HomeMy WebLinkAboutJ. HAROLD SMITH ELECTRICAL SUPPLY COMPANY - 1985-03-04CITY FWDED PUBLIC-WORKS.CONTRACT BETWEEN.THE
CITY OF HUNTINGTON BEACH AND J. HAROLD SMITH ELECTRIC SUPPLY CO.
FOR THE RELOCATION OF TRAFFIC SIGNAL HARDWARE
THIS AGREEMENT is made and entered into on this 21rd
day of nr� 1 19 85 by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and J. HAROLD
SMITH ELECTRIC SUPPLY CO., a California Corporation, Hereinafter
referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bias for a public works project,
hereinafter referred to as "PROJECT," more fully described as
the relocation of traffic signal hardware at the intersection of
Gothard Street and Heil Avenue, in the City of Huntington Beach,
California; and, CONTRACTOR has been selected and is to perform
said work;
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made e.nd exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK, ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all
Labor, plant, tools, equipment, supplies, transportation,
utilities and ali other ite.ts, services and facilities necessary
to complete and construcc the PROJECT in a .good and workmanlike
manner.
1.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prier to acceptance, from the action of the
.elements, from any unforseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks
of any description connected with the work, including, but not
limited to, all expenses incurred by or in consequence of the
scspension or discontinuance of work, except such as are herein
expressly stipulated to be borne by CITY, and for well and
faithfully completing the work within the stipulated time and in
the manner shown and described in thiL, Agreement, and in
accordance with the requirements of CITY under, them for the
compensation set forth in this Agreement. However, the total
compensation to be paid is to be computed on the basis of the
units of wor)c as it is actually performed.
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 cuch matters and is relying in no wLy upon
any opinions or representations of CITY.
2.
It I s agreed that the Contract Documents are
incorporated into this Agreement by this reference, with th--
same force and effect as if the ssme 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 �:ontractual 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 1982 edition of Standard Specifications for
Public Works Construction, published by Builder's News, Inc.,
3055 Overland Avenue, Los Angles, California 90034, and all
amendments thereto, written and promulgated by the Southern
California chapter of the American Public Works Association and
the Southern California District Associated General Contractors
of the California Joint Cooperative Committee;
E. The particular plans, specifications, special
provisions and addenda applicable to the PCOJECT. Anything
mentioned in the Specifications and not indicated in the Plans
3.
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.
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, the sum
of Eighteen thousand, two -hundred and seventy-one dollars
($18,271.00) as set forth in the Contract Documents, to be paid
as provided for in Sections 1, b, 13 and 14 herein.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten
(10) working days after notice to proceed i• 'ssued and shall
diligently prosecute PROJECT to completion within thirty
(30) calendar days from the execution of this Agreement by CITY,
excluding delays provided for in Fection 11 herein.
5. TIME OF THE ESSENCE
The partAes hereto recognize and agree that time is of
the essence in `he performance of this Agreement and each and
every provision of the Contract Dvc:.ments.
4.
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 ;Wanner that will facilitate the efficient
completion of the PROJECT and in accordance with Section 4
herein. CITY shr.il have complete control r E the premises on
whicz. 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
contactors, subcontractors and CITY forces and, in general, all
matters concerning the timely and orderly conduct of the work of
CONTRACTOR on the premises.
6. CFL% GES
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 ir. 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.
5.
When directed to change the work, CONTRACTOR shall
submit immediately to the DPW a written cost proposal reflecting
the effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cost thereof shall
be negotiated by the parties upon cost and pricing data
submitted by the CONTRACTOR; thereupon, CITY will promptly issue
an adjusted change order to CONTRACTOR and the contract price
will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be
performed or furnished under this Agreement unless and until a
Notice to Proceed has been given to the CONTRACTOR by CITY.
CITY does not warrant that the work site will be available on
tht-: 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 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 and to warrant such performance
6.
0
for a period of one (1) year after CITY'S acceptance thereof,
and one in the amount of fifty percent (50%) of the contract
price to guarantee payment of all claims for labor and materials
furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done
tinder 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 or 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 as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all
payment of income tax, social security, state disability
insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and
employees, and all business licenses, if any, in connection with
the PROJECT.
7.
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
working,/calendar days as set forth in Section 4 herein, damage
will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine
the actual damage which CITY would sustain in the event of and
by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a
penalty, the sum of one hundred dollars ($100) per day for each
and every working day's delay in completing the work in excess
of the number of working/calendar days set forth in Section 4
herein, which sum represents a reasonable endeavor by the
parties hereto to estimate a fair compensation for the
foreseeable losses CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may deduct the
amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and
will not be assessed damages for any portion of the delay in
completion of the work due to unforseeable causes beyond the
control and without the fault or negligence of CONTRACTOR,
including, but not restricted to, acts of God or o; the public;
enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to
such causes.
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a
further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the
delay and CITY shall extend the time for completing the work if,
in its judgment, the findings of fact thereon justify the delay;
and the decision of the DPW shall be conclusive on the parties
hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY,
or should CONTRACTOR be delayed waiting for materials required
by thia Agreement to be furnished by CITY, or by damage caused
by fire or other casualty at the job site for which CONTRACTOR
is not responsible, or by the combined action of the workers, in
nowise caused by or resulting from default or collusion on the
part of CONTRACTOR, or in the event of a lockout by CITY, then
the +-ime herein fixed for the completion of the work shall be
extended by the number of days the CONTRACTOR has thus been
delayed, but no A lawaricv! or extension shall be made- unless a
claim therefor is presented in writing to CITY within fifteen
(15) days of the commencement of such delay.
9.
No claims for additional compensation o- damages £cr
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.
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 ::hose 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 investig-=te 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 uhall be made and the
Agreement modified in writing accordingly;
(2)
Time
Extension
No
claim
under this
Section
shall be
allowed
unless
10.
of the CONTRACTOR
the CONTRACTOR has
given the notice required hereunder, provided, however, the time
prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTT.MATED 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 Tontract 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 paymonit to the
CONTRACTOR where the actual quantities used in construction of
the PROJECT are in variation to the quantities listed in the bid
schedule. No claim by CONTRACTOR for, an equitable adjustment in
price or time for completion shall be allowed if asserted after
final payment under this Agreement. If the quantity variation
is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances
and make such adjustment for extending the completion date as in
its judqment 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 tberecif. From
11.
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 ':If a Notice
of Completion by CITY. Payments shall be made on demands draotn
in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, affirming that the work for
which payment is demanded has been performed in accordance with
the terms of the Agreement and that the amount stated in the
certificate is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as an
acceptance of any part of the work.
1.2.
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
therewith of securities equivalent to the amount of any monies
wiInheld by CITY to ensure performance under Section 13 of this
Agreement.
16. APFIDAVITS 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 paymen'-- of the
final. certificate shall constitute a waiver of all claims
against CITY under or arising out of this Agreement.
7 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, agents and
134
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
property, arising directly or indirectly out of the obligation,
herein undertaker, by CONTRACTOR, or out of the operations
conducted by CONTRACTOR, regardless of the active or passive
nature of any negligence by CITY, save and except those which
arise out of the sole negligence or sole willful misconduct of
CITY. CONTRACTOR will defend any such suits at the sole cost
and expense of CONTRACTOR when requested by CITY, and any costs
of defense or attorney's fees incurred by CITY in enforcing
this obligation will be reimbursed to CITY or may be awarded to
CITY by a court of competent jurisdiction.
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 pr4.or to commencing
performance of the work hereunder.
CONTRACTOR shall maintain such Workers'
Compensation Insurance in an amount of not less than One -hundred
Thousand Dollars ($100,000), at all times incident hereto, in
forms and underwritten by insurance companica satisfactory to
CITY: and CONTRACTOR shall, prior to commencing performance of
14.
the work hereunder, furnish to CITY, on a form approved by the
City Attorney, a certificate evidencing such insurance; said
certificate shall include a provision that the insurer shall
notify CITY at leasi. thirty (3U) days prior to any cancellation
or modificatioa of said insurance policy; and CONTRACTOR shall
notify CITY at least thirty (30) days prior to any cancellation
or modification of such policy. Said insurance shall not
derogate from the provisions for indemnification of CITY by
CONTMCTOR under Section 16 of this Agreement.
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 CCNTRACTOR shall similarly
require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall carry at all times incidt..-nt hereto, on
all operations to be performed hereunder, bodily injury and
property damage liability insurance policies including
automotive bodily injury damage liability insurance,
underwritten by insurance companies in forms satisfactory to
CITY for all operations, subcontract work, contractual
obligations, product or completed operations and all owned
vehicles and non -owned vehicles. Said insurance policies shall
name the CITY, i t s officers, agents and employees and all public
15.
agencies as determined by the CITY as Additional Insureds.
CONTRACTOR shall subscribe for and maintain said insurance
policies in full force and effect during the life of this
Agreement, in an amount of not less than Three hundred Thousand
Dollars ($300,000.00) combined single limit coverage.
CONTRACTOR shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates
evidencing the same.
Before CONTRACTOR performs any work at, or prepares or
delivers materials to the site of construction, CONTRACTOR shall
furnish to CITY certificates of insurance subject 'Co approval of
the City Attorney evidencing the foregoing insurance coverages;
said certificates shall provide the name and policy number of
each carrier and policy, and shall state that the policy is
currently in force and will not be cancelled without thirty (30)
days written notice to CITY. CONTRACTOR shall maintain the
foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance
shall not derogate from the provisions for indemnification of
CITY by CONTRACTOR under Section 1S of this 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
pz•imiums on all insurance hereinabove required.
16.
21. DEF:";ULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work
hereunder ;with diligence, or fails to complete the work within
the time specified, or is adjudged 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.
22. 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 bec,a,aA its sole
property at no further cost.
17.
23. 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.
24. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any
regular CITY employee in the work performed pursuant to this
Agreement. In accordance with California Government Code
Sections 1090 et seq., but subject to the exceptions therein set
forth, no CITY official or employee shall be financially
interested in nor derive any fina:icial benefit, either directly
or indirectly, from this Agreement.
25. A72ORNEY'S FEES
If any action of law or in equity becomes necessary to
enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs,
and necessary disbursements in addition to any other relief to
which t,'lat party may be entitlad. if any action is brought
against CONTRACTOR or any subcontractor to enforce a Stop Notice
or Notice to Withhold which names CITY as a party to said action
or by reason of which CITY incurs expenses, CITY shall be
entitled to reasonable administrative and attorney's fees,
costs and necessary disbursements arising out of the processing
of said Stop Notices, Notices to Withhold, or any similar legal
18.
document necessary to the prosecution of ;�wch action. 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. CITY may set off any unreimbursed cost
or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
26. 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 lesignated in writing by such party.
27. CAPTIONS
Captions of the Sections 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.
28. ENTIRETY
The foregoing represents the entire Agreement between
the parties.
19.
IN WITNESS
WHEREOF, the parties
hereto
have
caused this
Agreement to
be executed by and
through
their
authorized
officers the day, month and year first above written.
CONTRACTOR:
J,HAROLD SMITH ELECTRIC SUPRLY CO.
C
Er Harold Smith, -President
Dw ght .! Smi h, Treasurer
CITY OF HUNTINGTON 8?:ACH,
A municipal corporation
Mayor
ATTEST: APPROVED AS TO FORM:
City ClerR City Attorney
REVIEWED AND APPROVED:
4V7 /ov
CifAdministrator
JN: mf
0521L
4/11/85
20.
INI ED D APP.RAVE
Director of Public Works
t
State of California
County of ,IA_S Arag le5 S5
On this 22nd day of April in the year 14 85 before me personally
r" , , (�
appeared Xim G ZM' ---personally known to me
(or proved to me on the basis of satisfectcry evidence) to be the person whose name is subscribed to this instrument as the
Attorney -in -Fact of- Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said
company thereto as surety, and his own name as Attorney -in -Fact.
A.
(Notary Public)
�_
Bond No. _FB._4.0,23.i
Prem. Amt:$110.00
FAIRMONT INSURANCE COMPANY
PERFORMANCE BOND APPROVED AS To FORtd:
GAII, HUTT011, CitY AttorneY
CALIFORNIA PUBLIC WORK ;. I putt' cat ,Attn net'
KNOW ALL MEN BY THESE PRESENTS,
That we, Smith Electric Supply
10792 Kmtt Ave. , Stanton, CA 90680 as Principal,
and Fairrmnt Insurance Corrrpany a Corporatior.
organized and existing under the laws of the State of California and authorized to
transact surety business in the State of California, as Surety, are held and firmly bound unto City of
Huntington Beach _ (hereinafter called the Obligee),
in the sum of Eighteen thousand two hundred seventy one & no/100-------
._..-------- ..._------- ---------- --- ------ -Dollars (g18,271.00 )
for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, ad-
ministrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that. Whereas, the above named bounded principal entered
into a contract dated 19 ..._.._._...with the said Obligee to do and perform the following
work, to wit:
a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof.
NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to be per-
formed under said contract, then this obligation to be null and void, otherwise to remain in full force and effec!.
No right of action shalt accrue under this bond to or for the use of any person other than the said Obligee.
SIGNED AND SEALED
executed in duplicate
S-302 110 03)
day of -.. _,6p1JJ , 19-85_._ -
Kfm S2th
tornev-in-fact
FIMMONT INSURANCE CONONY
Burbank, california
POWER OF ATTORNEY
KNOW ALL AfEN BY THESE PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
Rim e_pl. =Sm iih
as its true lawful Attorneys) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, mcognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now in full force and effect:
ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chiefenancea officer, or the secretary o the corporation may appoint attorneyys-in-fact or agents with power
and authority, as defined or limited in their respective powers of attorney, for and on behatt,of the corporation to execute
- and dclivrr, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficets may remef; any such attomeyin•fact or agent
and revoke the power and authority given to him or her.
ARTICLE IV, Section 14. AurHORiTY TO BIND. Any bond, undertaking, recognizance, consent of surety or written
obligation in the nature t ere0 shall va is a"inc binding upon the corpora, ion when sibned by the chairman of the
board, the president, the vice president, the chief financial officer, or the seem tan• of the corporation and duty attested
and sealed, if a seat is regwired, by the secretary or assistant secretary, or shall blid and binding upon the corporation
when duly executed and sr va
eated, if a seal is required, by a duly authorized atturney-in•fact or agent, pursuant to and
within the limits of the authority granted by his or her pom,-er of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983:
RESOLVED that the signaturt of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the on inal signature of such officer and the original
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAiRMON'I' INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
fA FAIRMONTINSURANCE COMPANY
� 8
APR. 10 ; y
1',ay �+AL`�•',xx,� Siyratlure llenry F.Y
right, Vi Pres:rlent
�f111NNittt l
�
Notlea ,n V 5 A
M •-
State of Callfornia
aa.
County of Los Angeles
Henry F. Wright--, personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the duly elected Vxce President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he/she knows the seal of said corporation; that the Seal affixed to said instrument is such cor-
parate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and
that he/she signed his►hcr name thereto by like authority.
Subscribed and sworn to me this 22nd
OFFICIAL StAL
HARRIET LAMSELL
H07ARr PUgUC-- CALIFORNIA
PRINCIPAL. OMCE IN
LIDS ANGEIES COUNTY
hiy Whsiuiw Expires Am 27,1983
day of March
CERTIFICATION
Notary Public in and
for said County and State.
, 1985
1, . Trade A. Tsujirroto the Assistant: Secretary of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
and 14. of Article 1V of the Bylaws have not beer. abridged or revoked and are now in full force and effect.
Signed and Sealed at Burbank, California, this 22nd
Originated by: .�.....
ety Manager
day of April. , 19 85 .
Date of: Origin: �,,,�
Iwtutn Ot►oinal and Copy
9,0J,101nrl rurlrlicattl lu
City III IfuntuK{tun Huarh
no -it i90
Iaty Attnrntry
Hunrtovion Hearts, CA 97648
copes, to Risk Manager after apmovol
CERTIFICATE OF INSURANCE
TO
CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
Approved as to Form'
Gail Hutton, City AtturneY
This is to certify that the poP.;ier of insurance as described below have been issued to the insured by the undersigned anti are in force
at this time. 11 these policies am cancelled or changed in such it mannor that will effect this certificate, the insurance company ayrer.s
to give 10 days prior written tlatice, by mail, to City nt Huntington Beach P. O. Box 711. Huntington Beach, Calitornia 92648, ALL
ITEMS MUST BE COMPLFTED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DAZED BY AN
AUTHORIZED REPRESENTATIVE OF TKE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured SAITH ELECTRIC SUPPLY
Address of Insurer, 1-0 7 9 2 '_Cj QTT AYE.,-STANTON, CA 90680
Location of Work or OFeraticins to be performed GOTH&RD .ST AND HEEL AVE-, HUNTINTON OEAQIU�
Description of Work or Operations _ LABOR, MATERIALS & EQUIPMENT
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
Effective
Expiration
POLICIES IN FOECE
POLICY NO.
In Thousands (000)
(INS.)
GENERAL L'AP:LITY
tY.I COMPREHENSIVE FORM
72ABM.X2751
4-1-85
4-1--86
s 500,000 CSL
HARTFORD
Each Occurance
MI PrFMISES - OPERATIONS
Ixl Ex :OSION AND
COI.LAPSC HAZARD
Ml UNDERGROUNU HAZARD
lXl PRODUCTS COMPLCTED
OPERATIONS HAZARD
IX CONTRACTUAL
tr/SURANCE
(}{) BROAC FuP.M
PROPC►'T't OAMAC.E
tK I INDEPENDEN.�
CONTRACTORS
b{1 PE nSONAL IIJJURY
AUTOMOBILE LIABILITY
�{! COMPFIEHENSIVE FORKI
72ABMX2751.
4--1--85
4-1-86
HARTFORD
IX I OWNED
s 100,000 CSL
Each Occurance
1}CI HIRED
IX NON -AWNED
EXCESS LIABILITY
1 I UMBRELLA FORM
1 1 OTHER THAN
S
UMBRELLA FORM
WORKERS'COMPENSATION
WP-60090
3--1-85
3-1-86
PACIFIC COMPEb
and
$ 2,000,000
TION INSURANCE
EMPLOYERS' LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of Huntington Beach• when actin-e as such are additional insureds hereunder, for the acts of the insured, and such Insurance shall
be primary to any insurance of the, City of Huntington Beach, as their interest may appear.
Date APRIL
23, 1985
INSURANCE COMPANY
Name
Address
City ...__
REPRESENTATIVE
By too
Address 1750 E. DEERE u .
City SANTA ANA, CA 92705
Telephone
HOLD HARMLESS AGREEMENT
(to be executed by insured)
The insured I . agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employ t.'es against any liability, loss, damage, cost, or expense by reason off liability; suits, claims,
demands, judgments and causes of action caused b insured, his employees, agents or any subcontractor or by any third parr: arising
out of or in consequence of the performen tl r-ssl operations o activit for Which this_ artificite of insurance is furnished.
' 11) Sole Proprietorship (2) Partnerthio t— (31 or (4) Oth (state) `
HOLD HARMLESS SIGNED: By Insure ? f Till
' z4dent
IAt! names shall be printed or typed By !rnu I..`+Ur.Lc'�" ""- .. itie t"Y" r, tS`�.r`1 •"G,'r
below each signature.) /" 7/�,/// 1"erisur r
1'
If Corporation. TWO Officers must sign, or present evidence of authorization to bind Corporation.
SA— '
CO.
State of California
County of .T�QS AncleS SS
22nd April 85
On this day of �► ` __ in the year 14 before me personally
appeared _ _ tm G, G lr!z r ` personally known tome
A -tone" In VOCI
(or proved to me or. the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument us the
Attorney -in -Fact of- Fairmont insurance %;: mgany , and acknowledged to me that he subscribed the name of the Said
company thereto as surety, and his own name as Attorney-in-Facr.
' a. Scat
(Notary Public)
S-318 (10-83) _
Bond No. FB 005223 �.
FAiRMONT INSURANCE COMPANY
PAYMENT BOND
CALIFORNIA PUBLIC WORK AFpfiOVRD AS TO FORD:
GAIT, HUTT011, City Attorney
By: Dep y C tY to eY
KNOW ALL MEP! BY THESE PRESENTS,
That we, Smith Electric Supply
as Principal, and Faizmont^ Insurance CcaTpany a Corporation
organized and existing under the laws of the State of California
and authorized to transact surety business in the State of California, as Surety, are held and firmly bound
unto City of Huntington Beach
2000 Main street, CA 92648 ,as
Obligee, in the aggregate total of Nine thousand one hundred thiKty five & 50Z100-----
_ __ __ _ __ _ _ Dollars ($ 2, 3.35. 50 1,
for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, ad-
ministrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated
entered into a Contract with Tbe r; tv o Hunt•5 nqt(n 14-arh, CA
for Relocation
7,1 hardware at the intersection of Gothazd Street: and
Avenue, in the City of Huntington Beach
NOW, THEREFORE, if the Principal or his subcontractors, shalt fail to pay any person named in Section 3181 of the
Civil Code of the Sate of California, or amounts due under the Unemployment Insurance Code with respect to work
or labor performed by any person named in Section 3181 of the Civii Code of the State of California, or for any
amounts required to be deducted, withheld, and pa,d over to the Employment Development Department from the
wages of employees of the principal and his subcontractors pursuant to Section 13020 of the Unemployment In-
surance Code, with respect to such work and labor, the Surety will pay for the same in an aggregate amount not ex-
ceeding the sum spscitied in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee,
to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California.
This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so
as to give a right of action to such person or his assigns in any suit brought upon this bond.
SIGNED AND SEALED this � __ 22nd day of April
85
19-.-,-.,_-
executed in duplicate
ectric
r__Q
� r .
By —
Kim R. sm1 .
d
. ti. Attorney -In -fact
MONT INSURANCE CONIONY
Burbank, California
POWER DE ATTORNEY
KNOW ALL .&?W a< BY 'i'tlE5E PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
5�!t Z G l . rSnzit�
as its true lawful Attorneys) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the natant
thereof,
and to bind FAIRMONT INSURAICE COMPANY thereby, and all of the acts of said f ttomey(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of thy+ Company, which Bylaws
are now in full force and effect:
ARTICLE IV, Section 13. AT'TORNEYS-iN•FAC'1 AND AGirNIS. The chairman of the board, the president, the vice
president, the chief �ancra o rcer, or t _e secretary o (he corporation may appoint attomevs-in•fact or agent3 with power
and authority, as defined or limited in their respective powers of attorney.for and on behalf,of the corporation to execute
and deliver, and affix thr seal of the Corporation thereto, bonds, undrtakings, tecognizances, consents of surety of
other w•rtten obligations in the nature thereof and any of said oficers may remove any such a►tomey-in-fact or agent
and revoke the power and authority given to him or her.
ARTICLE iV. Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognira.ice, consent of surety or written
ob:igation in the nature t ereoTs a va id'a'na binding upon the corporation when signed by the chairman of the
board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duty atie!ted
and sealed, if a seal is re uired, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly e,Recuted and seated, of a seal is tequired, by a duly a•ithorized attorney•in•fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Boa-.d of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the sea: of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance consent of surety or other whiten obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the on inal signature of such officer and the original
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COM13ANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
FAIRMONT INSURANCE COMPANY
By
1910 ,
�n�srrinUtsrls
Ilenry I_`
917r right, Vi� esidant
,Cw...
State of California
as.
County or Los Angeles
Henry F. Wright , personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the'duly elected Vice President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and
that he/she signed his/her name thereto by like authority.
Subscribed and sworn to me this 22nd
OFFICIAL SEAL
HARRIET LAMBELL
NOTARY PUDLIC.- CALIFORNIA
PRINCIPAL OFFICE IN
LDS ANGE ES COUNTY
My Cori iuion Expires Apt. 27,1988
day of March
CERTIFICATION
, 1985
77
Notary Public in and
for said County and State.
Trude A Tsju imow Assistant Secretary
I, ,the __ of FAIRMdNt
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
Signed and Sealed at Burbank, California, this
�,��VA �kr�►
a APR. 10
1910�
CALIf f..�o
Cricginated by
Su�x'et~1 Marwig r
22nd day of April , 19 65
Data of Or%iris __�__
Return Original zed Copy
i.umplolud %'Olt,f,cat0 to:
C,ly of Ifu►rti,vgtt►n UPACI►
CNy Atlnn►•y
"lox IPO
Huntington Beach, CA 92648
Copy to Risk Mans9w after approval
CERTIFICATE OF INSURANCE Approved as to Form:
TO Gail Hutton, City Attorney
CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force
at this time. It these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice. by mail, to City of Huntington Beach P. O. Box 711. Huntington Beach, California 92648. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN TI4IS FORM SHALL, BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured _ SMITH ELECTRIC SUPPLY
Address of Insured __ 10 7 9 2 KNOTT AVE,,_ STANTON, CA 9 0 6 8 0
4
Location of Work or Operations to be performed r.QTHARD Sm ANn HPTT. AVF. CON BEACH. CA
Description of Work or Operations __ _ _ LABOR, MATERIALS 6 EQUIPMENT
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
E-f-factive
Expiration
POLICIES IN FORCE
POLICY NO.
In Thousands (000)
(INS.)
GENERAL LIABILITY
Q{I COMPREHENSIVE FORM
72ABKX2751
4-1-85
4-1-86
s 500,000 CSL
HARTFORD
IX PREMISES. OPERATIONS
Each Occurance
IxI EXPLOSION AND
COLLAPSE HAZARD
ICI UNDERGROUND HAZARD
IXI PRODUCTS COMPLETED
OPERATIONS HAZARD
ICI CONTRACTUAL
INSURANCE
(}t1 BROAD FORK
PROPERTY DAMAGE
IY.I INDEPENDENT
CONTRACTORS
bLI PERSONAL INJURY
AUTOMOBILE LIABILITY
fXI COMPREHENSIVE FORM
72ABMX2751
4-1--85
4-1-86
HARTFORD
tKI OWNED
$ 500,000 CSL
IxI HIRED
Each Occurance
IX NON -OWNED
EXCESS LIABILITY
I I UMBRELLA FORM
II OTHER THAN
$,.,,,�.^,,
UMBRELLA FORM
WORKERS'COMPENSATION
WP-60090
3-1-85
3-1-86
PACIFIC COMPEN
and
TION INSURANCE
EMPLOYERS' LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of Huntinaton Beach and its City Council, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall
be primary to any insurance of the City of Huntington Beach, as their interest may appear.
Date
APRIL 23, 1985
INSURANCE COMPANY
Name
Address
City
AUTHOfl g=,ENTAT
•
BY c
Address 1750 E . DEERE ST .
City SANTA A14Ar CA 92705
Y
no
HOLD HARMLESS AGREEMENT
(to be executed by Insured)
The insured • . agrees to protect, dofend, Indemnify. save, and hold harmless the City of Huntington reach its
officers, agents, and employees against liability, loss, damage, cost, or eApanse by reason off liability; suits, claims,
demands, judgments and causes of wwou cauabbinsured, his employees, agents or any subcontractor or by any third party arising
out of or in consequence of the performancey operations o activi for which this rtificate of insurance is furnished.
It) Sols ProprietnreJ,vp !21 Partnership ((41 Oth (elate) I
HOLD HARMLESS SIGNED: BY Insured: 1 Title r
iAll names shall be printed or typed Ifs Innuted:
wow each signature.!
---..--...—.Title
If Corporation, TWO officers must sigrt, or present evidence of authariration to bind C)rporation.
ISA--
I CO.
i
State of California
County of DRANG --
1st
On tills day of
} V. A. DIT MEYER
appeared
AUGUST
in the year 19 85 before me personociy
personally kn Iwn to me
RIpMIw itY'
(or proved to rye on the bests c.i isforrory evidence) to be the person whose name is subscribed to this ,nsrrurnens as the
Attorney -in -Fact of. Falrmorll' insvance Company . and ocknows to me that he_-subscrtbed the name of the said
AN.
Ito p'ny thereto as surety. and nls own name as Attorney -in -Fact.
�•OFPC1AL SEAL. �
=A JNeLY L. fi0't/f-RTUIV _ -� j �'•}\
ORANGE COUNTY
!►!y Ccmmi--b s Fni es May 6, 19$7
S-318 (10-83)
cj
I To T+unta:
CIt7 orney
FAMIONT INSURANCE
Bond No. ER 005733-A_
MAINTENANCE BUND
KNOW ,.ILL ,1fF.A' B?' TIIFSF. PRFSFNTS, That we, --SMLTII-ELFCIRLC_S I.UPpI Y
1.0792AQTT AILENQF �ST�NTUN. CA 90680
as Principal, and FAIRMONT INSURANCE COMPANY , a corporation organized under the laws
of the State of California and duly authorized to do business in the State of� CA I FQEU.A
as Surety. are held and firmly bound unto � I�=.�HUHT�S ACH
2000 MAIN STREET. HUNTINGTON BEACH, CA 92648
2yl�lv a
as Obligee, iit tfie penal sum of E IGI{TEEN THOUSAND TIWO HUNDRED SEVENTY ONE AND NO1100 -----
------------------ - - A---- --.------- —-------- ----(S 18.271 .00 ),
to which payment well and truly to be made we do bind ourselves, our and each of our heirs. executors, administrators,
successors at.d assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract witli the
CITY OF HUNTINGTON BEACH_
for
HEIL AT GOTHARL SIGNAL RELOCATION PROJECT
dated Apri 1 16, 1985
1i'HF.RFAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of
one — yeatls) after approval of the final estimate on said jut}, by the owner, against all defects in workmanship and
materials which ►nay become apparent during said period, and
flrllf:XliA.S, said Contract has been completed, and was approved on the first
day of JULY 1t)85
NOW, THEREFORE, THE CONDITION OF TIIIS OIILIG.,I TION IS SUCH, That, if the Principal sliall indemnify the
Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become
apparent during (lie period ofQllQ—ycai(s) from and after _]may 1, 1985
then this obligation shall be void, otherwise to remain in 1',rll force and effect.
Signed, scaled and dated this 3s.t ._ _ - dr., of— ilLMU551 .., 19.$5.._, .
s-313 do-e3)
J
w 1
FAIttMc wrr INSUBANCE COMPANY
By_ c..-1 •.c.. -- �r ez V. A. DITTMEYER, (-MiAncy-in•Fact
•'PJARMONT INSURANCE COMPAW
Hurbank, callfotrnla 09
POWER OF A' 1VHNEY
KNOB~' ALL MEN BY THESE PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint V. A. DITTMEYER
as its true lawful Atiorney(s)- in -Fact, with full power and authority, for and on behalf of the Company as sure ty, to execute
and deliver and affix the seal of the Company thereto, if a seal is required. bonds, undertakings, mcognizances, consrntsof
surety or other written obligations in the nature therof, as follows:
Any and.all bonds, undertakings, recogr&ances, consents of surety or other written obligations in the nature
thereof,
and to bind FAIR IONT INSURANCE COMPANY thereby, and all of the acts of said Attornty(s)-in Tact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now in full force and effect:
ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vine
president, the c ie inancia officer, or t e secretary a the corporation may, appoint attorneys-in•fact or agents with power
and authority, as defined or limited in their respective powers of attorney. for and on behalf of the corporation to execute
and deliver, and affix the seat of the Corporation thereto. bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficers may remove any such attorney -in -fact or agent
and revoke the power and authority given to him or her.
ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance. consent of surety or written
obligation in t c nature t ereo shill valid an binding upon the corporation when signed byy the chairman of the
board, the president, the vice president, the chief financial a ,cer, or the secretary of the corporation and duly attested
and sealed, if it seal is requited, by the secretary or assistant senetary, or shall be valid and binding upon the corporation
when duly, executed and sealed, if a seal is required, by a duly authorised attorney -in -fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting drily called
and held on the Ord day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance consent of surety or other wntten obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the on1prial signature of such officer and the origirul
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
off ixt d.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22na day of March of 1985
FAIRMONT INSURANCE COMPANY
By
A�_�Jj
(X._..
Sigr~stu'e Hani-y F. Wright:, Vi� President.
v
h,tiao w% U 5 A
SPA3 (3/85)
r
•
State of California
County of Los Angeles
•
Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the duly elected vice President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and
that he/she signed his/her name thereto by like authority.
Subscribed and sworn to me this 22na
WIVAI ELAL
HARRIET 1.AMBELL
MDIARY PUOLIC-CALIFORNIA
rRINCIRAI OfFICr IN
LOS ANGELES COUNTY
My Cowi!4im Exvirss Or. 27, IM
day of March
CERTIFICATION
Notary Public in and
for said County and State.
1985
TrWe A. Tsujimoto Assistant Secretary I, � ,the of FAfRMOIVT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
and 14. of Article IV of the Bylaws have-not been abridged or revoked and are now in full -force and effect.
Signed and Seated at Burbank, California, this 1st
',SV AAA� '' ..'f"'
�+gip,
_CALIF_Y
day of AUGUST i9 85
pt'ictinated by; Mte of (Vigint
§ y MWaKPr
I
City of.Huntington Beach
Department of Public works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act of 1972
Gentlemen:
The undersigned, contractor on
Heil at Gothard i11- Project
No. Tit e
hereby certifies that all laborers, mechanics, apprentices, trainees,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project have been paid wages at
rates not less than those required by the contract provisions, and
that the work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or
training program provisions applicable to the wage rate paid.
Signature and Title
President
RECORDING
RIrQu MED BY
WHEN RECORDED MAIL TO:
GI TY OF HUNTINGTON BEACH
Office of the City Clerk
f'. n. Box 190
F11intinptun f3ejcli Calif. 926411
0
85_-247 72:3
ff
MPT7
NOTICE OF COMPLEIION
CC-GGA
RECORDED IN OFFICIAL RECORDS
OF OnANGE COUNTY CALIFORNIA
• x 92 PM JUL 585
NOTICE IS HEREBY GIVEN that the contract heretofore awarded Y the J ty Council of
the City of Huntington Beach, California to S11ITH ELECTRIC SUPPLY,
10792 Knott Avenue, Stanton, CAlifornia 90680
who was the company thereon for doing the following work to -wit:
Relocation of traffic signal hardware at the intersection'of Gothard St"reet and
Heil Avenue in the City of Huntington Beach, California, Project CC-668,
That said work was completed 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 City Council of the City of Huntington Beach
at a regular meeting thereof held on _ July 1, 1985
That upon said contract the FAIRMONT JNSURANCE COMPANY
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 2nd day of July _, 1985 .
0.
STATE OF CALIFORNIA )
County of Orange j ss:
City of Huntington Beach )
1ty Clerk and ex -of f7cio M—rk
of the City Council of the City
of Huntington Beach, California
I. ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
And correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this _ 2nd day of
This document is solely for the
official business of the City
of'Huntinpton Bench, as contem-
plated under Government Code
Svc. 6103 and should be recorded
Pree of cberne.
City tlerk and ex-o�cio r.1erk
of the City Council of the City
of Huntington Reach, California
a
WHEN RECORDED MAIL 'CONFORMED COPY CC-668
J0Not Compared with Origin
.;IIY 11I IIUN1114GTON ULACli EXEP�IPT f�� �� �fL� L 8.,5«_24'77t 243
C�tfice of tl)e City Clot t /n
f'. i). f�tix 19U C /
Ilrrniin,•lun Vrot 1+ Calif 4261114
U0111;1 0' COMPLETION
UOTICE IS 11FREBY GIVEN that the contract heretofore awarded by the City Council of
the City o� rh,ntington Beach, California to S111711 ELECTRIC SUPPLY,
10792 rnott Avenue, Stanton, California 90680
who was the company thereon for doing the foilowing work to -wit:
Relocation of traffic 0 grial hardware at the intersection of Gothard Street and
Heil Avenue in the City of Huntington Beach, California, Project CC-668.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-1 oo PM JUL 5'85
(� �n GGuNrr
AECOPOER
- -J
That said work was completed 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 City Council of the City of fiuntington Beach
dt a regular, reefing therec ' held on Jul_y._1. 19135
that upon said contract the fAIRMONT INSURANCE COMPANY
was surety for the bend given by the said company as required by law.
Dated at Huntington Beach. California, thi; __2nd _ day of _ July ___•. 11)GS .
4tler and Aexo f cio C erk
of the City Council of the City
of Huntington Beach, California
STATE Of CALIFORNIA
County of Orange 5s:
City of Huntington Beach
I, ALICIA 14. WENTWOP.TH, tno duly elected and qualified City Clerk and ex-officio
Clerk of Ve City Council of the City of Huntington Beach, California do hereby
cert;t; uncer penalty of perjury, that the forego?ng NOTICE OF COMPLETION is true
and correct, and that sail NOTICE OF COMPLETION was duly and reglrlarly ordered to be
recorded it the Office of the County Recorder of Orange County by said City Council.
Dated at lhntington Beach, California, this day of y , 193�..
tnls document is solely for the
efftalnl business of the City
of Huntln!ton Rpnch, A3 contz-a-
plateC tinier Covertrsent Cod*
Sec. 6103 and should be recordrb
Pros or charge.
C�.
ty Cler and ex-6T?Tc% GFerT
of the City Council of the City
of Huntington death, California
REQU " FOR CITY COUN ACTION
Date June
Submitted to: Honorable Mayor and City Council
Submitted by: Charles 'i xpson, City Administrator
Prepared by: Paul E. Cook, Director of Public Works
Subject: Notice of ampletion for the Controller Relocation Project: CC-668
Consistent with Council Policy? [4 Yes ( ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, rundinq Source, Alternative Actions, Attachments: V,
Statement of Issue:
Smith Electric Supply has ccmpleted all work related to the Controller Relocation
project at the intersection of Heil and Gothard.
Recow endation:
1. 7=ept the work and instruct the City Clerk to file a notice of ccnpletion.
Rnalysis:
The following is a summary of increases in the contract costs:
Contract bid: $ 18,271.00
Increase in contract quantities: -0-
Subtotzl: $ 18, 271. 00
Liquidated damages: -0-
Total contract price: $ 18,271.00
Fumli' ng Source:
Gas Tax Funds (Account #746680) = 50% of total project cost.
Developer. Funds = 50% of total project cost.
Alternative Action:
N/A
Attachment:
None
PIO 4►34
�. CITY OF Hi.. NTINTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 24, 1985
Smith Electric Supply Company
10792 Knott Avenue
Stanton, CA 90680
The City Council of the City of Huntington Beach at its meeting
held April 15, 1985, approved an agreement between your firm and
the City for relocation of traffic signal hardware, Project CC-668,
in the City of Huntington Beach.
Enclosed is an executed copy of the agreement for yol:I- files.
Alicia M. Wentworth
City Clerk
Aft b t
Enclosures
r'�
REOUEO FOR CITY COUNCIVACTION
Date March 29, 1985
Submitted to: Honorable Mayor and City Council
.1
G
Submitted by: Charles Thompson, City Administrator
Prcpared by: Paul E. Cook, Director of Public Works
c,
Approval of a Contractor for the Relocati o - raff'
Signal Hardware; CC-668 J
Consistent with Council policy? [A Yes [ I New Policy or Exception \.
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachtn3nts:
Statement of Issue: 1-0
The City Council has previously approved the solicitation of contractors
for the relocation of traffic signal cabinets and controllers at the
intersection of Heil and Gothard.
Recommendat-iono:
Accept the proposal submitted by Smith Electric Supply, in the amount
of $18,271.00 and authorize the !Mayor and City Clerk to execute the
standard agreements on behalf of the City.
Analysis:
In order to effectively complete the task of relocating equipment at
Heil and Gothard in Iiunt-ingt-on' Beach, it is recommended that a
contractor be retained. The following pronesals were received:
1. Smith Electric $�81271.00
2. Steiny and Company $18,890.00
3. Paul Gardner Corporation No Bid
4. D and H Perry No Bid
5. De Barge Electric No Bid
6. JRJ Construction: No Bid
Funding Source:
Gas Tax Funds (Account #746680)
Alternative Actions:
Postpone relocation of controller and cabinet.
Attachments:
N/A
PEC:I 11:lw
P!O V6rt
Submitted to:
Submitted by:
Prepared by:
l -- 0.- / 11?6'
REQUEO FOR CITY COUNC40ACTION
Date
Honorable Mayor and City Council
Charles W. Thompson, City Administrator
Paul E. Cool:, Director of Public Works
Subject: i4.Tproval to Advertise
Controller Relocation
Heij; � F�68
Consistent with Cound Po icy. [ x] Yes
for Bids for the Cb
7nprovexr-nts at the
February 12, 1985
►ILU� �'� lidLl 19- .
tLif
true 7� Sianal
[ ] New Policy or Exception
bf Gothard and
Statement of Issue, Recommendation, Analysis, Fundinh Source, Alternative Actions, AttachmentsUd
St.atpiren - of Issue:
Gngoing public i.mprovemn4s by the developer of the northt%est corner of subject
intersection call for the relocation of City awned traffic sicnial controller and
cabinet.
Reamr ndati.on :
That the City Council approve the plans and specifications for this project and
authorize the Department of Public Works to advertise for bids for the construction
of these hTprovements.
Analysis:
The City of Huntington Beach Public Works policy requires de`velcpers who improve lots
adjacent to public facilities to improve those public facilities within certain limits.
Proposed plans for this site fall withh) these requirem~nts. The proposed plans call.
for the neeessary iurprovemant of the northwest corner of this intersection. The
construction of these improvements 1k ve provided the City with the opportunity to
replace and relocate outdated traffic signal controlling egtu.pmit. The Public Works
staff has negotiated these inprovemnts with the developer. All portions of work
included in tllc plans and specifications are agreeable to both parties. The developer
has agreed to fund 50% of the costs for the replacomnt and rclocat-ion improvements.
Plans and specifications have been reviewed by staff and are ready for, bie.. The plans
and specifications include the replacing of the existing outdated controller device.
The estimated project cost for this project is $30, 000.00. This estimate includes
ttr- costs associated with the preparation of the plans and specifications.
Fanding Source:
City Gas Tax Funds (50%) $15,000.00 (in account No. 740630)
Developer's Contribution (50%) $15,000.00
Alternative Actions:
:
N/A
Attachrmnts :
0 •-
GV:PEC:IGI:lw
PIa 4l64