Loading...
HomeMy Public PortalAbout2007-03-21 Accord Engineering - Agreement and Insurance - Teton Storm Drain Improvement Project~~Zby C/ TY OF FULLERTON AGREEMENT THIS AGREEMENT, made and entered into at Fullerton, California, by and between the City of Fullerton, a municipal corporation, hereinafter designated as the Contracting Agency, and ACCORD ENGINEERING 1231 E. DYER ROAD, SUITE 265 SANTA ANA, CA 92705 hereinafter designated as the Contractor, WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE I That this Contract consists of this Agreement and the Invitation to Bid, the Instructions to Bidders, the Bid Security Forms for Check or Bond, the Accepted Bid, the Performance Bond, the Labor and Material Bond, the Non-Collusion Affidavit, the Specifications, the Drawings, all addenda as prepared prior to date of bid opening setting forth any modifications or interpretations of any of said documents and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. All of the provisions of all of said Contract Documents are hereby incorporated in and made a part of this Agreement as if fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by the Contracting Agency as set forth in said Contract Documents, the Contractor agrees with the Contracting Agency to do the work and furnish the materials in accordance with the said Contract Documents, which work is generally referred to as TETON DRIVE STORM DRAIN, and to furnish at his own cost and expense all tools, equipment, services, labor, and materials necessary therefor, and to do everything required herein and by said Contract Documents. ARTICLE III For, and only in the event of, the furnishing of all the said services and materials, the obtaining of all permits and licenses of a temporary nature; the furnishing and removing of all debris and temporary work structures and temporary work installations, tools and equipment, and the doing of all of the work contemplated and embraced in the said Contract Documents, also in full payment for all loss and damage arising out of the nature or performance of the aforesaid work during its progress or prior to its acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for and from all other risks of any description connected with the said work, also in full payment for all expenses incurred by or in consequence of the suspension or AGREEMENT-2 discontinuation of the said work, except such as in the said Contract Documents are expressly stipulated to be borne by the Contracting Agency and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said Contract Documents and in accordance with the requirements of the Director of Engineering of said City under them; the Contracting Agency will pay, and the Contractor shall receive, in full, compensation therefor, the prices set forth in the Accepted Bid. ARTICLE IV The Contracting Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the material and to do the work according to the terms and conditions contained and referred to in the said Contract Documents for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the said Contract Documents, and that the obligations and benefits of this Contract shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. ARTICLE V No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a notice to proceed has been given in writing to the Contractor by the Contracting Agency, which notice shall be given by the Director of Engineering of the said City, and the Contractor shall commence work within five calendar days from the date specified in a written notice to proceed. IN WITNESS WH ~ EOF, thq parties hereto have_ caused this Contract to be executed this f~ ~ da of ~ - ~ Ci~~_~ , 20L~ Y ~~ CITY OFF Mayor ATTEST.:.., ,; ~, r° , City Clerk CONTRACTING AGENCY PROVED AS TO FORM: By: Richard .Jones, City Attorney /~~Q-t~ ~~r.I ~E~l~-IrJ~.t . t r~1C . Contractor By V t c6 ~'t~~~~GN T Title ~..f~ pe~~vr~lT Title License No. ~ ~ 3 ~ 3 ~ AGREEMENT-2 ~.~ ~ ~~ '~ Executed In Triplicate C/ TY OF FULLERTON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; THAT, Bond Number: 72BCSEF9692 Premium: $6,618.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price WHEREAS, the City of Fullerton, a municipal corporation, duly organized and existing under and by virtue of the State of California, by minute order of its City Council on February 6, 2007, has accepted the bid of and awarded a contract to, ACCORD ENGINEERING 1231 E. DYER ROAD, SUITE 2fi5 SANTA ANA, CA 92705 hereinafter designated as the "Principal', who has executed certain documents constituting a written contract to do the work and furnish the materials in accordance with said bid and as described in and required in the said contract documents, which work is generally referred to as TETON DRIVE STORM DRAIN, and WHEREAS, the said Principal is required under the terms of said contact to furnish a bond for the faithful performance of said contract; NOW, THEREFORE, we, Accord Engineering, Inc. as Principal, and Hartford Fire Insurance Company as Surety, hereby hold and firmly bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, to the City of Fullerton, a municipal corporation, hereinafter called the "Contracting Agency", in the penal sum of (100% of bid), four hundred forty eight thousand nine hundred fifty dollars 00/100 {$448,950.00) lawful money of the United States of America. THE CONDITION OF THIS OBLIGATION /S SUCH THAT if the said Principal, his or its heirs, executors, administrators, successors or assigns, shall well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements contained in all of the documents constituting the said contract and any alteration thereof, made as therein provided, all within the time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. FURTHER the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the said contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the said contract documents or of work to be performed thereunder. PERFORMANCE BOND - 1 IN WITNESS WHEREOF, three {3) identical counterparts of this instrumen#, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named, on the 14th day of February 20 07 Accord Engineering, Inc. Principal ~' B . Hartford Fire Insurance Company Suret' By Penny E. Kelley, A ney-In-Fact ALL BOND SIGNATURES MUST BE NOTARIZED. THE USE OF ANY OTHER`~`TANDARD BOND FORM MUST BE APPROVED BY THE CITY AND THE SECURITY STIPULATIONS PROTECTING THE CITY ARE NOT TO BE REDUCED /N ANY WAY. THE BOND SHALL BE DULY EXECUTED BY A RESPONSIBLE CORPORATE SURETY AUTHORIZED TO ISSUE SUCH BONDS /N THE STATE OF CALIFORNIA. ROVED(1~S TO FORM: By: D. Jonb~, City Attorney PERFORMANCE BOND-2 CaLIFORNIQ aLL•PURPOSE a0lENOVIfLEDaMENT State of Callfomia County of SAN DIEGO ss. On ~~~ 1 ~ 207 before me, AIIDREY RODRIGDEZ, NOTARY PIIBLIC "~ mw ..o., •,lene ace, No4uy personally appeared PENPY E. KELLEY w..~r.~..:~.. ~1 personally known to me O proved to me on the basis of satisfactory evidence ~ AUDREY RODRICiIJEZ COMM. #E1d81a2Q talU~'l1RY PUBLIC-CALiFORNUI :~ sew t~o~ counmr ~c-c~M~ ,a~;' to be the person(3~ whose name) is/~ subscribed to the within instrument and acknowledged to me that .~/she~c executed the same in /her authorized capacity(ies), and that by /her signature) on the instrument the person(, or the entity upon behalf of which the person(~j acted, executed the instrument. OPT~OIi(AL Though the lnlormaNon be]ow is not required bylaw, I< may grave valuable to persons g on. the document and could provent . fraudulent removal and reattadiment of this form to another document. Description of Attached Document Title or Type of Document: Document Oate: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: e: O Individual ~, of pnmb hero ^ Corporate Officer - T1tle(s): O Partner - O Umited O Qeneral ^ Attorney-In-Fact O Trustee O Quarclian or Conservator ^ Other: Signer Is Representing: . nova ~~aavneu na~etry nesoaauon ~ vow ve Moro eve., P.O. box 2402 • Chaterrorlh, CA 91313-2402 • YYWW.11911oneh-otery.orp Prod. No. 6907 ReO~der: Ceq ToN-Free 1.800-87a-E827 Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-160200 I ~ ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana L.~ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: James R. Sommerville, Valerie M. Pearce, Lawrence F. McMahon, Leticia San Martin, James Baldassare, Jr., Penny E. Kelley of San Diego, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~7Y1~ ~ y,~~~lfrs',Irb~ a `~~i ~~~ e) ~1~ ~ :~4Eeo-learr~i t F }v ~ ~ o ~- !~ ~e~KpM~O: we .i~ ~~ ~ ,'. ~ ~~,.r88~ l~^ ~ ~~s~aM~ ~.~s ta?s ~ s 179 } ~g, ~ t}, yr a e4rg ~ 9'1! ~ ' ,ATF.n~T'~ ,,• ~l+rA '~ AA'~~} • ~yt~tlAnt7#~` ~-NgrAll~~, ~~Q ~ . Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT S~, Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ~ . ~~ „ Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the abEe~and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of fFF~~, ~ 20~~ Signed and sealed at the City of Hartford. ,rte o ~~~~ .^:~eee.-r~.rr.3 ~ ~ ~9e r ~ .'t' ~tvoae~;: ,~M~- •~ ^• ~ I~~~eKt e u,ce~'„ ~;au1N~ ~Ii:-s~ 1 ti 7 9 +-~ r 1 ~ ? O ~ 'g 9'~~ AT[tl A ~ A Cdr/4tS MAIA1~ ~ ' .~' i, _.__ ................... /~~ fy , .._... ..._....._.. r l Gary W. Stumper, Assistant Vice President POA 2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ~(`'~ On `#~u_~ L~ 7~~ before me, G ~ ~ ~ , Date ` Name and Title of Officer (e.g., "Jane Dce, Notary ub ") personally appeared ~ ~ r~ ~1~a ~` , N ) of Signer(s) SARA MARIA IGHANI """ Commission # 1499616 ~ : ~~; ~ Notary Pubtic -California Orange County My Comm. Expires Jul 9, 2008 ^ personally known to me .proved to me on the basis of satisfactory evidence to be the person(~j whose name( is/ e subscribed to the within instrument and acknowledged to me tha a e/~Ptey executed the same in r their authorized capacity(i~s), and that by is r/t it signature(s~f on the instrument the person(sf~or the entity upon behalf of which the person() acted, executed the instrument. WIT E S my hand and official seal. ____-__ ~~ Signature Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator O Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 #~' ~~Z ~ ~ Executed In Triplicate CITY OF FULLERTON Bond Number: 72BCSEF9692 Premium: Included LABOR AND MA TER/ALS BOND KNOW ALL MEN BY THESE PRESENTS; THAT, WHEREAS, City of Fullerton, a municipal corporation, duly organized and existing under and by virtue of the State of California, by minute order of its City Council on February 6, 2007, has accepted the bid of and awarded a contract thereon to, ACCORD ENGINEERING 1231 E. DYER ROAD, SUITE 265 SANTA ANA, CA 92705 hereinafter designated as the "Principal" who has executed certain documents constituting a written contract whereby said Principal will do the work and furnish the materials in accordance with said bid and contract, which work is generally referred to as: TETON DRIVE STORM DRAIN, and WHEREAS, by California Civil Code, Section 3247 and said contract, the Principal is required, before entering upon the performance of said contract, to furnish a labor and materials bond, approved by the City Attorney of the City of Fullerton, which bond must meet requirements of Section 3248 of said Civil Code; NOW, THEREFORE, we Accord Engineering, Inc. as Principal and Hartford Fire Insurance Company as Surety hereby hold and firmly bind ourselves, our heirs, executors, administrators and successors, jointly and severally, to the City of Fullerton, a municipal corporation, in the penal sum of (100% of the bid), four hundred forty eight thousand nine hundred ffty dollars 001100 ($448,950.00) lawful money of the United States of America. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the said Principal or any of his or its subcontractors or heirs, executors, administrators, successors or assigns of any, all or either of them, shall fail to pay any of the persons named in Civil Code Section 3181, with respect to any work or labor performed by any such claimant or any amount due under the Unemployment Insurance Code, that said Surety will pay for the same, but not exceeding a total amount equal to the sum hereinabove specified and reasonable attorney fees in any action on this bond. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3183 of the Civil Code of the State of California. LABOR ~ MATERIALS BOND - 1 FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the said contract documents or of the work to be pertormed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or mod cation of the said contract or of work to be performed thereunder. IN WITNESS WHEREOF, three (3) identical coun#erparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named, on the 14th day of February , 20 07 . Accord Engineering, Inc. Principal By ~~ Title Hartford Fire Insurance Company Suret By ~ ~ C-~ Penny E. Kelley, Attor a -In-Fact Title ALL BOND SIGNATURES MUST BE NOTARIZED. THE USE OF ANY OTHER STANDARD BOND FORM MUST BE APPROVED BY THE CITY AND THE SECURITY STIPULATIONS PROTECTING THE C/TY ARE NOT TO BE REDUCED IN ANY WAY. THE BOND SHALL BE DULY EXECUTED BY A RESPONSIBLE CORPORATE SURETY AUTHOR/ZED TO ISSUE SUCH BONDS IN THE STATE OF CALIFORNIA. TO FORM: By: City Attorney LABOR & MATERIALS BOND - 2 OaLIFORNta aLL-PVRPOSE AOlENOVIfLEDaM~NT State of California County of SAN DIEGO FED 1~ 4 2007 ss. On before mar AIIDREY RODRIGUEZ, _NOTARY PIIBLIC personally appeared PENPY E. KELLEY . _ ~1 personally known to me O proved to me on the basis of satisfactory evidence to be the person( whose name) is/~ subscribed to the within instrument and acknowledged to me that ~/sheffi~jc executed the same In /her authorized capacity(ies), and that by /her signature) on the instrument the person{~, or the entity upon behalf of which the person( A~IDREY RODRIQUEZ acted, executed the instrument. ,. COMM. #E1e81~26 ~ ~j WI E my han nd official se~i, y ~D~~ Bslor- Expires "~ 8ER 19, 2008 ~ry i OPTIONAL Though the lnlom>atlon below is not n~gWred bylaw, !t may prove valuable to persons rlelying on. the document and could prevent haudulent mmova/ and reattachment of ihls form to another document. Description of attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: .: O Individual ~p of tl~urt~ tle~e ^ Corporate Officer -Title(s): O Partner - ^ Umited ^ Qeneral ^ AttomeyIn-Fact ^ Trustee O Quardian or Conservator ^ Other: Signer Is Representing: r roaa nervns~ noietry'lssogauor- • 0350 De 6oM AVe., P.O. Box 2402 • Chatew~orth, C1191919-2402 • rvWW.nellor~elnotary.org Prod. No. 6807 Reorder: Ceq Toq-Free 1.800-B78-ABP7 - ~ ~ ~ Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-160200 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut u Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois L~ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: James R. Sommerville, Valerie M. Pearce, Lawrence F. McMahon, Leticia San Marfin, James Baldassare, Jr., Penny E. Kelley of San Diego, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~tY l~ ~~t t e s, ry : ~i- i68~ Y ~~jd ~ ~~ $ ;,l~~~K~e~acyla^ ~*sMM- '~i,a t~?4 ~~ g~ta?9 ~ 'S. 197 A ' ~tTkD~, ~ yf-A~'^~A~~L • ~ }~t11114tS* ~~R~~~~` ~~Q ~ . Paul A. Bergenholtz, Assistant Secretary ~ ~ ~~-~-- David T. Akers, Assistant Vice President STATE OF CONNECTICUT sS, Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ~~ ~ ~~~~~ . ~~c Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Fr~B ~ ,~ 2~0~ Signed and sealed at the City of Hartford. ,s°•. ~~~ ;'"' ~ ~j~KBB,Y_'-ni ~ ~~iAM~ a3~t~?9 ~ zQ?4 •~ :ag ~ ~ ! A?C~.O~• , ~rA '• Af+1 ~ ~ #~~4i~41S* ~~f114M~~, ~ "' ~f lip/ `~ ~ / ~`...... ............_....... ~ r`r .._..._~. 7F L Gary W. Stumper, Assistant Vice President POA 2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ~~~~ ~ ., On ~_~~?(-'~' ~ before me, _ ~ >~~ Oate Name and Title of Officer (e.g., "Jane Dce, Notary Public") personally appeared \~~~~~,~Q (~.C.t., , Nam¢(,sydf Signer(s) ^ personally known to me droved to me on the basis of satisfactory evidence 8002 'b Inf sa~ldx3 •wwo~ Aye _ Munoz a6uD~p ~ ,,~ DIWO>111D~ - oll4nd A~DtoN ~ a;. ~ ~ 91966b l # uolsslwwo~ D IN1~H91 M21b~W d2MS .:....M, to be the person(~Ij whose names is e subscribed to the withi~~',~,,,i~nstrument and acknowledged to met at(•.~,"e/tl~y executed the same in his ~F/tb~ir authprized capacity(i~, and that by is Cr/tF}~ir signature( on the instrument the person(~f, or the entity upon behalf of which the person( acted, executed the instrument. WITN my hand and official seal. Signature o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee O Guardian or Conservator ^ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 3 1 3-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Cail Toll-Free 1-800-876-6827 0311212007 08:21 7142417233 ACCORD ENGINEERING PAGE 02105 DATE (MM-DDf11YYY} CERTIFICATE QF LIABILITY INSURANCE N o2~i3~2oo~ PRODUCER (949)852-0909 FAX (9A~9 852-1131 TH18 CF.RTiFICAYE 13 183111=b AS A MAYTER OF fNFORM~-?ION Milestone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8 Corporate Park, Ste Y30 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTf`R THE COVERAGE AFPORaED DY THE POLICIES BEl.4W. Irvine ~ CA 92GOG INgURERS AFFORDING COVER~IGE NAIC # IN~u~eo Accor Eng veering, Inc. wsuaeRA: Westchester Fire Insurance Co. 1231 E. Dyer Load, Ste.265 ~~INsURERe; Hartford Insurance Group Santa Ana, CA 927D5 INSURER G: Westchester Surplus pines INSURER De Cran; fia Stato Insurance INSURER E: Fireman's Fund COVERAGES THE POLICIES OF INSURANCE LISTED eE~OVW HAVE SEEN ISSLJ~D TO THl= INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, PERM OR CONDITION OF ANY CONTRACT OR OTHIER DOCUMF~RIT WITH RESPECT,YO WHICH THIS CERTIFICATE MAYBE !$SUED OR IWAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE8CRIBED HEREIN 13 SUBJECT TO All. THE TERM&~ EXCLU&IONS AND CQNbt710NS OF SUCH PQL-ICIE3, AG6REGA7E LIMITS SHOW N MAY HAVE BEEN REDUCEb BY PAId CLAIMS. INBR dD' npE pF INgt1RANCE POLICY NUMBER P+OUCY EFFECTIVE POLUCY BDiPIRA110N LIMIT S GENBtiAL LIABILITY ~i22074$3~-001 05/04jZ006 O5 f 04/Z007 EACH OCCURRENCE S X ~ OOO ~ QOQ x GVMNICRGIAL GENERAL LuipILIT( WIMACE TO R6NTED 9 g0 004 CLAl1rFS MADE ~ OCCUR ~bED EXP (Any one parson) E 5 OOQ A X X XCU ~t'ICl uded PERSONAL A ADV INJURY 8 ], dQO OO tIBNERAL AGGREGATE S Z OOO OOO GEN'L AGGdE2E0ATE LIRAIT APPLIES PER: PRODUCTS -COMP/OP AGG S 2 000 y 000 pn~ rr_y P~ ~ nC aUT OMDBILELIAOILIT~f ANY AUTO Ciz20T4817-aDl ' OS/04~20U6 OS f 04/ZOflI COMBIN6051iNGI.ELIMII {Ea eccldonU $ ~ OOO OOO ALLOWNED AUY03 SCHEDULED AUTOS ~ RO ^ ~ V 80D1LY INJURY (Per person) S x x HIRED AUTOS R 1 .~ A ' rp Rnnu Y mi.itlNY 8 X NON•OWNED AUTOS ` 1 ^ ` (POr ~teklertq p PERTY oAMAOE $ or acNdent) OaRAO>:LIA6ILITY ~ ~~ --.... ALIYOONLY-EAACCID>=NT 5 aNY Auro OTHER TI•IAN ~ ACC 5 nu i u iA+ILY: AOG 5 ExCE89NIM8RELLA 41~1BILITY G2Z475Qx0-00~, x6/02/2006 05 jO4f ZOOT EACH OCCURRENCE S 1 OOO O00 X oCCUA ~ CLnllub6 nAADC AGGREGATE S ~. dOO aOO C $ DEDUCTIBLE ~ RETENTION $ WORKERS COMPENSATION AND 3363 396 fl1~01/2007 Q1f Olf 2x08 X WC SihTU- OTH~ i BMPLOYERB' ~IAEILITY IECL E.L. EAC!'1 gCCIDEN'f IS Z ~ OOO OOO D ANY MOPRIETOWP~IRTNER~EI ITIV[ oFrtcEillMEW19ER EXCWDEDT E.L. DISEASE • EA EMPLOY 5 1 OOO OOO If yye~~e, dosCllbe undo SPECIAL PROYIbIONS below E.L. DISEASE , PbLICY LIMIT S L 000 OHO E Rental Equipment MZI98 222201 lOf 02f 2006 iv/02/20D7 L;tni t : 200 000 QE6CRIPTIWd OF OPEAATION6 / LOCATtONB ! yFFIICLgB ~ ExCL HION9 iLapED eY >=NDDRaannnNt ~ or ia~ r Ovls~oMp E : Ci ter Proaect No. 5269, Teton Dr~ we Storm Drain. T t~e C~ty of Fu71 eeton, its elected and appointed fficials, officers, employees, and volunteers are to be Covered as additional insureds with respect to iabillty arlsing out Ot work or operations pdrfyrmrc~,by or on behalf of the cor~troctQr per endorsement NV310I0804 attached. Workers Compensation waiver of subrogation applies per attached endorsement. Ten day notice of notice of cancellation far non-payment of premium. City of Fullerton 303 West Comrrbnweal th Avenue Fullerton, CA 9~83z-].775 6HOULG ANY OF THE p60VE D6SCIi1tBE0 POLICIES 8E CANCEILCD eEPORE TMB EXPIRATiOId OATe THEREOF. TN8 ISSUINp INSURER WILL ENDPAYOR TO MAIL 3i Off' CAYB WRITTEN NOTICE TO THE CERTIFICATE HOLbER NAMHO TO THE LEFT, BU7 Ka1LURP. TQ MAIL 3UCN Nn71GF 9HAla_ IMPOSE NQ OBLIGATION OR LIABILffY pF ANY I(IND UPON TFtE IN9 AUT1{OR12ED REPRESENTATIVE 5hrari Flournv~r/SDE ITS AGENTS OR RBPRESENTaTlv68~. C.~~ v~ ACORD 2S (20d1/Q!3) ~?ACDRCf CORPORATION 1888 03!1212007 08:21 7142417233 ACCORD ENGINEERING PAGE 03105 tIUIPQRTANT If the certificate holder la en ADDITIONAL INvUR[D, the pollcy(ies) must bo endorsed. A statement an th(s certificate does not confer rights to the certlflcate holder In Ileu of such endorsement(s). If SU@R0C3ATIOIV IS VI~AIV~D, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement Qn this certificate does not confer rights to the certlFlcate holdr~r In lie~~ of such Qr~dorsem~ntts). DISCL~IIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized reRressntative or producer, and the oertif~ate holder, nor does It afFlrmatlaely or neyativoly amend, extend or altQr the coworoge afforded by the policies listed thereon. Acolzo as (zao~foe) 03!12!2007 08:21 714241?233 ACCORD ENGINEERING PAGE 04105 Insect tl>a policy nuu~er, 'i'Ite rpnnaitlder of lltc mfarcn-ction is to lu wcnpleted only wlwn this endoraemeal is i99uad Bub9equci-I In t1-a pn;pArt-tion of Ilia policy, T~YIS El~l?ORSElY1~NT CI~AN'GES THE POlJ1CY. FY.EASE READ ~IT CaRE~'ULI,Y, ADDITIONAL CNSURED ENDORSEMENT - OWNERS, LESSEES OR C0IYTRAC'pORS (PRIMARY A,ND NON-CONTRIBUTORY] This endorselnertt modifies insurance provided under the following; CAMMER,C]~L GENF.R,AL COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE Nemcd Insured Acco~•d Engineering Inc. Endorsama-lt Number Policy 5yirdool Policy N-rm6er ~EtF<<tive Dak ol'L•ndoraomont t`r ~i~i074$17~0~] P'ol-cy NchoJ ro OS104~008-05/04/2007 05/04/2006 Iooucd 8y (Norco aC In~tranco Compa-y) V-~estehester Sur Ins Lines Insurance Com an bS'~'HED~If.F.: 1Ystme of P_~Ceon ar Ort?A 1z Nan: Tne cry otFullcl•ton, If9 O~CCI'!tl, Cmpl~tyCL'n ultd Yulunleera Any per:~on or organization that fs an owner of real property or personal property on which you ure performing uperaLiuns, Ur a cunl,rae~lur utt vrltusc Uel~alf You nre performing operations, and only at the specific w~'itten req~Iest uPsuch person or organization to ~-vu, wherein such request ss made prior to comrn$ncomcnt of operations. (If no entry appears above, information reaurcd to eomolete this endorsement will he applicahla to thi.4 endorsement.) 3LCTION II - WFIO IS ANN INSU'Ii~EA is amended to include: A. SFCTIOi~T II -WHO IS AIRY 1nS~[JR1L*Y7 is amended tv inclutir~ as alt Y11JUI'Ci~ lliC perSVt- ur organization shown in the Schedule, but only writh respect to Liability asi5ing out of your ongoing operations performed for that insured. B. With respect to the insurance afTorded to these additional insureds, the following exclusion is added: 2. Exclusion:r This insurance does not apply to bodily Yn,~ury or property damage occurring after: AS (l) All work, Including rnatorials, parts or equipment furnished i.n oonnerction wikh such work , on the project (other than service, Inaintenar~cc~ or repairs} to be performed by or on behalf of the additional Insured~(s) of ihs site of the covered operations has been cotnplCted; or (2) That portion of your work out of which the injury or damage arises has been put to its Intended use by any pt=rson or orgeni~ation other than another evntractar or subcontractor engtlged in performing oparatiorts for o principal as a prat of the some projavt C. 'The Coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV•3101 (OS-04~ I~clvdes copyrighted material of Insurance Services Offices, Inc. a-i~h its percnisaion Page i of i 0311212007 08:21 7142417233 ACCORD ENGINEERING PAGE 05105 WAYVER Off' OUIt 1ZIGHT TO itECOVER FiR011~ OTHERS ENDORSEMENT=CA~tP'ORNIA "Phis endorsement chnngcR tho p~ltcy to whiclf It la attucl~ed effective nn the fnceptien rlate of the I~nliry unless a diffc,ront date is indicated below. (7'I~e followtn8 "sltncliinE clnuse'° »ecd be completed only wlieri this cadorsemet~i ks lasued sulrsequenl to prennrntlon o! the palicy~ This endorsement, oirectiWO 12:U1 AIWI OI/01/2U07 forms a pArt of Policy iVo. WC 33f3396 Issued to ACCORD ENGIi~EER1NG INC By GRANITE STATE INSUIZANCI<; C4iv1eANX Premium: To ,13c beicr~nined Vile have the right Uo recover our payments from anyone liable for an injury covered by this policy. Vie will not onforcc n~~r right ~gA.irr4t the pPrsnn nr ~rg~nizatinn named in the Schedule. (This agreement applies only to t}~e extent that you perform work under a written contract that requires you to obtain this abreeanent from us.) You must rnainl'ain payroll records uccurabcly segra~aling the remuneration of your amNlayeec while engaged in the work described in the Schedule, The additional prEmium For this endorsemeut sl~all be 5% of the (:alifornia workers' compensation prernltim otherwise due to such remuneration. Schedule P~r~an_~r E1rCani~s~tinn:_ Job Dcscrintinn. The Cifj~ of Ruller~on, its offioel~a, employees, Pro,~ect 1~8. ~G9, and Volunteers. ~'etott Drive Storm Drain WC 04 03 D6 Countersi~ped by ~~a. a~sa~ 0311212007 08:21 7142417233 ACCORD ENGINEERING PAGE 01105 •~ ACC[~AC ENCIIwIEE1~iNr~, INC, ~, EnUironmental Engineering ~ Const.ruction Management facsimile transmittal From; ~~~ ~~, ~ Location: Location; Santa Ana, CA Fax: ~ ~ q, _ -r 3 g -- 3 ~ ~ S Phone; ~ ~ (714) ~4.1-7~OD ~c ~ D ~o Pages 1 of ~ Fax: (714) 24.1-7233 Date; ~'~l Z ~a '~ CC: Reference: I N Sc~~~nl~ GAR t~ f~ C.l47G ^ urg~~t ~r Review ^ Please Comment ^ Please Re ICY ^ Please Recycle Notes: ~~ .~, r~ ~.~~ V1+LR L~ ~.~1~ j ~ ~~-1 S ~ 5 4 L~v~~r~c, ~ ( c~,-~~ Q S~', ~Q ~ Su V~ t~ ~.1 "7~4- ~4/- 7zod x io 1231 E, Dyer Road, Suite 265, Santa Ana, CA 92705 714^x41.7200 (O) 714.241 7233 F () ~'.~2~9 CITY OF FULLERTON AGREEMENT/CONTRACT REQUIREMENT CHECK LISA'" AGREEMENT/CONTRACT WITH; /~ ~iY ir/~ ~,,, AGREEMENT/CONTRACT DESCRIPTION: /J-~~ ~`= S ~~„r COUNCIL APPROVED: ~-~. ~, a2OO7 AGREEMENT/CONTi~ACT TERM: TO ZANCE REQUIREMENTS (CERTIFICATES -ATTACHED ~rGeneral Liability Limit: ~ Expires:~~`rG~~ Workers Compensation Limit: l~ Expires: ~ ~ -/~utomobiie Limit: / h'! Expires: - = 07 Ali Risk Property Limit: Expires: Other: Limit: Expires: Other: Limit: Expires: Other; Limit; Expires; Other: Limit: Expires: Contract Administrator named as contact for notices ~~ All evidence received and approved by Risk Management BONDS REQUIRED (ATTACHED Faithful Performance Labor and Materials Monumentation Payment Tenant Construction Other: Amount: Amount: Amount: Amount: Amount: Amount: No bonds required Contract Administrator named as contact for notices APPROVALS 7~~-/~.w.c.w De~ar~ment Risk Mar~a~er 3 /3~0 7 Date ~~~o. Date Contract Requirement Check List Form Administrative Policy No. 112: Contractual I surance Requirements ~~Z6~ ~ccor~~ ENGINEERING Accord Engineering, Inc. Minutes of February 12, 2007 Special Board of Directors Meeting A special meeting of the Board of Directors of Accord Engineering, Inc. was held at 10 a.m. on February 12, 2007, at the following address: 1231 E. Dyer Road, Ste. 265 Santa Ana, California 92705 The Secretary of Accord Engineering, Inc. called the roll and the following Directors were present: David Kuang Ye Cheng T. Max Pan ...all being Directors of Accord Engineering, Inc. David Kuang Ye Cheng, the Chairman, then outlined the purpose of the meeting was to nominated the following Directors to execute the Teton Drive Storm Drain contract for the City of Fullerton (Project No. 5269): discuss several items that had come to the attention of management, which the Chairman felt required Board consideration. David Kuang Ye Cheng, President T. Max Pan, Vice President The Board unanimously approved the nomination. There being no further business, the meeting of the board of Directors for Accord Engineering, Inc. was then adjourned. Dated: February 12, 2007 " -- T. Max Pan (Secretary) ~`sz~~ w Anginal -Street Maint. Supt. _ f~lice Dept. City Inspector City Engineer Contractor City of Fullerton EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor and sub-contractors or his representatives, shall be filed with the Engineer and the Fullerton Police Department prior to beginning work. Job: Teton Drive Storm Drain Project No. 5269-07 Contractor: ~ Clo ~l7 E~ G l N ~C~ rJ~ , 1 N ~ . Address: l 2 ~ f ~ • D `'(biz. ~vh.~0 , ~ t ~~ 2 (0 5 , ~/k0~-TA 6~IJA Day Phone: ~ i L~ _ 2q I - ~T 2.0 0 Home Phone: Q'd ~ -- lv ~t o ' ~ d g y Job Superintendent: Ad ress: ~ Z 3 l ~ • D `~~ ~ ISO aI~ } Div ~?"Z 2(p ~ ; ~~~'~ ~A Cwt Day Phone: ~ I L~ - 2~ I -- 1 2r~ o ~ ~ , Home Phone: ~ f ~ - ~ ~l 2 5 l rd S Foreman: Address: / 2 31 ~ ~ ~~- I~op.D , ~lT~ Z(o~ ; ~ 7A lk~Nb, Day Phone: ~ 1 ~ - 6} ~j 2 - ~ I ~ ~ C M ) Home Phone: '7r G(- 4 ~j 2 _ y I q l CM ~ City of Fullerton Fullerton Police Department - (714) 738-6700 Street Maintenance Supt. - (714) 738-6897 Engineering Department - (714) 738-6845