HomeMy WebLinkAboutGMC ENGINEERING, INC - OCTA GRANT - 2005-04-18 (2)ME&
N�
RECEIVED BY.
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
1:0. j , CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO Sh*Freidaenrich, Clty TreasurerFROMDATE• 1i5�•, U
SUBJECT Borid Acceptance
I have received the bonds for /
(Com, p",any Name)`
Faithful Performance Bond No. U
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No /
CC No �(
MSC No
Approved Agenda Item No.
(Council Approval Date)
City Clerk Vault No — 6
#27 g /followup/bondletter dac
f
City of Huntington Beach
INTER -DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO:' T OSE LISTED HEREON
FROM: Eric Charlonne, Construction Manager
DATE: April 24, 2006
SUBJECT: Retention Release Payment
Company Name: AMC Engineeering, Inc_
Address: 1401 Warner Avenue Ste.B.
City, State and Zip Code: Tustin, CA 92780
Phone Number. (714) 247-1040
Business License Number. Al s4s32
Local Address: N/A
Notice of Completion Date: December 22, 2006
Contract Purpose: Retention Release for Cash Contract 1162 Brookhurst/Adams intersection Project
The conformed copy of the Notice of Completion for the above contract has been fled.
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 bject at this
Y-Zc-aG - _(ax,
Date f� Robert F. Beardsley, Public Works Director
I!_ 4�, Rt=_q
I certify that there are no outstanding invoices on file.
ya s'CIL 4QX _
Date hari Frei enrich, City Treasurer
certify that no stop notices are on file on the subject contract, and that a guaranty bond
has been filed with this office.
ate Joan Flynn, 94 Clerk
1162 retention release memo.doc 412412006 3-11 PM
PLEASE COMPLETE THIS INFO,. .TION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Robert A. Martinez
P.O. Box 190 — 2000 Main Street
Huntington Beach, CA 92648
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
III!II1111i11!IIIIII�I!lIIIIhIIIIIilIIIIIIliIlIIIIllllllllllllllll!lIiIIINo FEE
2005001023973 02:43pm 12/22/05
105 4 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TITLE OF DOCUMENT:
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA
92648, that the contract heretofore awarded to GMC Engineering, Incorporation who was the company thereon for doing
the following work to -wit:
BROOKHURST STREET AND ADAMS AVENUE INTERSECTION IMPROVEMENTS; CC-1162
That said work was completed December 15, 2005 by said company according to plans and specifications and to the
satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public
Works on December 15, 2005, per City Council Resolution No. 2003-70 adopted October 6, 2003.
That upon said contract First National Insurance Company Of America was surety for the bond given by the said
company as required by law.
This document is solely for the official business of the City of Huntington Beach, as contempled under Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this December 20, 2005. n
Virecfor of PubliMofks oMity Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange ) ss:
City of Huntington Beach )
I, the undersigned, say: i am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF
COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my
knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that id NOTICE OF COMPLETION was duly
and regularly ordered to be recorded in'the Office of the County Recorder of Ora County.
Dated at Huntington Beach, California, this December 20, 2005 'T '1 /
Director of Public Works or City Engineer
City of Huntington Beach, California
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
00-.059-TITLE PAGE (R7/95)
RECEIVED BY:
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's office
after signingldating
~ CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
t, A--D
TO: Sh - Freidenrich. City Treasurer
FROM:
DATE: In 4
SUBJECT: Bolid Acceptance
i have received the bonds for -
(cc ny Name)
_ Q
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No. 6-3-3,53�.5
6Ax-�-� 6 33
Re: Tract No.
CC No.
MSC No.
f
Approvedv/v/6d Agenda Item_ No.
(Conn(l 4provtfl Date]
City Cleric Vault No.
r
027 gJT011owupr)0ndietter.doc
MAINTENANCE BOND
Bond No 6335315
Premium: Included
KNOW ALL MEN BY THESE PRESENTS, That we, GMC Engineering, Inc_
(hereinafter called the Principal), and First National Insurance Company of America
(hereinafter Called
the Surety), are held and finely bound unto the City of Huntington Beach
(hereinafter called the Obligee), in the full and just sum of Four Hundred Fifty Thousand One
Hundred Five and 891100 Dollars
Dollars, lawful money of the United States, for the payment of which, well and truly to be made. we bind
ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, said Principai has entered into a certain contract with the Obligee da!ad
April 27, 2005 , for
Brookhurst Street and Adams Avenue Intersection Improvements, CC-1162
AND WHEREAS, as a condition of acceptance obligee requires that, GMC Engineering, lnc-
should guarantee Brookhurst St_- and Adams Blvd. Intersection Improvements for a period of
One (1) yearly), then this obligation shall be null and void; otherwise to remain in full force and
effect
Signed, sealed and delivered March 20, 2006
Witness as to GMC Engineering, Inc.
Principal BY
FROtlED A ' O FO 1:
NNIFER c{iRAT�-1����A'ttornc>�
First National Insurance Company of America
By- of
Je r 4 R. e. Attorney -in -Fact
5-3749CGEEF 3MI FRP
S A F E G o POWER
OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34526
SEATTLE-, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE- WA 9A124-1626
No. 9392
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint
•..................................................fETFERY R GRYDE, Coca Mesa, Califurria.....................................................
its true and lawfti eitomey(s),n-fact. with full autttonty to execute on behalf of the company fidelity and avety bonds or undertakings and other docurienLs of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by Its regularly elected officers at its home office
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attesled these presents
tins 7th day of Augtut 2603
41 I
Q C—
CHRIS77NE MEAD, SECRETARY LAKE NfCGAY1CK, PRESIDENT
CERTIFICATE
Extract from the By-Lawsof FIRST NATIONAL INSURANCE COMPANY OF AMERICA
'Article V. Section 13 - FIDELITY AND SURETY BONGS . the President, any Vic* PresrdenL the Seuetary, and any Assistant Vice President appointed for that
purpose by the officer rn charge of surety Operations, shall each have authonly to appoint individuals as attorneys -in -fact or under other apprC4wate UUAx wrath
au(fri]nty to execute on behalf of the company fidelity and surety bonds and other documents of svritar character issued by the company ut the oourse Of its
business On any instrument making or ervidencing such appointment. the signatures may be affixed by facsirrble On any instrument conferring such authority Or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in arty other manner reproduced, provided. however.
ttt:kt the seal shall not be necessary to the validity of any such rrtstnanent or undertaking "
Extract from a Resolution of the Sn-yd of Drrer:lnrs of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970
'On any certificate executed by the Secretary or an assistant secretary of the Company settng out,
(i) The provisions of Article V. Section 13 of the By -Laws. and
(u) A copy of the powerofatiomey appointment, executed pursuant thereto, and
(rir) Certifying that said power.ofanorney appointment is in hie force and effect.
the signature of the Certifying officer may be by facsimite, and the seal of the Company may he a facsrmle thereof
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA do hereby oerbly that the foregoing extracts Of the By -Laws and of a
Resolution of the Board of Directors of this mrporation, and of a Power of Attorney issued pursuant thereto. are true and oorrect, and that both the By -Laws. the
Resolution and the Power of Attorney are still in fuel force and effect
IN WITNESS WHEREOF, 1 have hereunlO ,set my hand and affixed the fammite seal of said corporation
S•rO494FNEF 7198
tttis 20th day of March . 2006
SEAL �
�+ CHRISTINE MEAD, SECRETARY
® A registered rad.wnam o' SAFECO C-.w"etiw
0M Tr2001 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of.Q rs��ie 5--- --- - -
--
On
March 20, 2006
-_ before
— Os1e — — — -- — — — O Nerx ra roe DIC1+txr. to p - •ho. nt o. r+ou.,
personally appeared e«_3--_�����______________________._.
Nimgsi d syatsi
CF1Rt51SNE SANE THATCHER
.f
Commission # 1396020
Notarlr Pub11c - Calrfornla
Los Angeles County
Comm. Expires tan 26. 200'
personally known to me
E ; proved to me on the basis of satisfactory
evidence
to be the person whose namef0 ishi*e
subscribed to the within Instrument and
acknowledged to me that he./sbW*ey executed
the same in his/he *mw authorized
capacity(fae), and that by his/her'lttmir
signature(p) on the instrument the person(x), or
the entity upon behalf of which the person(X)
acted, executed the instrument.
WITNESS Avznd and official seal.
sgrir •c 01 W+ y Pwrr
OPTIONAL
rhaugh the 1nrom3fton below 1s nor rerturred by taw, rl fray prove kaluabfe to perSPns relying on the d(x umenr afxl could prekent
haudutent removal and reartachmenr at this form to another document
Description of Attached Document r
Title or Type of Document:_ _ _. _ 1- _
Document Hate-----____ _ Number ofPages:
___-____
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:-------------------------
----------
L i Individual
r i Corporate Officer — Title(s)
i.: Partner -- r ; Limited !=1 General
)[ Attorney -in -Fact
i ! Trustee
1
r i Guardian or Conservator
j I
Othec------------__---------------------------
}
I
C rYYl r4�:oti N^cel As�o[.arw • 3J50 rh Sa= �•e f J N�.:+.: • L a ..a n- CA i:313 2�C. • r rra n v+a Ary Orq Pr. NC 5907 rlcr do : 4 luW-f." 1.9]6 S%C Wr
CALIFORNIA ALL-PURPOSPACKNOWLEDGMENT
0
State of CALIFORNIA
County of
ORANGE
On J tJSr� before me, SANpRA JO WINBERRY. NOTARY _P_URI-IC ,
Dais Nww w4 Too of ORcw is p-.'.lam Dos. rotary Pubbn
personalty appeared GENNADY CHIZHIK
Nano(s) of Srgrwgs)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
sArroaA rOvwlftr or the entity upon behalf of which the person(s) acted,
- Camn*aion # 1bCV3s9 executed the instrument.
Nolary AMC - Cd OMb
tiArrCanwn WITNESS my hand and official seal.
sgrwnxs of rbwr PuOa c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name-
0 Individual
&Corporate Officer
Title(s): pgESID
❑ Partner — G Limited I 1 General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of tht,ma here
Signer Is Representing-
GMC ENGINEERING INC
1491 Warner vg Ste B
Tustin, CA 92780
Signer's Name:
J
❑
�I
L
n
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — G Limited ❑ General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
f RIGHT THUMBPRINT
OF SIGNER
Top of [hurnt) here
0 1994 NaDnW Notary Assoaa6on • 8236 Rammet Ave. PO Boz 778a • Canoga Put CA 9 t 309-7184 Pmd No. S W7
PAncoor Caa ToE-F roe I.OW87fr6827
CONSENT OF SURETY TO RELEASE OF OWNER CI
RETAINAGE ARCHITECT ❑
Conforms with the American institute of CONTRACTOR ❑
Architects, ALA Document GTOTA SURETY [XI
OTHER ❑
TO OWNER- CONTRACT FOR.
City of Huntington Beach Brooldwfst Street and Adams Avenue Intersection Improvements; CC-1162
CONTRACT DATED:
April 27, 2005
In accordance with the pro%isions of the Contract between the Owner and the Contractor as indicated above, the
First National Insurance Company of America
, St.RETY.
on bond of GMC Engineering, Inc.
r:On MACTOk
hereby appraWs the teduction in or partial relinisr of retaimge to the Contt:acuir & fitilou , 100% Release of Retention
The Surety agrees that such reduction in or rxiniah rdca.+e of rcuirnge to the Cwarrvtor Shull not relieve the Surety of any of Itti ubhg rn,ins fo
as set fonh m apd si:reys bond Bond No. 6335315
LN wrrNEss wtl>r ov the Surety has hcmiflio sct its hand or. this Cate March 20, 2006
11-1— /ir nrnri f.!'.,,+rd !w dr .,„M_ r, a bar —d .err
Attest
(Sea[)
tt% Cityof Huntington Beach oaTER
First National Insurance Company of America
By. —
(.C,r un awe rr[ rYh r �r,c /rwtw')
Lefty R. Gryde, Attorney_in_Fact.. 4
(Primed rame wrj w1e)
S-2133AGEEF 12M
car
is
S A F E CO' POWER
FIRST NATIONAL SURETY OF ATTORNEY
PO BOX 34526
SEATTLE, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO Box 341jz6
SEATrLE. WA W24.1626
No. 9392
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Wast"ton corporaton. does hereby appa+nl
...................................................NET FERY R GRYDE. Cessna Mist califomm— ...................................................
its vue and lawful anomley(s).n-fact, with full authority to execute on behalf of the company fidefty and surety bonds or u ndeftakings and other documents of a
sinnlar character issued by the company in the oouse of its business. and to tend FIRST NATIONAL INSURANCE COMPANY OF AMERICA Ihereby as fully as
if such uistrumants had been duly axecrted by its regilarty elected officers at its home office
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 71h day of Augurs 2003
CHRISTINE MEAD, SECRETARY IRIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from he By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
'Article V. Secbav 13 - FIDELITY AND SURETY BONDS .. the President, any Vice President. tlhe Secretary. aril any Assistant Vim President appointed ktr that
purpose by the officer in charge of suety operations. shall each have authority to appoint irldwvduaK as attorneys -urn -fact or ender other appropriate titkts with
authority to execute on behalf of the company fdeliy and surety bands and other documents of s+nnlar Character issued by the Company in the course of its
buvness On any in5trumeril making or &.iderK7ng such appointment, the sgnafeses may be affixed by faCSrmle On any instrument conferring such aufhonty cur
on any bond or undertaking of the oortvpany. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however_
that the seal shall not be necessary to the vatidiy of any such instrument or uxlert.-duuvg'
Extract Isom a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970
"On any cem". to executed by the Secretary or an assistant secretary of the Company setting out.
(,) The prrm4nns of Article V. Section 13 of the By -Laws. WA
(uj A copy of the power of-atlomey appointment, exewfed pursuant thereto. and
(w) Certifying that said powerof-attorney appointment is in ftdl force and effect.
Ixt signature of the cortify,ng officer may be by farsanv[e, and the seal of the Company may be a farximvle therA&
1. Christine Mead. Secretary of FIRST NATIONAL INSURANCE COIIaPAHY OF AMERICA, do hereby certify that The foregarig extracts of the By -Laws and of a
Resolution of to Board of Dtfectom of this corporation. and of a Power of Attorney issued pursuant thereto, are" and coned. and that both the By -Laws. the
Resoh,tion and the Power of Attorney are stll in IJI force and effect
IN WITNESS WHEREOF, I have hereunto set my Maned and affixed the facsimile seal of sad corporation
SEAL
~0928 2
S -t Q/9/FNF.F 7r98
this 20th
Ckly of
March 2006
CHRISTINE MEAD. SECRETARY
4D A cegiverod italemaek ar SAFECO Gn.perxnm
08r0712003 t'O.
LJ
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofUb f C S -- - - - ss.
On
March 20, 2006 -� i
_ before me, �e e "T1nQ.th �. .
Daft Hum am foe a off w to Q.'Jan on. ft"V Plaac�
personally appeared _ e �`� K - QM 4 e
NWW21 of s.Qwt.1
Apersonalty known to me
F) proved to me on the basis of satisfactory
evidence
CHRISTINE JIWE MATCHER
ti Commission # 16020
39
Ll No Public - CalifomLa it
r
Los Angeles County
. `�+'3'� tiny Comm. Expires Jan 2b, 20Q7
to be the person* whose name(A is/we
subscribed to the within instrument and
acknowledged to me that helsWlfaey executed
the same in Ns/he. *eir authorized
capacity(ieb), and that by hislherJttme r
signature(Q on the instrument the person(p), or
the entity upon behalf of which the person(j()
acted. execul instrument -
WITLESS nd and official seal
s-f,aa C Of NUL.vt eLrc
OP77ONAL
Though the Worma hon below is not required by law, a ffvjy prove valuable to persons raying on Me docurnenr and ccvJkl preverll
lraudUtM renklvar and realfachmenr of ibis lame to arJofher doeJrmenf
Description of Attached Document
Title or Type of Document.
Document Date
S,gner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
&gner's Name:._.__ -.
Individual
U Corporate Officer--Titte(s}:.____
["I Partner--' ) Limited ❑ General
X Attorney -in -Fact
-) Trustee
i.I Guardian or Conservator
G Other
Signer Is Representing__ . __ ___.
Number of Pages: .. _-
0 1999 N,l la.!.r.7 Ad-,.", • 9J54 De sd-j Are _ PO 5 7 *2 - CA 91313 2-me - ./M+:u _w ou ya.'; Pr-f NO s5V., Pa d., Cab tpc F.w 1 aoo 8 6-WF11
lee 15 05 03:43p
Public0Works
714 374 1573
•
p.4
DECL_A TION CF sa; lsy.AC70N aF CLAIMS
6tq 41Y 6 liq 66C 1 ^t f7 / L , state:
e of
1. I am the general cortrsctar fcr the City of Huntington Beach, as tc the project mere
fully described in the public works carVaci en 'tied;
&fa/tu-.$�uv�thars�-
and dated
2. A workers and persons employed, all firms supplying materials, and all
sub tractcrs for the above -mentioned project have been paid in full,
�V C.l u V /NA P-67 riCe^-(S
3. T-ne fallowing are either disputed claims, or items in connection with Notices to
Withhold, which have been fled under the provisions or the statutes of the State of
California: CJ crone, state "NONE")
l declare under penalty -of per urry that the foregoing Is t 'Ue and correc6t � f
�i/ +'M C -A '�.L_ day of 410& '1 , 20 OP
Executed at � an 3his
(Lccatlon)
��aKcwc,pltd�csshcan2.�x
vrocecFnr� i�T �
(Sloature cf Co czar)
APPROVEDASTO FORM
;E,}MFER M4RATH, Cita•Aft=Qy
r?ul4aa 'I Z/ q's
Dec 15 05 03:43p
Pub 1 i , Works
714 37A 1573
p.3
i
Clty of Huntington Beach`
Department of Public Works
2000 Main Street'P.C. Box ISO
Huntington Beach, CA 92648
Subject: Certification or Campllance with Title ills of the Civil Rights .
Act and Equal Employment Opportunity Act os 1972
I
Gentlemen:
The undersigned, contractor on;
prcject Na. Title
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and
guards employed by him or by any subcontractor performing work under the contract on
the project have been paid wages at rates not less than those required by the contract
provisions, and that the work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or training program
provisions applicable to the wage rate paid.
(signature and ntlej
APPROVED AS TO FORM
JEN IFER ,McGRATR C1• q
8.c'J s�si+.ea c� f
Pr..4 CityAttoraey 7'(f r ��
i
RECEIVED BY:
M AnA
(Name)
f
(Date)
i
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Sh ' Freidenrich, City Treasure
FROM: 7- A
DATE: -I—Aw
SUBJECT: Bond Acceptance
have received the bonds for /mil (" 1-::"-A 14, ZA)-3---A-1 x
(company me)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
;-yr►-��� a,tiv 3 3/
Re: Tract No.
CC No. In
Agenda Item No.,
City Clerk Vault No.
#27 g:/followuplbondietter doc
CITY FUNDED CONSTRUCTION CONTRACT BIrTWEEN )JUNTINGTON BEACH AND
---== -=T 1-�`T►�s��'l 01-� —I�t �V��1 aG-�r--T's ; cam- l 1�z
THIS AGREEMENT ("Agreement") made and entered into this fBfl� day of
2065, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
a California-'� T1�
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as-- -5FZe6r NPrr 9SF"
EET
�-w AV#smS A*;vIFH Qe c n the City of Huntington
�J CC &1
EH 13�e��� I � �
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK-, ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost
and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other
items, services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising
out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from
agrmffonn%cdy consva-03 I
,
the action of the elements, from any unforeseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks of any description in
connection with the work, including, but not limited to, all expenses incurred by or in
consequence of the suspension or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully completing the work within the
stipulated time and in the manner shown and described in this Agreement, and in accordance
with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK-, PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below
in this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement
by this reference, with the same force and effect as if the same were set forth at length herein,
and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract
Documents insofar as they relate in part or in any way, directly or indirectly, to the work
covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
agree: forms` ily consU4-03 2
0
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto,
written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special
Instructions to Bidders and the CONTRACTOR's proposal, (which is
attached hereto as Exhibit "A" and incorporated herein by this
reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not
mentioned in the Specifications, shall be of like effect as if indicated
and mentioned in both. In case of a discrepancy between any Plans,
Specifications, Special provisions, or Addenda, the matter shall be
immediately submitted by CONTRACTOR to the Department of
Public Works of CITY (hereinafter referred to as "DPW"), and
agrcefonnN city consLA-03 3
0
CONTRACTOR shall not attempt to resolve or adjust the discrepancy
without the decision of DPW, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid
or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
l under the provisipps of this Agreement. or the Contract Documents, a sum not to exceed
�Tt►1`m� ��� `rpollars-($ 1� ' �, as set forth
f:i:)t4F-- R6L-L� IUD 5FVT=fJ"Flr flVII=-� -`�
in the Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after the Notice To Proceed is issued and diligently prosecute the PROJECT to
rOR'j`f Woj�1 N&
completion within (�-�e from the day the
Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents_
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth
in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all
agrce.fformsfcity consd4-03 4
other contractors, subcontractors, and CITY forces working on the PROJECT in a manner
that will facilitate the efficient completion of the PROJECT and in accordance with the terms
and provisions of this Agreement. CITY shall have complete control of the premises on
which the work is to be performed and shall have the right to decide the time and order in
which the various portions of the work shall be performed and the priority of the work of
other contractors, subcontractors and CITY forces and, in general, all matters concerning the
timely and orderly conduct of the work of CONTRACTOR on the premises.
6 CIIANGFS
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the prior written order or
acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that
have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately
to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to
such cost proposal, the work shall be performed according to the changes ordered in writing
by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by CONTRACTOR,- thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
agrcdforrr crty COMA-43 5
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR
by CITY. CITY does not warrant that the work will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability
of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension
equal to the delay due to such unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two
(2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%)
of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and
one in the amount of one hundred percent of the contract price to guarantee payment of all
claims for labor and materials famished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of
one hundred percent (100%) of the final contract price, including all change orders, to warrant
such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material
or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by
CITY of any defect in the work, shall have the option to make appropriate repairs or replace
agredformIciry cons.V4-03 6
the defective item or items. Upon expiration of such ten ( 10) day period, CITY may then
make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY.
CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services performed hereunder.
11. LIQUIDATED DAMAGESIDELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of calendar days
as set forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay. It is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of
Dollars {$�' bo ) per day for each and every
working day's delay in completing the work in excess of the number of working/calendar days
set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a
fair compensation for the foreseeable damages CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and
agrcc9ormslcrly cm%V4-03 7
further agrees that CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable
causes beyond the control and without the fault or negligence of CONTRACTOR, including,
but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine
restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of
the delay and CITY shall extend the time for completing the work if, in its judgment, the
findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the
parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the
work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting
for materials required by this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the
combined action of the workers, in no way caused by or resulting from default or collusion on
the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed
for the completion of the work shall be extended by the number of days CONTRACTOR has
thus been delayed, but no allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of
the cause thereof, and including without limitation the furnishing of materials by CITY or
agrmlomWcfty com!4-03 8
•
E
delays by other contractors or subcontractors, will be allowed and an extension of time for
completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions
are disturbed, notify DPW in writing of.
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the
Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual
nature, differing materially from those ordinarily encountered
and generally recognized as inherent to work of the character to
be performed under this Agreement. DPW shall promptly
investigate the conditions and if it finds that such conditions do
materially so differ and cause an increase or decrease in the
time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the
agreement modified in writing accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall
be allowed unless CONTRACTOR has given the notice required
hereunder provided, however, the time prescribed therefor may be
extended by CITY.
agree.'fomis/city constl4-03 9
0 to
13. VARIATIONS M ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment.
Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities
listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price
or time for completion shall be allowed if asserted after final payment under this Agreement.
If the quantity variation is such as to cause an increase in the time necessary for completion,
DPW shall ascertain the facts and circumstances and make such adjustment for extending the
completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will
be deducted and retained by CITY and the remainder of the progress estimate, less the amount
of all previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if
DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (100%) of
agreeforrm'cnry con 4-03 10
the value of the work completed since the commencement of the PROJECT, as determined in
its sole discretion by DPW, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the
filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the
manner required by law, each payment to be accompanied by a certificate signed by DPW,
affirming that the work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the certificate is due under the
terms of the Agreement. Partial payments on the contract price shall not be considered as a
acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon, CITY shall permit the
substitution and deposit therewith of securities equivalent to the amount of any monies
withheld by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors working upon the PROJECT
have been paid in full and that there arc no claims outstanding against the PROJECT for
either labor or material, except certain items, if any, to be set forth in CONTRACTOR's
affidavit covering disputed claims, or items in connection with Notices to Withhold, which
have been filed under the provisions of the statutes of the State of California.
agreeirom7scity const;'4-03 I I
I • i
17. WAIVFR OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers
from and against any and all, claims, damages, losses, expenses, judgments, demands defense
costs, and consequential damage or liability of any kind or nature, however caused, including
those resulting from death or injury to CONTRACTOR's employees and damage to
CONTRACTOR's property, arising directly or indirectly out of the obligations or operations
herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, including but not limited
to concurrent active or passive negligence, except where caused by the active negligence, sole
negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at
its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel.
This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONTRACTOR.
19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
TMOT 7D A XTf'T:
Pursuant to California Labor Code Section 1861, CONTRACTOR
acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer
agree!forms/city consb'4-03 12
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 obtain and furnish to City workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms
of the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance
and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the scope
of their duties, against any and all claims arising out or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy
shall name CITY, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
agree furrr19/clry const,14-0Z 13
coverage which may be applicable to the PROJECT shall be deemed excess coverage and that
CONTRACTOR's insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR
shall furnish to CITY certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; the certificates
shall:
1. provide the name and policy number of each tamer and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations
as set forth under this Agreement. CITY or its representative shall at all times have the right
to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay,
in a prompt and timely manner, the premiums on all insurance hercinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,
agredformslcny consU4.03 14
elected and appointed officials, employees, agents and volunteers as Additional Insureds, to
the City Attorney for approval prior to any payment hereunder.
22. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice to
CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction
which arises out of performance of this agreement within ten (10) days of receipt of such
claim or claims.
23. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR
notice in writing of its intention to terminate this Agreement. Unless the violation is cured
within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate this Agreement upon the
expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to
terminate this Agreement; in such event CITY may make good the deficiency in which the
default consists and deduct the resulting costs from the progress payments then or to become
due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that
CITY's termination of this Agreement under this Section was wrongful, such termination
shall be converted to a termination for convenience under Section 23 and any damages shall
be assessed as set forth in Section 23.
agrcdforniVOTy constl4-03 15
24. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or
without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days
written notice to CONTRACTOR. In the event of termination, under this Section CITY shall
pay CONTRACTOR for value of work in place on the PROJECT through the termination
period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments
already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy
for termination by CITY for its convenience and CITY shall have not further obligation to
CONTRACTOR.
25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
26. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
27. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the California
Government Code.
agree: Fum b,kity cauo14-03 16
0
•
28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any
similar legal document. This obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of
whether or not CITY is named in an action to enforce such stop notices. CITY may set off
any unrcimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
29. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONTRACTOR's agent (as designated in Section I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below; provided that CITY and CONTRACTOR may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, reputable overnight carrier or U. S. certified
mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: �T� • i�1 h4�� N�2
2000 Main Street
Huntington Beach, CA 92648
agree/Forrntiaty constA-03 17
TO CONTRACTOR:
3
1
P
30. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of maters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision
of this Agreement.
31. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of United States Code Section 1324a regarding employment verification.
32. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONTRACTOR.
33. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
8grcdfnmuk1ty consd4.03 18
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the non -prevailing parry.
34. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
35. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
36. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
agrcc:foM1&'city consu4-03 19
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
37. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to
any subsequent occurrence of the same or any other transaction or event.
38. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
39. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
40. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
Exhibit "A", contain the entire agreement between the parties respecting the subject matter
ogtec fom1s•'ciry consV4.03 20
6 N 0 A
of this Agreement, and supersede all prior understandings and agreements whether oral or in
writing between the parties respecting the subject matter hereof.
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
Cw1C 6Vb11V&6?eJn1,K7 IA16
1 1(15?11,.ti G4 �1r?iBIU
By:
print name
ITS: (circle one) Chairrnreside ice President
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
ATTEST:
City Clerk
X��By: APPROVED AS TO FORM:
Ei!�tlM� CA9-h- !K -
print name (;44�
ITS: (circle one) ecret Chief Financial Officer/Asst. J Ci Attorney
Secretary - Treasurer wide
REVIEWED AND APPROVED:
Ci4& Administrator
INITIA
Public Works
agree/fonns/city const/4-03
21
CALIFORNIA ALL-PURPW ACKNOWLEDGMENT •
State of CALIFORNIA
County of
fORANGE
On l �/*�/ D before me, SaNDRA JO WTNRFARY. NOTARY PUBLIC
Dale — Nar:te a-W rae of oftp (e g .'JarA Da. Notary Pubk )
personally appeared GE.", CHIZHrX
Narm(sI a sp9 01)
personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
hisfher/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
SANDRAJO WINaEY executed the instrument.
COR1nitLBion d 1321721
Notary Public - Callforni• WITNESS m nd and official seal.
l.as Angai" County
` My Corrm t*lies S8P 22, 20D51 �-
S"tt-re of Notary
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document. -
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ lndividuai
(RXCorporate Officer
Title(s): PRESIDENT�'�� �
El Partner -- ❑ Limited ❑.. General
❑ Attomey-in-fact
Trustee
❑ Guardian or Conservator
II— Other: TO of [humb here
Signer Is Representing:
GMC ENGINEERING INC
1401 Warngr AVg Ste B
Tustin, CA 92780
Signer's Name:
0
C
r
G
C
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUP.IBPAiNT
OF SIGNER
Ll
0 1994 NabomLl Notary Amoc*bon - SM RprnrMt Aue . PO- Boi 744 - Canoga Park. CA 91309-71 Sa Pred. No W7 Rgor0er Cal ToFFrve t-Opo-A &W?
i
SECTION C
PROPOSAL
for the construction of
BROOKHURST STREET
AND
ADAMS AVENUE
INTERSECTION IMPROVEMENTS
CASH CONTP kCT NO. 1162
in the
CITY OF HUNTINGTON BEACH
, � E)(/f/;8,7` ,/
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 45 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govem over figures.
A-]
`If awarded the Contract, Wridersigned agrees that in the eventothe 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% bid bond in the amount of S 107. 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:
Addend m NO. Date Received Bidder's Si nature
��. os=
A-2
PROJECT BID SCHEDULE
ITEM;
NO
ESTIMATED.'
UAI�'`[ I'I Y'
::; :'ITEM..WI'TH_LrNIT.PRICE-WRITTEN IN-=`-".°'
�F ' WORDS.
=iJTVITPRICE .:,.EXTENDED
AMOUNT ,R
1
L.S.
Mobilization
@ TWA J!JAWxytd 6"L 4 iiW-s
_ 100_
5�SOfl"�
AaAi&� d (A(3 etas-
2
L.S.
Traffic Control Plan /'
@ 6(f �t3 h!!✓_ Ad 4PI Dollars
$ 5 0—
S � 5 4—
Cents
I
3
Furnish Project Traffic Control
S 50—
$ 3150—
L.S.
@ At/ j UDC A-df Dollars
Cents
4
1,865
Cold Milling
S.F.
@ _ Its _ Dollars
Cents
5
320
Asphalt Concrete
S • so
$ 1d $ $0 —
Ton
@ 5,eµext ON"t Dollars
F?Y Cents
6
930
Untreated Base
$ ;L
$31992-
Tor;
@ ---(?4r/:V 4-t4,0 Dollars
►-� Cents
'
7
95
+ Curb Only; Type B-2
S
S. IX
R '-
L.F.
l @ E_t 5 %�� ollars
-
Cents
8
735
8" Curb and Gutter
$
S 5 B
L.F.
@ S,, r �eeDollars
vc Cents
9
5,635
4" P.C.C. Sidewalk
S.F.
@ Ul Dollars
7-Rtl4-1 , _ R Cents
10
1,850
Commercial Industrial Drive Approach
S.F.
@ f:5', V e Dollars
Cents
11
4
Each
Curb Ramp
@ (V I4-eeV k✓AJFrJ Scm kDollars
$ 3 S—
SS, 5CC>— �
- -� ,eWs
12
85
S.F.
3' Lon itudinaI Gutter
@ Dollars
$ �r
$
C-A nts
13
25
6" Curb & 18" Gutter
S . S
$ .2
L.F.
@ H t ►-it4--f4e -N Dollars
cl�_/ Cents
:=�
A -I s
Ah
Ah
ITE14' ..ESTIMATED
IT RI WRITTEN,
MMIT-HtMT-P C IN
PRICE;,:.
UNIT.�EXTENDED*,,',
NO�-'
Ty'.
---AMOLTNT,-rt
14
1 I
Cu al Dep ession
and Local
s_qq 56—
$q!�I 50—
Each
--�Iet
C ,z 9 f
��Y i,,Jd PT Dollars
Cents
15
5
18- RCP (2000-D)
Ste_
SS—
L.F.
@ C&-c kV^d"LJ S":t6 r Dollars
I --------Cents
16 I
1
Junction Structure Type E
Each
@ Nkr4efeem hU14AI tc tfl-,CDollars
I
- Cents
17
150
Remove Existing Street Pavement Structural
s —4�i -5T
s -i i -L5,
C.Y.
Section
Cents
18
310
Remove Existing Parking Lot Pavement
C.Y.
Structural Section
@ �14!i 5-e,--er4 ----Dollars
Cents
19
7150
Remove Existing P.C.C. Sidewalk
$
530,
S.F.
@ Dollars
C- ents
20
1,560
Remove Existing PCC Drive Approach
$j
S.F.
@ Dollars
Cents
21
830
Remove Existing Curb and Gutter
T/O
L.F.
S--,—
@ Dollars
-Ty'e"4-1�"ncCents
22
105
Remove Existing Curb
S
L.F.
@ Dollars
—f! Cents
23
190
Remove Existing Masonry Wall
$ N-tV
$. a iv 511Y
L.F.
@ blol 1--P Dollars
24
1
Relocate Existing Street Light and
$ �
$3250
Each
Appurtenances
@ mtd Dollars
Cents
25
1
Salvage Existing Fire Hydrant and Abandon
$
Each
Assembly rr
—Dollars
Cents
26
3
Relocate Existing Water Meter and Service
$
Each
@ —M,Ikl hoek�)- 4e- -----Dollars
-----cents
A-2s
Ak
i
Ah
JTEtM
-NO:
.-ESTIMATED
UAN"fITY
`-IT WITH --UNIT-PRICE;WRIT'TEN I:�T ;;
:WORDS . _ �'_
..UN PRICE -
= f
.'-EX ENDED
,i6MOUNT -
40
1
Install Salvaged Fire Hydrant with new
—
5alas=
Each
Assembly
�
+- IA t y Dollars
`
�-- Cents
41
5,590
S.F.
Variable Thickness A.C. (0.10' Min.)
r Dollars
ea�/
531 p_ S-
�`i It L Cents
`
42
2
Each
24" Box Tree to Match Existing
C 6deDollars
Cents
Cents
ild0—
43
L.S.
Trench Shoring r
I G +AL Dollars
Cents
44
1
Each
Relocate Existing Fire Hydrant
C TV-f±�94^,x- R,✓J;,A S--af Dollars
Cents
(5 (0
4 0 �5 •-
Total in Figures: $ ? �,
� q 7c/
c� I
Total in Words: fiow-hv�poltr*J1 ✓� G/ �1�/Nf`�
/1,,,X dAX C�, _f� V,/- fi /,- '060 ( (0 /_-1 f-- )f//Oo__.
A-4s
ADD ALTERNATE i�i
The Additive Alternate Bid, Projcct Alternatives, below are an intergral part of this
proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate
Item identified/ listed below. The AGENCY shall award the contract on the basis of the
project Base Bid alone.
ITEM "
NO.`
- DESCRIPTION, . ;
9Uf�NTITY:
& UNFIT
UNIT PRICE
n , :
EXTENDED
PRICE
1
Construct traffic signal per traffic
L.S. 4,
41
signal plan. Delete the installation of
the video detection system. Protect in
place existing inductive loop detectors
on the north and south legs of the
intersection. Install 16 (sixteen)
additional, 6-foot diameter inductive
loops on the east leg and 16 (sixteen)
additional, 6-f000t diameter inductive
loops on the west leg of the
intersection. Loop lead-in cables shall
be spliced in the adjacent pull box and
four additional detector loop cables
shall be installed from each corner to
the controller cabinet.
L.S. shall mean Lump Sum
L.F. shall mean Lineal Feet
EA shall mean Each
'�7
Total Add Alternate Bid in Figure: $ `-'(
Total Add Alternate Bid in Words: �` �' l<A �
A-5s
,LIST OF SUBCONTRACTORS
hi 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
Martinez Concrete Inc.
920 W. Foothill Blvd.
Azusa, CA 91702
(626) 334-2979
License # 394471 C8
CONCRETE FLATWORK
t
Granstrom Masonry inc.
P.O.Box 7041
Torrance, CA 90504
37
(310) 327-2527
Lic# 629489 C29
J&S SIGN COMPANY'
822 W. Katella Orange, CA 92867
(714) 639-4921
License # 538211
SIGNING / STRIPING
BUENA VISTA LANDSCAPE
Ch
601 Lakeview
Placentia, CA 92870
(714) 779-1202
3ga
License # 674472 DBE# 10544
LANDSCAPE / IRRIGATION
POUK & STEINLE, INC
POBOX 3039
RIVERSIDE, CA 92519-3039
(714) 632-1415
LIC# 576274 A — C10 ELECTRICAL
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.
A-3
%,ONCOLLUSION AFFIDAVI
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
GENNADY CHIZHIK , being first duly sworn, deposes and says that he or she is
PRESIDENT Of GMC ENGINEERING INC the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
GMC ENGINEERING INC
Name of Bidder
011-14 �#&
Signature of Bidder
1401 Warner Ave Ste B Tustin, CA 92780
Address of Bidder
Subscribed and sworn to before me this 22 day of March , 200 5
NOTARY
SANDRAJO WINBERRY
COn1MI"10R 01321721
0 Notary Public - California
LOG Amplei County
MY CO"n. ExciM s Se:, 22. 2=
A-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the BROOKIIURST STREET AND AD:k.,IS AVENUE
INTERSECTION I IPRON ENIENTS, (I)(we)(it) will employ and utilize only qualified
persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission
facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code,
Section 2700, as follows:
"Qualified Person: A person who, by reason of erperience or instruction, is familiar with the
operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: 3/22/05
GMC ENGINEERING INC
Contractor
By GENNADY CHrZHIK
Title PRESIDENT
A-5
DISQUALIFICATION QUESTION IRE
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 arty 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 �,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.
A-6
COMASATION INSURANCE CER ICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and 1 will comply with such
provisions before commencing the performance of the work of this contract.
3
Date: . /22/05
GMC ENGINEERING INC
Contractor
By GENNADY CHI7_HIIC
Title PRESIDENT
A-7
XERGROUND SERVICE ALLT
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 AIert at 1-800-4224133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
GMC ENGINEERING INC
Contractor
. �P*
0A
By GENNADY CHIZIIT
Title PRESIDENT
Date: 3 / 2 2105
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.
A-8
... • i .,.
IN
* BIDDER'S INFORMATION*
BIDDER certifies that the following information is true and correct:
GMC ENGINEERINGC INC
Bidder Name
1401 Warner Ave Ste B Tustin,CA 92780
Business Address
City,
( 714 ) _ 247-1040
Telephone Number
739091 A, B
State Contractor's License No. and Class
8/11/97
Original Date Issued
8/31./05
Expiration Date
State Zip
The work site was inspected by G. Chizhik of our office on March 20 , ZQp
The following are persons, firms, and corporations having a principal interest in this proposal:
Gennady Chizhik - President of GMC Engineering Inc.
The undersigned is prepa..;d 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.
GMC ENGINEERING INC
Company Name �A'
Signature of Bidder
GENNADY CHIZHIK
Printed or Typed Signature
Subscribed and sworn to before me this 222 day of March 2200 5. SANDRAJo WINBERRY
Commission # 1321721
` I I Notary Public - California
Los Angeles Ceunfy
7
NOTARY PUBLIC i
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
SEE ATTACHED
1.
01
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
A-10
GENERAL ENGINEERING CONTRACTOR
Lic- No. 739o9i
CONTRACTORS PROPOSAL REFERENCE LIST
OWNER
City of Anaheim
ADDRESS
200 E. Anaheim Anaheim, CA 92807
OUR JOB#
170-03
CONTACT
Mike Wood
PHONE
(714) 231-8372
DESCRIPTION & CONTRACT
AMOUNT
State College Blvd Median Beautification
S
620,472 79
OUR JOB#
163-02
CONTACT
Ralph Harp
PHONE
(714) 765-5285
DESCRIPTION & CONTRACT
Bail Road Pvm1 - Fiore Street to Walnut Street Rehab &
AMOUNT
Beautification
S
511,104.00
OUR JOB#
152-02
DESCRIPTION & CONTRACT
AMOUNT
Harbor Blvd. & Ball Road
$
295,167.36
OUR JOB#
151-01
DESCRIPTION & CONTRACT
Katella IIIB - Anaheim Blvd Pkwy Impts from Katella to Disney
AMOUNT
Way
$
538,78221
OWNER
City of Brea
ADDRESS
One Civic Center Circle. Brea. CA 92621
OUR JOB#
173-03
CONTACT
Raul Lising PE
PHONE
(714) 671-4450
DESCRIPTION & CONTRACT
State College Blvd -]Lambert Rd Intersection Impts & Brea Blvd- 1
AMOUNT
Central Ave Intersection Impts.
$
1,220.294 48
OWNER
City of Chino
ADDRESS
13220 Central Avenue, Chnio CA 91710
OUR JOB#
165-03
CONTACT
Naghmen Imani
PHONE
(909) 464-8367
DESCRIPTION & CONTRACT
AMOUNT
Mountain Ave Water Main
$
338.020 04
OUR JOB#
123-99
CONTACT
Raja Edirisuriya
PHONE
(909) 627-7577 x253
DESCRIPTION & CONTRACT
AMOUNT
Pipeline, Eucalyptus, & Grand Ave
$
414,932.81
OWNER
City of Colton
ADDRESS
650 N. La Cadena Drive Colton, CA 92324-2897
OUR JOB#
172-03
CONTACT
Victor Ortiz
PHONE
(909) 370-5065
DESCRIPTION & CONTRACT
AMOUNT
Valley Bivd. Median Improvements
$
351.437 60
OUR JOTS#
157-02
CONTACT
Amer Jakher, PE
PHONE
(909) 370-5067
DESCRIPTION & CONTRACT
AMOUNT
Santa Ana River Project Area - Washington Street Medians
S
617.569 71
1401 Warne, Avenue, Suite R. Tustin. California 92780 • (714) 241 1040 • F1x (714) 241 1041
GMC
OGINEERIG
GENERAL ENGINEERING CONTRACTOR
Lic. No. 739091
CONTRACTORS PROPOSAL REFERENCE LIST
OWNER
City of Costa Mesa
ADDRESS
77 Fair Drive, Costa Mesa, CA
OUR JOB#
175-04
CONTACT
Tom Banks
PHONE
(714) 754-5029
DESCRIPTION & CONTRACT
Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to
AMOUNT
Arlington
S
193.026.47
OWNER
City of Cypress
ADDRESS
5275 Orange Ave, Cypress CA 90603
OUR JOB#
164-02
CONTACT
Kamran Dadbeh PE
PHONE
(714) 229-6756
DESCRIPTION & CONTRACT
AMOUNT
Ball Road Parkway Improvements
5
290,325 37
OWNER
City of Downey
ADDRESS
11111 Brookshire Ave Downey, CA 90241-7016
OUR JOB#
162-02 & 162A-02
CONTACT
Anthony La
PHONE
(562) 904-7118
DESCRIPTION & CONTRACT
AMOUNT
Paramount Gateway Streetscape
$
1.132,265 62
OWNER
City of Huntington Beach PWA
ADDRESS
2000 Main Street Huntington Beach, CA
OUR JOB#
138-00
CONTACT
Eric Charionne
PHONE
(714) 536-5590 1 (714) 536-5430
DESCRIPTION & CONTRACT
AMOUNT
5th Street Parking Plan Improvements
$
383.683.00
OUR JOB#
128-99
CONTACT
Eric Charlonne
PHONE
(714) 536-5590 I (714) 536-5430
DESCRIPTION & CONTRACT
AMOUNT
Glencoe Avenue Street Improvements
$
321,177.11
OWNER
City of Irvine
ADDRESS
One Civic Center Plaza Irvine, CA 92623-9575
OUR JOB#
168-03
CONTACT
Steve 011o
PHONE
(949) 724-7562
DESCRIPTION & CONTRACT
AMOUNT
Harvard Blvd. Bike Trail
$
329,030.31
OUR JOB#
136-00
CONTACT
Mark Stowell, P E
PHONE
(949) 724-7543
DESCRIPTION & CONTRACT
AMOUNT
Col Bill Barber Memorial Park, Parking Lot
$
1,019,322.69
OUR JOB#
135-00
CONTACT
Steve 011o
PHONE
(949) 724-7562
DESCRIPTION & CONTRACT
AMOUNT
Michelson Ave Median Improvements
$
584.769 34
1,101 Warner Aven-je . Suite B. Tus'ir, Ca;i;ornia 02I80 • (7' 4) 24 r 1040 • Fax (714) 247-1041
GMC
�GaVEERllVG�G
GENERAL ENGINEERING CONTRACTOR
Ltc No_ 739091
CONTRACTORS PROPOSAL REFERENCE LIST
OWNER
City of La Mirada
ADDRESS
15515 Phoebe Ave La Mirada, CA 90638
OUR JOB#
155-02
CONTACT
Gary Sanui
PHONE
(714) 522-6821
DESCRIPTION & CONTRACT
Rosecrans Pavement & Median Reconstruction Valley View to
AMOUNT
Biola
$ 525.467.27
OWNER
City of Lomita
ADDRESS
24300 Narbonne Ave Lomita, CA 90717
OUR JOB#
149-01
CONTACT
Tom Mamocha
PHONE
(310) 864-7130
DESCRIPTION & CONTRACT
AMOUNT
Lomita Blvd_Streetscape
$ 1,151.872 28
OWNER
City of Mission Viejo
ADDRESS
200 Civic Center, Mission Viejo, CA 92691
Our Job #
171-03
CONTACT
Marc Chagnon
PHONE
(949) 470-3091
DESCRIPTION & CONTRACT
Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts 8
AMOUNT
Alicia Pkwy Median Landscaping
$ 396.256-58
Our Job #
160-02
CONTACT
Marc Changon
PHONE
(949) 470-3091
DESCRIPTION & CONTRACT
AMOUNT
Improvement of El Paseo Roadway & Traffic Signal Impts
$ 223.734 33
Our Job #
117-98
CONTACT
Marc Chagnon
PHONE
(949) 470-3091
DESCRIPTION F CONTRACT
AMOUNT
La Paz Widening
S 317,375.00
OWNER
City of Newport Beach
ADDRESS
3300 Newport Blvd_, Newport Beach, CA 92663
Our Job #
179-04
CONTACT
Robert Stein P.E.
PHONE
(949) 644-3322
DESCRIPTION & CONTRACT
AMOUNT
Newport Blvd / Balboa Blvd_ Merger (Mixmaster)
$ 273,625.75
OWNER
City of Paramount
ADDRESS
16400 Colorado Avenue, Paramount, CA 90723
OUR JOB#
167-03
CONTACT
Robert French 4 Wflldan 8 Associates
PHONE
562-714-5599
DESCRIPTION & CONTRACT
Street, Traffic & Landscape Impts on Paramount Blvd & Harrison
AMOUNT
Streets
$ 867,957.00
1401 ^Warrer Avenue,. Suite B, T,istin. California 92780 • (/14' 247 1040 • Fax (714) 247-1041
AQ / �J
CONTRACTORS PROPOSAL REFERENCE LIST
OWNER
City of Riverside
ADDRESS
3900 Main Street Riverside, CA 92522
OUR JOB#
176-04
CONTACT
Juan Rojas
PHONE
(951) 826-5236
DESCRIPTION & CONTRACT
AMOUNT
Van Buren Blvd_ Median Improvements
$
740.000.15
OUR JOB#
174-04
CONTACT
Juan Rojas
PHONE
(951) 826-5236
S
330,076.68
DESCRIPTION & CONTRACT
AMOUNT
Central Ave to Chicago, Alleys, Fairmount from Strong to 60 Fwy
OUR JOB#
161-02
CONTACT
Dick Clelland
PHONE
(909) 826-5671
DESCRIPTION & CONTRACT
AMOUNT
Mission Grove Parkway Median Islands
$
224,635-68
OWNER
City of San Juan Capistrano
ADDRESS
32400 Paseo Adelanto San Juan Capistrano, CA 92675
Our Job #
132-99
CONTACT
Jerome Ruddins
PHONE
(949) 855-3634
DESCRIPTION & CONTRACT
AMOUNT
Camino Capistrano Street Widening
S
677.706 39
OWNER
City of Torrance
ADDRESS
3031 Torrance Blvd_, Torrance Ca 90503
Our Job #
166-03
CONTACT
Sandy Cohen
PHONE
(310) 618-2824
DESCRIPTION & CONTRACT
Hawthorne Blvd_ / Del Amo Blvd- Traffic Signal and Interesection
AMOUNT
Improvements
$
336,841.11
OWNER
City of Upland
ADDRESS
1370 N. Benson Ave Upland, CA 91786
OUR JOB#
177-04
CONTACT
Atex Qishta PE
PHONE
(909) 931-4272
DESCRIPTION & CONTRACT
AMOUNT
Foothill Blvd- Medians
$
110,073.96
OWNER
City of Whittier
ADDRESS
13230 Penn St, Whittier, CA 90602
OUR JOB#
131-00
CONTACT
Sunny Ng
PHONE
(562) 464-3510
DESCRIPTION & CONTRACT
AMOUNT
Whittier Blvd_ Median Improvements
$
323.415 90
OWNER
City of Yorba Linda
ADDRESS
4845 Casa Loma Ave POBox 87014. Yorba Linda, CA
OUR JOB#
169-03
CONTACT
Fernando Saldivar
PHONE
(714) 961-7170
DESCRIPTION & CONTRACT
AMOUNT
Yorba Linda Blvd. Median Improvements
$
556,270.26
OUR JOB#
146-01
DESCRIPTION & CONTRACT
AMOUNT
Yorba Linda Blvd- Median Improvements
$
519,563.51
•
0
GMC
GENERAL ENGINEERING CONTRACTOR
LAC No 739091
CONTRACTORS DESIGNATION OF SURETIES
0
Bonding -Insurance Refcrcncc
Bonding Agent:
JRG Surety & Insurance Agency, Inc.
1123 Buckingham Drive #A
Costa Mesa, CA 92626
(714) 751-8073
(714) 751-8029 Fax
Attention: Jeffery R. Gryde
Surety Comnanv:
First National Surety
120 Vatis
Aliso Viejo, CA 92656
(949) 860-6600
(949) 860-6611 Fax
Attention: Mike Stein
Insurance:
Armstrong Robitaille
680 Langsdorf Dr. 9100
Fullerton, CA 92831
(714) 578-7356
(714) 578-7489 Fax
Attention: Cindy Campbell
1401 Warner Avenue, Suite d, T,stir., California 92780 (714) 247-1040 Fax (714) 2a7-1041
403 IlWella tllht W M-9
1"Ids, WA "105
BID BOND
KNOW ALL BY THESE PRESENTS, That a . GMC Engineering, Inc
of 1401 Warner Avenue, Suite B, Tustin, CA 92780 (ymeloaftee caged the Priipa�%
as priwipel, aid FIRST NATIONAL INSURANCE COMPANY OF AMMCA, tt , WashlaStoa, a omperstma duty
arRanizW tinder the laws of the State of Wavhiogtoo a. Sw*ty, bwok after eallad the Surety, my hold and firmly boned unto
the City of Huntington Beach
(betriarsftV called the Ob%ft) In td P& =d Ten Percent of the Total Amount Bid -------------------
--____�—� --_. -------------- -- Dolhrz (S --- 10% - )
for the payaml of which the rincip+ and the Surety bbW thamsel>er, their hem, erecvtws, afore, wioomsors and
srsiSor. jointly tmd to aratly, firmly by *a" p r - - - W.
THE CONDITION OF THIS OBLIOATION IS SUCH, That Whereas. tiro Arieaipal bw submitted or W shout io sub Wt
a proposal m tba Obltgae = it cWhi t foe
the construction of Brookhurst Street and Adams Avenue Intersection Improvements
Cash Contract No 1162
NOW, THEREFORE. It the said Coatrwt be timely awarded to the Principal and the Principal slasll, wlthln rich dune d
may be apecifsod, aortae Cato the watraat in wriWq, wad give band, if bond is requkad, with talesty unpUble to the Obtip
for the WWI parformaaoe of the said Coiteaot, thea thb obitation "I bo voW; at!wwbe to remain is full taros and
offset.
SjgnW and seated thk 21� st day of March, 2005.
GMC Engineering, Inc. (Seal)
Principal
P'W
TO
FIRST NATIONAL INSURANCE COMPANY OF AMEECA
By
R . rye Attaeey-in- eat
tFl2t1l1FP V"
S A F E C POWER
OF ATTORNEY
FIRST NATIONAL. SURETY
PO BOX 34526
SE.A1_ME, WA 99124-f 526
KNOW ALL BY THESE PRESENTS
0
FIRST NATIONAL- INSURANCE COMPANY OF AMERICA
PO BOX 34h26
SEATTLE. WA 98t24-1526
No. 9392
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation• does hereby appoint
...................................................1ETFF,RY R. ORYDF,: Cma Mm Califoin a"...................................................
is true and lawful atlorney(5)yn-fact, with full authority to execute on behalf of the company fidelity and suety bonds or undeRakirxgs and nther documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as hilly as
if Such instruments had been duly execrtod by its regurarly elected officers at its home office
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
ttss 7th day of Au wcl 2003
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
"Article V, Section 13 - FIDELITY AND SURETY BONDS the President, any V" President, the Secretary, and any Assistant Vice President appointed for that
purpose by the offiaor in Charge of surely opwabons- shall each have authonly to appoint indrvhduaLs as attorneys -in -(act or under other appropriate bles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of simslar character issued by the company in the course of iLs
busvwss... On any instrument malung or evidencing such appointment, the signatures maybe affixed by facsimile On any instriument cxhfeming such authority or
on any bond or undertaking of the company, the seal, or a facnile thereof, may be impressed or affixed or in any other manner reprodcrried, provided- however,
that the seal shall not be necessary to the validity of any such instrument or undertaking'
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adapted July 28. 1970
"On any certificate executed by Che Secretary or an assistant secretary Of the Company salting out.
(i) The provisions of Arbde V. Section 13 of the By -Laws. and
(ii) A copy of the poweror-atlomey appointment, executed pursuant thereto. and
(iii) Certifying that said pctwer-of.attorney appointment is in full force and effect.
the signature or Cie caMlying officer may be by far5imile, and the seal of the Company may be a facsimile thwoor."
1• Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of Ihis corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still rn full force and effecL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 21St
SEAL
1928 .
day of March 2005
CHRISTINE MEAD, SECRETARY
S-1049fFNEF 7r98 ® A registered tredernark of SAFECO Cnrporeuan
08r0 rr20o3 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
LA �ele S - . .— I SS
On
March 21, 200$ before
-fTN o6V
me, f U e e a Ci�U
bar raanr and wo d Doc, to � _'j. Don_ r'l<,t+7 PL6W ;
personally appeared—
r:a�,eiq or syrr.t,l -
personally known to me
O proved to me on the basis of satisfactory
evidence
CHRISIIN£ JANE THATCHER
Commission * 1396020
31
Notary Public - California
Los Angeles Ccunty
Vty Corm.
Facpues Jon 26.2007
to be the person%) whose nameU0 is/are
subscribed to the within Instrument and
acknowledged to me that hels4eii idy executed
the same In his'+`tft lhi err authorized
capacily�"), and that by his'h60their
signature{,) on the instrument the person(, or
the entity upon behof which the person(X)
acted, executed theAngtrument.
WITNESS my ha nd official s
. .. 55-wlxv'w nnry ',t.ti
OPTIONAL
Though the information below is not regtured by ldK it may prove valuable to persons ivlyrng on VW document arxf could preWnf
fravdWma removal anti ieaftachmeni of this form to another docs:menf
Description of Attached Document
Title or Type of Document: r� - .
Document Date._-
Signer(s) Other Than Named Above. _
Capacity(ies) Claimed by Signer
Signer's Name: — _.
._ Number of Pages' .. -_
r nwtaeaarr�
OF SIGNER
[ ; Individual
rK, o _mp •E.I
3 Corporate Officer — Title(s)
:'I Partner —..I Limited f i General
S
)4' Attorney -in -Fact
I r_ Trustee
-�
Guardian or Conservator-
^j[j, ❑ Other: _ — - --- _ ; ``.
" Signer Is Re resentin
-7:%C <"7�.1 t`- c_ l✓r<-��?.�V1✓l:.! ��rc'�;t<,�•—�,t t
Q :91 4 NlfKy +1 nwY Asx a+a, • 9sV [k Sxa A- P O Etc, 24N - Cna:r.-,.n GA 9' 3' 3-. an • ..ww rr:av no'ary a-j v.,d No I M % F@__O , CAM NA 91" 1 WOO 8:6 i,8_'
a - y 0 0
C 'LIFORNIA ALL-PURPQSE ACKNOWLEDGMENT
State of CALIFQRNIA
County of ORANGE
On 31�1C2( before me, SANDRA JO WINBERRY— NOT&RY PUBLIC ,
Ogle Name and roe o1 ofter (e.g.. 'Jane Dos. Hoary Pubacj
personally appeared _ GENNADY_-CHIZHIK ,
Na-s(s) of S+ger(a)
Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons)
whose name(s) istare subscribed to the within instrument
and acknowledged to me that helshe/they executed the
same in hisiher/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
SANDRAJO WINBERRY - or the entity upon behalf of which the person(s) acted,
Commieaion 0 1321721 executed the instrument.
�vgm Notary Public - callromia
' Los A^9elesco"
WITN S-�nd official seal.
- W Carrell E3Qoi °s Sop 22. 2005
Nptary PuW+[
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyrng on the document and Could prevent
fraudulent removal and reattachment of this form to another document.
{ ~ Description of Attached Document
Title or Type of Document -
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Cl Individual
WXCorporate Officer
Title(s): PRESIDENT
[J Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb rwe
Signer Is Representing:
GMC ENGINEERfNG INC
1401 Warner AVe Ste a
Tustin, CA 92780
Signer's Name:
Ej
O
Individual
Corporate Officer
Titie(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMIRPR:NT
OF SIGNER
Top of njffZ here
0 199a Ha" -,al Hoary A caWn - 8236 Rawnel A,*. PO Boa 7184 • Canoga Pan, CA 21309-7184 Prdd No M7 Reorder Gal Toa-Free 1-$00-876-W7
03/ 27/2.005 22: 21 71431673 CHR Erna P"'1aE 01 / 01
City of Huntington Beach
Public Works Department
2000 Main Street
Tel. (714) 536v431. Fax (714) 374-1573
ADDENDUM NUMBER ONE
For
JJROOKHURST & ADAMS INTERSE Tl N IMPROVEMENT PROJECT
CC i 162162
March 17, 2005
Notice To All t3idders:
Please note the following revision to the Project Plans, Specifications, and Technical Provisions=
The following shalt be added to the descrlptlon of Add Alternative #1
The amount bid for "Add Alternative #1" shall be in additlon to (or a deduction from, indicated with
a minus (-) symbol), to the amount bid for Item #i35, Traffic Signal Modification.
The following shall be added to Section 307, Street Lighting and Traffic Signals
The Type III -BF traffic signal service cabinet shall be city fumished.
The contractor shall pick up all materials designated as city furnished on the traffic signal plan at
the City Yard, 17371 Gothard Street Pickup shall be coordinated at least two days in advance.
The first sentence of Section 86-2.85A "Material" of the Traffic Signal and Lighting Systems
Standard Specials Provisions shall be removed and replaced with the following:
'All new buried conduit, except as noted on the plans, shall be Schedule 40 rigid non-metallic type
conforming to UL Publication ULS51 for rigid non-metallic conduit."
This modrfication does not change the Englneees Estimate for this project.
This is to acknowledge receipt and review of Addendum Number one. dated March 17, 2005.
GMC ENCi1EERING INC.
1401 1MA:� : -: I P.,`JE S i E 8
� + r
Company Nam 1 By
Date
All bidders must acknowledge the receipt of this Addendum with your bid proposal.
Should you have any questions regarding this Addendum, please tail Todd Brousard at (714)536-5247
-1
FROM :GMC ENGINEERING r FAX NO. :714 247 1041 May. 10 2005 12:24PM P2
MINUTES OF A SPECIAL MEETING
OF THE
BOARD OF DIRECTORS
OF
GMC ENGINEERING, INC.
RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT FOR THE CITY OF HUNTINGTON 13EACH BY
PRESIDENT GENNADY CHIZHIK
At a Meeting of the Board of Directors of GMC Engineering, Inc. (hereinafter sometimes
tailed Corporation), a corporation organized and existing by virtue of the laws of the
State of California, duly called and held on the 181h of April, 2005, a quorum being
present, consisting of the President and Secretary of the Corporation, Gennady Chizhik,
the following Resolution was adopted:
BE IT RESOLVED by the Board of Directors of this Corporations that its
President, Gennady Chizhik, is hereby authorized, empowered, and directed to execute
on behalf of this Corporation, and in its name, the Agreement made with the City of
Huntington Beach for Bmokhurst Street and Adams Avenue Intersection Improvements,
City of Huntington Beach.
I, Gennady Chizhik, hereby certify and declare that I am the regularly and duly
acting President and Secretary of GMC Engineering, Inc., a Corporation; that the
Resolution above set forth was dull and regularly adopted by the Board of Directors,
held at Tustin, California on the 18` of April, 2005; that the whole number of Board of
Directors of said Corporation is one; that there present at said meeting one Director; that
all Directors present voted in favor of said Resolution, and that thereupon the Resolution
was declared regularly adopted.
Gennady Chizhik
President & Secretary . GMC Engineering, Inc.
Seal
FJa
Of
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 20. 2005
GMC Engineering, Inc.
Attn: Gennady Chizhik
1401 Warner Avenue, Suite B
Tustin, CA 92780-6457
Re: Brookhurst St. & Adams Ave. Intersection Improvements - CC-1162
CALIFORNIA 92648
The City Council awarded the bid to your company for the above referenced project.
Enclosed is a copy of the executed contract with the City of Huntington Beach. A
Declaration of Satisfaction of Claims and a Certificate of Compliance form must be
returned to this office after the project is completed but prior to the release of retention
funds.
In addition, the following item must also be on file, with this office before the City can
release any retention funds:
A warranty bond guaranteeing the final amount of work and materials
for six months_ If your performance bond does not include specific
wording for a six-month warranty, then a rider or separate bond must
be submitted.
Should you have any questions or concerns regarding the enclosures or items that must
be on file in this office prior to release of retention funds, please call the Public Works
Department at 536-5432.
Sincerely,
tJoan L. Flynn
Clerk
JF:pe
Enclosures: Copy of Agreement
Copies of insurancelbonds
Declaration of Satisfaction
Certificate of Compliance
Bid Bond (original)
g,followuplcashWntica5hcon-lettef_doc
1 ekplane:714-53B3227
•
City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title Vil of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on:
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and
guards employed by him or by any subcontractor performing work under the contract on
the project have been paid wages at rates not less than those required by the contract
provisions, and that the work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or training program
provisions applicable to the wage rate paid.
(Signature and Title)
APPROVED AS TO FORM
JEN IFER McGRATH, CnyAttm.
Serah Sutton l
uty City Attorney I Z'Yr
g:fO[krAul) Cmsticonticashoon1.doc
procedure #14
\ J
I
DECLARATION OF SATISFACTION OF CLAIMS
(Name of Contractor)
state:
1. I am the general contractor for the City of Huntington Beach, as to the project more
fully described in the public works contract entitled:
and dated
2. All workers and persons employed, ag firms supplying materials, and all
subcontractors for the above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in connection with Notices to
Withhold, which have been fled under the provisions of the statutes of the State of
California: (if none, state "NONE")
I declare under penalty of perjury that the foregoing is true and correct.
Executed at
(Location)
g : fo I lowu pica sh con ttica sh oon2. dw
procedure 015
on this day of
(Signature of Contractor)
, 20_
APPROVWAS TO FORM
;E5N1FER Mc0_ RATH, CityAjftmuy
A""ty
sh S�ttoa Z1 Lj rp 3
City Atbomey j
RECEIVED BY:
(NaM)
(Dare)
•
6A.
CITY CLERK RECEIPT COPY
Retum DUPLICATE to
City Clerk's Office
after signingldating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Sh ' Freidenricri, City Treasure
FROM: �,'i
DATE:
SUBJECT. Bond Acceptance
have received the bonds for �T C--/ ! 6 f 11)4j;2'L1A-1
(Company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No. ,
CC No.
MSC No.
Approved F a1r
(Co ncilApproval Date)
6 3353 /S
4;6 3 3/.y-
Agenda Item No. L�
City Clerk Vault No. 6262 — YX�- c-iA
#27 gAo11awup1h0ndlette A=
r
NATIONALINSUILANCEGO, OF AMMCA
4333 Broo" Av our NZ
Sutk, W A 91105
CONTRACT BOND — CALIFORNIA
FAITHFUL PERFORMANCE
PUBLIC WORK
KNOW ALL BY THESE PRESENTS, That GMC Engineering, Inc
Bond No. 6335315
Initial premium d+vSed for thie bond is
$4698.00 WAAd to
adJudmwit anon omplstlon of contreat
at eppiloable rate on final oemraot prka.
of to principal,
an a FIRST NATIONAL INSURANCEICA, a oorporatka organized and existing tinder the laws
of the State of Washington and authorized to bwwaot surety business to the State of California, as Surety, are bold and
firmly bound unto the City of Huntington Beach
In the aam of F
-----------------------------------------------------------------•----------- Mara 434,974.00
for the payment whereof, well and truly to be made, said Principal and Surety bind th roe, thew heirs, administrators,
successors and aaslgns, jointly and severally, firmly by these presonts,
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the sboye-boandea Principal has
entered into a Contract, datod April 27th _ ', 2005 , with the City of Huntington Beach ..
to do and perform the following wor . to-v t:
Brookhurst Street and Adams Avenue intersection Improvements; CC-1162
NOW, THEREFORE, if the abors-bounden Principal shall faithfully perform all the provisioas of said Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER THAT, Any suit under this boad moat be instituted before the expiration of two (2) years from the
date of subetantisl compt.t;on of the work to be performed under the Contract.
Signed and auled this 27th _ day of ^, . April 2005 .
GMC Engineering, Inc-
Prlacipal
B.
A� ROVED&ATO FORM FIRST NATIONAL INSURANCE COMPANY OF AMERICA
Nir-12 r7H,' �"v p.By/P �S Je fey R. defey de• t ►e,
9-3084KP 7104 PRIN7fo 1N U.&A.
•• f 5 A F E C O POWER
OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34520
SEATTLk. WA 98124-1526
KNOW ALL BY THESE PRESENTS:
is
FIRST NATIONAL wSuRANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE. WA 981244b25
No_ 9392
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washuhgton corporation. does hereby appoint
...................................................tEFTERY R. GRNI)E_ Costa MNe&L CaldornI3*........................................... I........
its true and law U attorney(s)Kn-tact, with full authority to exewta an behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the cause of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as Uly as
J such instruments had been duly executed by its regularly eluded officers at it' home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has exerted and attested these presents
this 71h
day of A%iEwm 2003
�<')-AWN
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
-Artde V. Section 13 - FIDELITY AND SURETY BONDS the President, any Vice President. the Secretary. and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attomeyS•in-lad or under other appropriate boos with
authority to execute on behalf of the company fidelity and suety bonds and other documents of simlar character issued by the company in d, Course of its
business . On any instrument making or evidencing such appointment. the signatures may be affixed by fatssmrle. On any chstrtrnenl conferring such authority or
on any bond or undertaking of the company. the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however.
that the seat shall not be necessary to the vatitbty of any such rnstMnent or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970
-On any certificate executed by the Secretary or an assistant secretary of the Company selling out.
(,) The provisions of Arhde V. Section 13 of the By -Laws. and
(ic) A copy of the power.of-atlomey appointment, executed pursuant lherelo. and
(m) Certifying that sad power -of attorney apporntrnent is in hill force and effect.
the signature of the Certifying oliic" may be by iacramile. anti the seal of the Company may be a fammile thereof'
I. Chnstine Mead. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By -Laws and of a
Resolul%un of the Board of Owertors of ttts corporation, and of a Power of Ammey +slued pursuant thereto. are true and correct, and that both flTe Sy -Laws. the
Resolution and the Power of Attorney are still in [ill form and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of sad corporabon
S-1049/FNEF 7!98
INS 27th day of April . 2005
SEAL
\+ • CHRISTINE MEAD, SECRETARY
1st A registrwed tadwnark or SA=ECO Coq>ora�m
0M ft2t1a3 t-DF
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:r!�'-s�`•cc�r,�',�c', rc?L`r ,�:�����-c";�:•C!: =;�,� rs-r,�c�tirsr,��c:�-.ct�c�:c�>.� �"�": ti�
State of Gakfornia
f _ + ss.
County L of (�� _ qe t, $
April 27, 2005 � -I_
On before me.&rnb e�Q�e��chcl N / N., a -.a r.k- :, Oe<a i. g , %!. ooc, raven s3 pee I
personally appeared —� A� G(t{ je- — — — — — —
r.i�4i d S.gn.•rti
}(personalty known to me
proved to me on the basis of satisfactory
evidence
CHRISTINE LANE THATCHER
Commission # 1396020
N�inry Public • Ct74itornia L
•t�%"" l_os 4ng6teti County
My Comm Expires ton 26. 2007
to be the persono(l whose nameU0 is/are
subscribed to the within instrument and
acknowledged to me that helstaei`" executed
the same in his1h.&44%-k authorized
capacity(), and that by his/h@atheir
signatureX on the ins ment the person(atj, or
the entity upon beh f Pf which the person(M
acted, executed th in rument-
WITNESS my had nd official seal
- - Sri r. d FbiaY r',6ic
OPTIONAL
Thoug?r flip informawn belnw ,S not rc:,urr ed by 43w, of may rrove valuable to persons relyrrrg on hoe dxurnenl and could prevent
fraudulent rerrC ovaf and rear,acl,ma-e! of 117iS form to anorhut docunienf
Description of Attached Document
Title or Type of Document:
Document Date — — — �. — — — --. . Number of Pages:
Signer(s) Other Than Named Above-
Capacity(ies) Claimed by Signer
Signer's Name_
1 J Individual
s Corporate Officer -- Title(s).
G Partner — I Limited -�' Generai
X' Attorney -in -Fact
r Trustee
Guardian or Conservator i
Other
Signer is Represpntin9
�''T,;� •:�--= s.:rr.� --r�; �-n-r.��--.n-- -;ram - j - n;-:.��.r�;r.. -r-,r :��r�:�Y:� -r r -• _ - --may
,:�, - 1..:r. �>n, -.[. S.< "-`C• - -4. � `�.... v`'� . . _ � -L� :v .Y _�C _ -'C.�.Y =G'�-C-iti.C.:,'<`` = _ ._..•C=`�_.�, . �'
01993N.�i 91,n;b Sn-, Ar. 70 rw. 24.; • C:,..: 71 CA 9133: acr.•-tip rr:+cn. rca iw, Nod +.: 59n, Rc✓*e, va. Tom`rY 1 sm C'6Fe:?
CALIFORNIA ALL-PURP48E ACKNOWLEDGMENT i
State of CALIFORNIA
County of
ORANGE
Onbefore me, SANDRA JO NINBERRY- NOTARY PUBLIC
Data Harm and ram of Or&ar (a 9 . -Jana Doe. Notary Pubion
personally appeared _ _GENNADY CHIZHIK
Naew(s) of Sgrwrtsl
personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Isiare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
l� SANDRAJOWINBERiZY or the entity upon behalf of which the person(s) acted,
Comm"ion # 1321721
Notary Public - California f executed the instrument.
Los Angeles County
My Comm FviresSep 2Z2005 11 WITNESS my hand and official seal.
of wary P%Obk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying an the document and could prevent
fraudulent removal and reartachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
WXCorporate Officer
Title(s): PRESIDENT
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
GHC ENGINEERING INC
1401 Warner AVe Ste B
Tustin, CA 92780
Signer's Name:
G
❑
❑
C
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner ---- ❑ Limited ❑ General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other.
Signer Is Representing
RIGKT THU!19PAWT
OF SIGNER
0 1994 Nabwtal Notary Associaoon - 82M Aaearwl Avg. PO. Box 7184 - Canoga Part. CA 91309-7184 Prod. No S9o7 A" r Cab TOFFnaa t do6876 Sa27
FIRST NATIONALINWRANCECO.CA
4$31 Broo" Armus KL
Sesrile, W A 98105
Board No. 6335315
CONTRACT BOND - CALIFORNIA Premium: Included
PAYMENT BOND
KNOW ALL BY THESE PRESENTS. That we, GMC Engineering, Inc.
and the 1 ATIONA L INSURANCE COMPANY OF AMERICA, a corparatim mpnized and axisting under the laws
of the State of Washington and authorized to transact surety buslam in the State of Callfamia, as surety. an hold and
firmly bound unto the City of Huntington Beach T,
as Obligee.
in the eum of Four Hundred Thirty Four Tho
--------------------------------------------------------------------------------------------------------- Dollars 434 974.00
for the psymant whereof. well and truly to be made. saidPrincipal'and Surety bind themselree, their heirs, adminirtntors,
successors and assigns, jointly and severally, firstly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-boundso Principal has
entered into a ecatract, dated 27th day of Aril 2005 , with the Obliges to do
and perform the following work, to -wit:
Brookhurst Street and Adams Avenue Intersection Improvements-, CC-1162
NOW, THEREFORE, if the above-boundes Principal or hWhar subcontractors fail to pay any of the persona arced In
Seotlon 3191 of the civil Coda of the State of California, or ataounts due under the Unemployment Insurance Code with
respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the
Fmchise Tax Board from the wages of amployees of the Principal or his/her suboontrsctors pursuant to Section Ittt 6 of the
Ratenue and Ta:tation Code, with respect to such wont and labor, Surety will pay for tits nos, is an amount not exasedIng
the amount specified in this bond, and a1co, in case suit is brought upon this bond, a reaombls attorney's fee, to be fixed by
the court.
This bond shall inure to the beasfit of any and all persons, companies or corporations entitled to file claims under Sectlom
3181 of the Civil Code of the State of California, so as to give it right of action to them or their assigns is any suit brought
upon this bond.
Signed, sealed and dated this
27th day of April
No premium is cbargad for this bond. It is executed
In eonnectioa with a bond for the performance of the
contract.
APPROVED AS TO FORh1:
a-aoe�EP ��a.
p'4"' ER AcCGIRATII.ntyAttorney
( c
2005
GMC Engineering, Inc.
Principal
1�4
B
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
""Jeffrey de, tt==y-in-Fv-t
PRINTED IN U.9J&.
SAFECO'*
FIRST NATIONAL SURETY
PO BOX 34526
SE.NT-TLE, WA 98124-1526
KNOW ALL BY THESE PRESENTS -
POWER 0
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO BOX 34526
SEATTLE. WA 98124-1526
No. 9392
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporation. does hereby appoint
...................................................JJTFF.RY R.CiRl'DE.Ccna Mesa, Calhforria.....................................................
it% true and lawful attomey(s),n-fact. with full authonty to exewte on behalf of the company fidelity and surety bonds or undertakings and other documents of a
simh,lar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as filly as
if such instruments had been duly executed by its regularly elected officers at its home offioe
IN WETNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
then 7th day of A,:e.ul , 200.1
cy__;2y�o-� AM �_ P c�' a4___
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA.
'Article V. Section 13 - FIDELITY AND SURETY BONDS the President, any Vi xl President, fhe Secretary, and any Assistant Vice President appointed for that
purpose by the officer in urge of Surety operations, "I each have authority to apprh.nt individuals as attorneys-in-f;x l or under other appropriate tilles with
aulhonly lu execute on behaf of the Company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its
business On any instrument malong or evidencing such appointment, the signatures may be affixed by facsimile- On any hnsbionent Conferring such authority or
on any bond or undertalung of the company, the seal, or a facsimile thereof- may be impressed or affixed or in any other manner reproduced. provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertakuhg '
Extract from a Resdution of the Board of Diroctors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970
'On any certificate executed by the Secretary or an assistant Secretary of the Company setting out.
(i) The provisions of Article V. SoctInn 13 of the By -Laws, and
(iiJ A copy of the power -0f-altomey appointment, executed pursuant thereto, and
(1.1) Certifying that said power -of-a ttnrney appointment is in full force and effect.
the Signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof _
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA- do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws. the
Resolution and the Power of Attorney are still in hill force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facslnnle seal of sad corporation
S-1049!FNEF 7199
this 27th day of April , 2005
SEAL
x9za ft _
• op
CHRISTINE MEAD. SECRETARY
® A regisiered Vaden.ark of SAFECO Corporation
DWIn003 POF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�'���5,`��.��`•<:�'�'a1(`.�r-N'.�(',4�^�� ' � �� i. ^�c �'{'1�('.G'��;r:�:�`'�<,�.�.:°f_`_r,C;.!_�'_''G'rC.'f-_`_
State of California
ss
County of �,.QS�,e�J — _.—
April 27, 2005 r
' On - — — — _ before me.��#J-00e_iatlner
na:c � — — n.,nc uw rrc w r)'cn I. 9 . •Jan. Uoe t+a+n Pw c 1
h personally appeared
2 ,
}personally known to me
r proved to me on the basis of satisfactory
evidence
CHRISTWE JANE THATCHER
Commrssion a 1396020
s a NoTar
t •-:�� w�� Y Public Cnittornta �
Los Angeles Ccunty
MY Comm- Expues Jon 26, 2007
to be the person whose nameU0 is/are
subscribed to the within instrument and
acknowledged to me that he'er
IsA" executed
c* the same in hislhte+r authorized
capacity(aes), and that by hislhecitheir
slgnature(IN on the instrument the person(pr), or
the entity upon behalf ofich the person(g)
acted, executed the instr nt.
WITNESS my hand an {ciat seal.
synk.xr or NOWN P LCIC
OPTIONAL — -
Tlkktgh the rnformat.ort helow,s not rrevu:rPd by law. it may prove vafu rbtc ro pc.sons relying or. the document arks coukr prevertl
fraudulent removat and rearrachmertr Of Ihls form to another rJotumenr
Description of Attached Document
Tile or Type of Document — .—
Document Date- — —.— — — —. —. — .—. — -- — .— _ Number of Pages
Signer(s) Other Than Tamed Above:
Capacity(ies) Claimed by Signer
Signer's Name
�-; [ ; Individual
EI Corporate Officer -- Ttte s
z�1
'J Partner — rJ Limited -'General
r
-�
X Attorney -in -Fact
3 Trustee
4 �'
Guardian or Conservator
t
KS 7, Other _. —..— — — —� — — —
Signer Is Representing-_
r��c4 . •=_ �� t = �:. ;7r
0 1999.Va,W A%oww•,_ANSJ1]Aw.P-�fit.?:02•CA11%.KIt. CA 11311 -'aQ2 P�K_W.: C4. rY F.,-'aA--76„V.
'CALIFORNIA ALL-PURPQBE ACKNOWLEDGMENT
County of ORANGE
On Wa7 /of before me, SANDRA J4 WINBERRY. NOTARS�__PUBLIC ,
Dam Nang Aid rqe of 01rcm Ie g .'Jane On. „auy P%o6ci
personally appeared GENNA12Y CHIZHIK
N&TWS) of Sgw(s)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
SANDRA JO WINBERRY or the entity upon behalf of which the person(s) acted,
commission • 1321721 executed the instrument.
Notary( Public - Carr(omja
Los Angelo Cou"
tiy�mrrf. t�hss g�p2Z.2tlt]5
WITNESS my -band and official seal.
OPTIONAL
'"cure Of NUNY Putk
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
A
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
(Corporate Officer
Title(s): PRESIDENT
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of mumb here
Signer Is Representing:
GMC ENGINEERING INC
-- 3401 Warn-er AVe Ste B
Tustin, CA 92780
Signer's Name -
C
G
Number of Pages: —
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGKr TH(1'.1BPRUT
OF SIGNER
0 1294 Nab" Notary Afsovabon - WW RW" Ave. PO. Boa 7184 - Canoga Paik CA 91309.7164 Prod No SW Reorder Cad To4Free 14M476-W7
Company Profile 1 : Page 1 of 2
Company Profile
FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA
SEATTLE, WA 98185
800-332-3226
Agent for Service of Process
DAWN JEWORSKI, 120 VAN"fIS SUITE 130 ALISO VIEJO, CA 92656
Unable to Locate the Agent for Service of Process?
Reference Information
NAIL #:
NAIC Group #:
California Company ID #:
Date authorized in California
License Status:
Company Type:
State of Domicile:
24724
0163.
0978-7
January 03, 1929
UNLIMITED -NORMAL
Property & Casualty
WASHINGTON
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
htip://cdinswww.insurance.ca.gov/pis/wu_co_ prof/idb_co�rof utl_get_co prof?p_E... 5/2/2005
Company Profile 0 0 Page 2 of 2
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRI NK.LER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company.nforcement Action Documents
C.gmpany Performance & Conmarison Data
Composite Complaint.Studies
Want More?
Help Me Find a Company Representative in My Arca
Financial Rating_Organizations
Last Revised - November 04, 2004 1 I:I8 AM
Copyright -0 California Department of Insurance
DisclaimeT
http://cdinswww.insurance.ca.gov/pls/w-u co_proflidb co�rof utl.get_co�rof?p_E... 5/2/2005
- Client#: 29932 UMGtNCsl
ACORD,- CERTIFICE OF LIABILITY INSU&NCE 4121►05'°°"Y'
ID
PRODUCER ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ArmstronglRobitaille Bus&InsSv ) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(�YU(� r HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
680 Langsdorf Drive #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 34009
Fullerton, CA 92834-9409 Y INSURERS AFFORDING COVERAGE
INSURED INSURER A StarNet Insurance Co. (Summit)
GMC ENGINEERING, INC. n I( • ^ I\SURER B American Economy Ins. Co.(Safeco)
1401 Warner Avenue #B i !�' ; INSURER C RSUI Indemnity (AES)
Tustin, CA 92780-4116 �INSURLRD
INSURER E
CAVERACES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
7VSR -- - j - rPOlICY EFFECTIVE
TR TYPE OF INSURANCE I POLICY NUMBER I A IAWDWYY
IPOlrCY EXXrTI0N +
I A DIYY I UNITS
A GENERAL LIABILITY 2SMCC4CGL009104 06/25104
06/25/05 I EACH OCCURRENCE
S1,000,aaa
X COMMERCIAL GENERAL LIABILITY .
--
I FIRE DAMAGE (Any ore fire)
_
S50,000
-I CLAIMS MADE X I OCCUR
I MED EXP (Any age person)
_
55,000
. X_]BI1PD Ded.3,000 _
I PERSONAL s ADV I%JURY
S1,000,000
_
I GENERAL AGGREGATE
52,000,000 . -
GF.NT.AGGREGAIELIMITAPPLIE_SPER
PRODUCTS-COMP;OPAGG
•52,000,000
POLICY I PRAJECT- LOC I
B I AUTOMOBILE LIABILITY IO2CE0088353 06/25/04
06125/05 SINGLE LIMIT
t— II
X ANY AUTO
Ee aBINED
J
_ I
51,000,000
ALL OWNED AUTOS
; BODILY INJURY
S
i SCHEDULED AUTOS
(Per porsor)
X I HIRED AUTOS
BODILY INJURY
S
X J NON -OWNED AUTOS
11
(Per accident)
i
PROPERTY DAMAGE
.
S
I
(Par accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
IS
ANY AV I O
I OTHER THAN EA ACCFss-
AUro ONLY: AGG
Ci
EXCESS LIABILITY NHA212065
06/25/04
06/25105 EACH OCCURRENCE
S1,000,000
X OCCUR _ CLAIMS MADE
_II
AGGREGATE I51,000,000
Il
l DEDUCTIBLE
F
S
I( FIFTEUTION S
I S
WORKERS COMPENSATION AND I
WC STAIU- OTH.
LIMITS I ER
EMPLOYERS- LIABILITY I
_TORY ,
-
EL EACH ACCIDENT
S
C-L.DISFASE - EA EMPLOYEE S
E L DISEASE • POLICY LIMI7
S
OTHER
I
DESCRIPTION OF OPERAnONSILOCATIONSfVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS APPROVED AS TO FORM:
Re: Brookhurst Street and Adams Ave. Intersection Improvements CC-1162
The City, its officers, elected and appointed officials, employees, agents
6RATHY.�City
and volunteers are named as additional insureds as respects general
J NIF£R LW.
Attliability
as required by written contract, per endorsement attached.
(See Attached Descriptions)
CERTIFICATE HOLDER 'I ' ADD mONALINSURED. INSURER LETTER: CANCELLATION Ton nav Notir_a fnr Nnn-Pavmant of Pramillm
City of Huntington Beach
2000 Main Street PO Box 190
Huntington Beach, CA 92648
SHOULD ANY OF TH E ABOVE DESCRIBED POLIC IE S B E CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WIx= TO MAIL 30 DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFTjftn
AUTHORIZED
ACORD 25S (7197)1 of 3 XS2763551M243236 / \ -`11�1 KV-6— 0 ACORD CORPORATION 19M
0
IMPORTANT
If the certificate holder is an ADDITIONAL_ INSURED, the policy(ies) must be endorsed- A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)-
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement- A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-s(7197)2. of 3 #S276355/M243236
DEORIPTIONS (Continued from Oge 1) 1
Endorsement for waiver of subrogation as respects workers compensation to
follow from carrier.
AM5 25.3 (07l97) 3 Of 3 45276355IM243236
POLICY NUMBER: 2SMCC4CGL009104 COMMERCIAL GENERAL UtABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City, its officers, elected and appointed officials, employees, agents
and volunteers
Blanket as required by written contract.
(If no entry appears above, inforrnation required to complete this endorsement will be shown in the iDedaratms as
applicable to this endorsement.)
WHO IS AN INSURED (Section 11) 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
L-3470 1 2/02
'it is agreed that such insurance as is afforded by this policy
for the benefit of the additional insured shown shall be primary
insurance, and any other insurance maintained by the additional
insureds) shall be excess and non-contributory, but only as
respects any claim, loss or liability arising out of the operations
if claim, loss or liability is determined to be solety the negligence
or responsibility of the named insured."
LOV'�DA ToFOiL4y:
J ,tiIFFR IcGRA H, City Att,,u y Page 1 of 1 ❑
C7, alas
ORTHOLDER COPY
STATE P-O- BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
I N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-22-2005 GROUP: 000046
POLICY NUMBER: 13668-2004
CERTIFICATE ID- 28
CERTIFICATE EXPIRES- 10-01-2005
10-01-2004/10-01-2005
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
P O BOX 190
HUNTINGTON BEACH CA 92648
JOB: BROOKKURST STREET AND ADAKS AVE
INTERSECTION IMPROVEMENTS
CC-1162
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
policy 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 to which it may pertain, the insurance afforded by the policy
described herein is subject to all the terms, exclusions, and conditions, of such policy-
�6�
AUTHORIZED REPRESENTATIVE
PRFSIyENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - GENNADY CHIZHIK PRES TRES - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 04-22-2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF HUNTINGTON BEACH
Pi\YOVED AS TO FORM:iFER )cGRATR, CCity At�ey
VG 40
EMPLOYER
GMC ENGINEERING INC AND/OR GMC
ENTERPRISES
1401 WARNER AVE STE B
TUSTIN CA 92780 [816.SPJ
PRINTED 04-22-2005
SVF 113262E oNy,f ynu wen fart -ate—mh mat ,eaSs'OFF1CsAL STAIE FUND DOCUMENT- PAGE I OF t
FIZQrt : C,IMC ENG t ? EER I NG
FAX NO. :714 247 1041 May. 02 2005 03:36Pr1 P3
MAy 2.2005
901BEOGWO
GENERAL ENOINEERINQ CONTRAC4oR
City o IIuntington Bcach
P.O. Box 190
Iluittington TCtich, CA 92649
Attention: Chris
insurance Department
RF.. Brookhurst Strmet & Adams Avenue
Intersection Improvements
CC-1162
Dear Chris,
In ennicutction with our phone conversation today, regarding the City's requirement to
have a zero deduc;tiblc on the insurance, please find the following information you
requested, which is found in our contract documents:
Dc,;cription of Work:
Brooklturst Street & Adams Avenue Intersection Improvements
Scope of Work includes: AC & PCC hnprovemcn14 & Street Widening
Timc Frame.
45 Working Duys
Contract Amount: _�,� � "�
S434,974.75
Trusting the above information wit! suffice, I am,
Inberry
Contruller
Encls.
Faxed to 714-516-5212
14Q1 Warner Avenue, Sucre B. TuStirr, Caldorru6 92780 • (714) 247-1040 • Fax (714) 2,17-1041
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RECEIVED
1. Requested by: Christi Mendoza, Risk Management MAY 0 3 2005
2. Date: May 2. 2005 Cityty of liu�ttngton [3eaci
3. Name of contractor/permittee: GMC Engineering. Inc. C tyAttomev',;
4_ Description of work to be performed: Brookhurst Street & Adams Avenue intersection
improvement to include asphalt concrete. portland concrete cement and street widening
5. Value and length of contract $434,974.75: 45 wonting days
6. Waiverlmodification request: $3000 deductible/General Liability Insurance
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible requirement
8. Identify the risk 9the City in approving this waiver/modification: None.
/V,� --
Head Signature
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from th City Administrator's Office is
only required if
Risk Management a Attorney's Office disagree.
1. Ri k Management
Approved ❑Denied
Signature
Date
2. City Attomey's Office
Approved ❑Denied
'-
Sig ngWre
Date
3. City Administrator's Office
Approved ❑ DeniedY��Jv,,--Zq
Signature
Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved;
this form is to be filed with the Risk Management Division of Administrative Services
GMC Engineering, Inc.
1401 Warner Ave Ste B
Tustin, CA 92780
il.Y 0F'
H Utii *F I N C'rG!i �Jt--P,CI CA
2005 MAR 29 1. a 2
i SEALED BID FOR:
CITY OF HUNTINGTON BEACH
BROOKHURST & ADAMS STREET
IMPROVEMENTS (CC 1162)
BID DATE: MARCH 29, 2005
TIME: 2:00 PM
PLEASE DO NOT OPEN WITH RE
MAIL! GULAR
Council/Agency Meeting Held:
Deferred/Continued to:
AApproved ❑ conditionally Approved
❑ Denied
Council Meeting Date: 4/18/2005
IS
Deparlkier)(ID Number. PW 05-028
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
C-1
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENEL E CULBRETH-GRAFT, CITY ADMINISTRATOR
a r _
PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS
w -
SUBJECT: Award Construction Contract for the BrookhursVAdams Intersection
Improvement Project, CC-1162
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Bids have been received for the Brookhurst/Adams Intersection
Improvement Project, CC-1162. Staff recommends the award to GMC Engineering, Inc.,
who submitted the lowest responsive and responsible bid.
Funding Source: Funds in the amount of $396,000 are available in the OCTA Grant Fund,
Brookhurst/Adams Intersection, Street Improvements Account No_ 87390002.82300. The
grant portion is $296,000. The City match is a minimum of 36% of project costs. Additional
funds of $150,000 for the balance of the project are available in the Traffic Impact Fund,
Street Widenings, Street Improvements, 20690001.82300.
Recommended Action: Motion to:
1. Approve the project plans and specifications; and
2. Accept the lowest responsive and responsible bid submitted GMC Engineering, Inc., in
the amount of $430,030.75 for the Brookhurst & Adams Intersection Improvement
Project, CC-1162, and
3. Authorize the Mayor and City Clerk to execute a construction contract in substantially
the same form as the attached sample contract.
Alternative Action(s): Do not authorize award of this contract and direct staff on how to
proceed.
0 REQUEST FOR ACTION •
MEETING DATE: 4/18/2005 DEPARTMENT ID NUMBER:PW 0"28
Analysis: The City has received partial funding from the Orange County Transportation
Authority (OCTA) for improvements to the intersection of Brookhurst Street and Adams
Avenue. These improvements include adding right turn lanes in the east and westbound
directions, as well as, modifying the existing traffic signal to accommodate the widening. The
construction cost for this project was estimated at $450,000.
Bids were opened publicly on March 29, 2005, and are listed in ascending order:
Bidding Contractor
Bid Amount
1. GMC Engineering, Inc.
$434,974.75
2. Sully Miller Contracting
$522,194.00
3. Ranco Corporation
$527,194.00
4. Los Angeles Engineering
$606,263.75
This bid solicitation included an additive alternate bid item, which related to the traffic signal
detection method. Staff has chosen to exercise this alternate bid item, which will result in a
credit of $4,944.00 to the base bid amount. Therefore, the contract award will be
$430,030.75.
The reference check for GMC Engineering, Inc. provided acceptable responses from past
clients. Staff recommends that the City Council accept the bid from GMC Engineering, Inc,
the lowest responsive and responsible bidder.
Funds to complete the project are available in the Traffic Impact Fee Street Widening
program. Approximately $2.8 million is budgeted in the program for the construction of the
Newland Widening project. This amount will not be fully expended by the end of the fiscal
year, and an additional $150,000 is available for the Brookhurst/Adams project. Funding for
completion of the Newland project will be reviewed for Fiscal Year 2005/2006.
Public Works Commission Action* The Public Works Commission reviewed and
unanimously approved this project on January 19, 2004_
Environmental Status: This project has been approved under Mitigated Negative
Declaration No. 04-05.
Attachments):
1. 1 Location Map
2. 1 Sample Construction Contract
G-1R C A12005105-028 Apr 18 Broussard (Award Brookhusrt & Adams)_doc -2-
4/512005 8:49 AM
ATTACHMENT #1
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ATTACHMENT #2
•
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") made and entered into this
day of
20�, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
a California
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as
in the City of Huntington
Beach;and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
I. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost
and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other
items, services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising
out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from
agrcc: formV61y con.%V4-03
f�
the action of the elements, from any unforeseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks of any description in
connection with the work, including, but not limited to, all expenses incurred by or in
consequence of the suspension or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully completing the work within the
stipulated time and in the manner shown and described in this Agreement, and in accordance
with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below
in this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement
by this reference, with the same force and effect as if the same were set forth at length herein,
and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract
Documents insofar as they relate in part or in any way, directly or indirectly, to the work
covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
agm/fommloty Con%V4-03 2
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto,
written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special
Instructions to Bidders and the CONTRACTOR's proposal, (which is
attached hereto as Exhibit "A" and incorporated herein by this
reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not
mentioned in the Specifications, shall be of like effect as if indicated
and mentioned in both. In case of a discrepancy between any Plans,
Specifications, Special provisions, or Addenda, the matter shall be
immediately submitted by CONTRACTOR to the Department of
Public Works of CITY (hereinatler referred to as "DPW"), and
agree: forms city const/4-03 3
CONTRACTOR shall not attempt to resolve or adjust the discrepancy
without the decision of DPW, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid
or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ ), as set forth
in the Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after the Notice To Proceed is issued and diligently prosecute the PROJECT to
completion within (__) consecutive
from the day the
Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth
in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all
agree.`forms'cny consV4-03 4
•
other contractors, subcontractors, and CITY forces working on the PROJECT in a manner
that will facilitate the efficient completion of the PROJECT and in accordance with the terms
and provisions of this Agreement. CITY shall have complete control of the premises on
which the work is to be performed and shall have the right to decide the time and order in
which the various portions of the work shall be performed and the priority of the work of
other contractors, subcontractors and CITY forces and, in general, all matters concerning the
timely and orderly conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the prior written order or
acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that
have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately
to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to
such cost proposal, the work shall be performed according to the changes ordered in writing
by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
agree/form-w:'ciry connri4-03 5
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR
by CITY. CITY does not warrant that the work will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability
of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension
equal to the delay due to such unavailability.
8. BONDS
Only bonds issued by California - admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two
(2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%)
of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and
one in the amount of one hundred percent of the contract price to guarantee payment of all
claims for labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of
one hundred percent (100%) of the final contract price, including all change orders, to warrant
such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material
or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by
CITY of any defect in the work, shall have the option to make appropriate repairs or replace
agrea'fonms'cdy com5U4-03 6
the defective item or items. Upon expiration of such ten (10) day period, CITY may then
make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY.
CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services performed hereunder.
It. LIQUIDATED DAMAGESIDELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of calendar days
as set forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay. It is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of
Dollars ($ _ ) per day for each and every
working day's delay in completing the work in excess of the number of work]ng/calendar days
set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a
fair compensation for the foreseeable damages CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and
agrmfforms/cay const!4.03 7
further agrees that CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable
causes beyond the control and without the fault or negligence of CONTRACTOR, including,
but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine
restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of
the delay and CITY shall extend the time for completing the work if, in its judgment, the
findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the
parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the
work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting
for materials required by this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the
combined action of the workers, in no way caused by or resulting from default or collusion on
the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed
for the completion of the work shall be extended by the number of days CONTRACTOR has
thus been delayed, but no allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of
the cause thereof, and including without limitation the furnishing of materials by CITY or
agree: f'ormwc ty con!.V4-03 8
• 0
delays by other contractors or subcontractors, will be allowed and an extension of time for
completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions
are disturbed, notify DPW in writing of:
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the
Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual
nature, differing materially from those ordinarily encountered
and generally recognized as inherent to work of the character to
be performed under this Agreement. DPW shall promptly
investigate the conditions and if it finds that such conditions do
materially so differ and cause an increase or decrease in the
time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the
agreement modified in writing accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall
be allowed unless CONTRACTOR has given the notice required
hereunder provided, however, the time prescribed therefor may be
extended by CITY.
agreelform-Airf consrl4-03 9
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment.
Payment to CONTRACTOR will be made only for the actual quantities of 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. DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities
listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price
or time for completion shall be allowed if asserted after final payment under this Agreement.
If the quantity variation is such as to cause an increase in the time necessary for completion,
DPW shall ascertain the facts and circumstances and make such adjustment for extending the
completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will
be deducted and retained by CITY and the remainder of the progress estimate, less the amount
of all previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if
DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (100%) of
agrcG'formsrciry conn!4-03 10
the value of the work completed since the commencement of the PROJECT, as determined in
its sole discretion by DPW, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the
filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the
manner required by law, each payment to be accompanied by a certificate signed by DPW,
affirming that the work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the certificate is due under the
terms of the Agreement. Partial payments on the contract price shall not be considered as a
acceptance of any part of the work.
15. WIT[MELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon, CITY shall permit the
substitution and deposit therewith of securities equivalent to the amount of any monies
withheld by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors working upon the PROJECT
have been paid in full and that there are no claims outstanding against the PROJECT for
either labor or material, except certain items, if any, to be set forth in CONTRACTOR's
affidavit covering disputed claims, or items in connection with Notices to Withhold, which
have been filed under the provisions of the statutes of the State of California.
agrec!forrnVcrty constl4-03 11
0 •
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION DEFENSE HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers
from and against any and all, claims, damages, losses, expenses, judgments, demands defense
costs, and consequential damage or liability of any kind or nature, however caused, including
those resulting from death or injury to CONTRACTOR's employees and damage to
CONTRACTOR's property, arising directly or indirectly out of the obligations or operations
herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, including but not limited
to concurrent active or passive negligence, except where caused by the active negligence, sole
negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at
its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel.
This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONTRACTOR.
19. WORKERS' COMPENSATION AND EMPLOYER'S. LIABILITY
MTCi TA A ATr T:
Pursuant to California Labor Code Section 1861, CONTRACTOR
acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer
agrm?fomu'city const,'4-03 12
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 obtain and furnish to City workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms
of the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance
and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the scope
of their duties, against any and all claims arising out or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of One Million Dollars ($ I,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy
shall name CITY, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
agrccJorms`cuy consv4-03 13
0
coverage which may be applicable to the PROJECT shall be deemed excess coverage and that
CONTRACTOR's insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR
shall furnish to CITY certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; the certificates
shall:
l . provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations
as set forth under this Agreement. CITY or its representative shall at all times have the right
to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay,
in a prompt and timely manner, the premiums on all insurance hereinabove required_
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,
agim'formt%city consv4-43 14
elected and appointed officials, employees, agents and volunteers as Additional Insureds, to
the City Attorney for approval prior to any payment hereunder.
22. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice to
CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction
which arises out of performance of this agreement within ten ( 10) days of receipt of such
claim or claims.
23. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR
notice in writing of its intention to terminate this Agreement. Unless the violation is cured
within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate this Agreement upon the
expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to
terminate this Agreement, in such event CITY may make good the deficiency in which the
default consists and deduct the resulting costs from the progress payments then or to become
due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that
CITY's termination of this Agreement under this Section was wrongful, such termination
shall be converted to a termination for convenience under Section 23 and any damages shall
be assessed as set forth in Section 23.
agrcu%xmt'city con%VA-03 15
0
24. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or
without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days
written notice to CONTRACTOR. In the event of termination, under this Section CITY shall
pay CONTRACTOR for value of work in place on the PROJECT through the termination
period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments
already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy
for termination by CITY for its convenience and CITY shall have not further obligation to
CONTRACTOR.
25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
26. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
27. CITY FMPLOYEFS AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the California
Government Code.
agree: formsk'c ity constl4-03 16
28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any
similar legal document. This obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of
whether or not CITY is named in an action to enforce such stop notices. CITY may set off
any unrcimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
29. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONTRACTOR's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below; provided that CITY and CONTRACTOR may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, reputable overnight carrier or U. S. certified
mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
agreelforms:`crty comV4.03 17
TO CONTRACTOR:
9 0
30. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement arc merely descriptive and
are included solely for convenience of reference only and are not representative of maters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision
of this Agreement.
31. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of United States Code Section 1324a regarding employment verification.
32. 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 Iegal services expenses incurred
by CONTRACTOR.
33. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
agredformsid?v consi/4-03 18
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the non -prevailing party.
34. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
35. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
36. DUPLICATF ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
agrafform icity const'4-03 19
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
37. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consentJapproval to
any subsequent occurrence of the same or any other transaction or event.
38. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
39. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
40. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that parry's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
Exhibit "A", contain the entire agreement between the parties respecting the subject matter
agree.'formVcity consL'4-03 20
of this Agreement, and supersede all prior understandings and agreements whether oral or in
writing between the parties respecting the subject matter hereof.
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
pnntname
ITS: (circle one) Chairman/PresidentfVice President
AND
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
agrceformslciry consL14-03 21
CITY OF IiUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Director of Public Works
•
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
4
4.
COMMENCEMENT OF PROJECT
4
5.
TIME OF THE ESSENCE
4
6.
CHANGES
5
7_
NOTICE TO PROCEED
6
8_
BONDS
6
9.
WARRANTIES
6
10.
INDEPE•NDENT CONTRACTOR
7
11.
LIQUIDATED DAMAGES/DELAYS
7
12.
DIFFERING SITE CONDITIONS
9
13.
VARIATIONS IN ESTIMATED QUANTITIES
10
14_
PROGRESS PAYMENTS
10
15_
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
11
16
AFFIDAVITS OF SATISFACTION OF CLAIMS
11
17.
WAIVER OF CLAIMS
12
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
12
19
WORKERS' COMPENSATION INSURANCE
13
20.
INSURANCE
13
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
14
22.
NOTICE OF THIRD PARTY CLAIM
15
23.
DEFAULT & TERMINATION
15
24.
TERMINATION FOR CONVENIENCE
16
25.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
16
26.
NON -ASSIGNABILITY
16
27_
CITY EMPLOYEES AND OFFICIALS
16
28.
STOP NOTICES
17
29.
NOTICES
17
30-
SECTION HEADINGS
18
31.
IMMIGRATION
18
32.
LEGAI, SERVICES SUBCONTRACTING PROHIBITED
18
33.
ATTORNEY'S FEES
18
34
INTERPRETATION OF THIS AGREEMENT
19
35.
GOVERNING LAW
19
36.
DUPLICATE ORIGINAL
19
37.
CONSENT
20
38.
SURVIVAL
20
39.
MODIFICATION
20
40.
ENTIRETY
20
0
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Award Construction Contract for the Brookhurst/Adams
Intersection Improvement Project, CC-1152
COUNCIL MEETING DATE: Aril 18, 2005
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Not Applicable
❑
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable
ED
❑
Si ned in full bX the City Attome
Subleases, Third Party Agreements, etc.
Attached
Not Applicable
(Approved as to form bX Cq Attome
Certificates of Insurance (Approved b the City Attome
Y tY Y)
Attached
Not A licable
Fiscal Impact Statement (Unbudget, over $5,000)
Attached
Not AttacApplicable
0
Bonds (If applicable)
Attached
Not Applicable
Staff Report (If applicable)
Attached
Not Applicable
Commission, Board or Committee Report If applicable)
p ( pp )
Attached
Not Applicable
Li
Findings/Conditions for Approval and/or Denial
PP
Attached
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORVVARQED
Administrative Staff
Assistant City Administrator(Initial)
( X�/-Af - - d
City Administrator Initial
LCity Clerk
EXPLANATION FOR RETURN OF ITEM:
RCA Author: Todd Broussard
0
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
_Ire
The AGENCY
) ss.
SECT10BA
affirmatively ensurr.s'
COUNTY OF ORANGE )
lgilfE�IYIDAIG
that minority
will be-
enterprise, will Le,
7wW Y �•,
'
atfurdCd lull UDDnrhrmty
forBROOIUfmSTW
I'
to Submit bids in re.
y��,r���l ��r�nt�
ANDADAMSAYEilE1E
on,, to 0ns notice
'and
I am a Citizen of the United States and a
,
wAl not t11 dry
crlminaled against Onf
resident of the County aforesaid; I amr~v*c�Uls
eenv[ [xn
the basis of race. cutur.i
nalrnnal origin, ancestr Y,
�"�°"'R'�cN°'1162'
°r rellr ary
over the age of eighteen years, and not a
��TYO
considerationn tleeadi t
con ng u�
the
to interested in the below entitled
! BINMIGTOAREAM
award of contract
No Lid Shall be ron-k
party or
i PUBLIC NOTTCr. IS
sldered unless It -,sJ
matter. I am a principal clerk of the
HFRE[iY GIVEN that UIe
pinvedP PrnpOsallclormsi
CITY OF HlJNTINGfON
m
HUNTINGTON BEACH INDEPENDENT
t'HEACII- as ACINCY.
conformance with UIe�
Into Bidders
!
a newspaper of general circulation ,
Invite% Scaled bids for
the above sealed pintos`
and well reserve such
Lo bid n+1r St be.
ar cUmpanled by a rer-
printed and published in the City of
Llds in Office of the
Clty Clerk. Secund F loor-
trfred check_ cashier sl
check, or bidder's bond
?00Kl Main Street. Hun.
made payable to the
Huntington Beach, County of Orange,
1 tmgton Peach. Catrforma
AGENCY for an amount
less 10%�
92648. up In the hour;
no than of the.l
State of California, and that attached
of 2-OU P M on Tuesday,
amount bid The sur.-
March 29,-?-Hrds will`
00ri
ceSslul butdrrr Shall he
Notice is a true and complete copy as
be puPhcly npen In the.-
j
hcen%ed m acrordancc
with pruvlslorn °t the
was printed and published in the
COuncll Chamberrrnless
s
olherwr.;e posted
Copies of the Pl.Ins
Buse nC>� and Prn(c%-
srons Code and Shall
I and
SOPCIHuntington
ss Stale Con.
Beach issue of said
cnntfa t dUur as.
Cn nlf dCt dUtument% are'
trd0pont
I
tractor'$ I ILrn5e Glass
' avaliable, from the Office;
A at the tune of the bid
newspaper to wit the Issue(s) of.
I of the. D rednr of Prrbhc
opening The sur:_essful
I Works. ?000 Main-
Cnntractnr and h."
l Street. Hunlurgto n'
subcOnlracturs will he
I Beach. CA 9?648. upon'
reou,red to possess
p payment of a E?M.
husiness Lr Pn;es from
nonrefundable fee rf -
the AGENCY
pecked up, or payment
'-Pr4ject Description:
J4{
of a $3500 nonrelund-
T-he. project .consists
t able tee If mailed.
primarily Of grinding of
Anycontract entered
tl'e eimline pavement.
MARCH 10 17 24 2005
•
r
Into p°'
remnval of faded road.
notrcewillamcurporate
way sectrnn;• asphalt
the provisions of the
paving of faded areas.
Stale Labor Code. Pur-i
overlaying the streets
I Want to the pruvisrnns
with asphalt concrete -
.
of the Labor Code of the._ MDO dL_Q=
- l State of California. the
Installation of Concrete
mmrmurrm prevading rate-
curb and gutter. ad.
declare, under penalty of perjury, that
' of per dlern wages for
I cactitype. classification
lusting manholes. mon..
and varves to
ype of workman
Rrade
grade and mstalllnY
the foregoing is true
`° a
``Thee'°nps
and correct.
contraeded
!:efiv
contract %hail he thOsr.
Shari tie
The. COnlract allows
- determined by the
the cuntracfor 45
Orrectnr of lndu%trial
working day% tO com
Relations of the State of
plele the contract
Executed on MARCH 24 2�t]5
I Cahfornla which are on
The AGENCY reserves
s
file at the Office Of the
the right to reject any
Director of f ubhc Work%,
or all DrdS. to waive any
at Costa Mesa, Califomia.
, 2000 Main Street. Hum
irregularity and to take
I tington #leach. CA 92648
all bids under advise -
The AGENCY will de
moot for a maxunum
duel a 10 '� retention
period of 60 days
from all pins; e5s pay.
BY ORUFR of the CITY
ments The Contras lur
COUNCIL of the CITY Of
may �ubstrtute art es
HUNTINGTON AEAC.H,
Signature
crow holder surety of
CAj.rFORNIA -
-
eQ°al value to the
The 20th day of Sep.
j retention in acCOrilanCP
It-inber 2004
y wllh'thes`proieminns''of •
Attest: -
I the Cahfnrma Govern.
Is/ tom L. Flynn
me. tit (:ode. Sect ion
1TY CLERK OF THE
459O 1lie Contractor
- CfTY Of
Strait be. beneficial Owner
HUNTINGTON BEACH
of the Surety and shall
Pub"rhed ilunlsnglon
rec�Ive any interest
Lthereun_r�
Hear.hi . Independent
MarCIP. '10. 11. 24•
ZOOS 032.535
0 0
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
— -•-=' - —
WMNA I The AGENCY licrebv
COUNTY OF ORANGE )
� l aflrrmat.vely cnsurr_y
WTKEgIMM Thal minority busrnes%
SEALED BE 1 enterpnscs will he
afforded full opporlunily
"' Ile
kAWADn�sTWSMM ;'° submit r„
I am a Citizen of the United States and a
is
ANDADAKSAYHiUE to this nonce
resident of the County aforesaid; I am
and
and will net be des'
- cr�mmalcd a a nst On
�arra�s�moN
�ee�/�,��{
W 4Y WEKTS - the basin of rare. color,
over the age of eighteen years, and not a
(WCONTRARNO. 1162 national nogg,, ancestry.
x- orrehgiUn in any
the below
SC
consideration leading to
party to or interested in entitled
1ialVr�7gniYeOrF, ra[t
N71lx1 NGTON BEACH the award
V1V �[r�
matter. l am a principal clerk of the
shall
N0 bid S''a" be `°"-
PUBLIC NOTICE IS s,aer erl Unless 11 ,5
HUNTINGTON BEACH INDEPENDENT,
HtHFBY GIVEN that the prepared on the ap-
CITY OF IIDNTINGLON prayed Proposal forms
BEACII, as AGENCY. in [nrlfOrn,dn[e with the'
a newspaper of general circulation,
invite% Sealed bids for InytruclionStoBidder�
printed and published in the City of
the above Stated prulect� The bid musl be
and by ccr
will receive f the acedm •
tr,e
rmcd
n
1olds rn the office of chick. cashier's
trfied s
City Clerk- Second Floor, f check• or bidder -s bond
Huntington Beach, County}{ of Orange,
I
arble to tht
`na}AGENCY 'payable
:�o0Nlarl Brf,ac11,Ctl.
State of California, and that attached
! 92b48. LIP 10 the, hour 1 no Irss than 10.1 of the
of 2 00 P M an luenday,� amount bid The sue
Notice is a true and complete copy as
Marcf, >y. Brd� will Ces,ipl biddy: shall he
�be publicly open in the hcco%ed in arcordancC
was and in the
IoCouni [:hampers oaten• wifh prS u1 the
printed published
lherw sons
Ulherw�Se posted Husn,esn And Pr OfeS_
Huntin ton Beach issue of said
9
j of the Plans, gi°m: Cpae and Shall
andrpnnSrSs
ecifi
;Speuh[alrnnt, a State Con
arc Clam
rontracl d°aml1C
l rle
newspaper to wit the Issue(s) of.
O A at the of
avaaable from the Offi[c'-A at the lone nl the bid
. of the Director of Puhl-c npervug The. successful
I Works.. 2n011 Marn I;nrrrr act or aoA hr5
irStreet. Huntington subcontractors wl br
.Beach. CA 92648. upon required to possess
• payment of a T1bW Itlu"Ill", h,senses from
'
1 nonrefundable fee if theACFNCY -
' picked up. or payment . project Description:
,,of a $35 00 nu nrefund The prnlert consist;
MARCH 1 e 7 a 24 a 2Qo5
able Ice if mailed Iprrmanry of grinding of
.
Any contract entered,the exislrr,g pavemPnl,j•
Into pursuant 10 thf: rernnval of faded road
I c will Incorporate•way sccUnna. aspl,all
the 6rovr5runs of the, pavlllTi of faded arras.
f State t ahnr Code Pur-:ovcr1arI1g_ the_ shreds j
- I suant to the provisions, with asphalt concrete.
' of the. 1 annr Code of 1he�.�, j4d rI;-VlWvaL n_
I declare; under that
I Stale of Cahforrva, tne1� installation of concrete
m
mimmum prevailing wing% Sr for curb and gutter, ad'
penalty of perjury,
per aien, a
rash craft, da'.Slfi[atlon lusting manholes. mon-
the foregoing is true and correct.
I or type of workman grade and -valves To
grade and installing
needed to e=ecute the
traffic
- rontract shall be thaw The
TheaCcontract allows
Executed on MARCH 24 2005
de ter m,ned by the
he contractor 45
1 Ducclor ut industrial'
t Relations of ane State of working days to c°m-
at Costa Mesa California.
i Gahlornla. which are on plele the contract.
The AGENCY reserves
file at 'he Office nl the.,the right to reject any
!
Uuector of R,plrc Works.
or all bids, to waive any
7k= Main Street. Mun.
tmgton Head,. CA 92W. "eegutanty and to take
The AGENCY .-II 'de I aII bids under advise
meat for a maxunum
duct a T0`i ietenNnn
period days
tram all prugress pay-
merits The Contraclur BY ORDER of the CITY
Signature
n,dy substitute an cs. HUNIIII, of the CITY OF
HEACFi.
NGTOcrow holder
surety ni' CALIFORNIA.
epual value 10 the The 2 201h dayThe 01 Srp-
•
relent,nn in accordance- tember 20ad
with the p,ov,5,nfn`.. 04,
Attesf:
the C,fld°rn'a Gnvrrn-, /s/ loan L. Flynn
mP.nI Code, Section CITY CLERIC OF THE.
4590 The Cnntfactor CITY OF
shall be beneficial owner j 14UNTINGTON BEACH
of the surety aria sha4l�-rublOied Huntington
receive any interest Beach Independent
Lthereon.
March 10. 17• 24.
2005 032 535
CITY OF
HUNTNIGU-N BEACH, CA
Z005 MAR 2q P 2. 00
10 *Z H bZ UVW SOOZ
V 3 'H 3 V, 3 q N 0 19 N U, N n H
i A 110
• • C IT--r Cad-rLK
City of Huntington Beach
Brookhurst and Adams Intersection Improvements
CC- 11 b2
Bid Date & Time: March 29, 2005 2:00 Y.M.
Engineer's Estimate: 5450,000
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
`1 r,,tt", ,r,r)
_.
2 Los 6 S nmqifefvi,��
3. �qrl Cc� r �
3
�r,5�
4 CS"L� - y:16bC &Dt
5
6
7
8
9.
10_
11
12
13
14_
15
Page , of 1
i !FVO R Le�
i
City of Huntington Beach
Brookhurst and Adams Intersection Improvements
CC-1162
Bid Date & Time: March 29, 2005 2:00 P.M.
Engineer's Estimate: S450,000
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
y 34q 0 9-3 ors
2. LS C l G 1Il �Gr� n
'►1' OlO c�j TJ
3 RCknCo CW
3
S z� y
4 JLA I I �A, C r. Con � r� �,
2
S
5
6
7
8.
9
10
11
12
13
14-
15.
Page 1 of 1
E
SECTION A
NOTICE INVITING SEALED BIDS
for
BROOKIIURST STRI':1•~:T
AND
ADANIS AVENUE
INTERSECTION IMPROVEMENTS
CASH CONTRACT NO. 1162
in the
CITY OF HI✓NTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated project and will receive such bids in the office
of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to
the hour of 2:0() P M on Ttiesclav, !%-larch 29. 2005. 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.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations
of the State of California, which are on file at the Office of the Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class A at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
Project Description: The project consists primarily of grinding of the existing pavement,
removal of failed roadway sections, asphalt paving of failed areas, overlaying the streets with
asphalt concrete, limited removal and installation of concrete curb and gutter, adjusting
manholes, monuments and valves to grade and installing traffic loops.
• The contract allows the contractor 45 working days to complete the contract.
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 COIJNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
The 20"' day of September 2004.
Attest:
Is/ Joan L. Flynn
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
L �'
0 0
-A
u CITY OF HUNTINGTON BEACH
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
LETTER OF TRANSMITTAL
Attention: Joan FlyMn
To: Crty Clerk's Office
2000 Main Street
Huntington Beach. CA 92648
Fax (714) 374-1573
Date: March 3. 2005
ProlecttC.C. No.: C.C. No. 1162
Regarding: Brookhurst & Adams Widening Pro ect
❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:)
® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ® Other: Notice lnvFUna Sealed Sid,
ttem #
Co ies
Pages
Description
1
1
1
Notice Invding Sealed Bids
2
3
4
5
These are transmitted as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
® For your use ❑ Approved as noted ❑ Submit copies for distribution
® For your action ❑ Returned for corrections ❑ Return corrected prints
❑ For reviewlcomment ❑ Other.
Rernarlcs- On January 19, 2005, the Public Works Commission recommended the advertisement of the
Brookhurst and Adams Widening Project, CC-1162. Please find attached the Notice Inviting Sealed
Bids for this project. Please have this advertised for the following three (3) days: 03/10, 03/17, and
03/24. The bid opening is scheduled for 03/29.
Please contact me at 536-5247 with any questions you may have.
c:
By:
M. Todd Broussard, PE, Principal Civil Engineer
G: \C0NSML'CT70N COWFACTS (CCS) \CC 1 I 62\ 11621kn•N5T0CLvuLD0C