HomeMy WebLinkAboutInspection Engineering Construction - 2001-11-190
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HUNTINGTON BEACH
City of Huntington Beach
INTER -DEPARTMENT COMMMUNICATION
TO: THOSE LISTED HEREON
FROM: Robert A. Martinez
DATE: March 20, 2003
SUBJECT: Retention Release Payment
Company Name: Inspection Engineering Construction
Address: 2973 Harbor Boulevard, Suite M 516
City, State and Zip Code: Costa Mesa, CA 92626
Phone Number: (714) 240-9272
Business License Number:A 218498 Exp. 8/03
Local Address: Same as above
Notice of Completion Date: Pending
Contract Purpose: Release remaining 10% money to contractor from Cash Contract 1171
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are on file on the *eci
Date Robert F. Bea
certify that there are no outstanding invoices on file.
-Zy-v�3
Date
me.
ey, Public Works Director
Shari Freidenrich, City Treasurer
I certify that no stop notices are on file on the subject contract, and that a guaranty bond
has been filed with this office.
D to Connie Brockwa City Clerk
Reten. Release 3/20/2003 4:42 PM
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DATE March,,
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• Recorded in Official Records, C�ty of Orange
T Tom Daly, Clerk -Recorder
51
WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
CITY OF HUNTINGTON BEACH 213 91 N122003000429894 01:15pm 04/17/03
Attn: RobertA. Martinez 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648 T?Q OS J_
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington a
Beach, CA 92648, that the contract heretofore awarded to Inspection Engineering Construction, Inc.
who was the company thereon for doing the following work to -wit:
TRAFFIC SIGNAL MODIFICATION / IMPROVEMENTS; CC-1171
This project includes: Signal modifications at Delaware/Garfield, Lake/Adams, and Springdale/ Slater.
That said work was completed December 19,2002 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the Director of Public Works on December 19, 2002, per City Council Resolution No. 2002-
10 adopted February 19, 2002.
That upon said contract First National Surety was surety for the bond given by the said company as
required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this March 19, 2003.
V
Erector of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing
NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents
thereof; the same is true of my knowledge.
I declare unde
r
Dated at Huntington Beach, California, this March 19, 2
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Robert A. Martinez
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
TOM DALY
Orange County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702
14
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Recorded in Official Records,. __._._.....
Tom Daly, Clerk -Recorder ty of Orange
WHEN RECORDED MAIL TO: 11111111111111111111111111111111111qIII!lIIIIIIIIIIIIIIlII!lIIIIIlINO FEE
CITY OF HUNTINGTON BEACH 213 91 N,i 003000429894 01:15pm 04/17/03
Attn: Robert A. Martinez 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded to Inspection Engineering Construction, Inc.
who was the company thereon for doing the following work to -wit: t
'TRAFFIC SIGNAL MODIFICATION / IMPROVEMENTS; CC-1171
This project includes: Signal modifications at Dela%eare/Garfield, Lake/Adams, and Springdale/ Slater.
That said work was completed December 19,2002 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the Director of Public Works on December 19, 2002, per City Council Resolution No. 2002-
10 adopted February 19, 2002.
That upon said contract First National Surety was surety for the bond given by the said company as
required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this March 19, 2003.'
I... - 1/11 ...-# 0 " � b
rector of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA
County of Orange ) ss:
City of Huntington Beach }
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing
NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents
thereof; the same is true of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Orange County.
Dated at Huntington Beach, California, this March 19, 2003. n A
irector of Public Works or Citj Engineer
ity of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Robert A. Martinez
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
•
is
e, CITY OF HUNTINGTON BEACH
2000 MAIN STREET--CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: AotL� 1.2. )40 a
TO: -� �� C%n P/r.r� ATTENTION:
Name
6" DEPARTMENT:
S c
%26dA REGARDING: ,G»xjr,/
City, State, Zip
41A r-A cc - /171
See Attached Action Agenda Item Date of Approval 11-4 -o Z
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item: .
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement t/ Bonds Insurance
RCA Deed Other
Name Department RCA
Name
Name
Department RCA
Department RCA
Name Department RCA
Name Department RCA
g:/followup/letters/coveritr.doc
(Telephone: 714-536-5227 )
Agreement '
Insurance
Other.
Agreement
Insurance
Other
Agreement
Insurance
Other
Agreement
Insurance
Other
Insurance
OCITY OF HUNTINGTON BEACH
MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096
Ori �i R� �',�I i U .
Council/Agency Meeting Held: L-
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signat
Council Meeting Date: November 6, 2002
Department ID Number: PW 02-096
-,-
CITY OF HUNTINGTON BEACH
o
REQUEST FOR ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS-
SUBMITTED BY:
.c
RAY SILVER, City Administrator O-L�ZZ
PREPARED BY:
ROBERT F. BEARDLEY, Director of Public Worksl
I
SUBJECT:
APPROVE THE AMENDMENTS FOR CC-1171 AND CC-1163
Statement of Issue, Funding,Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Amend two Public Works contracts, CC-1171 and 1163, allowing
Inspection Engineering Construction, a sole proprietorship, to change its contractor's status
to a California Corporation.
Funding Source: Not applicable
Recommended Action: Motion to:
1) Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between
the City of Huntington Beach and Inspection Engineering Construction for Installation of
Traffic Signals
2) Authorize the Mayor and City Clerk to execute Amendment No 1 to Agreement between
the City of Huntington Beach and Inspection Engineering Construction for Traffic Signal
Communication and Operation Upgrade Project
Alternative Action(s): Deny Approval of the recommended action.
Analysis: Inspection Engineering Construction, previously a sole proprietorship, became a
California corporation on May 19, 2002. The City currently has two pending, city -funded
construction contracts: CC-1171, which is under construction, and CC-1163, which is ready
to begin. Both parties wish to amend the two original agreements to reference the Contractor
as a California corporation, and to bind the entity to the original agreement.
GAR C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc
10/28/2002 8:54 AM
or
•
L�
REQUEST FOR ACTION
MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PW 02-096
Attachment(s):
RCA Author: RAM
GAR C A\2002\02-096 Nov 6 Martinez (amend CC1171-1163).doc
10/24/2002 3:04 PM
f3-
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE ee ' It 43
CITY OF HUNTINGTON BEACH AND INSPECTION
ENGINEERING CONSTRUCTION FOR INSTALLATION
OF TRAFFIC SIGNALS r
THIS AMENDMENT is made and entered into the �� fh day of , 2002,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY", and INSPECTION ENGINEERING CONSTRUCTION, a
California corporation, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated
November 19 2001, entitled "City Funded Construction Contract Between the City of
Huntington Beach and Inspection Engineering Construction for Installation of Traffic Signals at
Various Locations in the City (CC-1171)" which agreement shall hereinafter be referred to as the
"Original Agreement," and
Since the execution of the Original Agreement, CONTRACTOR, previously a sole
proprietorship, became a California corporation on May 19, 2002,
NOW, THEREFORE, the parties wish to amend the Original Agreement to reference the
CONTRACTOR as a California corporation, and to bind the correct entity to the Original
Agreement. The first paragraph of the Original Agreement is amended as follows:
THIS AGREEMENT, made and entered into this 19th day of November, 2001, by
and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY" and Inspection Engineering Construction, a
California corporation, hereinafter referred to as "CONTRACTOR."
02agree/inspect amend/9/17/02
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
INSPECTION ENGINEERING CITY OF HUNTINGTON BEACH, a
CONSTRUCTION, INC., a California municipal corporation of the State of
corporation, California
By: �f}� — Pc A 1 .
yes;
print name
ITS: (circle one) Chairman/ reside Nice
President
AND
By: U P M f9-� TJ��h► > �,
pri t�a�
ITS: (circle o Secretar ief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
M� li -ITT"
ATTEST,:
City Clerk Jr
APPROVED AS TO FORM:
.�- City Attorney l ✓dv
y—lL—o,r /a•/S-dZr
INIT TE APPROVED:
Director of Public Works
02agree/inspect amend/9/13/02 2
0
•
'�� CITY
OF HUNTINGTON
BEACH
2000 Main
Street
P.O.Box
190
California 92648
Robert F. Beardsley, P.E.
Director
March 19, 2003
County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
Subject: Notice of Completion for the Traffic Signal
Modification / Improvements; CC-1171
Department of Public Works
(714) 536-5431
This is our formal request to record the enclosed original Notice of
Completion for the subject project. Please forward a recorded copy to
my attention at, City of Huntington Beach, Department of Public Works,
2000 Main Street, P. O. Box 190, Huntington Beach, CA 92648,
Enclosed is a self-addressed, stamped envelope for your use.
If you have any questions, you can contact me at (714) 536-5423.
Sincerely,
R4ert"A. Martinez
Co structlon Division
Enclosed;
Notice of Completion for CC-1171
CO Y
G/Template/ Cover Letter for NOC
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Robert A. Martinez
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington
Beach, CA 92648, that the contract heretofore awarded to Inspection Engineering Construction, Inc.
who was the company thereon for doing the following work to -wit:
TRAFFIC SIGNAL MODIFICATION / IMPROVEMENTS; CC-1171
This project includes: Signal modifications at Delaware/Garfield, Lake/Adams, and Springdale/ Slater.
That said work was completed December 19,2002 by said company according to plans and specifications
and to the satisfaction of. the City Engineer of the City of Huntington Beach and that said work was
accepted by the Director of Public Works on December 19, 2002, per City Council Resolution No. 2002-
10 adopted February 19, 2002.
That upon said contract First National Surety was surety for the bond given by the said company as
required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this March 19, 2003.
Iirector of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA
County of Orange ) ss:
City of Huntington Beach )
I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing
NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents
thereof; the same is true of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Orange County.
Dated at Huntington Beach, California, this March 19, 2003. A n
-tor of Public Works or City Engineer
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Robert A. Martinez
P.O. Box 190 — 2000 Main St.
Huntington Beach, CA 92648
CITY OF UNTINGTON BEACH Res"'.a003-0D
REQUES OR ERVICES Assn . To r�
Gal , City Attorn Date .".` , ; i D 3
Date: qu t made by: elephone: Department:
1/23/03 obert A. Martinez X-5423 Public Works
INSTRUCTIONS: File r in the City Attorne s Office. Outline reasons for this request and state
facts necessary for City tt ney to respond. Pi se attach all pertinent information and exhibits.
TYPE OF LEGAL .SERVI S REQUESTED:
❑ Ordinance Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ® Bond
❑ Meeting ❑ Contract/Agreement ❑ Deed
❑ Court Appearance ❑ Insurance ® Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ® Yes ❑ No
Unless otherwise specified herein, 1
If not for Council action, consent to a disclosure of the
If for City Council action, desired completion date: informatio nt ned in this RLS to all
ember h ity ouncil.
Agenda Deadline
Council Meeting 1/30/03 Signature o epartment Head
COMMENTS
Please review and approve "As To Form" the attached One Year Maintenance
Bond and attached documents from Inspection Engineering Construction, Inc. for
the. Traffic Signal Modifications / Improvements, CC# 1171.
Attached are the following: _
1. Maintenance Bond, # 6122523, One set
4^ > r
2. Certificate of Fact, One Sheet - L.,
3. Certification of Compliance, One sheet 4"
1-1
4, Declaration of Satisfaction of Claims, One sheet
Routing ❑ GCH DPDA ❑ LB ❑ SL ❑ JF OADL ❑ SF ❑ JM ❑
This Request°for Legal Services has been assigned tQ, attorney ,
extension : His/her secretary is .� , extend l �R,?a 3
Notes File: Name Date Completed.
WP No..
= Shaded areas for City Attorney's Office use only.
RI R fnr Main Rnnri 1/910nnl Q-0A AM
FIRST NATIONAL 1NSURANCECO.OF AMERICA
4333 Brooklyn Avenue N.E.
Seattle, W A 9810S
MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS, That we,
BOND NUMBER 6122523
PREMIUM INCLUDED IN PERFORMANCE BOND
Bond
INSPECTION ENGINEERING CONSTRUCTION, INC.
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly
organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, in the penal sum of EIGHTEEN THOUSAND ONE AND N01100 — — — — — — — — — — — — — —
———————————————————— — — — — —— (S18,001.00— — — — — ——
)
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators,
successors and assigns jointly and severally, firmly by these presents.
WHEREAS,. the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH
dated
for
TRAFFIC SIGNAL MOD. AT DELEWARE/GARFIELD, LAKE/ADAMS, AND SPRINGDALE/SLATER.
CASH CONTRACT NO. 1171
WHEREAS, said Contract has been completed, and was approved on SEE BELOW
day of 19
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that
the work will be free of any defective materials or workmanship which become apparent during the period
of * ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to
remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is
extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee.
Signed, sealed and dated this 14th day of JANUARY 19 2003
r TO
`' FOgI`ZI , + INSPECTION ENGINEERING CONSTRUCTION, INC. (Seal)
v (Seal)
Y�
De u ty City (Seal)
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
SHAWN BLUME Attorney -in -Fact
S-3210/EP 7/94
STATE OF
CALIFORNIA
SS.
COUNTY OF RIVERSIDE
On l , before me, R. STANDLEY
PERSONALLY APPEARED
personally known to me (Qr+-owad *^ mg Qa 4w laiwi . 4
@ -ia^^^^` to be the person(f4 whose name(&)-
___._.
is/ara subscribed to the within instrument and acknowl-
edged to me that he/ewe}-executed the same in his/
.her-'/kheiv authorized capacity4es), and that by his/lief/
44eir signature* on the instrument the person4 or the
entity upon behalf of which the person{r)-acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
SHAWN BLUME
�' Co"�TAND
2f3272
IE
NOTARY PUBLIC -CALIFORNIA
RIVERSIDE COUNTY
IUIy Comm. Expires June T, 2o04
This area far Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Iiev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
n
POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
IFIRST 333 BROOKLYN AVE NE
OF ATTORNEY �TTLE, WASHINGTON 98105
4333 Brooklyn Avenue N.E.
Seattle, WA 98105
No. 9882
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
w►swrrrwswrsrr►►s+*r►s+s+*rwrr►+r►s+t►►+rsws►sr►r►*wss**s+rrSHAWN BLU1v1E; Riverside, CAIifOtniawr+rsws+s+r+•rs►wrsrrrssr+r►srrw+rrrrrsr+rs►►�rss►srwrr►ar+w+►r
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 8th
R.A. PIERSON, SECRETARY
CERTIFICATE
day of June
, 1999
U�4I&A64
W. RANDALL STODDARD, PRESIDENT
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this / `T day of 0—
SEAL
is
\+ • R.A. PIERSON, SECRETARY
S-1049/FNEF 7/98
6/8/99 PDF
Company Profile
U
Page 1 of 2
Company Profile
i( ce Ins
FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA
SEATTLE, WA 98185
800-544-2614
Agent for Service of Process
DAWN JEWORSKI, 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA 92708-4792
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
24724
NAIC Group #:
0163
California Company ID #:
0978-7
Date authorized in California:
January 03, 1929
License Status:
UNLIMITED -NORMAL
Company Type:
Property & Casualty
State of Domicile:
WASHINGTON
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms, please refer to the glossaEy.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
http://160.88.209.44/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_EID=3075 1/23/2003
DEC-20-2M2' 17:45
HUNTINGTON BEACH 714 374 1573 P- 02/02
City of Huhfir ton Such
Deparbneat of Public Works
Pon Office Box 190
Huntington Beach, CA 9264g
Subject: CartiScation of Compliance with Title VII of the Civic Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen;
The undersigned, coatractor on
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, train=. watchmen and guards employed
by him or by any rabeontractor performing work under the contract on the project have been paid
%%Ses at rates not teas than those required by the contract provisions, and that the work performed
by each such laborer, mecbania, apprentice or trainee conformed to the classifications sct forth in
the contractor ttainiag program provisions applicable to the %Sage rate paid.
Si"turn'ajid Tide
sw e"Mom
�l»:1r•.6i ri t. .
TOTAL P.02
DEC
-ZO-2002 17:45 HUNTINGTON BEACH 714 374 1573 P.01i02
DECLAR„ ATIM DF SATISFACTION OF CLAIMS
state:
1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully
described in tho public a orka contract entitled %� t Sr 4 _ �� L / / ;—Z/
grid dated
2. All workers and persons employed, aU firms suppl3•ing materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The following du a either disputed claims, or items in connection %%ith Notices to Withhold,
which have been filed under the provisions of the statutes of the State of California:' (if none,
state "NONE') ,�a,,7,e—
post4r Fax Note 7671 wee 6-
To �, C—
Co-
oeJDePL
phone li
ptrane�
ax e
71
I declare under penalty of perjury that the foregoing is true and correct.
Executed at QfAaf2= C o on dais 20 day of �De-c- _ , m4,
(Signature of Contractor)
gcciceshcon2
OFFICE OF THE CITY CLERK
(CONNIE BROCKWAY.
CITY_CLERK"
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: January 29, 2002
TO: Inspection Engineering Construction ATTENTION:
Name
2973 Harbor Blvd: , : Suite 516 DEPARTMENT:
Street
Costa Mesa, CA 92626 REGARDING: Construction Contract
City, State, Zip
CC-1171
See Attached Action Agenda Item E-4 Date of Approval 11 / 19 / 01
Enclosed For.Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds x Insurance x _
RCA Deed Other
CC:
Name -
Department
RCA
Agreement
Insurance
Other
E. Charlonne
DPW
x
x
x
bonds
Name
Department
RCA
Agreement
Insurance
Other
S. Freidenrich
Treas.
x
bonds
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
C. Mendoza
Risk Mgmt
x
x
Name
Department
RCA
Insurance
(Telephone: 714-536-5227 )
•
•
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
INSPECTION ENGINEERING CONSTRUCTION FOR INSTALLATION OF
TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY (CC-1171)
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
6
10.
INDEPENDENT CONTRACTOR
6
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
8
11
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
9
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
10
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS' COMPENSATION INSURANCE
11
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
12
22.
DEFAULT & TERMINATION
13
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
13
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
14
27.
NOTICES
14
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ATTORNEY'S FEES
15
32.
ENTIRETY
16
[7
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
INSPECTION ENGINEERING CONSTRUCTION FOR INSTALLATION OF
TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY (CC-1171)
THIS AGREEMENT, made and entered into this 19th day of November
200 1 , by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and INSPECTION ENGINEERING
CONSTRUCTION, a sole proprietorship, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as installation of traffic signals at the intersections of
Delaware and Garfield, Lake and Adams and Springdale and Slater (CC-1171) 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:
STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
01agree/traffic signal/12/6/01
•
•
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the compensation set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 2000 edition including 2001 supplement of Standard Specifications
for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard,
Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern
01 agree/traffic signal/12/13/01 2
•
California chapter of the American Public Works Association and the Southern California
District Associated General Contractors of the California Joint Cooperative Committee;_
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and -expense.
Should there be -any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR'agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed One
Hundred Eighty Thousand and Five Dollars and fifty five cents ($180,005.55), as set forth in the
Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
01agree/traffic signal/12/6/01 3
•
•
within ninety (90) consecutive working days from the day the "Notice to Proceed" is issued by
DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do.all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and.CITY. forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
=proVisions of this Agreernent. CITY shall have complete control of the premises on which the
work is -to he 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 the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the. PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
01agree/traffic signal/12/6/01 4
•
•
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and
pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for
labor and materials furnished. Only bonds issued by California admitted sureties will be
accepted.
01agree/traffic signal/12/6/01
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the
defective item or items. Upon expiration of such ten- (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor..and.not and employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security, state disability insurance compensation, unemployment compensation
and other payroll deductions for CONTRACTOR and its officers, agents and employees and all
business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto 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 Five Hundred Dollars ($500.00)
per day for each and every working day's delay in completing the work in excess of the number
of working/calendar days set forth herein, which represents a reasonable endeavor by the
parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in
the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages
01agree/traffic signal/12/6/01 6
• - •
herein provided, and further agrees that CITY may deduct the amount thereof from any monies
due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement),notify the DPW in writing of the cause of -the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
01 agree/traffic signal/12/6/01
•
•
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for.:performance of any. part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2)
Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in
01 agree/traffic signal/12/6/01 8
price or time for completion shall be allowed if asserted after final payment under this
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty.
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (100%) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for which payment is demanded has
been performed in accordance with the terms of the Agreement and that the amount stated in
the certificate is due under the terms of the Agreement. Partial payments on the contract price
shall not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
01 agree/traffic signal/12/6/01 9
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California. .
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in
whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, including but not limited to concurrent active or passive negligence except where
caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONTRACTOR will conduct all defense at its sole cost and expense.
01agree/traffic signal/12/6/01 10
19. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a,certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
01agree/traffic signal/12/6/01 11
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy.is currently in.force; . -
3... shall promise to provide that such policies will not be canceled or modified
without thirty (30) days' prior written notice of CITY; and
4. shall state as follows: "The above -detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar -type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
01agree/traffic signal/12/6/01 12
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon
such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event
CITY may make good the deficiency in which the default consists and deduct the resulting... .
costs from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documentspertaining to this Agreement shall
be.delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
01 agree/traffic signal/12/6/01 13
26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be enfitled to reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar
legal document. Said obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named
in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense
so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder.. shall be delivered in person -or by .
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only,, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
01agree/traffic signal/12/6/01 14
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
32. ENTIRETY
The foregoing, and Exhibit"A," attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
INSPECTION ENGINEERING
CONSTRUCTION
Jamal Deaifi, sole proprietor
REVIEWED AND APPROVED:
City At6ifinistrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST -
City Clerk 0�-z9-02
APPROVED AS•TO FORM:.,
City Attorney �I b
jj /0-0I � 1 (Z -0
el / D AND APPR ED:
b rector of Public Works
01agree/traffic signal/12/6/01 15
4, ,� f t •
SECTION C
PROPOSAL
for the
Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater
CASH CONTRACT No. CC-1171
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 90 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
L-ATINT A
If awarded the Contract th•dersi undersigned agrees rees that in the event of the BIDDER'S default in
g
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 d in the amount of $ oa which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No.
Date.Received
Bidder's Signature
�1/va.•.
/Lo it-c
C-2
PROJECT BID SCHEDULE
CC-1171
1
1 LS
Install traffic signal at Springdale/Slater*
@ .cam ej5t
-- 4 Dollars
$ e9l 3X
$ A4, 8
Per LS
2
1 LS
Install traffic signal at Adams/Lake*
A..����.��..R..-. Dollars
$ 3 SS� S�
$Ore --S
Per LS
3
1 LS
Install traffic signal at Delaware/Garfield*
Dollars
$ 43, 4q?,
$ 43 6 3
Per LS �N
4
1 LS
Clearing and grubbing
Dollars
$
$ ��
Per LS
5 65 CY Unclassified excavation .
@ G'
Dollars $ �6 $ S 606,
Per CY
6 57 Tons Asphalt concrete
@
3 Do lars $ 12,0 ,a? $ 2 2 ro '
b �.
-� �� C
Per Ton
C-2.1
•
PROJECT BID SCHEDULE
CC-1171
7
66 Tons
Crushed aggregate base
Dollars
$p.
Per Ton
8
55 LF
Construct AC berm
@
Dollars
$ 3 4 1-0
/oa
Per LF
9
1 LS
Construct 4" PCC�C signal controller pad
0
"�-�✓r Dollars
$ 57
$ �
Per LS
10
11 ELT
Install Type I slurry seal
@
�T,.r.,rS� •.ram. Dollars
$ ( Zq
$
Per ELT
Total Amount Bid in Figures: $ O p0 ,S
Total Amount Bid in Words: 0,ne1,Ad v� t�
a-•� Ste- e'm •
*The City will provide traffic signal poles, safety lighting, signal heads and
lenses, signs and some appurtenances (see plans) at no cost to the
contractor. Contractor shall pick up materials at the City Yard, 17371
Gothard Street. Contact Donn Strook 48 hours (2 working days) in advance
for pick up at 714.536.5530.
C-2.2
gIST OF SUBCONTRACTOR
In accordance with Government Code Section 4104,-the Bidder shall set forth the name and
business address .of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
/1 Ail C
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
ONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
V/` 04A L D e� / F , being first duly sworn, deposes and says that he or she is
DcvoV of 2-- C -- L 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.
Name of Bidder
Signature of Bidder
Z a :?-3 -F I 4p=- 'c / C as -1—A+'g,> o ya 9Zl�G
Address of Bidder
Subscribed and sworn to before me this 7-7 day of
NOTARY PUBLIC
ARY SEAL
cc J- , 2000L
LISA WILCOX
COMM. #1231439 a
NOTARY PUBLIC - CALIFORNIA
m ORANGE COUNTY CO
01MY Comm. Expires Aug. 7, 2003
C-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the
Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater
(I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: oby_',&(.
-r: c `G
Contractor
z)��f} i
By
Title
6'��aew
C-5
r i ,
DIS ALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes ' No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPIPSATION INSURANCE CERT9ICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: Z % o
r.E- c
Contractor
By
Title
/I0-V
C-7
U DERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
By
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additional forms may be obtained from the AGENCY
upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder Name
z O P3 T 10- 5-76
Business Address
ADS zg:Cf, GA 61Z6?e
City, State Zip
()Z4d-%Z
Telephone Number
State Contractor's License No. and Class
UO% L¢/ 99
Original Date Issued
;(pj/ Zo63
Expiration Date
The work site was inspected by Al AL- of our office on o , 200_.
The following are persons, firms, and corporations having a principal interest in this proposal:
C-9
The undersigned isprepared�o satisfy the Council of the City of Hun in ton Beach of its ability,
g Y g Y
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Company Name
Signature of Bidder
Printed or Typed Signature
Subscribed and sworn to before me this ZJ- day of oc l-- , 200o(.
NOTARY PUBLIC
.Y SEAL
LISA WILCOX
d COMM. #1231439 d'
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY C11
My Comm. Expires Aug. 7, 2W3
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
2.
3.
.�e'r '-4ac'�-J.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
Date Completed
Date Completed
Date Completed
C-10
'R�TIA�O�I�L��Y�ET
BID BOND
KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION
of 2973 HARBOR BLVD. SUITE 516, COSTA MESA, CA 92626 (hereinafter called the Principal),
as Principal, and FIRST NATIONAL INSURANCE CON"PANY OF AMERICA, of Seattle, Washington, a corporation duly
organized under the laws of the State of N-Vashington as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
(hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID
Dollars ($ 10% OF BID )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit
a proposal to the Obligee on a contract for
TRAFFIC SIGNAL VARIOUS LOCATIONS
NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as
may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee
for the faithful performance: of the said Contract, then this obligation shall be void; otherwise to remain in full force and
effect.
Signed and sealed this 25th day of OCTOBER 2001
Witness
S-3208/EP 7/94
INSPECTION ENGINEERING CONSTRUCTION (Seal)
Principal
Title
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
�4�
SHAWN BLUME Attorney -in -Fact
POWER MLIRST NATIONAL INSURANCE COMPANY OF AMERICA
3 BROOKLYN AVE NE
OF ATTORNEY TILE, WASHINGTON 98106
4333 Brooklyn Avenue N.E.
Seattle, OVA 98105 No. 9882
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
Riverside,
its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 8Ql
day of June
1999
_6�v k� 146116w�
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL i
0 1928.Z:1.93�
this X+k day of D ;?oo I
R.A. PIERSON, SECRETARY
S-1049/FNEF 7/98
6/8/99 PDF
STATE OF
COUNTY OF
CALIFORNIA
RIVERSIDE
On [0/as d� - , before me,
PERSONALLY APPEARED
SS.
R. STANDLEY
personally known to me (a- • Qd t^ ^, ^ }h^ris-e€
to be the person(( whose name(9j-
is/.a�a subscribed to the within instrument and acknowl-
edged to me that he/sl @,14 executed the same in his/
authorized capacity4es), and that by his/hef'/
4heir signature(e} on the instrument the person4or the
entity upon behalf of which the person(&tcted, executed
the instrument.
WITNESS my hand and official seal.
g /
Si nature
OPTIONAL
SHAWN BLUME
/,.�".-...., R. STANDL.EY
COMM. #1263272 �
` NOTARY PUBLIC -CALIFORNIA y
\ RIVERSIDE COUNTY -
.ems My Comm. Expims Juno 7, 2004
This area for Official 1\Totarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-os, Rea.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
City_
Person to contact
Project
Amount
Complete
Anaheim
Mr. Ken Riggins
Traffic Signal /
$130,000
10/25/00
(714)-376-6744
Street Light/
Interconnect
Hermosa
Mr. Homayoun Behboodi
Traffic Signal/
$164,000
6/l/00
Beach
(310)-318-0212
Interconnect
Tustin
Mr. Doug Anderson
Traffic Signal
$98,000
10/1/00
(714)-573-3172
Irvine
Michael Pinsoneault /10
Traffic Signal/
$75,000
1/25/01
(949)-724-7562 wl C.,Interconnect
Fullerton
Karen Kobayash
Street Light
$115,982
6/1/01
(714)-738-6867
Orange
Dennis Schmitz
Traffic Signal
$199,000
8/5/01
(714)-532-6427
Fountain
Mr. Jose Alir, P.E.
Traffic Signal
$430,000
In Progress
Valley
2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719
License # 767793
a, �■"•
i
DATE (MMIDDIYY)
1215/01
THIS CERTIFICATE IS SSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PRODUCER
FARMERS*
Dalati s Insurance Agency
License #0768138
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
FARMERS INSURANCE COMPANY
(714) 956-2222 • Fax: (714) 956-2434
CODE 791 S. Brookhurst • Anaheim, CA 92804
INSURED INSPECTION ENGINEERING CONSTRUCTION
COMPANY
B
JAMAL DEAIFI 01 Gvir
3776 MESA VERDE DR #M103 v^K\T FLt"
COSTA MESA, CA 92626 IN 000.91�,
COMPANY
C
COMPANY
D
�v'S`{`•`:
Q` - �SRaa:a
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE aFOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM 'OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM1DD/YY)
POLICY EXPIRATION
DATE(MM(DDIYY)
LIMBS
GENERAL
LIABILITY
GENERAL AGGREGATE -
$ 1,000,000.00
PRODUCTS - COMP/OP AGG
s 1,000,000.00
A
®
COMMERCIAL GENERAL- LIABILITY
015690 02 91
6/14101
6114102
PERSONAL 8 ADV. INJURY
1,000,000.00
A
c a ,
LMMS MADE ®OCCUR.
EACH OCCURRENCE
1,000,000.00
A
OWNER'S 8 CONTRACTOR'S PROT.
FIRE DAMAGE (Any one Fire)
75,000.00
MEO EXP (Any one Person)
$ 5,000.00
A
AUTOMOBILE
LIABILITY
ANY AUTO
015690 02 91
6/14/01
6I14/02
COMBINED SINGLE LIMIT
$ 1,000,000.00
BODILY INJURY
(Per Person)
$
A
A
El
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
A
A
®
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHERTHANAUTOONLY:
^@,z , a,o�;`�aiavi \z?
h$
EACH ACCIDENT
AGGREGATE
$
\ „
EXCESS LIABILITY
1 1 V L 1a. a
� GAII, �2' l �i� ,
City
C
.�-.
�`
oy Attrne
EACH OCCURRENCE
$
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
By: Deputy Cit3
Attorney
AGGREGATE
$
$
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
-: _
. IN RED R
> Q" - ::,i:: C ;'•; {. !
A I { �A� 'W, F")
5TATLITORY
M1
EACH ACCIDENT
$
DISEASE - POLICY LIMIT
$
DISEASE- EACH EMPLOYEE
$
La OFFICERS ARE: EXCL
OTHER
A
OTHER LEASED/RENTED
016690 02 91
6/14/01
6/14102
LIMIT 1,760,000/ ANY. -_ ONE ITEM j
CONTRACTORS EQUIPMEN
750,000 DED. 7600
i
I
DESCRIPTION OF OPERATIONS/LOCATKNISNEHICLESMPECIAL ITEMS
j
CITY OF HUNTIONGTON BEACH ADDITIONAL INSURED AND CERTIFICATE HOLDER
I
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY V49SV411FAW W MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTHORIZED REPRESENTATIVE
l`JJb IZ) 104+ rraur �.r�J• ..�.�.... �, • �. .. -- —
.
Additional Insured - Owners, Lessees or Contractors (Form 8)
CG 20 10 11-85 u oo,
Policy Amendment General liability Vul-� FiLIF
J'1zCO3 INSPECTION ENGINEERING POLICY NUNt6ER. 015690 02 91
CONSTRUCTION
',GUCER: DALATI' S INSURANCE WENCY FFFFC:TIVE GATE: 12/20/01
SCWEDUL.E
ne Of Person Or Organization:
CITY Cr- HUNTINGTON BEACH
ITS AGENTS, OFFICERS ANO EMPLOYEES
r. o. oox i so
HUNTINGTON BEACH, CA 92648
.40 ENTRY APPEARS ABOVE. INFORMAVIDN REQUIRED TO COMPLETE THIS ENOORScMENT Wlt l BE
AWN IN THE OECLARATIO.1,IS AS APPUCABLE TO THIS ENOOPSEMENT.)
;O "IS ANANSURED (Section I!) is amended to -iri- liability arising out of your work for that insured by
de as an insured the. person or organization or for you.-
Dwn in the Schedule. but on,y with .respect tb ----- --_— --
_ FARMERS'
Dalati's Insurance Agency
License #0768138
(714) 956-2222 • Fax: (714) 956-2434
791 S. Brookhurst • Anaheim, CA 92804
PRIMARY INSURANCE ENCOR3E :'ANT
It is agreed that such insurance is afforded by this policy for the benefit of
INSPECTION ENGII�EER�NG �Pa� Cox ��I,,.f IfCsutxontractow's c+perations cr by
shall be prmary as respects any c aim, css o + r� RJ „
"its indepeneent contractors and any other insurance maintained by ti-e above referenced addit,oral insureds
.-shall be non-Conlnbutory wrth th3 insurance provldeo hereunder. 4.
Jcb: SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS
PROJECT # 1171
TrMs Fufrl rnu5t " aaachea :o Cnange Erae.;crosr.+ wnrr ;; Ev .'•e Policy is wr*-
Ot+E CP ?HE FIR"FMAN'S FUNC INSURAtIC£ C0mgAN1:$ ���.:£� :v "y=_ PoL;CY
APPROVED AS TO FORM:
GAIL HUlTOIT, City Attorney
BY: Deputy City A :.torneY
• �- K
�fLymz
•
L_J
1/1% M�y}�MA;r iuR, iMrq►�u�CVJT.r1,��LCy�ytri�
or THE
341 WE C= DRM
A, O. WX 141711.
f \i Ca ORANCZ , CA 92613-1571
C.(ARK OF rH6 SUPERIOR COURT
AUGUST 1, 2001
Y MAW 'm !?ry1callst jm CLM OF tPliR WARWaE Com Ill im Fm
CkF!''.iC.iAi. CY131'WM IN • WO ;>1W'>k O OV M WPM= CMM,, MUM t3'A' CUM,
I?-"= 05',CA►L,XFCRM.
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//Eyy��..1'R��Ity��Sp�t'�cT7i�V��FJyt���Jm = 21" i�'til'pi'��re pus�y' /= TO wzs �y�AyT,I �r U 13Y = :t�l aa4m
VR+i7l7.tiw70iCtWAt/ IS cp rnla M ip+M h7A:.1.�rT.uw �/1�+tr ,4`�i�f�+��` �yC Yt`"��i��ii�
Yb ;tfa��l wT'����°, :tv�'!�` )a cW °.5^1, IvE MMW AL�'1' 9D TO °Mid, .Etl�" M AiD M ".hi
IMA
IN
WrMW/ �M�U� YACp 2 ^�AVIAA q�1�j�to ai7�f MY Iij�tRg1+p��AN�/Y AWF�J3= M:i1 /Y�}G�V1Y�jOF�/�pFW
So V IIW W�Ad• � *iYi� IMAI 7 c cuvmm IN ANF, A���. � w_ � OF �J.Y�{`I�7Oi.
AM CCrMit- OF IM NOS= COW
O' � BTAW, Of CAL A
yr Lt DA C. WALLACE
•
V -rY O F'
CLERK OF THE SUPERIOR COURT
CERTIFICATE OF rAC:r.'
DATE JULY 13, 2001
ri: N:v ZA ATY:: , L-%E=II/E OFFICER AND
OF TFE SUPERIOR COURT
ORANGE COUNTY SUPERIOR COURT
PROBATE COURT OPERATIONS
341 THE CITY DRIVE
P. O. BOX 14171
ORANGE, CA 92613-1571
TEE COUNTY OF ORANGE., STATE OF • • • HEREBY CERTIFY THAT I AM THE
OFFICIAL CUSTICIDIM OF H• a•• • • OF HE SUPERIOR COURTs COMMOF ORANGE:
�t OF -4I _s
I DO ETHMM CERTIFY THAT A COMPLETE LIST OF ALL INSURERS ADMITTED TO 'TRANSACT
SURETY INSURANCE IN THIS STATE, AS CERTIFIED TO THIS DEPARTMENT BY THE INSURANCE
COMMISSIONER, IS ON FILE IN THIS OFFICE. FIRST NATIONAL INSURANCE COMPANY OF AMERICA
IS ON THE LIST AS ONE OF THE INSURERS ADMITTED TO TRANSACT SURETY INSURANCE IN
THE STATE OF CALIFORNIA.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE
SQPMOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE.
�• :nay• • M.�1•
!� •I iA• ' • -il v• • al• •'• •• •�1
OF THE STATE OF CALIFORNIA
l
LIMA C. WALLACE
FROM IEC FAX NO. : 7144347719 Jan. 07 2002 01:35PM P2
2 3-
POUCYHOLDER COPY
SI'ATr= P.O. BOX 420807, SAN FRANCISCO, CA 9042-0807
COMPENSATION
INSURANCI
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
,Y;WUARY 8, 2002
CITY OF ANAREIM
DEPT OF BUILDING & SAFETY SUITE 1e3
P 0 BOX 3342 1
AMMIM CA 92803
GROUP: 000229
POLICY NUMBER 7993-2001
CERTIFICATE ID: 20
CERTIFICATE EXPIRES: o1-of-100;
01-o1-tool/o1-o0.-aooz
This Is to certify that we have issued a valid Worker's Compbnerlon Insurance Policy In a form approved by the Cel6omra
lnsurenee Colrtmissioner to this employer named below for the pulley period indicated.
This policy is not subjectto carwelleVon bythe Fume except upon 30 days advance written natice to the employer.
We win also give you 30 days advance notica should this policy be cancelled prior to its normal axpirston.
ThceRhle9te at Insurance is not an irlsurenca policy and does not around e4ond or alter the coverage afforded by the
po lcles Ilated therein. Ww0standing any requirement, term or condhion a any contract of Othar Occurnenl with
respect to whlch this certificate of insurance may be Issued or mmaayy pertain, the lnvo ance afforded by the policies
described herein is auoJectto all the terms, exclusions. and conditions, ofsuch policies,
7 7�^� , - - - ,
eG
AUTHCRM PIPRUESTATIVE rRrAlow
SMPLOUR'G LIABILIT`? LIMIT INCLUDING DEeEN83 COSTS: $1,000,000 PER OCCURRENCE
ENDOR8EMENT 42063 BYT%TLBD CIRTIVIC.ATE HOLDERS' NOTICE $FFECTIVE 01-01.2001 IS
ATTAC2111D TO AND FORMS A PART OF THIS POLICY.
AppROVED AS TO FORM:
GAIL HUTTON, City Attorney
By: Deputy City Att/,,
orne.,
G2" 11"'t L
CMPL&MA
LrJTZ, THOMAS E.
1218 PAW= ST
SANTA RNA CA 92702
Bair 102119 EePFUI: MG I
y
4333 Brooklyn Avenue N.E.
Seattle, WA 98105
LABOR AND MATERIAL PAYMENT BOND Bond No. 6122523
Conforms with The American Institute of Architects PREMIUM INCLUDED IN PERFORMANCE
A.I.A. Document No. A-311 BOND
EXECUTED IN TRIPLICATE
THIS BOND IS ISSUED SIMULTANEOUSLY 4:11TH PERFORMANCE BOND IN FAVOR OF THE
COMER CONDITIONED ON THE FULL ARID FAITHFUL PERFOWAANCE OF THE CONTRACT
KNOW ALL BY'111ESE PRESENTS: that
INSPECTION ENGINEERING CONSTRUCTION
2973 HARBOR BLVD. STE 516
COSTA MESA, CA 92626
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA
2677 N. MAIN STREET SUITE 600 (Here insert full name and address or legal title of Suraty)
SANTA ANA, CA. 92705
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (Here Insert full name and address or legal title of Owner)
200 MAIN ST.
HUNTINGTON BEACH, CA 92648
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
ONE HUNDRED EIGHTY THOUSAND FIVE AND 55/100 — — — — — Dollars($ 180,005.55
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firnily by these presents.
WHEREAS,
Principal has by written agreement dated N/A
, entered into a contract
,i;vith0l"Merfor TRAFFIC SIGNAL MOD. AT DELEWARE/GARFIELD, LAKE/ADAMS, AND SPRINGDALE/SLATER.
CASH CONTRACT NO. 1171 (Here insert full name. address and description of project)
in accordance xvith Drawings and Specifications prepared by
(Here insert full name and address of legal title of Architect)
N/A
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S•122a/FNEF 2/98 Page 1 of 2
0 Registered trademark of SAFECO Corporation.
STATE OF
COUNTY OF
CALIFORNIA
SS.
On o1e),O/ o f , before me, R. STANDLEY
RIVERSIDE
PERSONALLY APPEARED
personally known to me c,-r ^r.Q •@ I tQ -- ^^ "-
}:.E ^.-:a^^^^` to be the person((,) whose names}
is/ate subscribed to the within instrument and acknowl-
edged to me that he/ -executed the same in his/
.h•�rri 4ii authorized capacity4es), and that by his/kef-/
-their signatures} on the instrument the person44 or the
entity upon behalf of which the person(&cted, executed
the instrument.
WITNESS my hand and official seal.
Signature
g —�
OPTIONAL
SHAiAN BLUME
-;� R. S:ANDLEY
_ Gn": NP. #1263272 m
NOT.SF.:+r4D�!' - CALIFORNIA
q ? t.; R:%,ERSIDE COUNTY
F.7y Coac:. ^cxp!r s Juna 7, 2QL'4
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) ,
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
e
4333 Broo<l;n AvenueN.E.
S&nftle, VIA 98105
PERFORMANCE BOND
Confouns with Ttt= A=ric an Instftu!c of Arehiicct-c
A -LA. document No. A3tt
12vTOW ALL BY THESE PRESENTS: that
INSPECTION ENGINEERING CONSTRUCTION
2973 HARBOR BLVD. STE 516
COSTA MESA, CA 92626
Bond No. 6122523
PREMIUM: $3,700.00
EXECUTED IN TRIPLICATE
(Nett 1,,isen full nsrK and sddrn:s orls-gu) :i 13 orcontr2c <
2s Principal, her-einaftcr tailed Contractor, a-nd, FIRST NATIONAL INSURANCE COMPANY OF AMERICA
2677 N. MAIN STREET SUITE 600 (Here insert full come and ziddrees or lags! tills cKSureV,
SANTA ANA, CA 92705
as Surety, he)-cinaft: r called Steely, are held aittl firmly bound into
CITY OF HUNTINGTON BEACH (Here insert ru!t name and addrers or legal Iltle ao%nar)
200 MAIN ST.
HUNTINGTON BEACH, CA 92648
as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED. EIGHTY THOUSAND FIVE AND 55/100
— — — — — — — — — — — - — — — — — — — — — — — — — — Dollars (S 180,005.55 - — — ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, st:eccssors and, assi m, jointly
and severally, finely by these presents.
V,!M- REAS,
Contractor has bS R'rittcn agreement dated N/A entered into a eonmact
,
uithOtrmrfor TRAFFIC SIGNAL MOD. AT DELEWARE/GARFIELD, LAKE/ADAMS, AND
SPRINGDALE/ SLATER. CASH CONTRACT NO. (Ner3 insert full na.'na, address and dezcr : t:on of Fro!e -:)
1171
in accordance with Drawings and Specifications prepared by
(.Mere Irmert full rant an' Pddn=:s er ley l it!a o'. /4cF.ilc1)
N/A
t+'h Gh con=r :t is by =1creace made a pa:1 b reo1 and is hereinart-r refa ad to as the Contract.
S-t�;g;FVcFZ/85 Fag? I cf 2
0 R_gist_red tr_demsrk of SArECO Co ,r-�.-2'�4'+•
STATE OF
COUNTY OF
CALIFORNIA
RIVERSIDE
SS.
On 1rg1 ao1.0) before me, R. STANDLEY
PERSONALLY APPEARED
personally known to me (or prQu6i l tQ ^-- on 0,'- > sis Af
i&i; ^` to cbe the person(7} whose name(,3 -
is/aa subscribed to the within instrument and acknowl-
edged to me that he/--`. 1,executed the salve in his/
.hQr.�ie� i authorized capacity(, and that by his/kei-/
,4
4heir signature(e+ on the instrument the personor the
entity upon behalf of which the person -Acted, executed
the instrument.
WITNESS my hand and official seal.
Signature �t�4
OPTIONAL
SHAWN BLUME
a R. �IDI.EY
COMAPA. #1263272 N
cNc = 'j NOTARY PUBLIC _ VWFORNIA
l Kl°OcZS;DECOUNTY
�..:,,,.:r, I,py Ccmm. Fx;:iros Jure 7, 2GW
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S) -
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) ,
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID•081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
POWER RST NATIONAL INSURANCE COMPANY OF AIMERICA
33 BROOKLYN AVE NE
OF ATTORNEY WATTLE, VJASHINGTON 98105
4333 Brookh•n Avenue N.E.
Seattle, WA 98105
No. 9382
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
######a#t####Y#####4###*########Y# }##################*####'SHA\bN BLUL\4E; Riverside,
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 801
day of June
1999
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking"
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
�*l 1928
this '9 0 /� day of 494to t" , Qm/
R.A. PIERSON, SECRETARY
S-1049/FNEF 7/98
618199 PDF
•
- - kJl) DPI
Council/Agency Meeting Held:
Deferred/Continued to:
A proved ❑ Condi nally Approved ❑ Denied
- ity Cle k' Signature
Council Meeting Date: 11/19/01
Department ID Number: PW 01-135
x
CITY OF HUNTINGTON BEACH o
o
REQUEST FOR COUNCIL ACTION z:
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
0 DO
SUBMITTED BY: RAY SILVER, City AdministratoraAd . ''
PREPARED BY:g5 ROBERT F. BEARDSLEY, Director of Public Works a
SUBJECT: Award Contract for Traffic Signals at Delaware Street/Garfield Avenue,
Springdale Street/Slater Avenue, and Lake Street/Adams Avenue;
CC-1171
F
tatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Formal bids were received on October 30, 2001 for the Construction
of Traffic Signals at Delaware Street/Garfield Avenue, Springdale Street/Slater Avenue, and
Lake Street/Adams Avenue; CC-1171. Staff is recommending award to the lowest
responsive/responsible bidder.
Funding Source: Funds in the amount of $207,005.55 are budgeted in the Air Quality
Fund, Traffic Signals Account No. 20190007.88210, ($197,400) and Measure M, Traffic
Signals Account No. 21390007.84400, ($9,605.55)
Recommended Action: Motion to:
1. Accept the lowest responsive/responsible bid submitted by Inspection Engineering
Construction and authorize the Mayor and City Clerk to execute the approved
construction contract for the Construction of Traffic Signals at Delaware Street/Garfield
Avenue, Springdale Street/Slater Avenue, and Lake Street/Adams Avenue; CC-1171;
and
.2. Authorize the Director of Public Works to expend up to $207,005.55 for the project,
including $180,005.55 for the contract; estimated contingency of $18,000 (approximately
10% of construction); and $9,000 for supplemental expenditures.
Alternative Action(s): Reject all bids and direct staff to pursue alternative action. Failure to
award the contract by the City Council will delay addressing the top locations identified in the
most recent Traffic Signal Priority List.
AUEST FOR COUNCIL ACT
MEETING DATE: 11/19/01
DEPARTMENT ID NUMBER: PW 01-135
Analysis: At the November 6, 2000 City Council meeting, Council adopted the 2000/2001
Traffic Signal Priority List (Attachment 1). Funding is available to install traffic signals at the
top three ranked intersections: Delaware Street/Garfield Avenue, Springdale Street/Slater
Avenue, and Lake Street/Adams Avenue (Attachment 2).
On July 16, 2001, City Council authorized the Director of Public Works to receive bids for the
traffic signals. On October 30, 2001, 2 bids were received and publicly opened by the City
Clerk, as follows, in order of least dollar amount:
Contractor
Bid Amount
Ranking
Inspection Engineering
Construction
$180,005.55
1
Baxter -Griffin Co., Inc.
$203,404.00
2
Staff has reviewed the bid documents, checked references and recommends award of the
contract to Inspection Engineering Construction as the lowest responsible/responsive bidder.
Equipment and materials for the project will be purchased by the City through the approved
process. This method provides a cost savings and ensures a product that is consistent and
compatible with existing equipment. Compatibility is essential for maintenance purposes.
The budget for the estimated contingency is $18,000 or approximately 10% of the total cost
of construction work. These funds will be used only in the event that unforeseen field
conditions warrant the expenditure. Prior budget authorization is necessary so that
construction will not be delayed.
Project supplemental costs are estimated to be $9,000 or approximately 5% of construction
costs. Funds are budgeted in the event that the City requires independent testing, printing
and other miscellaneous costs that might arise throughout the course of the project. City
Staff will provide construction management and inspection services.
The total cost of the project is as follows:
Construction contract (Inspection Engineering Construction) $180,005.55
Contingency $18,000.00
Progect supplemental costs $9,000.00
TOTAL $207,005.55
Public Works Commission Review: The Public Works Commission reviewed and
approved the Traffic Signal Priority List on October 18, 2000 by a vote of 7-0.
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 1503 (c).
GAR C A\2001\01-135 Nov 19 Kato (CC-1171 award traffic signals).doc -2-
11/8/01 4:27 PM
^UEST FOR COUNCIL ACT
MEETING DATE: 11/19/01 DEPARTMENT ID NUMBER: PW 01-135
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 1503 (c).
Attachment(s):
RCA Author: KATO
GAR C A\2001\01-135 Nov 19 Kato (CC-1171 award traffic signals).doc -3-
11/7/01 4:03 PM
ATTACHMENT 1
CITY OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
PROPOSED 2000/01 TRAFFIC SIGNAL INSTALLATION PRIORITY LIST (10100)
RANK
INTERSECTION
WARRANT 1
MIN. VOLUME
WARRANT 2
INTERRUPTION
WARRANT 5
PROGRESSION
WARRANT 6
ACCIDENTS
WARRANT 7
SYSTEMS
WARRANT 9
4 HOUR VOL.
WARRANT 11
PEAK HOUR VOL
TOTAL CORRECTABLE
ACCIDENTS 1997-1999
1
Garfield @ Delaware
Yes
Yes
Yes
Yes
Yes
Yes
Yes
10
2
Springdale @ Slater
Yes
80%
Yes
Yes
Yes
Yes
Yes
8
3
Adams @ Lake
Yes
Yes
Yes
No
Yes
Yes
Yes
4
4
Heil @ Graham
Yes
Yes
Yes
No
Yes
Yes
Yes
4
5
Ellis @ Delaware
Yes
80%
Yes
No
Yes
Yes
Yes
3
6
Beach @ Taylor (South)
Yes
Yes
Yes
No
No
Yes
Yes
11
7
Newland @ Hamilton
Yes
No
Yes
No
Yes
Yes
Yes
7
8
17 In @ Palm
80%
Yes
Yes
No
Yes
Yes
Yes
5
9
Edinger @ Saybrook
Yes
No
Yes
No
Yes
Yes
Yes
1
10
Heil @ Algonquin
Yes
No
Yes
No
Yes
Yes
Yes
0
11
Slater @ Nichols
No
Yes
Yes
No
No
Yes
Yes
4
12
Magnolia at Moorpark/Seahurst
No
Yes
Yes
No
No
Yes
Yes
2
13
Bolsa Chica @ Pearce
No
Yes
No
No
No
Yes
Yes
6 .
14
Goldenwest @ Deep Harbor
No
Yes
No
No
No
No
Yes
2
15
Goldenwest @ Orange
No
80%
Yes
No
Yes
No
No
1
16
Adams @ Ranger
No
80%
Yes
No
No
No
No
5
17
Graham @ Research
No
80%
Yes
No
No
No
No
4
18
17 111 @ Adams
No
No
No
No
No
No
Yes
3
19
Goldenwest @ Rio Vista
No
No
No
No
No
No
Yes
2
20
Bushard @ Banning
No
No
Yes
No
Yes
No
No
1
21
Springdale @ Talbert
No
No
Yes
No
Yes
No
No
0
22
Graham @ Slater
No
No
Yes
No
Yes
No
No
0
23
Adams @ Lawson
No
No
Yes
No
No
No
No
2
24
Edwards @ Varsity/Central Park
No
No
No
No
No
No
No
3
25
Center @ Huntington Village
No
No
No
No
No
No
No
2
26
Seapoint @ Doral
No
No
No
No
No
No
No
1
27
17 @ Orange
No
No
No
No
No
No
No
1
28
Graham @ Meadowlark
No
No
No
No
No
No
No
0
29
Graham @ Glenstone
No
No
No
No
No
No
No
0
G:ENG\BROHARD\WORD\CHB TRAFFIC SIGNAL PRIORITY LIST
ATTACHMENT 2
:e7flr�iiitiTi7rIril II
OWN ICrT 1 r%n A TI r%Kl
PROJECT LOCATION
CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING
VICINITY MAP
TRAFFIC SIGNAL INSTALLATIONS
SHEET
1 OF 1
RCA ROUTING AiEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Award Construction Contract for Traffic Signals , CC-1171
COUNCIL MEETING DATE: I November 19, 2001
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff I 1
( )
( )
Assistant City Administr for (Initial)
( )
( )
City Administrator (Initial)
City Clerk
( )
7e. A"
EXPLANATION FOR RETURN OF ITEM:
�T
N
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etion Engineering Construction 4 —.3,F
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Nl_ T ITI 4�&; 4 41,?
cl CLERK(
CY OF
HUNTINGTOITN BEACH, CA
100.1 OCT 30 P 2. 01
bS :1 d OE 130 1001
VD'HOVIG NOIONIINnH
JO A113
AM
�91
/11
COPIES TO:
Front Desk
Engineer City I g ty Clerk
CC-1171
TRAFFIC SIGNALS AT
DELAWARE/GARFIELD
LAKE/ADAMS 4
SPRINGDALE/SLATER o
o
BID DATE. OCT. 30, 2001 @ 2PM cD
(Engineer's Estimate: $183,600) N
BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
1. AXTER-GRIFFIN CO.
$ )-0 3 0 "1' t�,�
$
2. EXCEL PAVING COMPANY
$
3. F. J. JOHNSON, INC.
4. I.E.C.
I
$ IV QD�
5. L. A. SIGNAL, INC.
6. TESCO CONTROLS, INC.
7.
$
8.
9.
10.
11.
G\BID LIST
0
•
PROOF OF PUBLICATION
STATE OF CALIFORNIA) ..
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal. clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, ' County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
October 4, 2001
October 11, 2001
October 18, 2001
1 declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on October 18 2001
at Costa Mesa, California. I
Signature
.CITY C 'LERK
CITY OF
HUNTINGTON BEACH, CA
2001 OCT 22 P 3* 0 1
•
SECTION A
NOTICE INVITING SEALED BIDS
for the
Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater
CASH CONTRACT No. 1171
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 pm on October 30, 2001. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed.
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.
to _ ►8
A-1
The bid must be accompanied by a certified check, cashier's check, o'r bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 16th day of July 200 1 .
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
,.,> - - - 0 0 0
SECTION A
NOTICE INVITING SEALED BIDS
for the
Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater
CASH CONTRACT No. 1171
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HE BY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bid or the above stated projects and will receive such bids in the
office of the City Clerk, Secon loor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 pm on Octo er 1 01. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and cuments are available from the Office of the
Director of Public Works, 2000 Main Stre on Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or pa ofA $35.00 nonrefundable fee if mailed.
Any contract entered into pursuant to this notice Nl'nc rate the provisions of the State
Labor Code. Pursuant to the provisions of the Laf the State of California, the
minimum prevailing rate of per diem wages for each cr , classification or type of workman
needed to execute the contract shall be those determined b&the Director of Industrial Relations
of the State of California, which are on file at the Office oft a Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress paym ts. The Contractor may
substitute an escrow holder surety of equal value to the retention in ac ordance with the
provisions of the California Government Code, Section 4590. The Con ctor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises ill be afforded
full opportunity to submit bids in response to this notice and will not be discrimi ated against on
the basis of race, color, national origin, ancestry, sex, or religion in any considerati n leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in
with the Instructions to Bidders.
A-1
The bid must be accomnand by a certified check. cashier's check. or idder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
b' der shall be licensed in accordance with provisions of the Business and Professions Code and
sha ossess a State Contractor's License Class at the time of the bid opening. The successful
Col
for and his subcontractors will be required to possess business licenses from the
AGENC .
The AGENC eserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advis6knent for a maximum period of 60 days.
BY ORDER of the CRY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 16th day of Illy 200 1 .
Attest:
Brockway
CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
MOCITY
OF
0
HUNTINGTON BEACH
ysu-Q n 2000 Main Street
CD CO P.O. Box 190
}:z C) Huntington Beach, CA 92 64 8
~ o
Z o
� N
LETTER OF TRANSMITTAL
Attention: Mr. Jemmy Hughes
To: City of Huntington Beach, City Clerk's Office
2000 Main Street
Huntington Beach, CA 92648
® We are sending you ❑ By Fed Ex
❑ We are hand delivering ❑ Prints
❑ Other:
FAX 714.374.1573
Date: September 20, 2001
Project/CC No.: Traffic Signals (a, Delaware/Garfield
❑ Plans
Lake/Adams, and Springdale/Slater
1171
Subject: Notice Inviting Sealed Bids
--Itlaniwr
Copies
P::.ages
- Description
1
1
2
Notice Inviting Sealed Bids for Traffic Signals at Garfield/Delaware, Lake
Adams, and Springdale/Slater
These are transmitted as checked below:
❑ For approval
® For your action
❑ As requested
❑ For review/comment ❑ Other:
Remarks: Attached for your use is one copy of the Notice Inviting Sealed Bids for
Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater, Cash
Contract No. 1171. Please advertise the subject project as required to meet the
October 16, 2001 bid opening date.
Please call me at 714.536.5214 if you have any questions.
cc: By:
Doug V
o, Principal Engineer
HAKATOD\ 1 171 \NOTICE INVITING SEALED BIDS TO CITY CLERK.DOC
9 R.
WY OF HUNTINGTON BEA /n'
MEETING DATE: July 16, 2001 DEPARTMENT ID MBER: PW 01-095
Council/Agency Meeting Held:
Deferred/Continued to:
•k proved ❑ Conditionally Approved ❑ Denied
� • y Cie 's Signature
Council Meeting Date: July 16, 2001
Department ID Number: PW 01-095
CITY OF HUNTINGTON BEACH o
0
REQUEST FOR COUNCIL ACTION
r-
1
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Q-
SUBMITTED BY: RAY SILVER, City Administrato ?b D
�o
REPARED BY:OBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Authorize Advertisement for Construction of Traffic Signals at
Garfield/Delaware, Lake/Adams and Springdale/Slater (CC-1171)
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Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The current budget includes the installation of three new traffic signals
from the Traffic Signal Prioirity List. Plans and specifications are complete and City Council
authorization is required to advertise the project.
Funding Source: Funds in the amount of $340,000 are budgeted, $205,000 in the Air
Quality Fund (20190007.88210) and $135,000 in Measure M (21390007.84400.)
Recommended Action: Motion to:
1. Approve plans and specifications and authorize the Director of Public Works to advertise
for Installation of Three Traffic Signals, CC-1171; and
2. Approve the attached Sample contract subject to award of the contract to the lowest
responsive/responsible bidder; and
3. Authorize the Director of Public Works to expend up to $130,000 for direct purchase of
equipment.
Alternative Action(s): Do not approve plans and specifications and pursue alternative
action. Failure to approve plans, specifications and estimates by the City Council will delay
addressing the top locations identified in the most recent Traffic Signal Priority List.
Analysis: The Public Works Commission reviewed and recommended approval of the
Proposed Traffic Signal Priority List on October 18, 2000. At the November 6, 2000 City
Council meeting, Council adopted the 2000/2001 Traffic Signal Priority List (Attachment 1).
Funding is available to install traffic signals at the top three ranked intersections: Garfield ' \
01-095 July 16 Stachelski (Signal Improvementsl) -2- 7/5/01 12:19 PM /\
AUEST FOR COUNCIL ACTIS
MEETING DATE: July 16, 2001
DEPARTMENT ID NUMBER: PW 01-095
Avenue/Delaware Street, Springdale Street/Slater Avenue, and Adams Avenue/Lake Street
(Attachment 2).
Staff has prepared detailed plans and specifications for the installation of traffic signals at all
three intersections. The design process included a detailed review of operational
requirements to address existing accident patterns, existing improvements and geometric
conditions. The signal equipment and materials will be purchased separately to insure
compatibility with existing systems.
Plans, specifications and other bid documents are available for review from the Public Works
Engineering Division.
Public Works Commission Review: The Public Works Commission reviewed and
approved the Traffic Signal Priority List on October 18, 2000 by a vote of 7-0.
Environmental Status: This project is- categorically exempt pursuant to the California
Environmental Quality Act, Section 1503 (c).
Attachment(s):
1 2000/2001 Traffic Signal Priority List
2 Project Location Map
3 Sample Contract
RCA Author: Bob Stachelski:jm
GAR C A\2001\01-094 July 16 Stachelski (CC1107 Plan and Bid approval).doc
01-095 July 16 Stachelski (Signal Improvements[) -3- 7/5/01 1:05 PM
0
•
ATTACHMENT #.l
CITY OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
PROPOSED 2000/01 TRAFFIC SIGNAL INSTALLATION PRIORITY LIST (10/00)
RANKE
INTERSECTION
WARRANT 1
MIN. VOLUME
WARRANT 2
INTERRUPTION
WARRANTS
PROGRESSION
WARRANT 6
ACCIDENTS
WARRANT 7
SYSTEMS
WARRANT 9
4 HOUR VOL.
WARRANT 11
PEAK HOUR VOL.
TOTAL CORRECTABLE
ACCIDENTS 1997-1999
1
Garfield @ Delaware
Yes
Yes
Yes
Yes
Yes
Yes
Yes
10
2
Springdale @ Slater
Yes
80%
Yes
Yes
Yes
Yes
Yes
8
3
Adams @ Lake
Yes
Yes
Yes
No
Yes
Yes
Yes
4
4
Heil @ Graham
Yes
Yes
Yes
No
Yes
Yes
Yes
4
5
Ellis @ Delaware
Yes
80%
Yes
No
Yes
Yes
Yes
3
6
Beach @ Taylor (South)
Yes
Yes
Yes
No
No
Yes
Yes
11
7
Newland @ Hamilton
Yes
No
Yes
No
Yes
Yes
Yes
7
8
17 @ Palm
80%
Yes
Yes
No
Yes
Yes
Yes
5
9
Edinger @ Saybrook
Yes
No
Yes
No
Yes
Yes
Yes
1
10
Heil @ Algonquin
Yes
No
Yes
No
Yes
Yes
Yes
0
11
Slater @ Nichols
No
Yes
Yes
No
No
Yes
Yes
4
12
Magnolia at Moorpark/Seahurst
No
Yes
Yes
No
No
Yes
Yes
2
13
Bolsa Chica @ Pearce
No
Yes
No
No
No
Yes
Yes
6
14
Goldenwest @ Deep Harbor
No
Yes
No
No
No
No
Yes
2
15
Goldenwest @ Orange
No
80%
Yes
No
Yes
No
No
1
16
Adams @ Ranger
No
80%
Yes
No
No
No
No
5
17
Graham @ Research
No
80%
Yes
No
No
No
No
4
18
17 @ Adams
No
No
No
No
No
No
Yes
3
19
Goldenwest @ Rio Vista
No
No
No
No
No
No
Yes
2
20
Bushard @ Banning
No
No
Yes
No
Yes
No
No
1
21
Springdale @ Talbert
No
No
Yes
No
Yes
No
No
0
22
Graham @ Slater
No
No
Yes
No
Yes
No
No
0
23
Adams @ Lawson
No
No
Yes
No
No
No
No
2
24
Edwards @ Varsity/Central Park
No
No
No
No
No
No
No
3
25
Center @ Huntington Village
No
No
No
No
No
No
No
2
26
Seapoint @ Doral
No
No
No
No
No
No
No
1
27
17 @ Orange
No
No
No
No
No_
No
No
1
28
Graham @ Meadowlark
No
No
No
No
No
No
No
0
29
Graham @ Glenstone
No
No
No
No
No
No
No
0
G:ENG\BROHARD\CHB TRAFFIC SIGNAL PRIORITY LIST
•
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ATTACHMENT #2
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CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING
VICINITY MAP
TRAFFIC SIGNAL INSTALLATIONS
SHEET
1 OF 1
ATTACHMENT #3
•
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
. FOR INSTALLATION OF
TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY
THIS AGREEMENT, made and entered into this day of
2000, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and _ , a California
, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works.project, hereinafter referred to as
"PROJECT," more fully described as installation of traffic signals at the intersections of Garfield
and Delaware; Lake and Adams, and Springdale and Slater, 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:
STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
jmp/k/agree/form/con-sam/7/2/01 1 SAMPLE
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the compensation set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is -actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions
and obligations of this Agreement and the Contract Documents (as hereinafter defined), the
location of the job site, and the conditions under which the work is to be performed, and that it
enters into this Agreement based upon its investigation of all such matters and is relying in no
way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1997 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California
jmp/k/agree/form/con-sam/7/2/01 2 SAMPLE
chapter of the American Public Works Association and the Southern California District
Associated General Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
-applicable to the PROJECT: Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of -said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ ), as set forth in the Contract Documents,
to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
jmp/k/agree/form/con-sam/7/2/01 3 SAMPLE
C:
within t�) consecutive from the day the "Notice to Proceed" is
issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
jmp/k/agree/form/con-sam/7/2/01 4 SAMPLE
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and
pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall.be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one.
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof; and one in the
amount of one hundred percent of the contract price to guarantee payment of all claims for
labor and materials furnished. Only bonds issued by California admitted sureties will be
accepted.
jmp/k/agree/form/con-sam/7/2/01 5 SAMPLE
0
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the
defective item or items. Upon expiration of such ten- (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not and employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security; state disability insurance compensation, unemployment compensation
and other payroll deductions for CONTRACTOR and its officers, agents and employees and all
business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto 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 working/calendar days set forth herein, which represents a reasonable endeavor
by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would
sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said
jmp/k/agree/form/con-sam/7/2/01 6 SAMPLE
•
•
damages herein provided, and further agrees that CITY may deduct the amount thereof from
any monies due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
'damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its.judgment,.the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed Waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented
in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
jmp/k/agree/form/con-sam/7/2/01 7 SAMPLE
•
•
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) . Subsurface or latent physical conditions at..the job -site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an .unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
section. The DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in
jmp/k/agree/form/con-sam/7/2/01 8 SAMPLE
price or time for completion shall be allowed if asserted after final payment under this
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments -of each month up to one hundred percent (100%) of
the value of the work completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or -any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for which payment is demanded has
been performed in accordance with the terms of the Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price
shall not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
jmp/k/agree/form/con-sam/7/2/01 9 SAMPLE
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, .all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in
whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, including but not limited to concurrent active or passive negligence except where
caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONTRACTOR will conduct all defense at its sole cost and expense.
jmp/k/agree/form/con-sam/7/2/01 10 SAMPLE
19. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing. performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each .
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation
20. INSURANCE
In addition. to the workers' compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT..
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
jmp/k/agree/form/con-sam/7/2/01 11 SAMPLE
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured -
retention, or a "deductible" or any other similar form of limitation on the required coverage
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days' prior written notice of CITY; and
4. shall state as follows: "The above -detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar -type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
jmp/k/agree/form/con-sam/7/2/01 12 SAMPLE
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon
such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event
CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
jmp/k/agree/form/con-sam/7/2/01 13 SAMPLE
26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar
legal document. Said obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named
in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense
so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
jmp/k/agree/form/con-sam/7/2/01 14 SAMPLE
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
32. ENTIRETY
The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CONTRACTOR
By:
. print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
lot
City Attorney 1l
.) ly�. ?i�
yNITIATED AND APPROVED:
Director of Public Works
jmp/k/agree/form/con-sam/7/2/01 15 SAMPLE
0
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
. FOR INSTALLATION OF
TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN THE CITY
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
6
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
9
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
10
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS' COMPENSATION INSURANCE
11
20.
INSURANCE
11
21..
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
12
22.
DEFAULT & TERMINATION
13
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
13
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
14
27.
NOTICES
14
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
15
31.
ATTORNEY'S FEES
15
32.
ENTIRETY
16
j mp/k/agree/form/con-sam/7/2/01
RCA AOU T*ING AiEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
Authorize Advertisement for Construction of Traffic Signals
at Garfield/Delaware, Lake/Adams and Springdale/Slater
COUNCIL MEETING DATE:
July 16, 2001
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorne
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS . .
... ....
REVIEWED
_.__. _.
Administrative Staff
Assistant City Administrator Initial
-City Administrator Initial
Citv Clerk
EXPLANATION FOR RETURN OF ITEM
RCA Author: Bob Stachelski:jm
•
•,, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 29 2002.
TO: Baxter -Griffin Co., Inc.
8210 Monroe
Stanton, CA 90680
Enclosed please find your original bid bond issued by Gulf Insurance Company
i
Connie Brockway, CMC
City Clerk -
Enclosure
for _CC-1171
g:/followup/cashcon/retumbidbond.doc
(Telephone: 714-536-5227 )
•
GULF INSURANCE COMPANY
BOND NO.: AE2672039
BID DATE: 10/30/01
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, BAXTER-GRIFFIN CO., INC., (hereinafter called the Principal), and GULF INSURANCE
COMPANY, a corporation organized and doing business under and by virtue of the laws of the
State of MISSOURI, and duly licensed for the purpose of making, guaranteeing or becoming sole
surety upon bonds or undertakings required or authorized by the laws of the State of
CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH
(hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal,
not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF
BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves
and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden
Principal as aforesaid, is about to hand in and submit to the obligee a bid for Traffic signal
improvements at Delaware/Garfield, Lake/Adams, and Springdale/Slater cash contract #CC-
1171, in accordance with the plans and specifications filed in the office of the obligee and under
the notice inviting proposals therefore.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract
for such work be awarded to the principal thereupon by the said obligee, and said principal shall
enter into a contract and bond for the completion of said work as required by law, then this
obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly
signed and sealed this 30th day of October, 2001.
BAXTER-GRIFFIN CO., INC.
BY:
GULF INSURANCE COMPANY
BY:
RANDY SPOHN. Atto
CALIFORNIA ALL-PURPOSE•KNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On 10/30/01
before me, ZARA S. SPOHN, NOTARY PUBLIC ,
personally appeared RANDY SPOHN ,
X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose namc(s) is/are subscribed to the within instrument and
acknowledged to me that lie/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
.WITNESS my hand and official seal.
; Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
xx ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
0
DESCRIPTION OF ATTACHED DOCUMENT
GULF INSURANCE CO NY
_ HAZELWOOD, MIS!3
POWER OF ATTORN
ORIGINALS OF THIS PONVER OF ATTORNEY ARE PRINTED ON BLUE.
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOW ALL.IMEN BY THESE PRESENTS: That the Gulf Insurance Company.
a corporation duly organized umler the laws of the State of Missouri. haying its prin-
cipal office in the city of Irving. Texas, pursuant to the followine resolution, adopt-
ed by the Finance & Executi\'e Committee of the Board of Directors of the said
Company on the 10th day of August. 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any- Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time; and any such Attorney -in -Fact maybe removed
and the authority granted him revoked by the President, or anv Executive Vice
President, or anv Senior Vice President, or by the Board of Directors or by the
Finance and Executive Commia-ze of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attornev(s)-in-fact to sign, execute, acknowledge, deliver or oth-
erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive \ ice President or .
any Senior.Vice President, and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and certified by facsimile signature and facsimile seal shall be
valid and -binding upon the Company in the future with respect to any bond and
documents. relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
BOND
NUMBER AE260P39
: NAME; ADDRESS
PRINCIPAL
CITY, STATE, ZIP
Baxter-Griffing Co., Inc.
8210 Monroe
Stanton, CA 90680
EFFECTIVE DATE
October 30, 2001
CONTRACT AMOUNT
183,800.00 (estimate)
BOND AMOUNT
�$ Ten Dercent of total bid amount (10% of bid
-- Donna Carlson, Randy Spohn, Zara. Spohn
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead. to sign, execute, acknowledge and deliver in its
behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under-
takings and documents relating to such bonds and/or undertakings were signed. by the duly authorized officer of the Gulf Insurance Company and all the acts of said
attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
_ The obligation of the Company shall not exceed one million (1.000.000) dollars.
IN WITNESS WHEREOF. the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
Su ttANCf -
j OPPoggT� 0 GULF INSURANCE COMPANY
SEAL i -
-Ss0\3P p:
STATE OF NE' W YORK )
1 SS Lawrence P. Aliniter
COUNTY. OF NEW PORK ) _ _ -
Executive Vice President
On the 13th day of April, 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say;
that he resides in the County of Bergen, State of New Jersey-. that he is the Executive Vice President of the Gulf Insurance Company, the corporation
described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor-
porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
�pTA,9�"
�. DAN JAFFA
AUB`\G p Notary Public, State of New York
STATE OF NEW YORK i �OF NE�� No. 02J A49;8634
Qualified in Kings Count%
t SS Commission Expires December 30, 2001
COUNTY OF NEW YORK i
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a 1lissouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of New York. aSVRANCE C
II IIIII IIIII IIIII IIIII IIIII IIIII III ��
OP,PO F?, 4
a ° ? Dated the 30th day of October .20 01
" SEAL `
AE2672039 * 1343852* ��iSgOJe��
George Biancardi
S01(r-:\E (3/2(1(II) Senior Vice President
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SEALED BID
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AT DELAWARE GARFIELD
FOR: TRAFFIC SIGNALS / >,
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LAKE AD AND E LATER IN THE
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INGTON BEACH CITY OF HIINT
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OCTOBER 3 BID OPENING:
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• SECTION C •
PROPOSAL
for the
Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater
CASH CONTRACT No. CC-1171
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 90 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
If awarded the Contract r thOndersi ned a v g gees that in the event of OtBIDDER'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.
Bidder's Bond
Accompanying this proposal of bid, find in the amount of $ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda`No. Date:Received - Bidder's Signature
C-2
�J
PROJECT BID SCHEDULE
CC-1171
1 1 LS Install traffic signal at Springdale/Slater*
@ FI f-VtA NruE rNOIASA."D --
Dollars 000.
Per LS
2 1 LS Install traffic signal at Adams/Lake*
@ uA„nr n --
Dollars $ Q$ 1100D. $ g 0 00 .
Per LS
3 1 LS Install traffic signal at Delaware/Garfield*
@ S«tSAk#p, o
Dollars $ (t 000so $ �0f 000.°l
Per LS
4 1 LS Clearing and grubbing
@ FOtAa rWOU 7 ND ra o �AtkN MACD
Stx — Dollars $ 4
Arno F i f-rAj e4kNX4
Per LS
5 65 CY Unclassified excavation
@ F l tGSM f t,6 tAT
Dollars $ 5�•0' $ 3 �70 en
6 1 57 Tons
CY
halt concrete
@ Dole HuNoAep N iNt►7!!4
PIVE — Dollars $
Ton
C-2.1
PROJECT BID SCHEDULE
CC-1171
7
66 Tons
Crushed aggregate base
@ rip &A FIVE --
Dollars
e
$ 55 . °
c
$ 3 ( 30.
Per Ton
8
55 LF
Construct AC berm
@
Dollars
$ 3g. a°
$ 010.°f
Per LF
9
1 LS
Construct 4" PCC signal controller pad
@ FrvIE 14 Utio D 1
Dollars
$ 500.°°
Per LS
10
11 ELT
Install Type I slurry seal
@ N t u E J4 tkN0fL'f'D '56veli-rgetj
Dollars
$ q 5�
$ 10, m.5!
ANO Ftf-vv) Cr"05
Per ELT
Total Amount Bid in Figures: $ a03 0
Total Amount Bid in Words: n o
Fov-yu bauuAlu,
*The City will provide traffic signal poles, safety lighting, signal heads and
lenses, signs and some appurtenances (see plans) at no cost to the
contractor. Contractor shall pick up materials at the City Yard, 17371
Gothard Street. Contact Donn Strook 48 hours (2 working days) in advance
for pick up at 714.536.5530.
C-2.2
gIST OF SUBCONTRACTOR
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion
Name and Address of Sabcontractor
State License
Class
of Work
Namber .
L Fr-'1 n,N 5AN&0tA9( INU,
A e.A
'1�1 6a1�
-�l 039 u1
St,,an'�1
PAVIE" P's cO A"TVI O 6 tZ .
303609
P"C's CA
won u.
(Z5 . N 08 uE O&A.J 6A tA
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A
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
IRONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Mark Dillard , being first duly sworn, deposes and says that he or she is
Secretary, Treasurer of Baxter -Griffin Co., Inc. the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
Baxter -Griffin Co., Inc.
Name of Bidder
4y� a! &�
Signature of Bidde
Mark Dillard, Secretary, Treasurer
8210 Monroe
Stanton, Ca. 90680
Address of Bidder
Subscribed and sworn to before me this 30th day of October , 200 1
r.. 9L� ROSE WSCHRIEVER
Commission # 1311"S Z
i Notary Public - California yz
Orange County
w My Comm. E*i(es Jul 26, 2005
NOTARY PUBLIC
NOTARY SEAL
C-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the
Traffic Signals at Delaware/Garfield, Lake/Adams, and Springdale/Slater
(I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: October 30, 2001
Baxter -Griffin Co., Inc.
Contractor
* a t�
By Wark Dillard, Secretary, Treasurer
Secretary, Treasurer
Title
C-5
. DIS ALIFICATION Q UESTIONARE
In accordance. with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes ® No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMASATION INSURANCE CERTI�`ICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: October 30, 2001
Baxter -Griffin Co., Inc.
Contractor
* k a�k -
By Mark*Dillard tij
Secretary, Treasurer
Title
C-7
UINDERGROUND SERVICE ALE r
IDENTIFICATION NUMBER
(To be completed'only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
BAXTER—GRIFFIN CO., INC.
Contractor
By Mark Dillard
Title
Date:
Secretary, Treasurer
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additional forms may be obtained from the AGENCY
upon request.
C-8
0 0
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Baxter -Griffin Co., Inc.
Bidder Name
8210 Monroe
Business Address
Stanton, CA. 90680
City,
(714 ) 826-5310
Telephone Number
290768 C10
State Contractor's License No. and Class
January 28, 1974
Original Date Issued
August 31, 2002
Expiration Date
The work site was inspected by Mark Dillard
State Zip
of our office on
2001.
The following are persons, firms, and corporations having a principal interest in this proposal:
Bert J. Griffin, President
Dorothy S. Griffin, Vice President
Mark Dillard, Secretary, Treasurer
C-9
t
The undersigned is prepare to satisfy the Council of the City of Hun,_ngton Beach of its ability,
financially or otherwise, to perform the contract for the proposed work 'and improvements in
accordance with the plans and specifications set forth.
Baxter -Griffin Co., Inc.
Company Name
Siang ure of Bidder
Mark Dillard, Secretary, Treasurer
Printed or Typed Signature
Subscribed and sworn to before me this 30thday of October _
ROSE M. SCHRIEVER
_IN CCommission # 1311045 z
Notary Public - Callfomis
Orange County
My Co..-,m. E*ines Jul 26, 20N
NOTARY PUBLIC
NOTARY
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1 City of Huntington Beach, P.O. Box 784. Huntington Beach. CA 92648
Name and Address of Public Agency
D
Name and Telephone No. of Project Manager: avid Verone, Project Manager 714-375-8471
$61,670.00 Traffic Signal Mod
#1086 1/2000
Contract Amount Type of Work Date Completed
2. City of Westminster, 8200 Westminster Blvd., Westminster, Ca. 92683
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Peter Mackprang 714-898-3311
$87,432.00 Traffic Signals
55036-001004 4/2001
Contract Amount Type of Work Date Completed
3. City of Irvine, 1 Civic Center Plaza, Irvine, Ca. 92714
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Rick Nelson 949-724-7642
Various Projects
Contract Amount Type of Work Date Completed
C-10