HomeMy WebLinkAboutPACIFIC STRIPING INC. - 2001-06-18 ti �aa City 9 of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: David Verone P�V/�
DATE: 07/01/02
SUBJECT: Retention Release Payment
Company Name: Pacific Striping Inc.
Address: P.O. Box 1691
City, State and Zip Code: Whittier, CA 90609
Phone Number: (562) 945-7805
B -License Number:485696
Local Address: n/a
Notice of Completion Date:2/26/02
Contract Purpose: CC-1140 Install raised pavement marker through out the City.
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are on file on the sub' ct at this time.
ate Robert F. Beardsley, Public Works Director
I certify that there are no outstanding invoices on file.
• I �
2
Date F idenrich, City Treasurer
ti
O
I certify that no stop notices are on file on the subject contract, and that a guaranty bond
has been filed with this office. `
`k
Date Connie Brockway, City Plerk
RETENTION MEMO.doc 7/1/2002 2:32 PM .�
JUN-06-2002 10iO3 AM PACIFIC STRIPING 5629457005 P. 02
JLN-•ES-2W2 fB:ZS FLMINYON EEF.D1 714 22/Z3
• TY S ORIGINAL
P8CLA1 ?IO!' Q�S� I AC'I QF_WIM3
Arsibc' s.M
1. I tm L%e 8ereral contractor for the City of Hantlrgar.Beieh,am to the pm,,cct mart folly
datc4bed lathe public works cantmat enthiri aW1 wls�I t+����rk►e�e��14
W dated w—
x. Ali wAtrs erd puson.e emplay4 eU fans seppl)iq mstcelL,and aft jutCQ.ttractart der the
abavornm onsd project have ban paid is tlxll.
3. The fob%ving ate L$thet ftut d al alms,or items in=action vrith Mcm to W t}t cI4
whl:b have bom filed uadar thk provikm of to Mtn of Oa Shoe cf CQ%nr &— (}frame,
Me-NONE-1
I deglare t ndtr penalty of ptrjtry th►t tho ftnatili is true and cc=. tt.
Exewted at .ore thls� day of _)aM ,
lS �
JUN-06-2002 10:03 AM PACIFIC STRIPING $62945780 P e
Ni-2r2242 C9:27 N.MIlGTOH BfJ30i 714 S
LEFS.,,��IiyAL
Cit►.of Hantinitol Beech
Dmpu"*it of?uWo Wosks
Fort Oi&a 2W Igo
Hua:iVr.nBach,CA 92649
Subject: Cuddcsxon ofCompSam with Tale VQ otthe Civil Wo-ti
Act rind Equal Employment Opportnrltyy eta of 1972
Gsatt.maa: , ..
The andsnipmce contractor an
CG��� ,fir Cf f,,t.+t 1� .x���l�,e�����r����•�F�Akers.
Frclam No. I1tk
hereby carHu that all labotart,MCA"Cl,qpenden,trenow,welaaraa and bard unpSoyed
byb:m or by my subeaninctor psrlbmdaj work order$@ e=sct on the prgn-t hays been ftd
:%nu at ruu riot leuo than thass nqulrcd by the canvw psovislons,rued thn the work"Mud
by etch such Motor,tttiscl'.er:le,tpprerdce or trams eahlbnried to the clasiificttdam M Berth in
the carts::or tn.' program provlslou applicable to the tisMe ratc pid.
<4*1 eXL _ DMi --4�
Vj wr and Tito
�p�r. • ��r. :fit':::
' ryfi r
TOTAL F-W
RECEIVED BY: CITY CLERK RECEIPT COPY
7-4 G( rey Hu heslxt.DUPLICATE2 to
Jeffrey Hughes feat.6260)
(Name) after signing+dating
(Dare)
CITY OF HUNTING TON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich,City Treasurer
ATTN: JimySlobojjan, Deputy City Treasurer
FROM: 1MW
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for ��« � sTkI Nt,h , INC •
(Company Name) ---
Faithful Performance Bond No. g-7-73N
Labor and Material Bond Noy - ..�-
Monument Bond No.
Maintenance Bond No.
rkrztIT 1
Re: Tract No.
CC No. Mo
MSC No.
Approved °6 - 13�a Agenda Item No. E + 3
(Councl Approval Date)
City Clerk Vault No. �A0�•S°
g:4ahlbond!ettendoc
INSCO INSURANCE SERVICES, INC.
�� �1Ct� Underw�tttng Manager for.
e o Developers Surety and Indemnity Company
Indemnity Company of Cal1!omta
17780 Fitch,Sufte 200-Irvine,California 92614-(949)263-3300
11�i MENANCE BONrD _ "" T�'i' Cs dtt -
r
u4prlt9r City Attorp,Qy
BOND NO: 877386P
Premium included in Performance Bond
KNOWALL NIEN BY THESE PRESENTS:
THAT we, pacific Striping, Inc. - as Principal,
aLd Indemnity Company of California - a corporation organized and doing business under
aLd by virtue of the laws of the State of California` and duly licensed to conduct surety
bt:sinrss in the State of California,as Surety,are held and firmly bound unto
City of Huntington Beach,a Municipal Corporation of the State of Call`ornia
as Obligee,in the stun of one Hundred Thirty Five Thousand Four Hundred Five Dollars and No1100-
(S Dollars,forwhich payment,well and truly to be made,we bind ourselves,our heirs,executors
and successors,jointly and severally firmly by these presents.
TI IE CONIDITION OF THE OBLIGATION IS SUCH THAT.
"IEREAS,the above named Principal entertd into an agreement or agreements with said Obligee to.
1-405 Multi-Juds&ctional Smart Corridor and Cattrans District-12 Intertie project In the City of Hunting!on Beach,California
Wl MREAS,said agreerapnt provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW,THEREFORE,if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materia.'s or workmanship which become apparent dlring the period of one year from and after acceptance
of the said improvements by Obligee,then this obligation shall be void;otherwise to remain in full force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seat and the name
of the said Surety is hereto afhxed and attested by its duly authorized Attorney-in-Fact
thic 31 st day of July 2001
YEAR
Pacific SY[ping,Inc. Indernity Company of California
Pr[ncipal
ray BY
SCC11 ►S. C fi d Auomty-in FaR
P.O.Box 1691.Whittier,CA 90609_
U)Am1(CA)(One Year Term)(REV.3101)
, 1
VVV
s-
INSCO INSURANCE SERVICES, INC.
in-sceh1eo Underwrlting Mane gerfor.
Developers Surety and Indemnity Company
Indemnity Company of California
17760 Faeh,Suite 200•Irvine,Cardomla 82614+(949)263,9300 UPrt3V A AS TO F01161:
GAIL :J;iJt1, City Attorney
PERFORMANCE BOND—PUBLIC WORK By: Deputy City Attorney
Bond No.877386P
g 3,385.00 premium Is for contract term
and Is subject to adjustment based on final
Contract Price.
}WOW ALL MEN BY THESE PRESENTS.That we, pacific Striping,Inc.'
As Principal,and Indemnity Company of Califomia ,a corporation duly authorized under the laws of the
State of California to become surety on bonds and undertakings,as Surety,are held and firmly bound unto
City of Huntington Beach,a Municipal Corporation of the State of California
As Obligee in the full and just sum of
One Hundred Thirty Five Thousand Four Hundred Five Dollars and No1100
Dolla-s, ($135,405.40— ),lawful money of the United States of America,to be paid to the said
Obligee, successors or assigns;for which payment,well and truly to be made,we bind ourselves, our heirs, executors,
successors,administrators and assigns,jointly and severally,firmly by these presents.
The Condition of the foregoing obligation is such that:whereas the above bounden Principal has entered into a contract,
dated 2001 with the Obligee to do and perform the following work,to-wit:
YEAR
1.405 Multi-Jurisdictional Smart Corridor and Caltrans District-12 Intertie project In the City of Huntington Beach,California
as Is more specifically set forth In said contract,to which contract reference Is hereby made;
Now therefore,It the said Principal shall well and truly perform the work contracted to be performed under said contract in
accordance with the plans and specifications,then the above obligation to be void, otherwise to remain In full force and
Virtue.
No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein.
Seale with our seals and dated this 31st day cf July 2001
YEAR
Pacific Striping,Inc. Indemnity Company of Califomla
Principal
^c+•L—
SCoa she ^ ' yard Atiomey- Faci
1p-1219 1,CA)(R-E-V.2101)
• 7
' �1 INampo
w
INSCO INSURANCE SERVICES, INC.
rinscicibirO Undsrws4ttng Manager for.
Developers Surety and Indemnity Company
Indemnity Company of Callfomla iri n ;-n X8 TO ilonw,
17780 Fitch,Suite 200-Irvine,Calfornia 92614-(949)263-3300 u{. 011, City .A t tar rs
BY; rA p::ty City 1ttarnev
PAYMENT BOND— PUBLIC WORK
Bond No.877386P
Premium Included in Performance bond
KNCr.V ALL MEN BY THESE PRESENTS,That Pacific Striping, Inc.
as Principal,
and Indemnity Company of California , a corporation authorized to transal a general surety business
In the State of California,as Surety,are held and firmly bound unto City of Huntington Beach,a Municipal Corporation
of the State of Califomia
as Obligee in the sum of
One Hundred ThirtyFive Thousand Four Hundred Five Dollars and Noll
Dollars($135,405.00 }for the payment whereof,In lawful money of the United States,said Principal
and uurety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these
presents.
The Condition of the foregoing obligation Is such that:whereas,the above bounden Principal has entered into a contract,
dated 12001 ,with the obligee to do the following work,to wit,
1-40513u%4uris(fctional Smart Corridor and Caltrans District-12 InteMe Project In the Ctty of Huntington Beach,California
Now,therefore,If the above bounded Principal,contractor,person,company or corporation,or his or Its sub-contractor,fails
to pay any claimant named In Section 3181 of the Civil Code of the State of California,or amounts due under the Unemployment
Insurance Code,with respect to work or labor performed by any such claimant,that the Surety on this bond will pay the
same. in an amount not exceeding the aggregate sum specified in this bond,and also. In case suit Is brought upon this
bond, a reasonable attorney's fee,which shall be awarded by the court to the prevailing party in said suit, and attorneys
fees t)be taxed as costs in said suit
This toed shall inure to the benefit of any person named in Section 3181 of the Civil Cede of the State of California so as
to gives a right of action to them or their assigns In any suit brought upon this bond.
This band is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated
in Civil Code,Sections 3247-3252 Inclusive,and all amendments thereto.
Signed;and Sealed this 31st day of Jul _ 12001
YEM
Pacific Striping,Irrr.. Indemnity Company of California
Principal � Surety
By. 4�A141�a_
Scott she Dnna onard, Attomey-In-Fact
ID-1210(CA)(REV.Wi)
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk-Recorder
WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfl1IIII1IIIII1IIIIIINO FEE
CITY OF HUNTINGTON BEACH 2O020406979 09:24am 05/15/02
Office of the City Clerk 120 3 N12 1
P.O. Box 190—2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
NOTICE OF COMPLETION -- -
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded to Pacific Striping who was the company thereon, l�
for doing the following work to-wit:
PROJECT-CC NO. 1140
This project includes Citywide Installation of Reflective and Non-Reflective Pavement Markers. (�
That said work was completed February 26, 2002 by said company according to plans and specifications 1"
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 February 26, 2002, per City Council Resolution No. 2002-10
adopted February 19, 2002.
That upon said contract National Fire Insurance Company of Hartford 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 April 19,2002.
zz
Director oY Public orks or City Engineer
STATE OF CALIFORNIA )
County of Orange )ss:
City of Huntington Beach )
I David Webb do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is
true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded
in the Office of the County Recorder of Orange County.
Dated at Huntington Beach, California,this April 19,2002.
/ y If-4�
Director of PubWWorksr City Engineer
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190—2000 Main St.
Huntington Beach, CA 92648
.j,nie CITY OF HUNTINGTON BEACH
0. kv 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
April 22, 2002
Darlene J. Bloom
County Clerk-Recorder
P.O. Box 238
Santa Ana,CA 92702
Enclosed please find a Notice of Completion to be recorded and returned to the Office of the
City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA
92648.
Also enclosed is a copy of the Notice of Completion to conform and return In the enclosed self-
addressed,stamped envelope.
Sincerely,
Connie Brockway,CMC
City Clerk
rh
Enclosure: Notice of Completion—Pacific Striping—CC-1140—Citywide Installation of markers on arterial streets
g:ftcowupleashconVocnoSee4etter2002.doc
ITelephonr 71453M227)
SU , ity NOTICE OF COMPLETION
SUBMITTAL TO CITY CLERK'S OFFICE-D
ear CITY CLERK
CITY OF
t
lJUHT 1hGS 0!i B XIA.CA
Pease transmit this form with the NotIce of Completion to the City Clerk's Offire._..Q % N�4'.e:dh�Oty
Clark's Office has 10 days from the COMPLETION DATE of the Project to file the Notice for pe Ity Council
R(naludon No.2002-10 adopted February 19,2002).
To: Connie Brockway, City Clerk
x5404
: P �- 1R S e•�
A1. Name of Com anf 5
2. Contract Information:
A. CC No.: 1 l`#o
B. Date Project Awarded by Council: e./1 Flo f
C. CorrespondIng Agenda Item No.: C 3
3. Date of Completion:
k[s
Opp
L1�Eh7 /9W, 14=l .�d�r aY. 4� ��-�s' a"t M.
PLEASE INCLUDE:
Na-e[Extansion
Dal a sutftted to Gty qe-Va office
Attachment-molts of Comptstlon
DN
wTY OIL HUNTINGTON BEACo. °� v - � kJT°,
MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: PW 02-030
Council/Agency Meeting Held: ()3-19- 02
Deferred/Continued to:
Approved ❑ Conditionally Approved 1 ❑ Denied �:��Cit lens Signature
N.
Council Meeting Date: March 18, 2002 Department ID N m er: PV' 02-030
ti'
CITY Off III UNTINGTON BEACH , o 2-!7`- .
REQlt.DIEST FOR COUNCIL ACTION J co
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBEIRS
N) n
SUBMITTED BY: RAY SILVER, City Administrator w,,ej
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Revise Authorized Expenditure Amounts for Citywide Installation of
Pavement Markers on Arterial Streets, CC-1140.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Public Works Commission Review,
'Environmental Status,Attachment(s)
Statement of Issue: The contractor for the Citywide Installation of Reflective and Non-
reflective Pavement Markers on Arterial Streets, CC-1140, has incurred expenses exceeding
Council-authorized amounts. Additional funds are necessary to finalize the project.
Funding Source: Funds in the amount of$5,600 are budgeted in the HES Fund (Hazard
Elimination Safety grant), Arterial Highway Markers, Account No. 81490008.84400.
Recommended Action: Motion to:
Increase the contract amount to Pacific Striping for the Citywide Installation of Reflective and
Non-reflective Pavement Markers on Arterial Streets, CC-1140 amount by $5,600.
Alternative Action(s): Deny the recommended action and direct staff on how to proceed.
Analysis: On June 18, 2001, Council awarded a contract for the citywide installation of
reflective and non-reflective pavement markers (RPMs) on arterial streets to Pacific Striping.
Several factors, including the large scale of the project, difficulty in estimating the quantity of
markers and the addition of three street segments to the project caused the contractor to
incur expenses that exceed the $162,485 authorization for the contract and change orders by
$5,600. City Council approval is required to increase the authorized contract amount, which
includes change orders.
G:\R C A\2002\02-030 mar 18 kato CC1140 budget revision.doc -2�f
315/02 3:31 PM
QUEST FOR COUNCIL ACTI,1
MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER:PW 02-030
The $5,600 includes change orders for unanticipated mobilization costs and additional work
due to the addition of recently rehabilitated street segments on Springdale, Magnolia and
Brookhurst Streets. Because the RPMs were provided through a grant program, it was cost
effective to direct Pacific Striping to add the markers to the newly rehabilitated streets. The
Hazard Elimination Safety grant provided 100% of the cost to apply the RPMs citywide.
Public Works Commission Review: The Commission reviewed and recommended
approval of the project on June 21, 2000 by a 5-0-2.
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 15301 (c).
Attachments
161� illerlk's�j
PageNur�ber' Description
None
RCA Author: Kato:jm
GAR C X2002102-030 mar 1S kato CC1140 budget revision.doc 4-
3r7I0212:22 PM
�I
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Revise Expenditure Amounts for installation of Pavement
Markers on Arterial Streets, CC-1140.
COUNCIL MEETING DATE: March 18, 2002
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Si ned in full PZ the City Attom Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by Cify Attome Not Applicable
Certificates of Insurance (Approved by the City Attome Not Applicable
Financial Impact Statement Unbud et, over$5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report If a licable Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk rp
EXPLANATION FOR RETURN OF ITEM:
FICA Author. Kato
1 �
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 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
DATE:
TO: Pacific Striping, Inc. ATTENTION: Scott Fisher President
Name
P.O. Box 1691 DEPARTNIENT:
s•,rect
Whittier, CA 90609 _ REGARDING: Construction Contract
City,stale,Lp CC No. 1140
See Attached Action Agenda Item E-3 Date of Approval 6/18/01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remark:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds x Insurance 7-
RCA Deed Other
CC: R. Beardsley DPW x x x bonds
Name Deputmenl RCA A4eax,u Guuru><e oLher
D. Verone DPW x x x bonds
Name Department RCA Ageemew Insurance other
S. Freidenrich Treas. x bonds
Name Deputment RCA Apeenxnt Iruurance other
'Name Department RCA Aweement Insurance other
C. Mendoza Risk Mgmt. x x
Name Department RCA buwance
r
(Telephone:71 4-536-5227)
kw
FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND PACIFIC STRIPING, INC. FOR INSTALLATION
OF RAISED PAVEMENT MARKERS FOR VARIOUS
ARTERIAL STREETS IN THE CITY(CC 1140)
THIS AGREEMENT is made and entered into on this 18th day of
,Tune , 2001, by and between the CITY OF HUNTINGTON BEACH, a
Municipal Corporation of the State of California, hereinafter referred to as"CITY,"and PACIFIC
STRIPING, INC., 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 1-405 Multi-Jurisdictional Smart Corridor and Caltrans
District-12 Intertie Project in the City of Huntington Beach, California; and
CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish,at its own expense, all labor,plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary 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
01 agrm'pacific s1riVc.7110 01 IC
I
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 Builders 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;
01agree'pacilic stdpc17110,'01 2
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 One
Hundred Thirty Five Thousand Four Hundred Five Dollars ($135,405.00)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 ninety (90)working days from the execution of this Agreement by CITY, excluding delays
provided for herein.
01 agrWpaci Gc stripe7/10.'01 3
V
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 shalt 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
01a&rWP36r1C stripc/7110.'01 4
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.
B. 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
01aFrce'pacifc stripe,7/I0!01 5
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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 Govemment 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 them 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 Califomia 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
01agme'paciGc suipen!10.'01 6
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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 Califomia
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, socia! 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
alagrte.pacirc stripcnno:02 7
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
1t 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
oiaucepacirc stripcn,io;oi 8
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 fumished 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.
01agredpacific stripcMI0.'01 9
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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
012grcepacirc stripc/7;io o1 10
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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.
01agrcdpaciGc stripc(7/1 WO I 1 1
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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
01agreepaciric striper7.I0.'01 12
reimbursed by CONTRACTOR for all costs or attcrney fees incurred by CITY in enforcing this
obligation.
27. WORKERS COMPENSATION INSURANCE
Pursuant to Califomia Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease,each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
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 prod uctslcompleted 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
012grcdpaciric strip n,lo;01 13
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:
1. 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.
012gree'pacific striper-10101 14
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 tame 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.
01sgrcclp2drC striK'7I10.01 Z 5
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 Califomia Govemment 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 tabor 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.
01agrm pacific stripdVI0:O1 16
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
an 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).
01 agree pac 1 Pe stripe 7!10,01 17
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 of 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
01a"Ipacifc s1rirw,7naro1 18
CONTRACTOR shalt 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.
01agm'Qacirc 51ripentle.01 19
(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.
0128rWP2citic slripentI0:'01 20
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.
PACIFIC STRIPING INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
By: California
co Fisher, President
AND
Ma or
By:
W--
GregXshe'r, Secretary/Treasurer ATTEST:
REVIEWED AND APPROVED: doxz.
City Clerk
<.►..., s�.. rn
City Atfrninistrator APPROVED AS TO FORM:
I,,,�ity Attorney 1 1 IN PPROVED:0----,U
erector of Public Work
0 1 agree/paci fic stripe/7/10/01 21
FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND
PACIFIC STRIPING, INC.FOR INSTALLATION OF RAISED PAVEMENT MARKERS FOR VARIOUS ARTERIAL
STREETS IN THE CITY(CC 1140)
TABL-_OE F CONTENTS
Page No.
1. STATEMENT OF WORK;ACCEPTANCE OF RISK 1
2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2
3. COMPENSATION 3
4. COMMENCEMENT OF PROJECT 3
5. TIME.OF THE ESSENCE 4
6. CHANGES 4
7. NOTICE TO PROCEED 5
8. BONDS 5
9. WARRANTIES 6
10. CALIFORNIA FAIR EMPLOYMENT 5
11. CALIFORNIA PREVAILING WAGE LAW 6
12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6
13. CALIFORNIA EIGHT HOUR LAW 7
14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7
15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7
16. EMPLOYMENT APPRENTICES 7
17. PAYROLL RECORDS 8
18. INDEPENDENT CONTRACTOR 8
19. LIQUIDATED DAMAGESIDELAYS 8
20. DIFFERING SITE CONDITIONS 10
21. VARIATIONS IN ESTIMATED QUANTITIES 10
22. PROGRESS PAYMENTS 11
23. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 12
24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12
25. WAIVER OF CLAIMS 12
26. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12
27. WORKERS COMPENSATION INSURANCE 13
28. INSURANCE 13
29. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14
30. DEFAULT&TERMINATION 15
31. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS 15
32 NON-ASSIGNABILITY 15
33. CITY EMPLOYEES AND OFFICIALS 16
34. STOP NOTICES;RECOVERY OF ADMINISTRATIVE COSTS 16
35. NOTICES 16
36. CAPTIONS 16
37. FEDERAL PARTICIPATION 17
38. DAVIS-BACON ACT 17
39. DISCRIMINATION;MINORITIES,ALIENS 17
40. EQUAL EMPLOYMENT OPPORTUNITY 17
41. COPELAND'ANTI-KICKBACK'ACT 18
42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18
43. CLEAN AIR ACT AND FEDERAL WATER-POLLUTION CONTROL ACT 19
44. ENERGY CONSERVATION 20
45. HOUSING AND URBAN DEVELOPMENT 20
46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20
47. ATTORNEY FEES 20
48. ENTIRETY 21
1 r
. 7
SECTION C
PROPOSAL
for the
Citywide Installation of Reflective and Non-Reflective Markers on Arterial Streets
FEDERAL No. STI'LHG-5181(130)
CASH CONTRACT No. CC-1140
+ in the
•= CITY OF HUN"TINGTON 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 tl:e 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
PROJECT BID SCHEDULE
CC-1140
Item - Estimated- Item with atilt-priceeUnit Extended
N o. _Qua ity. 1. "ttealawords Price Amount .
1 12,000 Install Type A White Non-Reflective Markers'
each
@ D Dollars $ $�i Rf0$d✓
f:! L Y V-0 wz/L Cents
Per each
2 191,500 Install Type AY Yellow Non-Reflective Marken'
each v �'
@ 0 0 Dollars $ 3 $
qRa19!C- ✓ Cents
Per each
3 6,500 Install Type G One-Way Clear-Retroreflective Markers•
each
@ N 6 DolIars
Cents
Per each
4 39,500 Install Type D Two-way Yellow Retioeflective Markers'
each
@ r l6 / Dollars S $ 1-7
E2� Y Cents
Per each
5 1,100 Install Type H One-way Yellow Retroreflective Markers•
each „�-
@ N o Dollars S S'O $ '55,0 "
f-1 M bION'« `�~ Cents
Per each
Total Amount Bid in Figures: S 135 6S .11" ✓
Total Amount Bid in Words: 046 lkuNtl(Lti� • n w Y V1 e ew5gc5A-40
1 vw WO
* All markers are City Furnished to be installed complete by Contractor
C-2
If awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void.
Accompanying this proposal of bid,find 10 OetjD in the amount of S 10d j 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 Bid er's Signature
S 0
G3
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104,the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
By submission of this proposal,the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-4
l
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
being first duly sworn,deposes and says that he or she is
--- - of 47-�4tL�,V4' ,the party making the
foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed
f 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«71l
not pay fee to any corporation,partnership,company association,organization,bid depository,or
to any member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder
4�IL
Signa re f Bidder
Address of Bidder
Subscribed and sworn to before me this�^day of ,200 1 .
� '+�_'�; NMtry ARC^,--fn'•c"^,^
NOTARY PUBLI
NOTAR SEAL
C-5
UTILITY AGREEMENT
IIONORABLE 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 Citywide Installation of Reflective and Non-Reflective Markers on
Arterial Streets,(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 S,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.
VACA L..�sC
Contractor
<40\15ut-,
By Qj
Title
Date: G
C-6
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section I4310.5,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?
0 Yes 0
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
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code,and I will comply with such
provisions before commencing the performance of the work of this contract.
'P INC .
Contractor
By
Title
Date: dr)
s
C-a
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 421614217 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 1-8004224133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
By
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.SA.
during the course of the Work Additional forms may be obtained from the AGENCY
upon request.
G9
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
C
Bidder Name
T'O . goX 11oa
Business Address
City, State Zip
Telephone Number
4�5V(10 b-3Z
•State Contractor's License No. and Class
1151 ) m8c)
Original Date Issued
I1411ua2
Expiration Date
The work site was inspected by of our office on ,200j.
The following are persons,firms,and corporations having a principal interest in this proposal:
17PS(Af1L z�1w)Ncr.
1-f� Vl WaV, ¢AM2 5
C-I0
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise,to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Company Name
Sig of Bidder
Printed or Typed Signature
�t Subscribed and sNvorn to before me this_day of t� ,2001. _
7' :11%1 J
NOTARY PUBLI
NOTAR SEAL
Listed below are the names,address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
I• UW CC- 't"�wtEC,uy�r
Name and Address of Public Agency
Name and Telephone No.of Project Manager: 'F?-KQ gl� 110'1
I G61Oa a ��u�lC�, ]ri. to ion
Contract Amount Type of Work Date Completed
2.
Name and Address of Public Agency
Name and Telephone No. of Project Manager: IR-►Gj� 1*ku5Ar q&q �-
';elme vw
• Contract Amount Type of Work Date Completed
3.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:_6Ay6T-JJr _ MDUi "l 14- SZ3 —Z14
20 420
Contract Amount Type of Work Date Completed
C-I I
t
Jow
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
Pacific Striping,Inc.
as Principal, hereinafter called the Principal, and
Indemnity Company of California
a corporation duly organized under the laws of the State of California
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach
as Obligee, hereinafter called the Obligee, in the sum of
Ten Percent of Amount Bid----------------------------------------------------------------- Dollars($ --10%------------- ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
City-Wide Reflective/Non Reflective Markers
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 3rd day of May 2001
Pacific Striping,Inc. _
I (Principal) (Seal)
(Witness) TUC-,) .
(Title)
Indemnity CompampiliEpCaliforrilid
(seal)
(Witness) 1AV OA ' Mwt.;'k w�uy
(Title)
Nancy Lutl:Uacher, Attorney-in-Fact
AIA DOCUMENT A310•BID BOND.AIA tED. FEBRUARY 1970•THE AMERICAN
INSTITUTE OF ARCHITECTS,1735 N.Y,AVE.,N.W.,WASHINGTON,D.C.20006 1
r
POWER OFATTORNEY FOR
• DEVELOPERS SURETY AND INDEMNITY COMPAN V
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725•IRVINE.CA 9.623•(949)263-3300
KNOW ALL NIEN BY THESE.PRESENTS,that except as expressly limited,DI;VELOPI:RS SURETY AND INDI:M`ITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA.do each severally,but not jointly,hereby make,constilute and appoint:
***NANCY LUTTENBACHER, JOHN HOPKINS, DONALD POLLARD, JOANEE BECK,
MICHELE FRIEDMAN, JOINTLY OR SEVERALLY ..
as the Imo and lawful Auomcy(s)-in-Fact,to make.execute,deliver and acknou ledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts
r+f suretyship giving and granting unto said Anomey(s)•in-Fact full power and authority to do and to perform every act necessary, requisite or Proper to be done in
connection thewh ith&s each of said corporations could do,but reserving to each of said corlxuations full power of sul+stitutikm and revoeation,and all of dw acts of said
Attomcyl s)-in-Fact,pursuant to these presents,are hcrcby ratified and confirmed.
This Powcr of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective hoard of Directors of
DEVELOPERS SURETYAND INDEMNITY COMPANY and INDENINITYCOMPANY OF CALIFORNIA,ctT,xtiec a-of November 1,21t00:
RESOLVED,that the Chairman of the Board.the President and any Mice President of the corporation be,and that each of them hereby is,authorized to execute Pou ors of
Attorney.qualifying the auomcyts)named in the powers of Attorney to execute,on behalf of the corporations,bond+,undertakings and contract.,of suretyship;and that the
Sivretary cr any Assistant Secretary of the corporations bc,and each of thrnt hereby is,authorized to aucst the execution of any such Pow cr ofAuomey:
RESOLVED,FURTHER.ER.that the signatures of such ollicers may be a(lixcd to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Powcr of A(tomey or certificate bearing such facsimile signatures shall be valid and bindirg upon the corporation when so affixed and in the future with respect to any bond.
undcrtaki-tg or contract of suretyship w which it is attached.
IN WITNESS WHERIFOF, DEVELOPERS SURETY AND INDEMNITY CONIMNY and INDEMNITY COMPANY OF CALIFORNIA have severally catscd these
presents to be signed by their respective Executive%ice President and auested by their respective Secretary this SIN day of November.2000.
,IluMll,y
oe C:�
13Y..David It.Rhodes,Executive Vice PresidentOP Or�q
Gi}VO T�; y*c G t
=a; SEAL -,- o z ,ssi icy °
llv: X4o}{ 1936o y
NNaltct A.Crowell, Secretary �O /Ow1+ �aarr c4t1FpFt�P
�p"NI..*InN'��••
STATE OI CALIFORNIA )
)SS.
COUNTY OF ORANGE }
On November S,20M.before me.Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,Personally known to me(or proved to me on lh:basis of
satisfactory evidence)to be the persons chose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signature-s on the instrument the entity upon behalf of which the persons acted,executed the instrument.
NVITNES';my hand and official seal.
1
. / . 1 1 D"P a KAWATA
COMM.•t a
�' NCJTPUEUC-CAL*DIi
'iA
ORANGE COLOMSignature r�1 fifeC4m►Lv-Jn4Z= l
CERTIFICATE
The und:rsigned,a,Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMP:INY and INDEMNITY COMPANY OF CALIFORNIA. does
hereby certify that the foregoing Powcr of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of th,respective
N)ards of Directors of said corporations set fonh in the Powcr of Attorney,arc in force as of the date of this Certificate.
This Ccniticatc is executed in the City of Irvine.California,the 3 day of May 2001
(;v '
David G.Lane.Chief Operating Ofliccr
ID-13x0(11r00)
y'
STATE OF California
COUNTY OF Butte
On May 3,2001 ,before me, B.Beeny, Notary Public
PERSONALLY APPEARED Nancy Luttenbacher
personally known to me(or proved to me on the basis of
satisfactory evidence)to be the persons)whose namc(s)
L;/we subscribed to the within instrument and acknowl-
edged to me that#e<sherr wy executed the same in-hW
herAtteir-authori zed capacity(ies), and that by hi4hcri
tlre4 signature( on the instrument the person(,or the B. BFENY
entity upon behalf of which the person( acted,executed COMM.!1236D68
the Instrument. 1IMAAYPt)SIX-0llFOR?t!A
d , COUNTY OF BUTTE ca
Comm.Expires Ott 11.2003
WITNESS my!rand and official seat.
Signature Thu ar a fi-r Ojr)Glal Nolcarlal Seal
•F OPTIONAL
Though the data below is not requi-ed by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
Bid Bond
CORPORATE OFFICER
_Pacific Striping,Inc.
TITLE OR TYPE OF DOCUMENT
MUM
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
EJ TRUSTEE(S)
CI GUARDIANICONSERVATOR
❑ OTHER: May 3,2001 -
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
W.%tE OF PERSONS)OR ERWYVES)
Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE
ID-08I Rev_6M ALL-PURPOSE ACKNOWLEDGEMENT
MAY--04-2001 15:15 HUNTINGTON BEACH 714 374 1573 P.01i01
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
Tel. (714) 636-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
CM WIDE_INSTALLATION DF.13EF ,E TIME AND -
$WELF_CTIME MARKERS ON ARTERIAL�STRI=�T�
CC- 1140
May 3,2001
Notice To All Bidders:
Please note the following revisions/clarifications to the Project Plans, Specifications and Technical
Provisions:
1. Section 310.5, page E-24, Removal of Traffic SVlpes Ppvom*nt MarklM, and RalsQ{!
Pavement Markers: This project does not require the removal of any existing striping,
markings or markers prior to the installation of raised pavement markers. Markers
will be placed directly on top of striping or adjacent to any existing markers.
2. Sectlan 310-6, page E-23, Pavement Delinea -Standard s: All references to `epoxy"
shall be changed to"bituminous"adhesive,
3. Section 310-5, page E 25,Pavement DQlneation Standards: All non-reflective markers
supplied by the City will be plasi lc, not ceramic.
This modification does not change the Engineer's Estimate for this project,
This is to acknowledge receipt and review of Addendum Number one, dated May 1, 2001.
a(A06, 6fyl y l nl�2 t 0 , <*1 A711"N
Com an PJame By
Date
All bidders must acknowledge the recelpt of this Addendum with your bld proposal.
Should you have any questions regarding this Addendum, please call Bob Stachelski at (714) 375-
5086.
TOTPL P.01
Local M513tance Procrdures Manual E\H1it1 r I2-E
MUE Checklist Instructions A"achntent L
s
i
LOCAL AGENCY BIDDER-DBE INFORMATION
This intormalion-mav be subtililttd tirith�t+ur hid proposal. II'it is not.and �++u are the apparent low
bidder or the second or third tort• bidder. it must be submitted and roxived by the administering agcn,:y no
later than the times ecitied in tht.,«ial rrti:i�uts.
CO. RTEJP.161.: BIDDER'S NAME:
l:mtmo WL -- ups ua-rcnas ?Pun,!P+f, �ffh lgc
COVTRACT NO.: ADDRESS:
BID AMOUNT: i; �G 410WI-L — --
S
BIT)OPENINZ DATE: DBE GOAL FROM CONTRACT 1 O °•u
ITLM OF WORK AND NAML OF DBE •• DOLLAR PERCENT
C0%,TRACT DESCRIPTION OF WORK OR (Nimeof Ms.Certitication Number. A%IOL;\T ••• E
ITEM NO. SLRVICES TO BE and Trfv-Fhun,:Number) ••• DBE
SUBCONTRACTED OR MATERIALS DBE
TO BE PROVIDED '
i — � �ilrl�tinSouS pcDI�51,1� ACP�X u�► �L 1ZISOo.'� �4'e
GT — O�d'�o25 EX,' bla
SGZ�— 6'44— 88-18
Total Claimed s1Lt Sop 5wll)
Participation % o gb
• If It1{r',of IILm ti not ru be perfurmcd or furnta;ed by U15L.dommbe exact portion.including planned tocatton of murk to
be Nrfurmed.of item to be rvrfurmrd or furm.hcd by DUE
'• DUU must be Certified be Caltranx on the J.tte F&J,are Opened. Subcuntrwtors and;upr1wrt cenilicJ state•runded only
cannot be wed to meet guar on federally funded;ontracts.
C K1111 for a DUE supplier.who is not a manufattutcr is limited to htl".of the amount paid to the stmplicr. f5ee Section
'Dt,�advaniaccd Llutinct,'IDBEI urthe%Pccial pro•isiona)
IMPORTANT: Names of DOE subcontractors and their respective item(s) or work listed above
should be consistent with the name and items of work in the "List of Subcontractors"
submitted with sour h1dj2ursuant to the Subcontractors L sting Lats.
St_, at c of Bjdder ate (Area Cede)tel. No.
Person to Contact IPlease type or print)
(h.inhuteill fair%I IS Prwjcllb• I f Original-Carmine M.AF.Gar MIS Pr+yctit..t_)CiKiy.Luwal Agvwy jmgtvi file
lh.inhwimmi I:a n..w.\I V; I I)Original Liwal Agerwy I ILM fife
jWrr.oVTR.%.%%ri)RTATIO% IFFI)VIiFI t1rH MED lX'-Ilt:.1v tttrV Ir.im-9S)
Page 12-99
Fchruary 1.199M
Becky Urquijo
ACORD CERTIFICl WE OF LIABILITY INSUI:.r.ACE 171301/2001fm
PROOOCEF; (310) 791-5066
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ISU Kiger and Associates { IL /�►� HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
24445 Hawthorne Boulevard VV ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Second Floor fA 600.,5) INSURERS AFFORDING COVERAGE
Torrance CA 90505-
INSURED Pacific Striping Irc. INSURERA Zurich Insurance Company
INSURER B
PO Box 1691 INSURERC:
INSURER 0:
Whittier CA 90609— INSURERS
COVERAGES
THE PCLICIES 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 DOCULIENT WITH RESPECT TO VIHICH 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTRR�� TYPE OF INSURANCE POLICY NUMBER LTCYEFFECME LICY EXPIR,6TTO
DATErMWDDIYYI DATE(MF&DD6YVI LIMITS
GENEAALLIABILTIY EACH OCCURRENCE S 1000000
A X COMMERCIAL GENERAL LIABILITY SCP037531697 2/1/2001 2/1/2002 FIRE DAMAGE Voyo4Am) S 100000
CLAIMS MADE rxi OCCUR MID EXP(Any one Person) $ 5000
PERSONAL i ADV INJURY S 1000000
GENERAL AGGREGATE S 2000000
GENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG f 2000000
POLICY I A I JFCT X LOC
AUTCMOBtLE UML1TY
A X ANY AUTO SCP037531697 2/1/2001 2/1/2002 (ESSC aenISNctELIMrr $
1000000
ALL OWNED AUTOS BODILY INJURY
ECHEIxILED AUTOS
(Pet wicn) :
X HIRED AUTOS BODILY INJURY
X 1`13N-0WNEDAVTOS
(Perscaoent) S
PROPERTY DAMAGE S
(PerscpeenU
[7133E LIABILRY �r IrO0 e AUTO ONLY-EA ACCIDENT S
VYAUTO �[+� �ax itY jkttc 0Y OTHER THAN EA ACC s
A� It, 17 G'1IL . ttoTI1 AUTO ONLY: AGG S
EXCF:3LIABILITY 'Byt i ' EACH OCCURRENCE S
C+MCUR CLAIMS MADE n ' 1 AGGREGATE S
E SDUCTIBLE l �., ■_�_� �I v, f
FLTENTION S
WORKERSCOFUPENSATION AND TORV L1Ai�TI ER
EMPLOYERS,LIABILITY
E.L.EACH ACCIDENT =
E.L.DISEASE-EA EMPLOYEE S
E.L.DISEASE-POLICY LIMIT S
OTNEII
RESCRrPTIO11 OF OPERATIONSLOCATIONS VEwCLESEXCLUSIONS ADDED BY ENDORSEMENT,SPECIAL PROVISIONS
The City of Huntington Beach,its Agents,Employees and Officers are named as Additional Irsured per attached endorsement.
Re:Paverwrit Markers;CC 1140 Construction Contract
10 Day ncrice will apply W non payment of premium.-
CERTIFICATE HOLDER I X I ADDITIONAL INSURED:INSURER LETTER: CANCELLATION
wicu-a ,i c I ,v A;, c.,
City of Huntington Beach h ISSUirdo� ++Y+►ril x txmai',30 days wrctennDGcetbmeoarc�ricateholder
namwid to ft-
2000 Main Street _ ----
AUTHORiZI:D REPRESENTATIVE
Huntington Beach CA 92648
ACORD 2 S-S(7197) c ACORD C5RPO N i988
PACIFIC STRIPING ENIC. C rvl k
POLICY#SCP037531697 COMMERCIAL GENERAL LIABILITY V�1�
�A
THIS ENDORSEMENT CHANCES THE POLICY.PLEASE READ IT CAREFULLY
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under thz following:
Name of Person or Organization:
THE CITY OF HUNTINGTON BEACH,ITS AGENTS,EIMPLOYEES AND OFFICERS
RE: PAVEMENT MARKERS;CC 1140 CONSTRUCTION CONTRACT
(If no entry appears above,Information required to complete this endorsement will be shown in the Declaration
applicable to this endorsement.)
WHO IS AN INSURED(Section II)Is amended to include as an insured the person or organization shown in the
Schedule,but only with respect to liability arising out of "your work"for that insured by or for you
IT IS AGREED THAT SUCH INSURANCE IS AFFORDED BY THIS POLICY FOR THE BENEFIT
OF THE ADDITIONAL INSURED SHALL BE PRIMARY AS RESPECTS ANY CLAIM,LOSS OR
LIABILITI'ARISING OUT OF THE SUBCONTRACTORS OPERATIONS OR BY ITS
INDEPENDENT CONTRACTORS A.ND A.NY OTHER INSURANCE MAINTAINED BY THE ABOVE
REFERENCED ADDITIONAL INSUREDS SHALL BE NON-CONTRIBUTORY MT1I THE
INSURANCE PROVIDED HEREUNDER.
SIGNED BY:
(insurance Carrier Representative)
tottler
ltit e51
��tY J ttorn
G Ds u
CG 20 10 11 85 Copyright,Insurance Services Office,Inc. 1984
-ICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 co I ek
COMPENSATION wcl
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FA 6 Ca51
JULY 27, 2001 GROUP:
POLICY NUMBER: 1168438-2001
CERTIFICATE ID: 16
CERTIFICATE EXPIRES: 05-01-2002
05-01-2001/05-01-2002
CITY OF HUNTINGTON BEACH
DEPT. OF PUBLIC WORKS
2000 MAIN ST
HUNTINGTON BEACH CA 92648
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the
policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies
described herein is subject to all the terms,exclusions,and conditions,of such policies.
' 1
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2001 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
�s Itoc
EMPLOYER
PACIFIC STRIPING, INC.
PO BOX 1691
WHITTIER CA 90609
SCIF 10265 [EPF-UI:GV]
`J POWER OFATTORNEY FOR
DEVELOPERS SURETYAND 1NDEAiNITYCOMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE.CA 9_633•(949)263-3300
KNOW AL�,MEN BY THESE PRESENTS,that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFOR.N1A,do each severally,but not jointly,hereby make,constitute and appoint:
"*NANCY LUTTENBACHER, JOHN HOPKINS, DONALD POLLARD, JOANEE BECK,
MICHELE FRIEDMAN,JOINTLY OR SEVERALLY"`
as the true and lawful Attotncy(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds.undertakings and contracts
or suretysh 3 giving and granting unto said Attornc}•(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper toi be done in
connection therewith as each of said corporations could do,but rcscrming to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorrucy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power or Attorney is granted and is signed by facsimile under and by authority of the following rccolui ions adopted by the respective Board of Directors of
DEVELOK RS SURETY AND INDEMNITY COMPANY and INDEMNITY COtIpANY OF CALIFORNIA,effective as of Novcmbcr 1.21000:
RESOLVED,that the Chairman of the Board,the President and any k ice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attortcy(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of trurctyship: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 Attomcy or to any cenificatc relating thereto by facsimile,and any such
Power ofAnorncy or ccrti ficate bcarirg such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking•r contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally calked these
presents to to signed by their respecli-ie Executive Vice President and attested by their respective Secretary this 81"day of November•2000.
r
By: SV SAND!~' OPAhY
David}I Rhodes,Executive Vice President 40,
o Pa F � ;G pPPO��C.
#UA SEAL {+ ocr.s
Ise? M
to 1936 0 7
t
By.WallcrA.Crowell, Secretary X /OWP rya C,!lp0pN'
rryNrnr•*NNN�
STATE OF CALIFORTIIA )
)SS.
COUNTY 01'ORANGE )
On Novembc-r 8.2000,before me.Diane J.Kauam.pc rsonally appeared David H.Rhodes and Walter A.Crow ell,personally known to me for proved to me on the basis of
satisfactory evidence)to b.-the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,at I that by their signatures on th;instrument the entity upon behalf of w hich the persons acted,executed the instrument.
WITNESS rry hand and official seal.
DKNE d Kok*ATA
l�l.�'� ACOMM.■11d7BnE
�OATA--ti IIO'JJrTFWLrC-CklWAi.'9A E
Signature o Q WdGE DOWN
c«„n►tom.uti a xxz
CERTIFICATE
The undemi ncd.as Chicf Operating Offic:r of Dl k'ELOI'ERS SURETY AND INDEMNITY COMPANY and INDEMNITY CONIP.4\Y OF CALIFORNIA, does
hereby certify that the foregoing Power of Attomcy remains in full force and has not been revoked,and furlhcrmorc,that the pro%isions of the rc�olutions of the respective
Board.of DilOctors of said curporationc set forth in the Power omtorncy.are in force as of the date of this Certificate.
Thi,Ccnific.1c is executed in the City of Irvine.California,the 31 lL day of July
David G.I__anc.Chief Operating 011iccr
ID-13F00 1 V01
STATE OF California
COUN-rY OF Butte
on July 31, 2001 - ,before me, B•Beeny, Notary Public
PERSONALLY APPEARED Donald Pollard
personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose harne(s)
is/are subscribed to the within instrument and acknowl-
edged to the that he/she/they executed the same in his/
herd authorized capacity(ks), and that by his/her
t#emif signature(s)on the instrument the person(s).or the
entity upon behalf of which the person(r)acted.executed
the instrument.
WITNIESS my hand and official seal.
Signature "is ariafor Official x0gar{at Seal
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Final Bond
❑ CORPORATE OFFICER
Pacific StTi in ,Inc.
TITLE OR TYPE OF DOCUMENT
Tnuis)
❑ PARTNER(S) ❑ LiMrrrm
❑ GENERAL
® ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: July 31,2001
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME tlf PERSON(S)OR ENTITYOES)
Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE
ID-09I Rev.419r. ALL-PURPOSE ACKNOWLEDGEMENT
kjG-to-2QD1 m es FRDM` _ T0:714 374 1573 P.Wl,ezi
1
post-W Fax Note 7671
-naR AM
COAMPLQ
PhOnO 4 F°1lprtii
I-.z. 7 Fax f P gEMTICNS
341 THE CITY tPVZ
P. O. 1900C 14171
s 1 RANG OEt I=, CA 92613-1571
CLERK OF "F SLPF410SI COURT
pl'CZ OF PAM
AUGUST 10,2001
I ALM SL71TMi, E=WTWE WnCER RAID CLERK CF TfM IA No FM
TIM COON= (P CPANM, S= OF CJILIP IMM, DO EMT= C M17n TM I AM TIE
CFFZCIAL CXV=IAN CP TEM RE03M OF = S"FAICR , cxxmq= OP CAiA9GE*
SPATE cw C%I.1p'cFwrlll.
I to Pt R C23tTUY TgAT A OBE LIST OF ALL II�t i$ ADKrr Ea TO 2RANSA=
SZIRF.J.7C ZMORANC E 7H THIS ==s AS CE>ZT'IFIfa TO TSIS IWAFMMM BY = IlL
is ON rnp -M MUS Wl Ce. INDEMNITY COMPANY OF CALIFORNIA
Is Qi Tm LLB AS cm CF TEm ncER RS AMa!'= TO MMMM Slimy III M= IH
TIM STATE Cp CALUXIU7A.
311 WrnZSS SOMRMWe I 13WVE ED S>Cr tit MM AM APP3= TSE ML CF TEE
-'LkT7" I U�Xa CP TIM sr = CF CALMMMM IN A10 PCR a❑CMT Cr art3l=.
ALAN SLATER, EXOMITVZ tpncm
Ana aEc aF "m SapERus .
OF TSE srATE CP mLn;cRNYA
na AHD nzt TaE aim' y og CRANGE
By !� , _
JQ G.SHACK LFORD
R-mAtIK-1m, POW
ATA " 1 ► Pod
Council/Agency Meeting Held: _ ?D �'�•
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑Denied
City �Ie=;s-Signature
Council Meeting Date: June 18, 2001 Department ID Number: PW 01-078
CITY OF HUNTINGTON BEACH'
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM2ndNon-
Reflective
SUBMITTED BY: RAY SILVER, City Administrator elY
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work
SUBJECT: Award Contract for Citywide Installation of Reflecti Pavement Markers on Arterial Streets -e 64P f NO
Statement of Issue.Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On May 8, 2001, the City Clerk received and opened bids for the
proposed citywide installation of reflective and non-reflective pavement markers on arterial
streets. The project is now ready to award.
Funding Source: Funds in the amount,of $500,000 are budgeted in Hazard Elimination
Safety (HES) grant, Arterial Highway Markers, Account No. 81490008.84400.
Recommended Action: Motion to:
1. Accept the low bid submitted by Pacific Striping for the proposed Citywide Installation of
Reflective and Non-reflective Pavement Markers on Arterial Streets project and authorize
the Mayor and City Clerk to execute the contract; and,
2. Authorize the Director of Public Works to expend up to $500,000 for the project, including
$135,405 for the contract, $27,080 for change orders, and $337,515 for materials and
supplementals.
Alternative Action(s): Reject all bids and direct staff to pursue alternative action.
REQUEST FOR COUNCIL ACI, oN
MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER:PW 01-078
Analysis: On July 17, 2000, the Council approved the plans and specifications for the
citywide installation of reflective and non-reflective pavement markers on arterial streets.
The sample construction contract was also approved subject to award of contract to Council
approved lowest responsible/responsive bidder.
Bids, as summarized below, were received and opened by the City Clerk on May 8, 2001.
Contractor Bid Amount Ranking
Pacific Striping $135,405.00 1
Chrisp Company $141,323.00 2
J. & S. Sign Company $144,429.00 3
Safety Striping Service $198.784.00 4
Traffic Operations Inc. $201,890.00 5
Works Striping & Markings Service $232.950.00 6
P.C.I. $258,630.00 7
Staff has reviewed the bid documents submitted by Pacific Striping, checked references and
recommends the City Council find that Pacific Striping is the lowest responsiblelresponsive
bidder. Pacific Striping's bid is less than the engineer's estimate of$140,000. An increase in
the change order amount from the standard 10% to 20% is requested per Resolution No.
4896.
Materials for the project will be purchased by the City through the approved process. This
method provides a cost savings and also ensures product that is consistent and compatible
with existing equipment. Compatiblity is essential for maintenance purposes.
Public Works Commission Review: The Commission reviewed and recommended
approval of the project on June 21, 2000 by a 5-0 vote (2 absent).
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 15301 (c).
Attachment(s):
None
KCA Author. Bob Stachelski
G.W C A12001101-078 June 18 Stachelski Pavement Markers.doc
01-0T8.June 18 Stachetski Pavement Markers -2- 617101 10.11 AM
1%.J
RCA ROUTINGSi4HEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: Award Contract for Citywide Installation of Reflective and
Non-Reflective Pavement Markers on Arterial Streets
COUNCIL MEETING DATE: I June 18, 2001
RCA ATTACHMENTS STATUS
Ordinance wlexhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & le islative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable,
licable
Contract/Agreement (wlexhibits if applicable)
Si ned in full bX the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the Cit Attome Not Applicable
Financial Impact Statement Unbud et, over $5,000 NotApplicable
Bonds If applicable) Not Applicable
Staff Report ff a licable Not Applicable
Commission, Board or Committee Report If a licable - Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial 490
r2Lty Clerk
EXPLANATION FOR RETURN OF ITEM:
v 7t: 3
I I (Below Space For City Clerk's Use Only)I I
FICA Author. Bob StaChelskl
CITY OF HUNTINGTON BEACH Rts No. zoos-o9�"
REQUEST FOR LEGAL SERVICES Assn To L
Gail Hutton, City Attorney Date $ o
Date: Request made by: Telephone: Department:
8/14/2001 DAVID VERONE 375-8471 PUBLIC WORKS
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ❑ Opinion ❑ Stop Notice
❑ Resolution ❑ Lease Bond
❑ Meeting ® Contract/Agreement F Deed
❑ Court Appearance ® Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes No
Are exhibits attached? ® Yes ❑ No
Unless otherwise specified herein, I
If not for Council action, consent to the disclosure of the
If for City Council action, desired completion date: Informatio contained in this RLS to all
krr !the City Council.
Agenda Deadline .61/7'
Council Meeting gnature of Department Head
COMMENTS
Please review and approve"As to Form'the following contract documents famished by Pacific Striping, Inc.
contractor for the installation of the Raised Pavement Markers for Various Arterial Streets in the City. Project CC 1140
1. Payment Bond#877386P
N
2. Performance Bond#877386P EEC-)
3. Certificate of insurance
4. Certificate of Fact car c
5. Ag•eement-for signature only(with attachment A) ate❑ �"
p A rr:
REFEPENCE R.L.S.#2001-0495 v D �?
� N
Routing: ❑ GCH 113 PDA 1 ❑ LB LO SL I ❑ JF 13 ADL ❑ SF ❑ JM ❑
This Request for Legal Services has been assigned to attorney ,
extension His/her secretary is , extension
Notes: File Name: Date Completed:
WP No.:
❑ Shaded areas for City Attorney's Office use only.
COPIES TO: �..J
Front Desk Engineer City Clerk
CITYIYIDE INSTALLATION OF
REFLECTIVE AND 11 ON REFLECTIVE
MARKERS
CC - 1140
Bid Date MAY S, 2001 @ 2PM
(Engineer's Estimate: $140,000)
BID LIST
BIDDER'S NAME RANK TOTAL BID
AMOUNT
1. CHRISP COMPANY 2 � 00
J. &. S. SIGN COMPANY 3 00
3. ORANGE CO STRIPING SERVICES
4. PACIFIC STRIPING 135' �05. 00
ri P. C. I. 258, 63 0,00
6 SAFETY STRIPING SERVICE y 4
�. STERNDAHL ENTERPRISES, INC. $
S. TRAFFIC OPERATIONS INC. CJ w �01 a90. W
9. WORKS STRIPING & 1AARIiINGS SVC. � $ 232- IC50 00
10. $
�i. $
12.
PROOF OF PUBLICATION
STATE OF CALIFORNIA) .
) SS.
County of Orange )
G enforced.—Any contract
NOTICE INVITIN maximum period of 60
i t m this a Citizen of the United States and a SEALED slDs °'tared into pursuant b day
notice will i- BY ORDER of the
for the oarporote the pr0v S ,S CITY COUNCIL of me
I resident of the County aforesaid; am CI rlde 1nlZiettlm o' the Federal Labor MT! OF HUNTINGTON
S andards, wlh ch are on,
p Ra�pCtiva and k.a at the OVica of Cie I BEACH. CALIFORN+4:.
over the age of eighteen years, and not a Non-Reflective D 01 P%A y!� 120 ntn day or rty
party to or interested in the below "''"`s1.�t,�"{'' 2J0° '`"a'" Street, "`x"'���t-
Int;ton Beach, CA
,CoartleFEDE Brocica,ay
entitled matter. I am a principal clerk of STPLHGRS BAL 1(136)0. g�the BAGENCY will de- CM CLERK T
CASH COWRACT d.rct a lo% retention 14kWT'MGT01t BEACH
the HUNTINGTON BEACH INDEPENDENT, a No. 1140 from all progress pay Published Huntington
newspaper of general circulation, printed �� menu. Contractor �a Fe in Valley
may substitute an Independent Apnl 12,
eyCrow ho1]er surety of 19, 26. 2001
and published in the City of Huntington -- djn value to the reran tutss�
Beach County of Orange State of HtJI�rf1+IGTo�! to r iswsoaccordarV with BEACH Ca provisans of the Cal•
1 iiOm'a Government
PUBLIC NOTICE IS• 590.4
California, and that attached Notice is a HEREBY GIVEN that The Car„Code. Section mcor lt, ,
the CITON E HUNT- bgnelrWl owner ct 1he
be
AGENC
true and complete copy as was printed BEACH, as
AGENCY. kivitas eaalad sueety and stun receive
and published in the Huntington Beach above Stated a ntAGE thereon.
pro?eM and will receive' Tfre AGENCY. hereby
and Fountain Va11ey issues of said such"�1e� end aal mi omely ensures
the City Val mses businessat-
Floor, 2000 Main StroK e4terpnses will be so
newspaper to wit the tssue(s) of: Huntington Beach, Ca'!-� Sz�bids in response
forma 92648. up to to tr this notice and will not
hour of 2 p-m.on May 6, b d%scr+mrnated agamst
April 12 r 2001 1open in the�„� on r. basis of race,
Chambers unless eft., Color, national origin,
wise aricestry, sex, or religion
April 19, 2001 In any consideration
Copies of the Pans. leg to the award of
Specrrrcations, and Carr contract.
April 26 2001 tract documents are
p available from Cie Once silar d'dunless l e
it Is
Of the Director of Put i;, prepared on the ap-
Works. 2000 Main raved Proposal forms
Street. Huniington conforman�0 with the
Beach. CA 92Bsr8'�upon In;l%cbons to &riders.
R declare, under penalty of perjury, that nonrefundableat01'9'�*5.fee 00 The bid a'ust be ec-
ed
the foregoing is true and correct. �� .�� t of ctock,CCmpaired by a cCheck.
r � Check, CBShier'! Check.
-00
lee rt nrailod or bidder's bond made
This Is a Davis-Bacon payable to AGENCY
act and the Fedora' for an amoutinn t no less
�f Ci.-in 10G of Cie amount
Regulations will_.be birl. The success" bid-
Executed on _April_ 26 , 2001 , der shalt be wed In
at Costa Mesa California. cordance with
� a prorrisions OI the Busi-
ness and Prolessions
CC de and snarl possess
a Stale Contractor's
Lkense Class at the
time of Cie bid opening.
The successli Contrac-
tor and h.s subcon-
tractors will be required
- to possess business
licenses from the
AGENCY.
i -The AGENCY re-
Signature to rejea
�or�biM to wwvs
any ulaffty and to
itake al bids under
advisement for a ,
NOTICE 1NVITINf1 for -at amount no less
SEALED BIDS , "n 10°:of the Amount
for the bid. The successful bid-
Citywide Installation der Fall be boensed In
of RetleCtive effd accordance with
provisions of the
Non•Reflective odiOns
Markers on AfWWI c and Professions
Coda And steatl possess
Streets a Sate Contractors
FEDERAL No. Licence Class at the
STPLHG-S161(130) time all the bid wing
CASH CONTRACT Tine eases U' Can""
1140 tot and his subcon-
I. the mom w� �
be r �
to possess business
CITY OF licenses from the
HUNTINGTON AGENCY.
BEACH The AGENCY to-
PUBLIC NOTICE IS selves fhe nghl 10 M*d
HEREBY GIVEN that any or all bids, to waive
the CITY OF HUNT- any irregula-ity and to
11NGTON BEACH, as take all tidS under!
AGENCY, krvites seated advisement for a
bids for the above stated maximum poriod of 60
projects and will receive da}Y' ORDER of the
such bids In the office of B
the City Clerk. Second CITY COUNCIL of the
Floor, 2000 Main Street, CITY CF HUNTINGTON
Huntington Beach. Call- BEACH. CALIFORNIA..
bmia 92648. up 16 the the 17th d3y of July;
hour of 2 p.m.on May a. 20C-0
2001. Bids will be pub- Attest:
Y n In the Council Connle Brockway,
Chia open
unless ofher- CRY CLERK OF THE _
wrise �. CfTY OF
Copies of the Plans. HU4TMTON BEACH
Sys, enid con- Published Huntington
tract documents are Benc9-Fountain Valley
available hom the office Indspendent April 12,
of the Dinlctof of public 19. 28.2001
Works, 2000 Main 042-662
Street, Huntington
'Beach. CA 92W. upon
payment of a $25.00
nonrefundable fee if
picked tip.or payment of
a $35.00 nonrellundabie
fee It mailed.
This Is a Davis-Bacon
project and the Federal,
Regulations will be
,enforced. Any Contract
entered into pursuant 10
this notice will In.
corporate the provisions
:of .the Federal Labor
'Standards,which are on
file at the Office of the
Director of Public Works.
2000 Main Street. Hunn-
Ington Beach, CA
9264e.
The AGENCY will de-
duct a 10% retention
from all progress pay-
ments. The Contractor
may substitute an
escrow holder surety of
equal value to the fallen-'
bon in accordance with
Cie provisions of the Cal.
Ifornia Government
twn 4590.
The Cor*nm*r shag be
beneficial owner of the
Surety and shall receive
airy interest thereon.
The AGENCY hereby
allirmatively ensures
that minonty business
enterprises will be al.
forded full opportunely b
stibmrt bids n response
to this notice and will not
be discnminatild against
on the basis of race,
.color, nali0nal origin,
ion
�terry. Seon consideration
leading to the award of
ContraC1.
No bid shall be carn-
aidered unless 11 is
Prepared on the ap-
proyed Proposal
6r conformanae a
- Insfru[6ons to Bidders.
The bid must be ac.
I
compkanredsby 8hiers CeertifieCheck,
or bidders bond made
ayable to the AGENCY
I �de endeht
HL�L�G7V�6E 1CIiWOA%VMM•9,M IEXII
CLIENT REFERENCE
'REFERENCE Col—L4Z
DEAR ADVERTISER,
ENCLOSED PLEASE FIND A CUPPING OF YOUR AD FROM THE FIRST
PUBLICATION, BEGINNING. . 11—/L—Ol
IF YOU NEED TO MAKE ANY CHANGES OR CORRECTIONS, PLEASE CALL ME AT
YOUR EARLIEST CONVENIENCE.
THE COST OF THIS PUBLICATION WILL BE$ �J
THANKS FOR YOUR COOPERATION AND PATRONAGE.
CERELY
U Y O NG
NAGER
LEGAL ADVERTISING DEPT.
18682 Beach Boulevard, Suite 160
Huntington Beach, C4 92648
(714) 965-3030
(714) 965-7174 FAX
f }
CITY CLERK
CITY OF
HUNTINGTON BEACH.CA
zw HAY -$ p P 59
d
xv 0�
3."3v39 ti41;31RI1W
4G ),I43
�� 13 i
'.3'A
(9) July 17, 2000 -Council/Agency Agenda - Page 9
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes -Approve and adopt the minutes of
the City Council/Redevelopment Agency regular meetings of June 19, 2000 as written
and on file in the Office of the City Clerk. Submitted by the City Clerk.
[Approved 7-0]
E-2. (City Council) Approve 2000/01 Proposed—West Orange County Water Board
Budge (320.20) -Approve the 2000/01 proposed West Orange County Water Board
Budget in the amount of$320,300. Submitted by the Public Works Director. Funding
Source: Water Utility Fund Account. Huntington Beach share for the fiscal year is
$179,688. (Joint Powers cities are Huntington Beach/Westminster/Seal Beach/Garden
Grove.)
[Approved 7-0]
E-3. (City Council rove Fourth Amended Joint Exerciag of Powers Agreement of the
Orange Count tv Hazardous Materials Emeraenc soonse Authority (600.40)
Approve and authorize the Mayor and the City Clerk to execute the Fourth Amended Joint
Exercise of Powers Agreement of the Orange County-City Hazardous lviaterials
Emergency Res onse Authority. Submitted b the Fire ief. Funding Source: None
required.
[Approved - ]
E-4. (City Council) Approve Plans and Specifications and Authorize Advertisement of
the Citywide Installation of Reflective and Non-Reflective Pavement Markers on
Portions of 24 Arterial Streets: CC-1140—Approve Expenditure of Funds—
Approve Sample Contract (600.50) - 1. Approve the plans and specifications for
citywide installation of reflective and non-reflective pavement markers on arterial streets,
CC-1140, and authorize the Director of Public Works to advertise the project after
receiving approval to proceed from CalTrans; and 2. Approve the attached sample
construction contract, subject to award of contract to Council approved lowest
responsible/responsive bidder. Submitted by the Public Works Director. Funding
Source: Hazard Elimination Safety(HES) Fund. Engineer's project estimate is
$500,000.
[Approved 7-0]
ik"d aq{ -0)
SECTION A r4j-)J h-1=_,)
a`1-11-01
NOTICE INVITING SEALED BIDS
for the
Citywide Installation of Reflective and Non-Reflective Markers on Arterial Streets
FEDERAL No. STPLIIG-5181(130)
CASH CONTRACT I\o. 1140
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 how of 2 p.m. on May 8,2001. Bids will be publicly open in the Council Chambers
unless otherwise posted.
Copies of the Plans, Specifications,and contract documents are available from the Office of the
Director of Public Works,2000 Main Street,Huntington Beach,CA 92648,upon payment of a
$25.00 nonrefundable fee if picked up,or payment of a$35.00 nonrefundable fee if mailed.
This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor
Standards,which are on file at the Office of the Director of Public Works,2000 Main Street,
Huntington Beach, CA 92648.
The AGENCY will deduct a 10%retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race,color,national origin,ancestry, sex,or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
The bid must be accompc` }by a certified check,cashier's check bidder's bond made
payable to the AGENCY TUf an amount no less than 10% of the; `t�t bid. The successful
bidder shall be licensed in accordance%Kith provisions of the Business and Professions Code and
shall possess a State Contractor's License Class at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA,
the 17th day of July 2000.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
FBCITY OF HUNTINGTON BEACH
2000 Alain Street
P . O . Box 190
Huntington Beach , CA 92648
LETTER OF TRANSMITTAL Fax (714) 374-1573
Attention: Connie Brockway Date: Aril 2 2001
To: City Clerk's Office Project/C.C.No.: C.C. No. 1140
2000 Main Streef Regarding: , Citywide Instaffaffon of Pavement
Huntington Beach, CA 92648 Markers on Arterial Streets
We are sending you: Q 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 ❑ flans El Samples ❑ Specifications
Copy of letter El Change Order ® Other. Notice Inviting Sealed Bids
Item# Co ies Pages Description
1 1 2 Notice Inviting Sealed Bids
2
3
4
5
These are transmitted as checked below:
For approval Approved as submitted Resubmit copies for approval
® For your use Approved as noted ❑ Submlt copies for distribution
® For your action Returned for corrections Return corrected prints
For review/comment Other.
Remarks: On July I7,2000, the City Council authorized the advertisement of the Ci"ide Installation
of Reflective and Non-Reflective Markers on Arterial Streets project, CC1 I40. PIease find attached
the Notice Inviting Sealed Bids for this project. Please have this advertised for 4/12, 4119 and 4/26
with a bid opening on 5/8.
Please contact me at extension 5086 with any questions you may have.
r
cc: By:
/ ab Stac skl;-PE,Associate Traffic Engineer
G:XE'%G%STACIIEUKASi'REETILLt;M NATIOMC:LERK1RANSSIIrYAL M:
"'CITY OF HUNTINGTON BEA H
MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-55
CouncillAgency Meeting Held: ?0 1' 00
Deferred/Continued to:
'j Approved ❑Conditionally Approved ❑ Denied ity I rk's Signature
Council Meeting Date: July 17, 2000 Department ID Number. PW 00-55
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION cz
�a
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS c-
t
SUBMITTED BY: RAY SILVER, City Administrator aW cr* ,
�s
PREPARED BYikaROBERT F. BEARDSLEY, Director of Public Work w `
SUBJECT: Authorize Advertisement of the Citywide Installation of Reflect ve and
Non-Reflective Pavement Markers on Arterial Streets, CC-1140
[Statement of Issue,Funding Source.Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Plans and specifications for the Citywide Installation of Reflective and
Non-Refiective Pavement Markers on Arterial Streets, CC-1140 are complete. As this is a
federally funded project, the plans and specifications have been submitted to Caltrans for
review. Funds for construction of these improvements must be obligated by September 1,
2000. City Council approval to advertise the project is required, subject to Caltrans approval
of the plans and specifications.
rundina Source: Funds for the improvement project are in the Hazard Elimination Safety
(HES) Fund. The engineer's estimate for the project is $500,000.
Recommended Action: Motion to:
1. Approve the plans and specifications for Citywide Installation of Reflective and Non-
Reflective Pavement Markers on Arterial Streets, CC-1140, and authorize the ,
Director of Public Works to advertise the project after receiving approval to proceed
from Caltrans; and
2. Approve the attached sample construction contract, subject to award of contract to
Council approved lowest responsiblelresponsive bidder.
Alternative Actions :
1. Approve plans and specifications but do not advertise to bid.
2. Do not approve the"sample contract"for the project.
3. Do not approve the plans and specifications and direct staff to prepare plans for an
alternative design.
1140AUTH2ADV.DOC -2- 06/28100 9:06 AM
kMEQUEST FOR COUNCIL AC�N
MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW Oa-55
Analysis:
The Hazard Elimination Safety Program is designed to improve traffic safety. The local
agency may nominate projects in the "work type" or"safety index" category. The merits of
'work type" projects are not easily quantifiable and are usually described in the grant
application in essay form. This arterial highway marker installation project falls under the
"work type" category. While the standard ratio for HES funds is 90% HES/10% local match,
safety improvements under this project will be reimbursed at 100%.
Immediately adjacent to the City of Huntington Beach, reflective and non-reflective pavement
markers have been installed on arterials in the City of Westminster, immediately to the north;
and, in the Cities of Fountain Valley and Costa Mesa, immediately to the east. The City of
Seal Beach to the northwest and the City of Newport Beach to the southeast have installed
reflective pavement markers on their arterial striping. Additionally, pavement markers exist
on the 405 Freeway, as well as on Route 1 (Pacific Coast Highway) and on Route 39 (Beach
Boulevard), State highways that serve the City of Huntington Beach.
The City has installed reflective pavement markers to supplement some of the painted white
lane line striping and to supplement some of the yellow centerline striping. The City of
Huntington Beach has installed non-reflective pavement markers to simulate striping at only
a few locations.
Reflective and non-reflective pavement markers have been shown to improve roadway
illumination during hours of darkness, as well as during inclement weather. The following
streets will be included as part of this project:
Ward Street Bolsa Chica Street
Brookhurst Street(portions of) Graham Street (portions of)
Magnolia Street (portions of) Springdale Street (portions of)
Newland Street Edwards Street (portions of)
Gothard Street (portions of) Golden West Street(portions of)
Alain Street Bolsa Avenue
Ellis Avenue McFadden Avenue (portions of)
Garfield Avenue (portions of) Edinger Avenue (portions of)
Yorktown Avenue (portions of) Heil Avenue
Adams Avenue Warner Avenue (portions of)
Indianapolis Avenue Slater Avenue
Banning Avenue Hamilton Avenue (portions of)
S•.aff is coordinating the installation of reflective and non-reflective pavement markers under
the HES project with our rehabilitation and resurfacing projects. On June 26, 2000 the OCTA
Board of Directors approved funding for rehabilitation of 14 street segments in the City to be
constructed in the Spring of 2001, 2002 and 2003. The HES project will not include the
irstallation of pavement markers on streets to be resurfaced in the Spring of 2001 or 2002,
1140AuTH2ADv.DOC .3• 06/27100 3.00 PM
`K QUEST FOR COUNCIL ACTION
MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-55
but it will include installation of pavement markers on streets to be rehabilitated in the Spring
of 2003. The City's rehabilitation projects will include the installation of pavement markers on
streets to be rehabilitated in 2001 and 2002, as well as the replacement of pavement
markers on streets to be rehabilitated in 2003 and after.
Public Works Commission Review: The Commission reviewed and recommended
approval of the project on June 21, 2000 by a 5-0 vote (2 absent).
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 15301(c).
Attachment(s):
City Clerk's [ I f
. • . • III � -
1 Sample contract
FICA Author. Kato
1140AUTH2ADV.DOC -4- 0612710011:41 AM
V lJ
ATTACHIVIE1oTT 1
SAMPLE
FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND
FOR CITYWIDE INSTALLATION OF REFLECTIVE AND NON-REFLECTIVE MARKERS
ON ARTERIAL STREETS,CC-1140
TABLE OF CCNTENTS
_ Page No.
1. STATEMENT OF WORK;ACCEPTANCE OF RISK 1
2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2
3. COMPENSATION 3
4. COMMENCEMENT 0F:PROJECT 3
5. TIME OF THE ESSENCE 4
6. CHANGES 4
7. NOTICE TO PROCEED 5
8_ BONDS 5
9_ WARRANTIES 6
10. CALIFORNIA FAIR EMPLOYMENT 5
11. CALIFORNIA PREVAILING WAGE LAW 6
12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6
13. CALIFORNIA EIGHT HOUR LAW 7
14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7
1S. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7
16. EMPLOYMENT APPRENTICES 7
17. PAYROLL RECORDS 8
18. INDEPENDENT CONTRACTOR 8
19. LIQUIDATED DAMAGES/DELAYS; 8
20. DIFFERING SITE CONDITIONS 10
21. VARIATIONS IN ESTIMATED QUANTITIES 10
22. PROGRESS PAYMENTS 11
23. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 12
24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12
25. WAIVER OF CLAIMS 12
26. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12
27. WORKERS COMPENSATION INSURANCE 13
28. INSURANCE 13
29. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14
30. DEFAULT&TERMINATION 15
31. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS 15
32 NON-ASSIGNABILITY 15
33. CITY EMPLOYEES AND OFFICIALS 16
34. STOP NOTICES;RECOVERY OF ADMINISTRATIVE COSTS 16
35. NOTICES 16
36. CAPTIONS 16
37. FEDERAL PARTICIPATION 17
38. DAVIS-BACON ACT 17
39. DISCRIMINATION; MINORITIES,ALIENS 17
40. EQUAL EMPLOYMENT OPPORTUNITY 17
41. COPELAND'ANTI-KICKBACK'ACT 18
42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18
43. CLEAN AIR ACT AND FEDERAL WATER-POLLUTION CONTROL ACT 19
44.' ENERGY CONSERVATION 20
45. HOUSING AND URBAN DEVELOPMENT 20
46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20
47. ATTORNEY FEES 20
48. ENTIRETY 21
SAMPLE
FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR CITYWIDE
INSTALLATION OF REFLECTIVE AND NON-REFLECTIVE
MARKERS ON ARTERIAL STREETS, CC-1140
THIS AGREEMENT is made and entered into on this day of
2000, by and between the CITY OF HUNTINGTON BEACH, a
Municipal Corporation of the State of California, hereinafter referred to as "CITY,"and
a California corporation, hereinafter referred to as `
"CONTRACTOR."
WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as
"PROJECT," more fully described as citywide installation of reflective and non-reflective
markers on arterial streets, CC-1140, in the City of Huntington Beach, California; and
CONTRACTOR has been selected and is to perform said work;
NOW,THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
r
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
i
agreefformslfedagree10611&00 SAMPLE
discontinuance of work, except such as are herein expressly stipulated to be bome by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
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 Wth 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, sha'I be bound by said Contract Documents
ir.sofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contra--t Documents" as defined herein mebn and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The 2000 edition of Standard Soecifrcations for Public Works
Cnnstruction, published by Builder's !News, Inc., 3055 Overland Avenue, Los Angeles,
Czlifomia 90034, and all amendments thereto,written and promulgated by the Southem
2
ayreeltarrnslledasreclCSr1 F,1C0 SAMPLE
California Chapter of the American Public Works Association and the Southern California
District Associated General Contractors of the California Joint Cooperative Committee;
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
3
agreelforms/fedagree'06M V00 SAMPLE
within sixty(60)working days from the execution of this Agreement by CITY, excluding delays
provided for herein.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the contract
documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the contract documents.
CONTRACTOR shall coordinate its work with the work of all other contractors,
subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the
efficient completion of the PROJECT and in accordance with 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 r
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.
4
agreeitormsmed3gree/o6ii a= SAMPLE
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and
pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work,services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work 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,
famish 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.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any installation,fabrication, material or structural
5
agreelormsftdagreero6r1&00 SAMPLE
facilities constructed. CONTRACTOR, within ten (10)days after notice by CITY of any defect in
the work, shall have the option to make appropriate repairs or replace the defective item or
items. Upon expiration of such ten (10)day period, CITY may then make appropriate repair or
replacement at CONTRACTOR's risk and expense.
10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair
employment practices in accordance with California Govemment 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.
6
agree/forms/fedagreelMl 6= SAMPLE
13. CALIFORNIA EIGHT-HOUR LAW
California Labor Code, Sections 1810 of 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 Califomia 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 Califomia
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.
7
agreeiforms"(edagreero6116100 SAMPLE
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
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
8
agreefformslfedagreero616/0Q SAMPLE
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 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.
9
agreeMormsHedagree/06/16/00 SAMPLE
�J V
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.
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
10
agreeKormsKedagree/06/16M0 SAMPLE
�J lJ
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in
price or time for completion shall be allowed if asserted after final payment under this
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
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
11
agreelformsNedagrenW16= SAMPLE
�J `J
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.
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
12
agrWomr-,Keda%ree► V1G104 SAMPLE
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
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
27. WORKERS COMPENSATION INSURANCE
Pursuant to Cafifomia Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 of seq. of said Code,which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors'employees. CONTRACTOR shall fumish
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
13
asreexormsfiedagree106116100 SAMPLE
and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that 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:
1, 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: '7he 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
14
agree4orms/fedagree/06/1 MO SAMPLE
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner,the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
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 net 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. NOWASSIGNABILITY
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.
15
agreerformslfedagree/06116100 SAMPLE
lJ `J
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 Califomia Govemment 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.
16
agree/formslfedagreeM6116= SAMPLE
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).
17
agreelformOedagreeM6116/00 SAMPLE
lJ
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 CrrR, part 5). Under Section 103 of the Act each
18
agreelformsNedagree/06116/00 SAMPLE
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 1-112 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 time 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.
19
agree/fomms/fedagreeMi 6/00 SAMPLE
(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 attorneys fees.
20
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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)ChairmantPresidentMce President Mayor
AND ATTEST:
By:
print name City Clerk
ITS: (circle one)Secretary/Chisf Financial APPROVED AS TO FORM.
Officer/Asst.Secretary-Treasurer
^2�CCity Attorney
REVIEWED AND APPROVED:
D AND APP VED:
City Administrator
Director of Public Works
21
agree/torms![edagree/Ml6/00 SAMPLE
RCA'ROUTING HEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Authorize Advertisement of the Citywide Installation of
Reflective and Non-Reflective Pavement Markers on Arterial
Streets, CC-1140
COUNCIL MEETING DATE: July 17, 2000
RCA ATTACHMENTS STATUS
Ordinance (wlexhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & 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 Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report(If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff { ) ( )
Assistant City Administrator (Initial) { ) ( )
City Administrator (Initial)
City Clerk { )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For CiW Clerk's Use Only) 11 j
RCA Author. Kato
CITY OF HUNTINGTON BEACH
Inter-Department Communication
RECEIVED FROM
AND MADE APART OF TH E OR AT T E (!
COUNCIL MEETING of
OFFICE OF THE C CL RK
TO: HONORABLE MAYOR DAVID GAROFALO CONNIE BROCKWAY.CmrCLERK
AND MEMBERS OF THE CITY COUNCIL
FR01I: GAIL HUTTON,City Attorney
SUBJECT: Various"E Items"for Street Improvements;
City Council Meeting July 17,2000
DATE: July 17,2000
A concern has been raised regarding the ability of councilmembers to vote on the various
street-improvement items for tonight's City Council agenda, since a councilmember's property
maybe within 2,500 feet of a project site.
We do not believe these items present a potential conflict of interest, because the projects are
unlikely to have a measurable, material financial effect on the value of a councilmember's real
property and because any such effect would be indistinguishable from the effect on the public
generally.
Please contact me if you have any questions.
GAIL HUTTON
City Attorney
cc: Ray Silver,City Administrator
IC.Z`G
' 1
G-*2000roemos:Garofi10 7-17#2
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vo ce
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U3A1333JAlign MMISMEM
ere:SeIQctl.etter_onyaur.
TO: Cash Contract File 1140
SUBJECT: REFERENCE CHECK, Pacific Striping Inc., CC 1140
DATE: June 4, 2001
QUESTIONS
1. Did the contractor work well with your agency?
2. Did they change key personnel during the job?
3. Were there any problems with subcontractors or suppliers (stop notices)?
4. Did general and subcontractors work consistently on the project?
5. Was the project completed on time?
6. How was the quality of the work?
7. Would you hire this general contractor again?
8. Are the contractor's and subcontractor's licenses current and verified with State Contractors
License Bureau? [X ] YES [ ] NO
9. Are there any outstanding complaints lodged against the contractor with the State Contractor's
Licensing Board? [ ] YES [ X ] NO
10.Did the contractor follow specifications?
11.Did the work include traffic signal installation or modification?
12.Were there change orders and were they easy to negotiate?
13.Comments.
A B C
City of Temecula City of Upland City of La Palma
Brad Buron Rich Husa Chafik Mouradi
(909) 694-6411 (909) 931-4244 (714) 690-3300
1. Yes Yes Yes
2. No No No
3. No No No
4. Yes Yes Yes
5. Yes Yes Yes
6. Good Good Satisfactory
Above Avera e
7. IYes Yes Yes
8.
9.
10. Yes Yes Yes
11. No No No
12. Yes—Yes Yes—Yes Not Sure
13. Pleasure to work with Good to work with Easy to work with
Accommodating No problems Positive impression
Good traffic control
GACo-istruction Contracts(CCs)1Cci 140Re"erence Check cd 140.doc
CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 485696 L
DISCLAIM R
A license status check provides information taken from the CSLB license data base.Before relying on this information,you should be aware of the following
limitations:
• CSL8 is prohibited bylaw from disclosing complaints until they pre referred for legal action.
• Ter II&P 7071 17,only construction related civil judgments known to the CSL9 are disclosed.
• Arbitrations pre not listed unless the contractor fails to comply with the gems of the arbitration.
• Due to workload,there maybe rcl want information that has not yet been entered onto the Boards license data base
Extract Date:June 05,2001
* * * BUSINESS INFORMATION
PACIFIC STRIPING INCORPORATED
POBOX 1691
NW11TTIER,CA 90609
Business Phone Number: (562)945-7805
Entity: Corporation
Issue Date: 01/17/1986 Expire Date: 01/31/2002
* * * LICENSE STATUS
This license is current and active. All information below should be reviewed.
* * * CLASSIFICATION'S
C32 PARKING AND HIGHWAY IMPROVEMENT
* * * CONTRACTOR BONDING INFORMATION
This license has bond number 9035953 in the amount of S7,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY CO1_1_PANY.
Effective Date: U6/30/2000 Y
* * * WORKERS COMPENSATION INFORMATION
This license has k%-orkers compensation insurance with the STATE: CO.MPE SATION
INSURANCE FUND. Policy Number: 1168438 Effective Date: 6I01/1993 Expire Date: 05/01/2002
Personnel Llst
LlcenseNumber Request ContractorJVame.Request Personnelj4ameyetluest
Salesperson Request Salesperson.Mame_ftequest
Q W CONTACT CIS
TO: Cash Contract File 1140
SUBJECT: REFERENCE CHECK, Pacific Striping Inc., CC 1140
DATE: June 4, 2001
QUESTIONS
1. Did the contractor work well with your agency?
2. Did they change key personnel during the job?
3. Were there any problems with subcontractors or suppliers (stop notices)?
4. Did general and subcontractors work consistently on the project?
5. Was the project completed on time?
6. How was the quality of the work?
7. Would you hire this general contractor again?
8. Are the contractor's and subcontractor's licenses current and verified with State Contractors
License Bureau? [ ] YES [ ] NO
9. Are there any outstanding complaints lodged against the contractor with the State Contractor's
Licensing Board? [ ] YES [ ] NO
10.Did the contractor follow specifications?
11.Did the work include traffic signal installation or modification?
12.Vlere there change orders and were they easy to negotiate?
13.Comments. e1-p-aSu,�e -'a %,, 0 w14 cceMJX� •
A B C
City of Temecula City of Upland City of La Palma Z— 00
Brad Buron Rich Husa Chafic Mouradi CI F l k
(909) 694-6411 (909) 931-4244 (714) 523-2141
1. cs S Y S Es w a tk X0
2. N a
3. �A V N O Tr"( �w ,
4. ES ES
5. YES Es
6. Gao G, 00C9 S ys ) duct
7. ES �S
8. _
E9.
10. ES 4�3a 1 E� E S S
11. D 0
13.
GACo-struct;on Contracts(CCs)xCc11401Re'erenc Check cc1140.doc
1
' The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
-fie S��v�'cc� [�S �f+ F
') financially or otherwise, to perform the contract for the proposed work and improvements in
vk C c e_aL#' .-a 4_1� vv\D'J • 0� w v v- k� Cl 6,4�� , accordance with the plans and specifications set forth.
+ , ' t Company Name
U J L' t o 4"e-V'[ Q N+1 � C� W Q ✓�G 1/l a�i[ �a G.^- ' LAC 17 ra� C t'�_7 ,
J �c�
t_C.11 0 SigAQ#of Bidder
'� t� `''-mac Ca,r,.�+r C�car- �],�� v i C�CC � ��►5F r� . '.�' ✓1[c
Gz C C_a✓'t '� - -O i %c_ jC , (1%C9 L) nnFtedoryP d Signature -- -
ti
►; Subscribed and swum to before me this�,day of V4Kvf 200J.
'� � •
l r,, �a ,� - � Alt r `S`—�'� �.�� v� �- t� � � � f �' ~• h�'• ''• :M•,
i � { NOTARY PUBLI
e- Cm � OTAR SEAL
Listed below arc the names,address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years: #
N
G � ame and Address of Public Agency
!1 r 1 Y �l �c vt 1 !
Name and Telephone No. of Project Manager: �' - ��L} �{-1 ;
P j g � t? F�l�u a� �0`�
Contract Amount Type of ork Date Completed
1
Name and Address of Public Agency
Name and Telephone No.of Project Manager: VkV5Fc -1W1q C171
?s4 V 'Pint yL�
Contract Amount Type of Work Date Completed
3. 1 u'rY r'+ - t .A- �!4 t .�� 6.
m
' a -
Name and Address of Public Agency
Name and Telephone No. of Project Manager. ( Lit 3L� I-�(nJCyi�D
ti
` ZO&Coo
Contract Amount Type of Work Date Completed !
,I
Bid Analysis — —CC
Bidder Name: )
Bid Reviewer: Bob Stachelski, Associate Engineer
Date of Bid Review:
Bid Schedule:
r Written price matches numerals
�- Total cost matches sum of bid items
Attachments:
r; List of subcontractors
G Noncollusion Affidavit
, Utility Agreement
r, Disqualification Questionnaire
r, Compensation Insurance Certificate
rj Bidder's Information
r; References
r Local Agency Bidder-DBE Information
r Equal Employment Opportunity Certificaton
r; Debarment and Suspension Certification
r Noncollusion Affidavit
r�, Nonlobbying Certification
r-; Bid Bond
Notes: EEOC indicates that bidder has not participated in a previous contract or
subcontract subject to EEOC clauses, etc.
Bid Bond:
r; Bid Bond amount> 10% of bid price
r; Bond amount matches bid information
Notes: Bid bond information not provided in proposal section (blank not filled).
Subcontractors:
):J Subcontractors listed
{- DBE participation
r DBE amount meets established goal
Notes: DBE information indicates 10% percent participation. Total shown equals 17%
participation. Check DBE Cert. # for being current, etc. DBE work includes providing
anchor bolts which are provided by the City.
Bidder's Information:
r Valid California Contractors License
r- Class A license
r; State license check reveals no actions against
Reference information— Did not check references for projects in progress
Reference Check#1:
r Required information provided by bidder
>* Reference confirms reference
r.j Contact provided positive reference
r; Stop Work notice(s) issued
r Contact provided negative reference
r; Contact provided mixed reference
r Reference project delivered on schedule
r' Contractor was cooperative in working with agency staff to complete project
r. Contractor completed project in accordance with specifications
Notes:
Reference Check#2:
r Required information provided by bidder
f- Reference confirms reference
r. Contact provided positive reference
r Contact provided negative reference
r. Contact provided mixed reference
�j Stop Work notice(s) issued
l-, Reference project delivered on schedule
r, Contractor was cooperative in working with agency staff to complete project
r- Contractor completed project in accordance with specifications
Notes:
Reference Check#3:
rj Required information provided by bidder
r- Reference confirms reference
r, Contact provided positive reference
r, Stop Work notice(s)issued
r; Contact provided negative reference
r Contact provided mixed reference
r, Reference project delivered on schedule
r Contractor was cooperative in working with agency staff to complete project
r Contractor completed project in accordance with specifications
Notes:
Reference Check#4:
r: Required information provided by bidder
r, Reference confirms reference
i'- Contact provided positive reference
r. Contact provided negative reference
r- Contact provided mixed reference
r- Stop Work notice(s) issued
r- Reference project delivered on schedule
r Contractor was cooperative in working with agency staff to complete project
r, Contractor completed project in accordance with specifications
Notes:
Reference Check#5:
r; Required information provided by bidder
r Reference confirms reference
r . Contact provided positive reference
r Contact provided negative reference
r; Contact provided mixed reference
>r Stop Work notice(s) issued
r, Reference project delivered on schedule
i`, Contractor was cooperative in working with agency staff to complete project
! I Contractor completed project in accordance with specifications
Notes:
Reference Check#6:
r Required information provided by bidder
r- Reference confirms reference
r. Contact provided positive reference
r- Contact provided negative reference
r Contact provided mixed reference
f. Stop Work notice(s)issued
T-. Reference project delivered on schedule
r" Contractor was cooperative in working with agency staff to complete project
r" Contractor completed project in accordance with specifications
Notes:
Reference Check#T:
r Required information provided by bidder
T-; Reference confirms reference
r Contact provided positive reference
r Contact provided negative reference
r Contact provided mixed reference
f-, Stop Work notice(s) issued
> s Reference project delivered on schedule
r" Contractor was cooperative in working with agency staff to complete project
r Contractor completed project in accordance with specifications
Notes:
Reference Check#8:
r Required information provided by bidder
f- Reference confirms reference
r; Contact provided positive reference
>r Contact provided negative reference
r; Contact provided mixed reference
r-E Reference project delivered on schedule
r-; Contractor was cooperative in working with agency staff to complete project
`-: Contractor completed project in accordance with specifications
Notes:
w
��a CITY OF HUNTINGT ON BEACH
I.� 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
September 12 2001
To: Paving Contractors, Inc.
1105 East Hill Street
Long Beach, CA 90806-0618
Enclosed pease find your original bid bond issued by Federal Insurance Company
for Installation of Markers on Arterial Sts.
CC No. 1140
Connie Brockway, CMC
City Clerk
Enclosure
9:Monowuplashcon/to!umbidbond.doc
(TOophone:714-536$2Z7)
CHUBB GROUP OF INSURANCE COMPANIES
CHUBB 15 Mo-intain View Rcad. P.0. Box 1615. Warren, NJ 07061.1615
AIA DOCUMENT A310
810 BOND
KNOW ALL MEN BY THESE PRESENTS, that we
PCI LTD., A CALIFORNIA LDaTED PARTNERSHIP (Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and
FEDERAL INSURANCE COMPANY (Here insert full name and address or legal tide of Surety)
a corporation duly organized under the laws of the State of INDIANA
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF iHIINTIN(.TON BEACH tHere insert full name and address to legal titre of 4«ner)
as Obligee, hereinafter called Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID
Dollars ($ lox I
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
ou• heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
(Here insert full name.address and description of project
CITYWIDE INSTALLATION OF REFLECTIVE AND NON—REFLECTIVE MARKERS
ON ARTERIAL STREETS
NOW,THERFORE,it the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
V0 the Obligee in accordance with the terms of such bid, and give such bond or bonds at may be specified
in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure
of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the
difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for
wh ch 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 7TH day of MAY, 2001.
CI LTD., A CALIFORNIA LIMITED PARTNERSHIP
i � _ � {Prrncipan (Seat)
(wetness)
G.—Pco b {Tate)
Pre:; LeV
ERAL INSURANCE COMPANY
(surety) (Haag
(witness) fi 0, &M
DOUGLAX A. RAPP (Title)
ATTORkY IN FACT
Prin led in cooperation witli the American Institute of Architects(AIA)by the Chubb Group of Insurance Companies.The language
in this document conforms exactly to the language used in AIA Document A310 February 1970 edition
M+RE(]
Farm 1"2-M(Ftw.4.93) MAJRSSM(825M USIL
State of CALIFORNIA RIGHT THUMSPRINTfoptlonan
County of LOS ANGELES
on 5 7_01 before me, Celeste A._Grahjm. hntnry Pahl i
CATO prAMEMTLE OF OFFICERi.e.•JANE DOE.NOTARY PUSUC•1
personally appeared _ WILLIAM G. JACOB, PRESIDENT
' NAMEIS!Of SIGNER[513
CAPACITY CLAIMED BY SIGNER(SI
OINDIVIDUAL(SI
OCORPORATE
ZI personally known to me -OR- O roved to me on the OFFICER(S)
IMF
asiS of satisfactory OPARTNERIS) OLIMITED
_ evidences to be the 1 OGENERAL
person(s)whose name(S) (]ATTORNEY W FACT
is/are subscribed to the OTRUSTEEts)
within instrument and OGUAROIAN/CONSERVATOR
acknowledged tome that 130THER:
helshelthey executed the
0FF1c:A_s>=.-%L same in his/her/their
CELESTE;+ Gt;:.rlr'•ti 47 authorized capachyties?, SIGHER13REPRESENTING:
�•-rC:�k�l- f.OTA:,%ypU(_!.'C-CAL!FCP.4!•A and that b his/her/their IName of Personlal orEntity(iaal
••Sri:•. CD`f;.7S`,ICN a 1145JO4 G
7 �: � si nature(s� on the
Las nNCELirs cD:;:v:Y � 9
e f,1yrCOlr�niss�:r;EXP.J::y SO-"s�1 instrumer�tthe persontslr
.�.�. or the entity upon behalf
of which the person(s)
acted, executed the BMW THUMBPRINT(Dpvonan
instrument.
Witness my hand and official seal.
J �
(SEAL) YAjv cnl ;'_;� '/�V/A f-t-
!SIGKATURE-CFOTARY)
CAPACITY CLAIMED BY SIGNERISI
QINDIVIOUALIS)
❑CORPORATE
ATTENTION NOTARY
ofFlcERts)
The information requested below and in the Column to the right is OPTIONAL. R1ngo
Recording of this document is not required by law and is also optional. gPARTNERISI OLlMITED
It could, however, prevent fraudulent attachment of this certificate to any
unaithorized document. QGENERAL
DATTORNI:Y IN FACT
THIS CERTIFICATE ThIs or Type of Doctvwnt OTRUSTEEIS)
MUST BE ATTACHED I3GUARDIANICONSERVATOR
TO TAE DOCUMENT Numbw of Pages Date of Document 00THER:
DESC9ISED AT RIGHT:
S+p rw1s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Pe►son(el or Entityliesl
WOLC 3TTs FORM 93240 Rev.3.94 ttwica class 9.2A1 �1994 WOLCO113 FOAMS.1Nt.
ALL PtrPPOSE AC"OWLEOGMENT WITH S76NER CAPACITY REPRESENTATIONRWO FINGERPRINTS I II
1 67775 63240 3
VALII'ORNIA ALL-PURPOSE ACKNOWLEDGMENT
{�r .y
State of Ca]if=ia
County of age
On spy before me, Christine M. Ra t10 Public ,
Due NVM arc T'"of oKdr(e-O--Jane Coe•Ndary P,r &I
personally appeared _ Douglas A. Rapp
wme(e}a s�(aJ
personally known to me—0R—❑proved to me on the basis of satisfactory eAdence to be the person(s)
whose name(s)is/are subscribed to the within Instrument
and acknowledged to me that he/sheAhey executed the
same in his/herAheir 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,
CHRISTINE M. RAPP executed the instrument.
E COMM.#1267189
s ROTARY FUM C•CALT-ORMd A ZJ
r OtArr ECOMY WITNESS my hand and official seal.
1.1y Comm.Exp.July 9.2oW
t Ali Q
aR.of �
OPTIONAL
Though the intom►atlon below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tittle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑Urnited ❑General
❑ Attomey-in-Fact ❑ Attorney-In-Fact.
❑ Trustee ❑ Trustee
❑ Guardian or Conservator "" . ❑ Guardian or Conservator r
❑ Other: Top d uxxno here ❑ Other: TOP d VVJ"nwa
Signer Is Representing: Signer Is Representing:
0 IM Nat. tWAq A2w6&Uan•UX Rsmeel Aw.P.O.Boa 7164•canoga Pa/t.CA 91302.7164 Pwd.No.S907 Re~..W Tomfine 14 40764W
Chubb POWER Fedora] insurance Company Attn.: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
SUreV ATTORNEY Pacific Indefnnity Company Warren, NJ 07059
Wtow Alf by These Presents.That FEIX AL INSURANCE COMPANY.an h drana caporeriort.VIGA ANT INSURANCE COMPANY. a New York
ecrporawn,and PACIFIC INDEMNITY COMPANY.a Wisconsln corporation,do each hereby constitute and appoint Douglas A. Rapp and
Linda D. Coats of Laguna Hills, California----------—------—_—--------M____.�____
es:h as their true and lawful Attomey-ln-Fad to execute under such designation In their names and to arloc their corporate seals to and deliver for and
on their behalf as surety thereon or Otherwise.bonds(other than ball bonds)and undertakings given or executed in the course of Its bWtwss(but not
to intrude only inShUrrtents amending fie altering the same.nor consents to the modification or attest"of any merest rtslW teterted to in said bonds or
obligations).
In Witness Whereof.said FEDERAL INSURANCE COMPANY.V*I ANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have
sac tt executed and anested these pro*"and affpred their corporate seats on this t day of e
C G�&4A.
aryl S.R Ks,Asarstarst SeCtataryri E. obertsan, xx
STATE OF NEW JERSEY
courtly of somentet "
On this 24 t h e"a Feb ru a I 19 Wore me,a Notary Public of New Jorsey.personalty earn.Sheryl p.Rowrts,
to me known io bar Assistant Secretary of FEDERAL INSURANCE COFAPANY.VICILAW INSVRANCE COMPANY,and PACIFIC INCtEMN Y COMPANY.ft
companies which szeculed Via foregoing Power of Allornsy.and the said ShertA B.Potions being by no duly swom.did depose and say that afro is Assisbrq
Sevetary of FEDERAL INSURANCE CCIOPANY.VIG1tANT INSURANCE COMPANY.and PACIFIC INDEMNr Y CC PANY and iuwws 4»eorporare seats thereof,
"the seats oftrxed Soft foregoing Paver of Artorny ors such corporate seals and to thereto ofrued by outs"of ttw by-taws of Bald Companies;and rhar
she signed said Paver of Aeornsy as Assistant Secretary of said Companies by Eke suthorlttr,and that she is acquainted vAh Frank E.Robertson,and knows him to
be Vida President of said Companies;and that Via signature of Fronk E.Robefton,subscribed to said Power of Attorney is in the genuhls handwriting of Frank E.
Robertson,and was thereto subscribed by outhorey of said ey-Laws and in deponents prosenae.
6"I
�A�II][AAY �' Q•
•� i<p ( m7 NotaryPubt+c
CERTIFICATION
ExIm si from the By-taws of FEDERAL.INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'AD powers of attorney for and on behalf of the Company may and shall be aKecuted In the name and on behalf of the Company.ether by the
Chairman or the President or a Vice President or an Assistant Vice President,Jointly wrM the Secretary or an Assistant Secreary,under their
respective designations. The signature or such officers may be engraved,printed or Ikhographed. The signature of each of the following
c'r+cers: Chairman.President,any Vice President,any Assistant Vice President,any Secretary.arty Assistant Secretary and the seat of the
Company may be sfloted by facsimile to any power of attorney or to any mrtifx:ate relating thereto appointing Assistant Secretaries or
F.ttomeys-In-Fad for purposes"of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof,and
s ny such power of sttorney or certificate bearing such facsimile signaturs fie facsimile seat shall be valid and binding upon the Company and
any such power so exectled and certified by such f ocWroile sgnah)re and facsimile seal shall be valid and binding upon the Company with
rrrspect to any Mond or undertaking to which It Is attached'
I,Stwryf B.Roberts,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY
COMPANY(the'Compsroes')do thereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true end correct,
(h) the Companies are deity i waW and aunnlortmd 10 trarlaarat sleety br Wnm in of 50 of the Urftd States of America and the DoW of
Cdtmbie and are wA4 toed by the U.S.Tnaaatsy Departrnert Il Vw.Federal and Vigiant are nerved In Puerto Rico and the U.S.Virgil
Isfenda,and Federal is towed in Amerian Samoa.C+tartl,and arch of the Provisoes of Canada coW Prtrtoe Edward Island.and
(ii i) the foregoing Power of Attorney Is true,corned and In full force and effect.
Gmin under my hand and seals of said Companies at Warren,NJ this 7TH day of MAY, 2001
�-O' 'un+W rss"'i n'r 4 �1► eE
f
�� y t
IAts hs 1< E IV�R,.
e !
Sher)A B.Robets.Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908)903-3485 Fax (908) 903-3656 e-mail: stlretyQchubb.corn
Foam IS 10.0220 A(Ea /40) /.ONCONSENT
R' CC IVf_D
Cil? Y C L F;f�
f: tf;T fu X' C%CH. CA
1001 MAY -8 P 12: 42
• _ — -- � Paving Contractors, Inc.
4 c-
Q �.. �y i To; C i TV C elk
C.S>-!=f:— ODD rY1
cA
o co
.J�
I Ins I .ltil I Jill�l • PO l)o\ 16118 Oil-- 11CAL11, A 90806-'v61S
W I JN.57A 14'nv�
A.Dti- 9:;umnH
S j4 Alit
);ii313 Ally
a C� 13�J2!
P
SECTION C
PROPOSAL
for the
Citywide Installation of Reflective and Non-Reflective Markers on Arterial Streets
FEDERAL No. STPLHG-5181(130)
CASH CONTRACT No. CC-1140
in the
CITY OF HUir'TItiGTON BEACII
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
IIUN'TINGTON BEACI:I:
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 50 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 wilI 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
PROJECT BID SCHEDULE
CC-1140
Item VW. 'Fxgeaded
Amount
1 72,000 Install Type A White Non-Reflective Markers
each
Aic,:/VC Dollars $ Cu•o' $
gav f�' Cents
Per each
2 191,500 Install Type AY Yellow Non-Reflective Markers
each
Dollars $
e)C •— 9 Cents
Per each
3 6,500 Install Type G One-Way Clear-Retroreflective Markers
each
(a3 f ve e_ Dollars $ Q•'-'='`r $ 'C..3::%;:�
Cents
Per each
4 39,500 Install Type D Two-way Yellow Retroeflective Markers
each
c@ Dollars $ $Ear;
go — Cents
Per each
5 1,100 Install Type H One-way Yellow Retroreflective Markers
each
@ s; Dollars $ �•c,, $. �•r�
Z. Cents
Per each
Total Amount Bid in Figures: $
Total Amount Bid in Words: •"' > ;,%KvtZrej .0% ^} EC 4►'A
Xy
* All markers are City Furnished to be installed complete by Contractor
C-2
Jf awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of a%yard 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.
re"awriwr
Accompanying this proposal of bid, find ,Mer''s in the amount of 1,J 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 B' der's Signature
atie -07-0
C-3
MAY-07-2001 14:57 HUNTINGTON BEACH 714 374 1573 P.Oiz@1
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
CITYWIDE INSTALLATION OF REFLECTIVE AND NON-
REFLECTIVE MARKERS ON ARTERIAL STREETS
CC- 1140
May 3,2001
Notice To All Bidders:
Fiease note the following revisionslclarifcations to the Project Plans, Specifications and Technical
Provisions:
1. Section 310-5, page E-24, $gmoyal of Traffic Stripes, Pavement Markings, and Raised
Pavement Markers: This project does not require the removal of any existing striping,
markings or markers prior to the Installation of raised pavement markers. Markers
will be placed directly on top of striping or adjacent to any existing markers.
2. Section 310-5, page E 25, Pavement Delineation Standards: All references to "epoxy"
shall be changed to "bituminous"adhesive.
3. Section 310.5, page E-25,Pavement Delineation Standards: All non-reflective markers
supplied by the City will be plastie,D,t ceramic.
This modihca'aon does not change the Englneer's Estimate for this project
This Is to acknowledge receipt and review of Addendum Number one, dated May 1, 2001.
PeX I-" L miruU Rva hP
Comp2ny Name By
Yh R Y n?, 200 1
Date
All bidders must acknowledge the receipt of this Addendum with your bid proposal.
Should you have any questions regarding this Addendum, please call Bob Stachelski at(714)375-
5086.
TOTAL P.01
. LIST OF SUBCONTRACTORS
• In accordance kith 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;Fork Number
E
By submission of this proposal,the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C4
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
yMha., G :4c,b ,being first duly sworn, deposes and says that he or she is
of orr r W n Wr.,, party making the
foregoing laid that the bid is not made in the interest of o on the a al o ,raqnundisclosed
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 arc 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 twill
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.
"ICI Ltd A Carkmla Umhod partite
Name of Bidder
%44r�
Signature of Bidder
Address of Bidder
Subscribed and sworn to before me this day of ,200
NOTARY PUBLIC
NOTARY SEAL
C-s
State of CALIFORNIA RIGHT THUMSPA NT loptionaq
County Of Los ANGELES
On 5-7-01 before me, Celeste A. Qraham. Notar;Plthii
PATE) INAMEITITLE OF OFFICER-ce.•JANE DOE,NOTARY PUSUC')
personally appeared WILLIAM G.JACOB, PRESIDENT .,
INAMEISI OF SIGNERISII
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUALIST
[]CORPORATE
personally known to me -OR- ❑ proved to me on the OFFICERISI It TU%
basis of .satisfactory ❑PARTNERES) OUMITED
evidence to be the ❑GENERAL
" person(s)whose name(s) OATTORNEY IN FACT
is/are subscribed to the CTRUSTEEIST
within instrument and OGUARDIANICONSERVATOR
acknowledged to me that ❑OTHER:
OFFIVAL SEAL he/she/they executed the
�. CELESTE ACRAHAPA same in his/her/their
r %§� NOTARY PuSJC-CALIFC;1N!A authorized capaCiiy�iesl, SIGNER IS REPRESENTING:
n ,.
cclra�;ss:�;lhr tt4stfed and that b his/her/their IName of Persons)orEnthyrws)
LOS ANCELES COUNTY Y
j�- k1JCatnnissnn Exp.July 30.2C01 signature(s) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINT10ptionall
instrument.
Witness my hand and official seal.
x
[SEAL)
(MWATURE OF NOTARYI
CAPACITY CLAIMED BY SIGNEMS)
>� OIN•DIVIDUALIS)
OCORPORATE
ATTENTION NOTARY
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPAATNER(S) ❑LIMITED
un7uihorized document. OGENERAL
DATTORNEY IN FACT
THIS CERTIFICATE T"or Too ofDocument OTRUSTEEiS)
MUST BE ATTACHED CIGUARDIANICONSERVATOR
TO THE DOCUMENT Number of Pages Date of Document OOTHER:
DESCRIBED AT RIGHT:
Signnlsl Olhm Than Named Above
SIGNER IS REPRESENTING:
(Name of Personlal or Entityrwsl
WO_COTTS FORM$32e0 Ao w.?.Fla Ivice do"8•2A1 �1924 WOLCOTTS FORMS.INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATLOmr Wo FINGERMUNTS '
• � .- -.• •- fi�llt�l�i�1111��1i�1
1- 67775 63240 a
' UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACIT,CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the Citywide Installation of Reflective And Non-Reflective Markers on
Arterial Streets,(I)(w•e)(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.
PCI Ltd A C.a1 kn4aUmlbed Parh*vft
Contractor
%A2;=-
By
Title
Date: M A%1 o7. 2oo 1
C-6
DISQUALIFICATION QUESTIONNAIRE
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 othenvise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes )dNo
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.
Ca
' COMPENSATION INSURANCE CERTIFICATE
r
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
emplover to be insured against liability for worker's compensation or to undertake self-
insurance in accordance«•ith the provisions of that code,and I will comply with such
provisions before commencing the performance of the work of this contract.
PCl Ltd A Caiiforda Lkrftd p p
Contractor
By
preside 4
Title
Date: m Aj o7,Zoa 1
s
C-8
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 421614217 of the Government Code requires a Dig Alert Identif cation Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number,call Underground Service Alert at 1-8004224133
a minimum of two working days before scheduled excavation.
Di;Alert Identification Number:
Contractor
By
Title
Date:
r
Note: This form is required far every Dig Alert Identification Number issued by USA.
during the course of the York Additional forms may be obtained from the AGENCY
upon request.
C-9
- BIDDER'S INFORNIATI6N
BIDDER certifies that the following information is true and correct:
PCt Ltd A Callfomia L6nited
Bidder Name
OS ,[( Ss
Business Address
LoNU Br_AcH, _ _ CA go goo
City, State Zip
(5rc2 ) 21$_05�q
Telephone Number
"77co7E5q C-37-
State Contractor's License No. and Class
_ 3^ 2,7- 2oop
Original Date Issued
'3-31-24ve.z
Expiration Date
The work site was inspected by _At t,I �Acob _ _of our office on , 2001.
The following are persons, firms, and corporations having a principal interest in this proposal:
WJ11gM G SAev FAkryeez _
nos- /l s
paw&- Ca rnzAcrr-�e-s ,tics P�rAjeA,
C-10
• - The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
• financially or otherwise,to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
22!triACallhmlal_l Ked Phdhembip
Company Name
Signature of Bidder
��y1aw C• Sac06 _ AreSIr-1- -A
Printed or Typed Signature
Subscribed and sworn to before me this_day of , 200— .
NOTARY PUBLIC
NOTARY SEAL
Listed below are the names,address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. f� _
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
2.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
3.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
C-11
State of CALIFORNIA RIGHT niUMSPRINT IOptional)
County Of LOS ANGELES
On 5-7-01 before me, C lute_A. Grab.an. ?teary P11}1Zi It
IDATU INAMUTITL[OF OFFICER-o.a-'JANE DOE.NOTARY PUBLIC1
personally appeared _WILLIAM G. JACOB, PRESIDENT
INAME151 OP SI6NERI511
CAPACITY CLAIMED BY SIGNERISI
GtND1V�UALS51
OCORPORATE
personally known to me -OR- ❑ proved to me on the OFFICER`S' Vr1Tu9
basis of satisfactory OPARTNERIS1 ❑LIMITED
evidence to be the ❑GENERAL
person(s)whose name(S) DATTORNEY IN FACT
is/are subscribed to the OTRUSTEEISI
within instrument and CGUARDIANICONSERVATOR
acknowledged to me that OOTHER:
he/she/they executed the
pE SEAL same in his/her/their
CELESSTETE A A..Gfi,\I'.".tii C? SIGNER IS REPRESENTING:
hOTAnf PUBLIC-CAL tr=C7WA C authorized capacity(ies).
D r COt.Y11SSIC"9 114•`•`-04 .. and that by his/her/their INeme or Person Is)or Entirypesl
Af GELES COuYTy signaturelsl on the
h4rCornrriSSi'WEKp.July 30.2001 instrumenttheperson(s),
or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINTIOptionell
instrument.
Witness my hand and official seal.
(SEAL) M
;SIG A URE OF NOTARY)
CAPACITY CLAIMED BY SIGNERISI
as D1TiDIV1DUAL151
OCORPORATE
ATTENTION NOTARY
OFFICfR151
TI-e information requested below and in the column to the right is OPTIONAL.
Mcording of this document is not required by law and is also cptional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNERISI OLTMrrw
unauthorized document. ❑GENERAL
CIATTORNEY N FACT
TH S CERTIFICATE Trfe or Type of Document (3TRUSTEEIS)
WJST BE ATTACHED QGUARDIANICONSERVATOR
TC THE DOCUMENT Number of Popes Data of Document ❑OTHER:
DESCRIBED AT RIGHT:
Sgnerisl Other Than Named Above
SIGNER IS REPRESENTING:
IName or Personrsl or Entityliesl
La
LCOTTS FORM 03240 Rev-3-9a tw-oe claes 9-?AI 0199a WOLCOTTS FORMS,INC.
PURPOSE ACKNOWLEDGME`IT WITH SIGNER CAPACITYIREPRESENTATIONRWO FINGERPRINTS
7 67775 63240 8
• 1r'�!'# �Rl��I T!f
♦ ...� 41 'iaxd 'iY
Parking &Hig/juAnl�t�17,�'1 ms
AGENCY PROJECT VALUE COMPLETED
CITY OF SANTEE CITY WIDE STRIPING S40,000.00 IN PROGRESS
DENNIS BARNES CITYWIDE STRIPmG 115,owm JUNE 99
619-2584100 CITY WIDE STRIPING 60,000.00 JUNE 98
CITY OF POWAY 98-99 STRIPING $141,546.00 JAN 99
CITY OF TORRANCE RAISED PAVEMENT
MIKE SICKLES MARKERS,VARIOUS
310-618-5820 LOCATIONS S20,000.00 IN PROGRESS
$20,000.00 MAY 99
CITY OF LAKE ELSINORE STRIPING VARIOUS
t47LLIAM PAYNE LOCATIONS $64,983.00 IN PROGRESS
909-309-3720 $64,983.00 JUKE 99
PORT OF LONG BEACII
ANNUAL STRIPING $299,200.00 IN PROGRESS
925 HARBOR PLAZA ANNUAL STRIPING $319,200.00 JUNE- 99
LONG BEACH,CA 90801 ANNUAL STRIPING $319,200.00 JUNE 98
PAUL SHEETS PIER A CONSTRUCT S310,000.00 APRIL 97
562437-0041
PORT OF SAN DIEGO LINDBERGII FIELD
VERNON THOMPSON STRIPING AND $52,410.00 IN
PROGRESS
619-686-6200 MAINTENANCE S 153,200.00 JUNE 99
RELIANCE SURETY COMPANY PORT OF SAN DIEGO
PORT OF SAN DIEGO LINDBERGH FIELD $76,060.00 JUNE 98
STRIPING AND
MAINTENANCE
CITY OF RANCHO PALOS VERDES CITY%%gDE
30940 HA%4MIORNE BLVD. ANNUAL STRIPING
RANCHO PALOS VERDES,CA 90275 1998 S19,050.00 JULY 98
DEAN ALLISON 1996 S 9,845.63 JULY 96
310-541-6500
CITY OF LONG BEACH STRIPING AND SIGNING
ROBERT HOWARD PACIFIC COAST HIGHWAY
333 UT-ST OCEAN BL. S48,400.00 FEB 98
LONG BEACH,CA 90802
562-570-5473
1135 Fa:t Hill St. - POBox 16118 - Long Beach,CA 9L8.164618
Office: (562) 218-0504 - Fax: (562) 218-0634 - License#776784
It';" ICI.X1 00
-- y ` Parking &Highway Striping Contractor
AGENCY REFERENCES
AGENCY PROJECT VALUE CO'SIPLETED
CITY OF ORANGE STRIPING,MARKINGS
DEPT.OF PUB-WKS./TRAFFIC AND MARKERS
FY 99 100,000.00 IN PROGRESS
637 W.STRUCK FY 98 $95,600.00 JUNT-99
ORANGE,CA FY 97 $81,500.00 JUKE 98
CHRIS LA FACE FY 96 S81,500.00 JUNE 97
714-532-6426 FY 95 S93,500.00 JUN-96
CITY OF SANTA ANA CONTRACTUAL
20 CIVIC CENTER PLAZA TRAFFIC LINE
SANTA ANA,CA 92701 PAINTING
BARRY SLATE 98 $165,000.00 JUNE 99
714-647-3339 97 $119,163.00 JUNE 99
96 $1 l 8,163.00 JUNE 97
93-94 S38,000.00 JUNE 94
CITY OF ROLLING HILLS CITY%kgDE STRIPING $17,638.18 SEPTEMBER 96
2 PORTUGUESE BEND RD
ROLLING HILLS,CA 90274
310-377-1521
TOWN OF APPLE VALLEY STRIPING AND
PO BOY 429 MARKING FISCAL
APPLE VALLEY,CA 92307 YEARS 97-98. $69,000.00 JUNE 98
CLAUDE STEWART YEARS 94-96. S80,000.00 JUNE 96
619-240-7900 YEARS 93-94. $80,000.00 JUNE 94
1135 List Hill St. - PO Bo% 1611S - Long E►each,CA K 6-V618
Office: (562) 218-0504 - Fax: (562) 218-0634 - Licensc#776784
Local Assistance Procedures'Manual EXMBur t:-F.
VS&F Checklist Instructiuns Attachment
(THE BIDDERS EXECUTION ON THE. SIGNATURE PORTION OF THIS
PROPOS4L SHAL ,ALSO C ONSTITUTF,-l.t•ENDORSEMENT AND EXECC'TIO.V OF
THOSE CERTIFIC.MoNS 11111C'H.4RE rt PART OF THIS PROPOS.•I L)
EQUAL EMPLOYINIENT OPPORTUNITY CERTIFICATION
The bidder PCl Ltd ACaldolmialhnited - _ _ , proposed
tb«�ntractor , hereby certifies that he
has not_, participated in a previous contract or subcontract subject to the equal opportunity
.lauscs, as required by Executive Orders 10925, l 1114,or 11246. and that, where required, he has filed with
t' a 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
Entployrnelm Opportunity. all reports due under the applicable {filling requirements.
Notc: T::e above certification is required by the Equal Employment Opportunity Regulations of the
Se.rerar% of Labor(41 CFR 60-1.71 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 t%hich 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
Gabor.
February 1, 199;1
• Local assistance Prucedures 'Manual EXIllurr 12-E
r N\k Checklist Instructions attachment E
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49. CODE OF FEDERAL REGULATIONS, PART 29
The bidder, render penalty of perjury, certifies that, except as noted below, he:she or any outer person
.associated therewith in the capacity ofonner, partner, director, officer, manager:
• Is not currently under suspension. debarment. voluntary exclusion. or determination of ineligibility
by any Federal a_encv.
• Has not be_n 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 judgment 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 follo%%ing 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
dares of action.
.Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The ubw a certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
t 1.4.R•I
Pj,c 12-M I
Uchruary 1, 199X
' • ic•c21 Assistance Procedures Manual EXHIBIT 12-E
PS.&E Checklist Instructions Attachment D
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY/COUNTY of HUNTINGTON BEACH/ORANGE
DEPARTMENT OF PUBLIC FORKS'.
In accordance 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
fi:c 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.
Bidden are cautioned that making a false certification may subject the certifier to criminal
prosecution.
121.39
Page 12-47
February 1, 1993
focal Assistance Procedures m=aal EXHIBIT 12-E
PS&E Checklist Instructions Attachment E
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
Th a bidder, under penalty of perjury, certifies that. except as noted below, he/she or any other person associated
therewith In the opacity of owner,partner,director, officer,manager:
• Is not currently ender 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 judgment rendered against it by a court of competent
jurisdiction In any matter involving fraud or official misconduct within the past 3 years.
If mere are any exceptions to this certification, Insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, bu;will be considered In determining bidder
responsibility. For any exception noted above, indicate below to when It applies, initlating agency, and dates of
anion.
Nc:tes: 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 eonstiMe signature of this Certification.
February 1,1998
Lccal Assistance Procedures Manual EXHIBIT 12-E
T PS&E Checklist Instructions Attachment F
NONLOBBMG CERTIFICATION
FOR FEDERAL-AID CONTRACTS
Tlie prospe=:ive participant certifies, by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,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 employe_of a Member of Congress in
connection with the awarding of any Federal contract,the making of ary Federal grant,the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendmen%or modification of any Federal contract, grant, loan, or cooperative a?reernert.
(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
Con cress,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 accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
m--de or entered into. Submission of this certification is a prerequisite for making or entering into this
tmrsaction imposed by Section 1352,Title 31, U.S.Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than S 10,000 and not more than$100,000 for each such failure.
The prospcctive participant also agrees by submitting his or her bid or proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts,which exceed S100,000 and that all
such subrecipients shall certify and disclose accordingly.
t21.69
Page 12-51
February 1,1998
• Local Assistance Procedures Manual EXHIBIT IZ-E ,
PS&E Checklist Instructions Attachment C
DISCLOSURE OF LOBBYING ACTIVITIES
Camclete this form to dispose laty;no activities oursuant to 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: i
a mprad ❑ a. t;eterlapp�iraton ❑ A. ir:t`.:al }
t►.73M b. innal award b. rra:erfal vlange
d.1=
eagrcernent C. post-award For frfaterialChangeOnly:
IL un¢:aw%e year quarter
t to du++rince da:e of last repot
4. Name and Adress of Reporting Entity: 5. If Reparing Entityin No.41s Subawardee.Enter
❑ Pcnne ❑ 5ubawardee Name and Address of Prime:
Tier , if kncwn
Congressional Cistec'4 ifkno•,vn: Congressional Cistrict, ifknowr
S. Federal Cepartment/Agency. T. Federal Program NameMeseription:
CFDA Humber, dapprc/e_
8. Federal Acticn Number, ifknown: 9. Award Amount, ifk wn.
S
10. a. Name and Address of Ltbbying Entity b. IndividuPdme_r
forming Services (including edd.'essit
�f a'c':vid121,last name,frsf nan e,MlJ: diP,ereNa rt1aJ
1heetWifnecessary)
a pre. rst name,M!):
(attach C;,r6auaticn
11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply)
$ ❑ ac'.ual ❑ Flann
a. retainer
12. Form of Payment(check all that apply): b. one-Gore fee
a. cash C. cammissicn
b. in-Rind;reafy. nave d. contingent fee
e. deferred
va!ue f. other,sGecty:
14. Brief Cescripdon of Services Perforrne r to be performed and Date(s)of Service,including of'icer(s),
employee(s),er mentber(s)contact, ,for Payment Indicated in Item 11.
(at;arh Car,Br:uation Steel(s) if recsssery)
15. Contiaua•1on Sheet(si attached: Yes ❑ No ❑
16. wormaom ecmisi ftxS'i?.a t m is ar.*=ed 7r Tde 3t tI r—seder, S;Gn i ure:
1331 T*.d ds=ire at bbbrnq ac."wces is a marginal momsentabm of ba
upon nth,moo ce was o►amd ty$14 W above when tas WWMxtW Was Print Name.
made or fr Wm+rot 1*a 6xftn a rrpiared Wum 10 31 ti.S C 13S2
ntis nbnRaOon w.1 be mm%d 17 re Can ma mri-amuaoy and A be Title:
aratabre sx;ubk r:oecwL Any persm rrho rats a$4 ft regiw&dm�n
snag be u;W b a ow penaelr of nor un era,$10.000 and nor more dun Te!eAhcne No.: Date:
f 100.000 1x each such rsh,re.
AaC+a¢ed for lacer Re;bcucbo�
Federal Use Orly: e•,..,ee,._.rrr
r�nR�,.�C..,.n r Rw 1f'l•aC
Page 12-53
February 1,1995
�'. I ocal Assistance Procedurvi Manual V.XIIIIII I' 1:-E
J ' 11ti r f:Checklist Instructions Atrachitimt L
LOCAL AGENCY BIDDER-DBE INFORMATION
This in format toit may be submIttrd %%itIt your hid pro rusaI. if it is it kit. and %OLL are the apparent low
bidder or the second or third low bidder, it 111ust be submitted and receivcd by the administering_aL,encv no
later than the timespecified in the special ro%isions.
CO. RTE./P.M.: BIDDER'S�AC1Caffml�tlm WPMM-ft
CONTRACT NO.: ADDRESS:
_ Cr I NO os t. el It sr.
BID AMOUNT: -AC141 CA o oco
S
BID OPENING DATE: DBE GOAL MUM CONTRACT
ITL-M0 F X%0RI AND `Atth Oh D13L •• DOLLAR PLRt:ENT
CONTRACT DESCRIPTION OF WORK OR tNamcofDBEi.Certitication`umber. A%l0LNT •••
1TE: l NO. SULVICES TO BE and Telephone Number) ••• DBE
Si;BCONTRACTED OR MATERIALS DBE
TO BE PROVIDED
$ttDF*A Ak� r2G,o�o.vJ Jv�lo
Cr oz9q.9y, Lh ccA-93�3
rod.girl-2�13 3
Total Claimed SAoK Moe-
Participation
• II lows.of item IN not to be perturtned or furnt:,h.d b%, DI1L.de.cnbe exact portion.includ,ng planned location of%%Ork to
rtrtormed.of item to be r:rfornied or tumt%h,.d b. DICE
VUI:.,tmusi be certllied bk t altran:on the drte f:d%are opened 5ubeontraetom and iupplrcri ccrtrticd state•fundcd only
,:annut be used to meet_soak on fcdcrap% funded:untracts-
•' Credit cur a DUE supplier.uho is not a manuflcturcr i%1lmned to 611" of the amount paid to the supplier. (See Section
-Di.aJraniaeed Uuaines;'(DUE)ofthe ripccial provision,.)
IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above
should be consistent with the name and items of work in the "List of Subcontractors"
Submitted %%ith \-our 14d ursuant to the Subcontractors Listing Law.
\\"*—2!E�- -,
S-07-01 5-&2-?&0_Syq
SI_nature of Bidder Date (Area Coax)trl. No.
\A1,111 A.►, G SActi00_
Person tti Contact (Please type or print)
U,.inhuu,rr for%.11s Pngrct: I 1 t 11n6ut.i1-,..Bran%M.AF.G,r MIS Prnl%:ct..i"-1 C'npy-Lutal Asencr pi,gt.t lilt
Ih.inhuu,.ri:.,r IK.n-\ill Pf"JeCIN I I1 I Irigipul I.mal Aktn�.r prielt. tit
U1:1'I.I1F' 1'It\\11'11Kf.\T[O� jFrn mir-I%tell i:ii1)IX'.OI..ILI wrvir+•t>tl�1
Vchruary 1. 19')X
s'
r
CITY OF HUNTINGTON BEACH
2000 MAIN STREET • CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 12 2001
To: Traffic Operations, Inc.
216 Toby Way
Pomona, CA 91767
Enclosed please find your original bid bond issued by •Gulf Insurance Company
for Reflective Markers — CC No. 1140
Connie Brockway, CMC
City Clerk
Enclosure
QJfonowup►cashcorVretumbidbond.doe
Mfephone:714-536-5227)
i
a'
THE AMERICAN INSTITUTE OF ARCHITECTS•
61 BOND NUMBER: AE0657229
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
TRAFFIC OPERATIONS INC. Mere insert full name and address or legal title of Contractor)
216 TOBY WAY, POMOAA CA 91767
as Princ`iPpaI hereinafter called the Principal, and
G1:LF 11VSU�ANCE COMPANY [Here invert Vi name and address of Iegal title of Susetyf
9(:0 W.AELLIOTTT4ROAD, SUITE 212
TEMPEa corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (Here insert full name and addicts or legal title of Owne*)
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
a.s Obligee, hereinafter called the Obligee, in the sum of**TEN PERCENT OF BID AMOUNT*******
Dollars ($�Q * * ),
fcr the payment of which sum well and truly to be made, the said principal and th � rety,bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
CITYWIDE INSTALLATION OF REFLECTIVE MARKERS (Mere insert full name,address and dcscNption of project)
NOW, TNIREFORE, if the Obligee shalt accept the bid of the Principal and the Principal shall enter into a Contract
wi-h the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified In the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
pa;•ment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty
he•eof 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.
Sif;ned and seated this 8TH day of MAY 2001
TRAFFIC OPERATIONS, INC.
rinci al) (sear)
f
itn s}
/Ids/D -�7triuel
GAF URANCE COMPANY
(S ety} (Sea)}
(Wit ss
(Title
JULIA B. t_EONI .- ATTORNEY-IN-FACT
AIA DOCUMENT A310•BID BOND•AIA 0•FEBRUARY 1970 ED•THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W.. WASHINGTON, D.C. 20006 7
Pn'nfed on Recycled Paper 9193
` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of RIVERSIDE
On MAY 8, 2001 before me, S.L. KYSETH NOTARY PUBLIC
Name and Title of OfBcer(e.g.'Jane Doe,Notary Public)
personally appeared JULIA B. LEONARD, ATTORNEY IN FACT
Name(s)of Signer(s)
®personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)islefe subscribed to the within Instrument and
acknowledged to me that Wshel they executed the same in
his/herMe-f authorized capacitypesj,and that by
Mslherslt*W signature(s)on the Instrument the person(s),or
the entity upon behalf of which the person(s)acted,executed
the instrument.
WITNESS my hand and official seal.
S L IMEtH
CoMMh*M M 1274MI
Pk"public—C dada
San bomc), ino County Signature of Nota Pu is
My Comm.�5ep 1 Z FYI
OPTIONAL
Though the lnfonnatlon below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal andreattachrrent of this form to another document.
Description of Attached Document
Title of Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: JULIA B. LEONARD Signer's Name:
❑individual ❑Individual
❑Corporate Officer ❑Corporate Officer
Title(s): Title(s):
❑Partner---❑Limited []General ❑Partner—❑Limited ❑General
®Attomey-in-Fact ❑Attomey-in-Fact
❑Trustor/Trustee ❑Trustor/Trustee
❑Guardian or Conservator ❑Guardian or Conservator
[]Other: []Other.
Signer is Representing: Signer is Representing:
GULF INSURANCE COMPANY BOND
ST.LOUIS,MISSOURI NUMBER AE 0 6 5 7 2 2 9
PONVER OF ATTORNEY NAME, ADDRESS
PRINCIPAL OF THIS PO►VER OF ATTORNEY ARE PRINTED ON BLUE PRINCIPAL CITY, STATE. ZIP
SAlETY PAPER 11-IT11 TEAL INK. DUPLICATES S1LALL II:►VE THE
SAME FORCE AND EFFECTAS AN ORIGINAL ONLY►►7IEN ISSUED IN
CONK'NCIION WITH THE ORIGINAL TRAFFIC OPERATIONS, INC.
KNOWIS ALL NIF—i BY THESE PRESENTS:That the Gulf Insurance Com-
pany,a corporation duly organized underthe laws of the State of Missouri,having its 216 TOBY WAY
prncipal office in the city of Irving,Texas,pursuant to the following resolution, POMONA CALIFORNIA 91767
adopted by the Finance h Executive Committee of the Board of Directors of the said
Company on I)e 10th day of August.1993.to wit:
"RESOL'.'ED.that the President,Executive Vice President or any Senior vice
Pr-silent of tf ie Company shall have authority to make,execute and deliver a Power
of Attomey Constituting as Attorney-in-Fact,such persons,firms,or corporations as
may be sclect-_d from time to time;and any such Attomey-in-Fact may be removed EFFECTIVE DATE
and the authc ity granted him revoked by the President,or any Executive Vice
Rcsidenl, or rmy Senior Vice President,or by the Board of Directors or by the MAY 8, 2001
Finance attic!Executive Committee of the Board of Directors.
RESOLVED,that nothing in this Power of Attomey shall be construed as a grant
of authority tc the attomey(s)-in-fact to sign,execute,acknow ledge,deliver or oth-
erwise issue a policy or policies of insuratirce on behalf of Gulf Insurance Company.
RESOLVED,that the signature of the President,Executive Vice President or
anv Senior Vice President,and the Seal of the Company may be affixed to any such $---------"—'—'—"
Power of Attc-trey 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 bin[ng upon the Company in the future with respect to any bond and
documents rel.uing to such bonds to which they are attached:' $ **TER PERCENT OF BID AMOUNT*****************
Gulf Insurance Company does hereby make,constitute and appoint
^--w Kenneth A. Coate, Mark N. Gladding,Julia B. Leonard
its true and law rut attorner(s)-in-fact,%%ith full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its
behalf,as surer;+,any and all bonds and urdertakings of suret)•ship.and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,under-
takings and doe•iments relating to such bands and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said
attomcy(sHn-f.ict,pursuant to the authoMy herein given,are hereby ratified and confirmed.
The obligation c•f the Company shall not exceed one million(1.000.000)dollars.
IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
$�yPANC�r
y���pPOR��"009-0
GULF INSURANCE COMPANY
SEAL
�,ssoU�� P.
STATE OF NE►VYORK ; SS Lawrence P.11initer
}
Executive Vice President
COUNTY OF SINGS
On the 1311,day of April,2000A.D.,before me carte Lawrence I:Miniter,known tome personally who being by me duly sworn,did depose and sa);
that he resides in the County of Bergen.State of few Jersey; that he Is the Executive%lee President of the Gulf Insurance Company,the corporation
described In and which executed the above Instrument;that he knows the seal of said corporation;that the seal affixed to the said Instruments is such cor-
porate seal;that It was so allixed by order or the Board or Directors of said corporation and that he signed his name,thereto by like order.
• OpV 10.1Aic,�9 V Q�
V' DAVID JAFFA
q ►G )votary Public.State of New York
► '� Mt.QZJA4958634
STATE OF NEW YORK ) OFN Qualified In Dings County
} SS Commission Expires December 30,2001
COUNTY OF N ER'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 remalas In full force.
Sy
Signed and Sealed at the City of New York. d AANCLr C -
fi ff ff ff ll ff }} ff 4� pPOR,�r Q•jrA
SEAL Dated the 8TN d.ry of MAY 1=0 U1
AE0657229 '1321127• ssou
Ceorve Blancardi
8016-AE(4/2000) Senior Tice President
..,.�,.,
C1 t Y ULU';'
CiTY Di-
NUNTI::isl OR 101EAC,I,CA
d
V M
W a
>_j
ML.N>-; p Traffic Operations, Inc.
x : 216 Toby Way
N Pomona, CA 91767
SEALED BID
Citywide Installation of Reflective
& Non-Reflective Markers on Arterial
TD
Streets in the City of Huntington
Beach
DO NOT OPEN WITH REGULAR MAIL
I E 07 d 8- 011i moz
b3'113V30 N019°;I1M
30 A113
HU313 4113
SECTION C
1
PROPOSAL
for the
Citywide Installation of Reflective and Non-Reflective Markers on Arterial Streets
FEDERAL No. STPLIIG-5181(130)
CASH CONTRACT No. CC-1140
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACII:
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 uriIl 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
CON17RACT. 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«ill 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
PROJECT BID SCHEDULE
CC-1140
4tem Estxmstei� Tf �vxtlxuxak`px�ce � UxiYt AT Eactexided
Wjwnften 49 OnceAmount
1 72 000 Install Type A White Non Reflective Markers
each �j
@ Dollars $
Cents
Per each
2 191 500 Install Type AY Yellow Non Reflective Markers
each@ Dollars $ • `s $��7�I •
..j Cents
Per each
3 6 500 Install Type G One Way Clear Retroreflective Markers
each
@ Dollars $ • �� $ 7 Z x s
r>of Cents
Per each
4 39 500 Install Type D Two way Yellow Retroeflective Markers
each @ Dollars $ • O X, $ .ZS 67
.rl,xT y ,/G/A-V Cents
Per each
5 1 100 Install Type H One way Yellow Retroreflective Markers * f
each @ Dollars $ (o $
A--"X Cents
Per each
Total mount Bid in Figures $ �Zp�
Total Amount Bid in Words 44F v pyd'f/�rvusilid�,p _
* All markers are City Furnished to be installed complete by Contractor
C2
wly-04-2wi 15=10 H NTINGTON BEACH 714 374 1573 P.01i01
r
r
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
Tel. (714) 536-5431, Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
CITYWIDE INSTALLATION OF REFLECTIVE AND NON-
REFLECTIVE MARKERS ON ARTERIAL STREETS
CC- 1140
May 3,2001
Notice To All Bidders:
Please note the following revisions/cladriications to the Project Plans, Specifications and Technical
Provisions:
1. Section 310-5, page E-24, Removal of Traffic Stripes, Pavement Markings, and Railed
Pavement Markers: This project does not require the removal of any existing striping,
markings or markers prior to the Installation of raised pavement markers. Markers
will be placed directly on top of striping or adjacent to any existing markers.
2. Section 310-5, page E-25,Eavement Delineation Standards: Ali references to "epoxy"
Shall be changed to"bituminous" adhesive.
3. Section 310-5, page E-25,Pavement Delineation Standards: All non-reflective markers
supplied by the City will be plastic, pot ceramic.
This modification does not change the Engineer's Estimate for this project.
This is to acknowledge receipt and review of Addendum Number one, dated May 1,2001.
7,-17QCr%/G O�j✓IAT/4�YS /yG.
Company Name AY
s-B -/
Date
Ali bidders must acknowledge the receipt of this Addendum with your bid proposal.
Should you have any questions regarding this Addendum, please call Bob Stachelski at(714) 375-
5086.
TnTU P A 7
If awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may,at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find 4• I in the amount of S /49 which
said amount is not Iess 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 Nn. Dale Received er's Si ature
E= I
C-3
LIST OF SUBCONTRACTORS
r
In accordance with Government Code Section 4144,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:
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
famished by subcontractor for this project.
C4
NONCOLLUSION AFFIDAVIT
r TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
being first duly s orn, dep ses ys that he or� is
Of e lie parry ma[ci g the
foregoing bid that the bid is not made in the in est of, dr 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.
T/I.4�i�/G oPilllTi®•rs ivc..
e of Bi er
Signature of Bidder
Ye*4 ce
Address of Bidder Y17or7
Subscribed and sworn to before me this-day of M 4 , 2001
A.R.DADABHOY
COMM.#1208446
Notary Public-California my
W LOS ANGELES COUNTY .+
NOTARY PUBLIC My Caren.Exp.,lan.26,2003
NOTARY SEAL
c
UTILITY AGREEMENT
1IONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH,CALIFOWNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract,known as the Citywide Installation of Reflective and Non-Reflective Markers on
Arterial Streets,(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 S, California Administrative Code, Section 2700, as
follows:
r "Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements,Public Utility Commission orders,
and State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Contractor
Wti-tiaA/ a . s
y
` Title
Date:
C-6
DISQUALIFICATION QUESTIONNAIRE
n
r
In accordance with Government Code Section 14310.5,the Bidder shall complete,under penalty
of perjury, the following questionnaire.
QUESTIO�'AIRE
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?
13 Yes 7No
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
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing.the performance of the work of this contract.
,7W.4fi0/G O��.l�Tits rs/yam.
Contractor
By
A/L�s/Derr
Title
Date: jr-4
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder Name
Business Address
'6p AJa�/.� G-9 9/767
City, State Zip
(Y09) g Ss ;Z
Telephone Number
�-
State Contractor's License To. and Class
6- ,7-.z - 197,�
Original Date Issued
Expiration Date
The work site was inspected by &APA'A' 44sYrof f of our office on .f�� ,200,1.
The following are persons, firms,and corporations having a principal interest in this proposal:
C-10
• The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Co N e
le
Signature of Bidder
A 1z
Printed or Typed Signature
Subscribed and sworn to before me this day of f� , 200E .
A.R.DADABHOY
a COMM.#1208446 M
N r d Notary Public-California y
W LOS ANGELES COUNTY r►
NOTARY PUBLIC .., MY Comm. P Jan.26,2003
NOTAR 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 G/o G •4 t/li1,0VW_ M CP
Name and Address of Public Agency
Name and Telephone No. of Project Manager: 1,.jf �O/Y�/f0� 909 59��•�7��
Sep, ~ s"110P/410f -,/1/�Oyil O.- / 4O/-d/�
Contract Amount Type of Work Date Completed
2. G/o �4/l c 4,014 //Bao �v�D/l��C 4D _ 9/i6�
Name and Address of Public Agency
Name and Telephone No. of Project Manager: P4jVO —1,t6
.70'0' vae ,S'/11.001iq�i V ,lo/��
Contract Amount Type of Work Date Completed
3 % /lOS�iV411r" S,238 y 8G ro _ 9/770
Name and Address of Public Agency
Name and Telephone No. of Project Manager: yo�foo" o"?/
Contract Amount Type of Work Date Completed
C-11
i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 12 , 2001
To: -Safety Striping Service, Inc.
P.D. Box 669
Visalia CA 93279-0669
Enclosed please find yourcriginal bid bond issued by Insurance Company of the West
for Installation of Markers on Arterial Sts.
CC No. 1140
Connie Brockway, CNIC
City Clerk
Enclosure
p 1logovwprcashcoWrelumbidbond.doc
17ralephanc 714.53642271
f
x•
I.C.N.GROUP
F)INSURANCE COMPANY OFTHE WEST
❑EXPLORER INSURANCE COMPANY
[]INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 EL CAMINO REAL,SAN DIEGO,CA 92130-2035
P.O.BOX 85563,SAN DIEGO,CA 92186-5563
(619)350-2400 FAX (619)350-2707
BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we,SAFETY STRIPI',NG SERVICE,INC.as Principal,hereinafter called
th--Principal, and INSURANCE COMPANY OF THE WEST a corporation duly organized under the laws of the state of
CALIFORNIA as Surety,hereinafter called the Surety,are held and firmly bound unto CITY or HUNT WGTON BEACH
as Obligee, hereinafter called the Obligee, in the sum of 10% OF AMOUNT BID Dollars (S******), for the payment of
which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators,successors and assi&,ns,jointly and severally,firmly by these presents.
WIIEREAS,the Principal has submitted a bid for MAY 8,2001
NOW, "THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment
of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another patty to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full
fore and effect.
Signed and sealed this 30TH day of APRIL,2001.
y _SAFETY STRIPING SERVICE. INC.
�/� ✓'��+� (Principal) (Seal)
(Witness)
(Title) 10111SA PRESTON, VICE PRESIDENT
n INSURANCE COMPANY OF THE WEST
1 I (Surety) (Seal)
(Witness) OXCA&Z CA-Xi
'
MA AN COTE'
Atto ey-In-Fact
No. 0002981
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company.
r
KNC:W ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the Sate of California, r
Explorer Insurance Company,a Corporation duty organized under the laws of the Ste:e of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the Sate of Texas,(collectively referred to as the- omaanies'l do hereby appoint
81ARL►.N COTE,CLIFFORD DLIN"SAR,STANLEY S-SL1�SON A-ND DR-MS I�vII.i.IA%IS
their true and lawful Attorneys)-in-Fact with ra$uority to date,execute,sign.scal,and Miver on behalf of the companies,fidelity and surety bonds,undertakings.
and ether similar contracts of v=tyship.and any related documents.
IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
oqw� .
LNSCRA.NCE COHPANY OF THE R'SST
&1PLORER LNSLMA.NCE CONMANY
X SEAL i LtiDEPEN'DENCB CASUALTY AND SURETY Co�11PANY
Jorn H.Craig,Assistant Secretary John I..Hxmum,Executive Vice President
State cf California
County of San Diego Ss.
On January 16.2001.before me.Norma Porter.Notary Public,personally appeared John L.Hanrnrn and John H.Craig,personally known to ate ID be
the pe-sons whose names are rabscrubed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their s:gaawres on the instrument,the entity upon behalf of which the persons acted,executed the instrurnenL
Witness my hand and official seal.
NORMA PORTER
COMM.#1257540 n
N011WYfi5SLSG-LN*9R41l Ih
MARCH 19.2004
Norma Porter,Notay Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals tinder suthority of the following resohrtions adopted by
the rev,-ective Boards of Directors of each of the Companies:
'RESOLVED: That the President,an Executive or Senior Vice President of the Company,wgrher with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attomey appointing the person(,)named as Attorney(s)4-Fact to date,execute,sign,
seal.and deliver on behalfof the Company.fidelity and surety bonds.undertakings,and other similar contracts of suretyship,and any related
docutsrnessta.
RESOLVED FURTHER: That the signatures of the officers nuking the appointment,and the signature of any officer certifying the validity
and current status or the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile represcritations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed The facsimile representations rererred to herein may be affixed by stamping,printing,typing,or
phowoopyin&'
CERTIFICATE
I.the trdersigned.Assistant Secretary of huuranoe Company of the West,Explorer Insurance Company.and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked.and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies.and are now in full force.
IN WITNESS WHEREOF,I have set my hand this T 30TH day of A_ _ PR I L_ 2001
John H.Craig,Assistant Secretary
To verify the authenticity or this Powys of Attorney you may all 14W-888-11 l l sad ask for the Surety Division. Please refer to the Power of Attorney Nuinber.
the above named indi-ddual(s)and details or the bond to which the power is attached
j,.
STATE OF CALI EARN I A _
SS.
COUNTY OF TULME
On ARC L_30.2001 ,before me, --LYNN_R- GALATRO, NOTARY PUBLIC
PEItiSONALLY APPEARED V RIAN COTE'
peronally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her!their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the LYNN R.GALATRO
entityupon behalf of which the person(s) acted, executed W4U(
cow r"�t� m
p NpTlL4Y PU8uGCAUFORMA W
the instrument. •.'aPFUVC1PAa. FFFIICEE AEf M
WI WESS my hand and official seal.
Signatu D This aren for Offt cL71 Noinrial Seat
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fra.-ldulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
miEcs)
TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
H/Uo E OF PERSON(%OR ENrrf pES) -
SIGNER(S)OTHER THAN NAMED ABOVE
10,091 Rcv•6/94 ALL-PURPOSE ACKNOWLEDGEMENT
■�SAFETY STRIPING
>, SERVICE, Inc.
Corporate Office '
P.O.Box 669 '
Visalia,Caldomia 93279-0669
SINCF 1950
TO: CITY CLERK, CITY OF HUNTINGTON BEACH
2000 Main Street, Second Floor
Huntington Beach, CA 92648
SEALED BID FOR CITYWIDE INSTALLATION OF
REFLECTIVE & NON-REFLECTIVE MARKERS ON ARTERIAL
STREETS IN THE CITY OF HUNTINGTON BEACH -- DO
NOT OPEN WITH REGULAR MAIL
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RECEIVED
CITY CLERK
CITY OF
HUNTINGTON BEACH,CA �-
2001 MAY -1 A ft Ob
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SECTION C
r
PROPOSAL
for the
Cit)-ivide Installation of Reflective and Non-Reflective Rlarkers on Arterial Streets
FEDERAL No. STPLIIG-5181(130)
CASH CONTRACT No. CC-1140
in the
CITY OF IIUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUN"TINGTO`' 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
PROJECT BID SCHEDULE
CC-1140
.Item. Estimated zn" Item,with unit,price Unit Extended
No.- 'written in words Price Amount
1 72,000 Install Type A White Non-Reflective Markers
each
@ No Dollars $ .64 $ 46,080.
Sixty—Four Cents
Per each
2 191,500 Install Type AY Yellow Non-Reflective Markers
each
@ No Dollars $ .64 $122,560.
Sixty—Four Cents
Per each
3 6,500 Install Type G One-Way Clear-Retroreflective Markers
each
@ No Dollars $ .64 $ 4,160.
Sixty—Four Cents
Per each
4 39,500 Install Type D Two-way Yellow Retroeflective Markers
= each
@ No Dollars $ .64 $ 25,280.0
6
Sixty-Four Cents
Per each
5 1,100 Install Type H One-way Yellow Retroreflective Markers
each
@ No Dollars $ .64 $ 704.
Sixty—Four Cents
Per each
Total Amount Bid in Figures: $ 198,784.00
Total Amount Bid in Words: ***ONE HUNDRED NINETY-EIGHT THOUSAND
SEVEN HUNDRED EIGHTY-FOUR AND NO/100 DOLLARS ***
* All markers are City Fumished to be installed complete by Contractor
C-2
If awarded the Contract,the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
s 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 in the amount of$ 19,878.40 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"Biddees Bond",as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda Alo Date Received Bidder's Signature
C-3
n�
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104,the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Mork Number
NO SUBCONTRACTORS WILL BE USED ON THIS PROJECT
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
NONCOLLUSION AFFIDAVIT
A TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
LOUISA PRESTON , being first duly sworn,deposes and says that he or she is
_ V.P./CORP,QRATE SECRETARY of SAFETY STRIPING SERVICE. 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.
SAFETY STRIPING SERVICE, INC.
Name of Bidder
ADW
Sign ture of Bidder
Louisa Preston, V.P./Corporate Secretary
P.Q. Box 669
Visalia, CA 93279-0669
Address of Bidder
A
Subscribed and sworn to before me thisday of , ,200 .
I3NNlE G.CASFlLLO
C041PJ.#t1231913 -+
WWII(
NOTARY PUBLIC .Q, Q-d r7 • �(� My toM.E'ires Aug.1o•2003
NOTARY SEAL
C-5
UTILITY AGREEMENT
r '
TIONORABLE MAYOR AND CITY COUNCIL
CITY OF HiJNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract,known as the Cittivide Installation of Reflective and Non-Reflective Markers on
Arterial Streets,(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 Cody:, 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.
SAFETY STRIPING SERVICE, INC.
Contractor
By
Louisa Preston
V.P./Corporate Secretary
Title
Date: APRIL 30, 2001
.. C-6
DISQUALIFICATION QUESTIONNAIRE
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 U 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.
G7
COMPENSATION INSURANCE CERTIFICATE
•J 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.
SAFETY STRIPING SERVICE, INC.
Contractor
l
By
Louisa Preston
V.P./Corporate Secretary
Title
Date: APRIL 30, 2001
C-8
UNDERGROUND SERVICE ALERT
tf. 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 1-8004224133
a minimum of two workin;days before scheduled excavation.
Dig Alert Identifications Number: _
Contractor
By
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S A.
during the course of the Work. Additional forms may be obtained from the AGENCY
upon request.
C-9
BIDDER'S INFORAL&TION
BIDDER certifies that the follo%nng information is true and correct:
SAFETY STRIPING SERVICE, INC.
Bidder Name
8330 WEST DOE AVENUE
Business Address
VISALIA, CA 93291
City, State Zip
(559 ) 651-1022 _
Telephone Number
#380669, Classes A 6 C32
State Contractor's License No. and Class
IN BUSINESS SINCE 1950
Original Date Issued
5/31/02
Expiration Date
The work site teas inspected by LARRY SPITLER of our office on APRIL 19 2001,
The follov ing are persons, firms,and corporations having a principal interest in this proposal:
SAFETY STRIPING SERVICE, INC.. a California corporation
PRESIDENT/MANAGER: David L. Pre Prest n
CORPORATE SECRETARY: Lmtjsa_N_ _Preston
TREASURER: Ltigifa_E-gpitlp
C-10
• The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
r► financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
SAFETY STRIPING SERVICE, INC.
Company Name
V
Signdture of Bidder
Louisa Preston
V.P./Corporate Secretary
Printed or Typed Signature
Subscribed and sworn to before me this�Way of , 2001 .
y ANNIE G. CAS71LLO
T9, / COMM.#1231913 -+
GI�J :3 c� NOTARY PUBLIC-COUNTY
CALIFORNIA
NOTARY PUBLIC 1 .LAREEmir couNn
" �� My Comm.Ex it
NOTARYSPEAL
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• COUNTY OF NEVADA, 12548 Loma Rica Dr. , Grass Valley. CA 95945-8617
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Mike McCormick
(530) 265-1411
$165,000 Striping Various County Roads nrtnhar, 2000
Contract Amount Type of Work Date Completed
2• COUNTY OF TULARE, 5851 S. Mooney Blvd. , Visalia, CA 93277
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Michael Miller
(559) 733-6654
$500,000 Maintenance of Various Co. Roads December, 2000
Contract Amount Type of Work Date Completed
3• CITY OF VENTURA, P.O_ Rox 99, Vantnra, C,A-93002-0099
Name and Address of Public Agency
Name and Telephone No. of Project Manager: John Rider
(805) 654-7800
$130,000 Maintenance of City Roads June, 2000
Contract Amount Type of Work Date Completed
C-11
F#
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1691 wo '0'd
COPIES TO:
Front Desk Engineer City Clerk
CITYWIDE INSTALLATION OF
REFLECTIVE AND NON-REFLECTIVE
VE
MARKERS
CC -- 1140
Bid Date MAY 89 2001 @ 2PM
(Engineer's Estimate: $140,000)
BID LIST
BIDDER'S NAME RANK TOTAL BID
AMOUNT
1. CHRISP COMPANY Z $ oa
Iql 3Z3
2. J. & S. SIGN CO1%1PANY $ lq I!'7'Z q
3. ORANGE CO STRIPING SERVICES $ `� f
4. PACIFIC STRIPING $ o0
.> P. C. I.
F SAFETY STRIPING SERVICE $ r a $ $ o O
STERNDAHL ENTERPRISES, INC. $ -+
S. TRAFFIC OPERATIONS INC. $ �O �D ail
9. WORKS STRIPING & AIARIUNGS SVC. � S 232 � -0
10. S
11. S
12. $