information to maintain and update a
'Bidders" List to assist in the overall annual goal DBE goal setting process.
Firm Name: Brey Electric Corporation Phone: `909/845-3971
Address: 408 Elm Avenue Fax: 909/845-3643
Beaumont CA 92223
Contact Person,.. J_ n_ F1m{u,ist No. of years in business 6
Is the firm currently certified as DBE under 49 CFR Part 26? ❑ YES ® NO
Type of work/services/materials provided by firm? Electrical contrarti on
What was your firm's Gross Annual receipts for last year? I
❑
Less than $1 Million
KI
Less than $5 Million
❑�
Less than $10 Million
❑
Less than $15 Million
❑
More than $15 Million
This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs) information.
(2-i2
SECTION 14. FEDEQUIREMENTS FOR FEDERAL -AID ATRUCTI ON PROJECTS
GENERAL. —The work herein proposed will be financed in
whole or in part with Federal funds, and therefore all of the
statutes, rules and regulations promulgated by the Federal Gov-
emment and applicable to work financed in whole or in part with
Federal funds will apply to such work. The "Required Contract
Provisions, Federal -Aid Construction Contracts, "Form FHWA
1273, are included in this Section 14. Whenever in said required
contract provisions references are made to "SHA contracting
officer", "SHA resident engineer", or "authorized representative of
the SHA", such references shall be construed to mean "Engineer"
as defined in Section 1-1.18 of the Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT. —In ad-
dition to the provisions in Section II, "Nondiscrimination," and
Section VII, "Subletting or Assigning the Contract," of the re-
quired contract provisions, the Contractor shall comply with the
following:
The bidder shall execute the CERTIFICATION WITH RE-
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No request for
subletting or assigning any portion of the contract in excess of
$10,000 will be considered under the provisions of Section VII
of the required contract provisions unless such request is
accompanied by the CERTIFICATION referred to above,
executed by the proposed subcontractor.
NON -COLLUSION PROVISION. —The provisions in this
section are applicable to all contracts except contracts for Federal
Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condi-
tion precedent to approval by the Federal Highway Administrator
of the contract for this work that each bidder file a sworn statement
executed by, or on behalf of, the person, firm, association, or
corporation to whom such contract is to be awarded, certifying that
such person, fine, association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the submitted bid. A form
to make the non -collusion affidavit statement required by Section
112 as a certification under penalty of perjury rather than.as a
sworn statement as permitted by 28, USC, Sec. 1746, is included in
the proposal.
PARTICIPATION BY MINORITY BUSINESS EN-
TERPRISES IN SUBCONTRACTING. —Part 26, Title 49,
Code of Federal Regulations applies to this Federal -aid project.
Pertinent sections of said Code are incorporated in part or in its
entirety within other sections of these special provisions.
Schedule B—Information for Determining Joint Venture Eli-
gibility
(This form need not be filled in if all joint venture firms are
minority owned.)
1. Name of joint venture
2. Address of joint venture
3. Phone number of joint venture
4. Identify the firms which comprise the joint venture. (The
MBE partner must complete Schedule A.)
a. Describe the role of the MBE firm in the joint venture.
b. Describe very briefly the experience and business
qualifications of each non -MBE joint venturer:
5. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement.
7. What is the claimed percentage of MBE ownership? —
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by question
6.).
Revised 3-95
08-07-95
FR-1
a. Profit and loss sharing. •
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9. Control of and participation in this contract. Identify by
name, race, sex, and "firm" those individuals (and their titles)
who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with
prime responsibility for:
a. Financial decisions
b. Management decisions, such as:
1. Estimating
2. Marketing and sales
3. Hiring and firing of management personnel
4. Purchasing of major items or supplies
c. Supervision of field operations
Note. —If, after filing this Schedule B and before the comple-
tion of the joint venture's'work on the contract covered by this
regulation, there is any significant change in the information
submitted, the joint venture must inform the grantee, either di-
rectly or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are cor-
rect and include all material information necessary to identify
and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to
grantee current, complete and accurate information regarding ac-
tual joint venture work and the payment therefor and any pro-
posed changes in any of the joint venture arrangements and to
permit the audit and examination of the books, records and files
of the joint venture, or those of each joint venturer relevant to
the joint venture, by authorized representatives of the grantee or
the Federal funding agency. Any material misrepresentation
will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State laws
concerning false statements."
Revised 3-95
08-07-95
FR-2
r
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Name of Firm Name of Firm
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Signature Signature
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Name Name
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. Title Title
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Date Date
Date
State of _
County of
On this _ day of . 19 —, before me
appeared (Name) to me personally
known, who, being duly sworn, did execute the foregoing affi-
davit, and did state that he or she was properly authorized by
(Name of firm) to execute the
affidavit and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
Date
State of
County of
On this _ day of 19 —,'before me
appeared (Name) to me personally known,
who, being duly sworn, did execute the foregoing affidavit, and
did state that he or she was properly authorized by (Name of
firm) to execute the affidavit
and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
u
The Bidder shall list the name and addrief each subcontractor to whom the Bidder poses to subcontract portions of the
work, as required by the provisions in Section 2-1.054, "Required Listing, of Proposed Subcontractors," of the Standard
Specifications and Section 2-1.01, "General," of the special provisions.
LIST OF SUBCONTRACTORS
Description of Portion
Name and Address of Work Subcontracted
tib M--
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL
ALSO CONSTITUTE AN ENDORSEMEYT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH ARE A PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Brey Electric Corporation , proposed subcontractor
hereby certifies that he has X has not participated in
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or
11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former -President's Committee on
Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41
CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts, which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts
of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the
award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such
other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
#collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of Huntington Beach, CA
DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder
declares that the bid is not made in the interest of, or on 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 of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.. '
DEBARMA AND SUSPENSION CERTIWATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated
therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency
within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of
action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Certification.
NONLO YING CERTIFICATION • ': ,
FOR FERAL -AID CONTRACTS
ie prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
lief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.
his certification is a material representation of fact upon which reliance was placed when this transaction was made or
Ztered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
ian S10,000 and not more than 5100,000 for each such failure.
ate prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language
f this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall
=rtify and disclose accordingly.
DAJkJLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FO DISCLOSE LOBBYING ACTIVITIES PURS TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract F� a. bid/offer/application Ela. initial
b. grant b. initial award b. material change.
c. cooperative agreement c. post -award
d. loan For Material Change Only:
e. _ loan guarantee year _ quarter
f. loan insurance date of last report
4. Name and Address.of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier , if known
Congressional District, if known
6. Federal Department/Agency:
8. Federal Action Number, if known:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable
9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including
(If individual, last name, first name, MI) address if different from No. I Oa)
(last name, first name, IVII)
(attach Continuation Sheet(s) if necessary)
It. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)
S actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission
ea. cash d. contingent fee
b. in -kind; specify: nature a deferred
value f. other, specify
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
No Lobbying Activity
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
6. Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was [Wade `
or entered into. This disclosure is required pursuant to 31 Print Name: Matt Rre
U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any president
person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than 510,000 and not more than
$100,000 for each such failure. Telephone No.: 909/845-3971 Date: 12/10 01
Federal Use Only:
e
Authorized for Local Reproduction
Standard Form - LLL
INSTRUCTMS FOR COMPLETION OF SF-LLL,
DISCLOIWE OF LOBBYING ACTIVITIES •
✓. I
its disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
.tiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352.
ie filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
:empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for
:ditional information if the space on the form is inadequate.' Complete all items that apply for both the initial filing and
aterial change report. Refer to the implementing guidance published by the Office of Management and Budget for
!ditional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or
subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under -rants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level
below aaencv name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for -rants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification' in item 1 (e.-.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract
-rant. or loan award number, the application/proposal control number assi-ned by the Federal agency). Include
prefixes, e.-., "RFP-DE-90-00 L"
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10, (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).
Enter Last Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check
all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to
be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution.
specify the nature and value of the in -kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officers)
employee(s) or ivlember(s) of Congress that were contacted.
13. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instruction, searchin- existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project (0343-0046), Washington, D.C. 20503. SF-LLL-Instnictions Rcv.06-044NENDIF,.
s DBE INFORMAI*N—GOOD FAITH EFF(OTS
City of Huntington Beach established a Disadvantac;4 Business Enterprise (DBE) goal of � for this project. The
)rmation provided herein shows that adequate good faith efforts were made.
A. The names and dates of eac.h.publication in which a request for DBE .partic.ipation for this project was placed by the
bidder (please attach copies of advertisements or: proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and
methods used for following up initial solicitations to determine with certainty whether the DBEs were interested
(please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs
Date of Inital
Follow Up Methods
Solicited
Solicitation
and Dates
Ca1Mex Engineering
12/03/01
12/04/01 Fax and Phone
Archuleta Concrete
12/03/01
12/04/01 Fax and Phone
J and R Concrete
12/03/01
12/04/01 Phone
ASAP Services, Inc
12/03/01
12/04/01 Fax and Phone
Larry Jacinto
12/03/01
12/10/01 Phone
_ AF Valdivia and Sons
.12/03/01
12/10/ 01. Fax and Phone
C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down
of the contract work items (including those items normally performed by the bidder with its own forces) into
economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that
sufficient work to facilitate DBE participation was made available to DBE firms.
Items of Work Breakdown of Items
Pull Box Suppliers
Pull Boxes
Concrete Flatwork Concrete Pour and Form
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs,
and the firms selected for that work (please attach copies of quotes from.the firms involved):
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
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E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical
assistance or information related to the plans, specifications and requirements for the work which was provided to
DBEs:
Offers. to assist if recruired
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or
services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or
its affiliate.
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using
DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page
download, etc.).
Name of Method/Date of Results
Agency/Organization Contact
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
Used lists from Dept. of General Services, Inland Empire SBDC, Metro
Transportation Authority, Dept. of Small Business Diversity and Labor
Compliance and City of Los Angeles, Bureau of Contract Admin.
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