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Home My WebLink AboutClarke Contracting Corporation - 1994-09-06C'L EGG, ro CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUdi14GTON BEACH TO: THOSE LISTED HEREON FROM: - - ADMINISTRATIVE SERVICES, Accounting and Records o SUBJECT: S 0 RE TION PAYMENT cc DATE: ,The conformed copy of the Notice of Completion for the above contract has been filed:. The thirty-five (35) day waiting period has elapsed or will elapse before - payment is made. Processing of the/ retention payment is recommended.so long*as no stop notices or outstanding aoices are on file with the City. T. ILLELLA, Director of Finance I certify that no stop notices are offfile on the subject atfl44 time. Date: u. _LES JONEA, Pu is Works Director certify that no stop notices are on file on the subject. contract and that a guaranty bond has been filed. Date:�7 9L _2�Q- ai� 1___� CONNIE BROCKW ,-City Clerk certify that there are no outstanding invoices on file. Date: City Treasurer 0011042.01 03/14/95 12:57 PM I have received the Maintenance Bond for Clarke Contracting Corporation, Warren Lane Parallel Sewer & Banning/Bushard Sewer Rehabilitation Projects; CC-840 & 844. Dated: By: 1/2/ Clarke Contracting Corporation 4646 Manhattan Beach Blvd. Lawndale, CA 90260 MAINTENANCE BOND BOND NO. ,$143-09-68 KNOW ALL MEN BY THESE PRESENTS. That we ' Clarke Contracting Corporation as Principal, and Federal Insurance Company . a Surety corporation organized under the laws of the State of Indiana duly authorized to do business in the State of California as Surety. are held and firmly bound unto City of Huntington Beach as Obligee, in the, Denal sum.of One hundred fifty six thousand eight hundred fifteen and 30/100 ($156, 815. st3) to which payment well and truly .to be made, we do hind ourselves. our and each of our heirs. executors, administrators, successors and assigns, jointly and severally. firmly by these presents. W SEALED with our seals and dated the 28th day of May , 19 96 WHEREAS, the' above bounden Clarke Contracting Corporation did on the 19th day of April , 19 95 , enter into.a contract with the City of Huntington Beach AFPROVLD AS TO FOidi*. for Warren Lane Parallel Sewer GAIL HUTTON CC 8 4 0 CITY ATTORNEY i� By : . and has completed said contract. a uty ty Attorney WHEREAS, the Obligee has accepted or is about to accept the completed contract conch- boned upon the Principal filing a maintenance 'bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Prin- cipal shall remedy any defect in material or workmanship furnished under said contract for a pe- riod of One Yeat from date of acceptance by the Obligee, this bond shall be null and void, other- wise, the same shall remain in full force and effect. Signed, Sealed and Delivered in the presence of: Clarke Co tractin Corporation OHN I . PB>ESIDEIN'r Federal ns rance Company Surety By: A4& Do as A Att rney n Fact t BOND 4661 Printed Is VA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6 28 96 before me, Christine M. Rapp, Notary Public Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared nn„ g l a s A_ Rapp Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and 't9at by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CWTINE M. RAPP Comm.1969193 3 niorAmr PUBLIC fxiFatw► d 222 A40L Orange ftft My Conte+ 6 9.19% •• Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pago Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) Partners) _Attorney -in -Fact Corporate_ Other Officers) Titk(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) F-.a POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, warren, NJ OM59 (908) 580-2000 Know all Men by these` Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California -------------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; I as bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of Contractors in connection with bids, proposals or contracts. In Witneas Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to Its By -Laws, caused "these prseents to be signed by its Vice President and Assistant Secretary and its corporate "seal to be hereto affixed this 10th day of • March 1994 Corporate Seed Kenneth C. W erxiel STATE OF NEW JERSEY 1 as County of Somerset j FEDERAL INSURANCE COMPANY BY _1 f�f ' rt- .lit'c Gerardo G. Mauriz vim President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed .to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the -By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Lows and In deponent's presence. Notarial Seal .ea 16 `rt w Acknowledged and Swom to betas me on the date 07Vw,ritten. — 1.. Q water � - Notary Public J+ MIT A. SCAVOW, Navy r . State of Aisw lera' No. 20,p CO �ioa Expire; 0' "Ober 2, 1"4 . co rwm 1swo1s. rW. *4M GENERAL M4 6M MM uF" ALL-PURPOSE ACKNOWLEDGMENT VA State of California County of Los Angeles On 41v/3/-16 before me, Ann A. Takahashi. Notary Public , DoDate Name, Tide of Officer-e.g. *Jam Doe, Notary Public' personally appeared John J. Clarke , Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to -be the person(A) whose name(z) is/an subscribed to the within instrument and acknowledged to me that he/sbWday executed the same in him authorized capacity(in), and that by his/WaMseir signature(l) on the instrument the person(s), or the entity on behalf of which the person(t) acted, executed the instrument. WITNESS -my hand and official Seal . ANN A. TAICAH115H1 COMM. * 9e1233 , trovoly PublIc - Collfetrtia Signature of Notary �^ LOS ANGEUS COUNTY MY COMMISSION EXPIRES JANUARY 12, 1"7 -- ----- OPTIONAL-------------------��_ Although the information.requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER(S) INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) Laffm GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIMON OF ATTACHED DOCUMENT vxt��,,� , C14-14 .ti-- TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER IS REPRESENTIM: Name of Peraoo(s) of E+aity(Wa) SIGNER(S) OTHER THAN NAMED ABOVE City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Warren Lane Parallel Sewer and Banning Ave. Sewer Lift Station CC 840/844 Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title g:cckashconl I, DECLARATION OF SATISFACTION OF CLAIMS Bob Clarke , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully Warren Lane Parallel Sewer and Banning described in the public works contract entitled Ave- Lift Station and dated 5/29/96 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at Lawndale, CA on this 29th day of May , 1996 A141 /.r 9J_4e__ (Signature of Contractor) g:cc\cashcon2 DECLARATION OF SATISFACTION OF CLAIMS I, Clarke Contracting Corporation , state: Name of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Warren Lane Parallel Sewer & Banning and dated May 8, 1994 . Ave. Sewer Lift Station Projects 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at Lawndale, CA on this 28th day of March , 1996 \-� � � � -John J. Clarke, Pres. to e f Contractor GAL to OD /o O 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 CC 840/844 Warren Lane Parallel Sewer & Banning Ave. Sewer Lift Station Proj. Project No. Title 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 -John-J.-Clarke, Pres. M-Z5le GG Sao, �/ o .A, t& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 26, 1996 Clarke Contracting Corporation 4646 Manhattan Beach Blvd. Lawndale, CA 90260 Enclosed is a Declaration of Satisfaction of Claims and a Certificate of Compliance form which must be returned to this office after the project is completed but prior to the release of retention funds. Please return them to the City of Huntington Beach, City Clerk's Office, Attn: Christine. Cleary, 2000 Main Street, Huntington Beach, CA 92647 Sincerely, e � - x— Connie Brockway, CMC City Clerk CB:cc Enclosure: Declaration of Satisfaction Certificate of Compliance glollowup\cashcon (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 26, 1996 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB:cc Enclosures gAccVnscp11tr (Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to CLARKE CONTRACTING CORPORATION who was the company thereon for doing the following work to -wit: WARREN LANE PARALLEL SEWER PROJECT BETWEEN EDINGER AVENUE AND SISSON DRIVE - CC-840 INTEREST: Easement That said work was completed March 18, 1996 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 Monday, March 18,1996. That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 26th day of March, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, 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 26th day of March, 1996.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gAfollowupVnscplgs GL la GC, (r Lt Recorded in the COL of Orange, California Gary L. Granvill., Clerk/Recorder 111111111111111111III111111 II111111111II IIIIIIIIII No Fee WHEN RECORDED MAIL TO: 508 14003500 14 219960171884 04 ; 30PM 04/08/96 CITY OF HUNTINGTON BEACH N 12 1 0 7.00 0.00 0.00 0.00 0.00 Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to CLARKE CONTRACTING CORPORATION who was the company thereon for doing the following work to -wit: WARREN LANE PARALLEL SEWER PROJECT BETWEEN EDINGER AVENUE AND SISSON DRIVE - CC-840 INTEREST: Easement That said work was completed March 18,1996 by said company according to plans and specifications �P 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 2nj Monday, March 18, 1996. 1L� �F That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 26th day of March,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, 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 26th day of March,1996.. City Clerk and ex-officio Clerk of the City Council of the City�) of Huntington Beach, California gAf0110WUpVnsop1gs 17 ! :_�r-:1Jiit1049 AC A'Ii: 03h?333)° Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig tune oe— Council Meeting Date: March 18, 1996 Department ID Number: PW 96-008 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: Warren Lane Parallel Sewer and Banning/Bush' rrd Sewer Rehabilitation Projects; CC-840 and CC-844. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, EnvironmVtal Status, Attachment(s) Statement of Issue: Clarke Contracting Corporation has completed construction of the Warren Lane Parallel Sewer between Edinger Avenue and Sisson Drive, and at the direction of staff, suspended starting work on the Banning Sewer Lift Station, (two projects under one contract). Funding Source: Not Applicable Recommended Action: 1. Accept the improvements for the Warren Lane Parallel Sewer Project, and authorize the City Clerk to file a Notice of Completion, And 2. Accept various materials ordered for the Banning Sewer Lift Station Project that the contractor had already taken delivery of, (and was unable to return or re -stock) or had specifically fabricated, prior to staffs direction not to construct the sewer lift station. Alternative Action(s): Accept the Warren Lane Sewer Project and direct staff to have the contractor complete construction of the Banning Sewer Lift Station Project per plans and specifications. �- 6 RL-JUEST FOR COUNCIL ACTIUA ' MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: PW 96-008 Analysis: On April 17, 1995, City Council awarded one contract to Clarke Contracting Corporation for construction of two projects, the Warren Lane Parallel Sewer (CC-840) and the Banning/ Bushard Sewer Lift Station (CC-844). The Warren Lane portion of the contract was completed according to the project plans. However, during the construction of the Warren Lane Sewer project, staff learned that the County Sanitation Districts of Orange County (CSDOC) was in the preliminary design phase of replacing their existing 54 inch trunk sewer that bisects the residential development (Tract 7703) that would be served by the new Banning Sewer Lift Station with a 120 inch trunk sewer. Upon learning of this, staff met with CSDOC to try an obtain approval to relay the sewer serving the northerly half of the tract directly into the 54 inch county trunk sewer (typically not allowed). CSDOC agreed that this approach would be far better for the City than constructing and maintaining a new sewer lift station. It was agreed that the City would be allowed to construct a non-standard connection into the existing 54 inch line. Then, during the construction of the new 120 inch line, CSDOC would construct a standard connection in its place when they rebuild the line in 1997/98. Clarke Contracting was already under contract and working on the Warren Lane Sewer Project and ordering various components for the new Banning Sewer Lift Station Project when staff learned of the CSDOC project. Canceling this project and creating a new project to, merely, relay a portion of the sewer within tract 7703, will result in a much more cost effective, entirely gravity flow sewer system that will require substantially less maintenance. Halting the construction of the sewer lift station will result in a payment of $56,339.02 to the contractor for materials that cannot be returned and the City must take delivery of. The materials delivered however, are interchangeable with current hardware in many of the existing 28 sewer lift stations that the City owns and maintains. These materials will be inventoried and rotated into use. The estimated cost to construct a new sewer gravity system in tract 7703 (including anticipated change orders and supplemental expenses) is $161,000. The total cost for the Warren Lane Sewer Project and the Banning Sewer Lift Station Project was estimated at $385,226. However the total cost for the Warren Lane Sewer Project and relaying the sewer in the tract in lieu of building the lift station is estimated at $380,000. Therefore, the total project construction cost will be $5,226 lower by relaying the sewer instead of building the lift station (including buying the lift station parts for $56,339.02). Additionally by not constructing the lift station, the City will save approximately $7,500 a year in energy and maintenance cost, correct several sags in the existing sewer lines, improve sewage flow and reduce odor and gas complaints. 0016695.01 -2- 02/22/96 4:18 PM R_OUEST FOR COUNCIL ACTIuN MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: PW 96-008 The Director of Public Works recommends acceptance of the Warren Lane Sewer project and requests that a Notice of Completion be filed by the City Clerk. Additionally, the Banning Lift Station Project will be redesigned and submitted to City Council at a future date as a new project, to be re -advertised for construction. The following is a summary of the final project costs: Council Approved Actual Expenditures Contract Amount $327,478.00 $205,509.32 Construction Change Orders 32,748.00 7,645.00 Supplementals 25,000.00 5,979.25 Total $385,226.00 $219,133.57 Council approved $385,226 for the construction of the two projects. Actual expenditures amounted to $219,133.57 to complete the work. The $166,092.43 difference will be transferred back to the City Sewer fund. Environmental Status: Not Applicable Attachment(s): Page City Clerk's - Location Map 0016695.01 -3- 02/22/96 4:18 PM i WARREN LANE SEWER LOCATIOl PROJECT LOCATION N NOT TO SCALE (CC-840) PROJECT LOCATION 'SDOC 111 AA AIN BANNING AVENUE SEWER (CC-844) '�• .ff CITY Of HUNTINGTON BEACH LOCATION M A P DEPARTMENT OF PUBLIC WORKS NMBNLOC ATTACHMENT NO. 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works Engineering SUBJECT: Warren Lane Parallel Sewer and Banning Avenue Rehabilitation Projects; CC-840/844 COUNCIL MEETING DATE: March 18, 1996 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance Approved by the City Attorney Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: 0 6 e�L60O, i�o CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or CALIFORNIA STREET MAINTENANCE, INC. Reputed Construction Lender, it any (name and address of person or firm —sender) 1918 W. 169th Street Gardena, CA 90247 has furnished or will furnish labor, services, equipment or materials of the following general description: STREET SWEEPING (general description of the labor, services, equipment or materials furnished or to be furnished) Lfor the building, structure or other work of improvement located at: J#950296 Invoice #20070 & 420097 (address or description of job site sufficient for Idenbbcabon) Warren/Edinger FOLD HERE Huntington Beach The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials: CLARKE CONTRACTING CORPORATION NOTICE TO PROPERTY OWNER It bills are not paid In full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your prop - Owner or PUBLIC AGENCY arty being so Improved may be placed against the property even though or Reputed Owner (On public work) you have paid your contractor In full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a (on private work) signed release by the parson or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement• to pay supplemental fringe benefits into an CITY OF HUNTINGTON BEACH express, trust fund (described in Civil Code §3111). said fund is iden- tified as follows: (strike if inapplicable) 2000 Main Street Huntington Beach, CA 92648 L J# 95-296 J (name) (address) FOLD HERE (name) (address) (narnel (aorxeul ORIGINAL CONTRACTOR or 9/ 20/ 95 Reputed Contractor Malted this date: X.,.,L I-dL-- Ar-mTinting Manager 11ignalure) (title) rAn estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: CLARKE CONTRACTING CORPORATION s 1,440.00 Invoice #20070 & #20097 4646 Manhattan Beach Blvd. Lawndale, CA 90260 L J DECLARATION OF, SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance With §3097.1(c) and 3098, California Civil Code. KIEN SIEN, ACCOUNTING MANAGER, CATIFORNTA STRFTT MAINTETl(IFy ITC. declare: On file 20th day of Wednesday. September 19--95, at 10: 30 _a .m., Declarant served the CALIFORNIA PRELIMINARY 20-DAY NUTICE on the interested parties as futiows: (Check'applicable box.) ❑ By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at , addressed as follows: 0 By delivering a true copy thereof to the parties listed below: 1) CITY OF HUNTINGTON BEACH 2) CLARKE CONTRACTING i 0 By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses delivered are listed below: (not to be used on public works) I declare under penalty of perjury that the foregoing is true and correct. Executed on September 20 , 1995, at 1918 W. 169th street lard nal rA 90247 Declarant wnl r.nnc rnnll lam RW. 1.8111 (nitre nu<s a.aPi u)i4Al wni rntts lNr, IPI FASF NOTE REVERSE MET OCTOBER 25, 1994 C C-840 AND 844 WARREN LANE AND BANNING/SEWER PROJECTS BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. A. W. Davies 2. Anro Construction 3. B. Kemp Baker 4. Beard Electric 5. CSVCO 6. Clarke Contracting Corporation 3� 7 7. Colich and Sons 8. E. V. Salgado, Inc. 9. Essco Pumps 10. Flo Systems 11. Inland Concrete Enterprises 12. International Fabricators and En 'neers 13. Jan Earnest Enterprises, Inc. 3 7&20, 14. Jana Contractors 3514 15. John T. Malloy, Inc. 16. KEG Company 17. Ken Thompson / 7 Page one OCTOBER 25, 1994 BID LIST; CC-840, 844 Page Two 18. Marden-Susco I9. Mike Pncch and Sons oL 3 3 q 20. Mira Montes Construction 0 / r1 21. Mladen-Buntich 3 32 02 22. Nationwide Construction 23. Precon Products 24. R and L Sewers 25. S S Mechanical 26. Savala Construction 27. Simich-Masanovich Q p 28. Southern California Underground 3 7IEs 29. WesCon Electric 1A h r Receiv^a by ate •Z OCTOBER 25, 1994 CC-840 AND 844 WARREN LANE AND BANNING/SEWER. PROJECTS BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. A. W. Davies 2. Anro Construction 3. B. Kemp Baker 4. Beard Electric 5. CSVCO 6. Clarke Contracting Corporation 7. Colich and Sons 8. E. V. Sal ado, Inc. 9. Essco Pumps 10. Flo Systems 11. Inland Concrete Enterprises 12. International Fabricators and Engineers 13. Jan Earnest Enterprises, Inc. 3 %4,20 , 14. Jana Contractors 15.. John T. Malloy, Inc. 16. KEG Company 17. Ken Thompson 1 7 i Page one OCTOBER 25, 1994 BID LIST; CC-840, 844 Page Two 18. Marden-Susco 19. Mike Pncch and Sons q0 3 3 20. Mira Montes Construction 21. Maaden-Buntich 3 32, � 22. Nationwide Construction 23. Precon Products 24. R and L Sewers 25. S S Mechanical 26. Savala Construction 27. Simich-Masanovich Q p , 28. Southern California Underground -7-Ti 29. WesCon Electric '-I CHUBP GROUP OF INSURANr'1=_ COMPANIES h . GM1.JB�3 I", t\1n1!Ill:1l!1 V14"J✓ f? 1. I' (l lz(" JG11) Wa!len. lI .. Ir•! ;' n !uil FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, Clarke Contracting Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 12 day of October A. D. nineteen hundred and 94 WHEREAS, the Principal has submitted a bid, dated October 25 r 1994 for Warren Lane Parallel Sewer (CC-840) Banning Avenue Sewer Lift Station (CC-844) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Clarke Contractinq Corporation Principal By. JOHN J. CLARKE PRESIDENT FEDERAL INSURANCE COMPANY By: 04U4 0. �w DougAs A. Rap Atto ey in Fact PRIN��TED Form 15-02-DD02 (Rev. 4-90) .4705 f20M) uS.A. ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On lo/12/94 before me, Christine M. Rapp, Notary Public Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared Douglas A. Rapp Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTINE M. RAPP Comm. # 969193 NOTARY PUBLIC . CALIFORNIA r Orange 31 ILMy County Comm. Expires Jul. 9.1996 'A Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Surety Bond Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Partner(s) x Attorney -in -Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ OM59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to•wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified 16 such Bond or Undertaking. 2- Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. S Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has,- pursuant to Ats By -Laws, caused these presents to be signed by its. Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of - March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY I ss. County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by_ me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal o Acknowledged and Sworn to before me on the date above written. t J Notary Public ' 4MMA. SCAYO M . StAts of 14W Jer yr Mo. 20.505520 Cce+�istlaa EXPirss 00,61z 2.1994 PR 0 (Rev. 1S40-M34 (R�W93) GENERAL M•55627 (500) u A, CALIFORNIA ALL-PURPOSE ACKNOWUDGMENT State of California County of Los Angeles On /()1/ R before me, Ann A. Takahashi, Notary Public , —I Da Name, Title of Ofiicere.g."Jane Doe, Notary Public" personally appeared John J. Clarke , Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ANN A. TAKAHASHI iACOMM. #981233 y Notary Public - California MC LOS ANGELES COUNTY V[ Signature of Notary MY COMMISSION EXPIRES JANUARY 12, 1997 OPTIONAL Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER / DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL �_ L.�'6�^->,t " WAAA-t""' X CORPORATE OFFICER 4tt,, � 4- President Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(its) Clarke Contracting Corporation TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE Bond No. Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND BID BOND KNOW ALL MEN BY THESE PRESENTS: BALUMORE, MD 21203 That we, -------- Mladea__Buntich__—C-o-nstriuctiszn_-COmpa y------Inc---------------------------------------------------- , as Principal, (hereinafter called the "Principal"), and the FIDELTTY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto____H1ntngtQn__BeachDepartment__—of_— Public Works ________________ Obligee, (hereinafter called the "Obligee"), in the sum of ----- T.-eA__.P_Qxueat---S) L__TS? is l_.�►IriQ11 --$ a ---------------------Dollars ($_-10 $------------------ ---- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ______yWar--r-gn--- --- Sewp—r--- bt----Li. t--- NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this --------------- 2.4t-h----------------------------- day of-------!2-t411er----------------------------- A.D;, 19._94 Mladen Buntich _r-nnstrue--tinn__-CC=PaMy-,_,. Inc Principal ----------------------------------------------------------------------------------- Witness ----------- ------------- ------------------------- 7- ------ Mladen Buntich, PresidentTitle FIDELITY AND DEPO T COM ANA YLAND �:" rQtY S 1-4 ------------------------------------------------------------------------------------- By ------ -- • ----- t' --- -- -- ------- — Witness C. Michael Henley, Title C325f—SOM, 7-92 236374 Conforms to American Institute of Architects Document A-310, A t o r n e y— i n —Fact - February 1970 Edition. - " Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MID KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be infI,force and e � t on the date hereof, does hereby nominate, constitute and appoint C. Michael Henley of Los es, C rnia........... _ v Its true and lawful agent and Attorney -in -Fact, to make, ea any and all bonds and undertakings.. and on its behalf as surety, and as its act and deed: n e execution of such bonds or undertakings ' v W anee of resents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if the a been dull ex ted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md.Vley, own p eons.This power of attorney revokes that issued on behalf of C. Michae° March 20, 1974. The said Assistant Secretary does hereb Section 2, of the By -Laws of said Com IN WITNESS WHEREOF, the said j{t, e Corporate Seal oI �July ATTEST: STATE OF MARYLA.VD CITY OF BALTIMORE (391 that tl>~��elctrdct set forth on the reverse side hereof is a true copy of Article VI, is no orce. tant Secretary have hereunto subscribed their names and affixed the MARYLAND, this 3rd � .—.day of ,NY OF MARYLAND By...................... Vice -President On this 3rd day of July , A.D. 19 89, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged.the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. �; wor��rif Notary Public Commise' n pires July 1, 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Powdof Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2 d t h day of QntnhPr , 19�.4 012— 4874 Asdatant Secretary Boml No... NA ..... ........... ....... Fidelity and Deposit Company rru.vr: OFFICE* OF MARYLAND rrar.rr.uurrr:, .urn. 2120J BID BOND KNOW ALL NILN BY Tll1:Sr: PItt:SI:N'I'S: That we........Souther..n..C.d1..i fQ.r..n%a.. UnderSC'Q4!nd...C.Q!?.t►"aet4rs.....iu................................................ ................................. _ ........................ ......... ............, as Principal. (hereinafter called the "Principal"), and Ills• 1' lltl.L1I % .\\I1 1 4.1'11•,11 t OMPANV uF NIARYLAND, of Baltimore, Maryland, a corporation duly Organized under the laws of the Stale of Maryland. as Surety, (hereinafter called the "Surety"), are held and firmly bound unto......Q ttY..Q.f....HtslntiPgton... each............................................................................................................................ ........................................................................................................................................................................................... ..................................................................................................................as Obligee, (hereinafter called the "Obligee"), in the sum of ... Ten ... Per..cen.t..of...the..Amount ... of....the...Bid....................................Dollars ($.... Ja%................. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WIIERE'AS, the Principal has submitted a bid for ...... W .r..ren..hane... Parallel ... $.ewer:.&..Balnn.i.ng........ Ave Sewer Lift Station .................................................................................................................................................................................................. NOW, TIII:REFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the teens of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount. for which the Obligee may in good faith contract with another party to perform the cork covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and scaled this................2.5th .. ...................... day of ........ OCtOb................................ A.D. 1934... ........................................................................................... Witness uthern California Underground �... trdctorS.,.I nc .......... ................................(SEAL) Prill pa B . FIDELITY AND DEPOSIT COMPANY OF hi Stir ............................................................................................. R .... y. e0 ............... Witness Mark E.Shreck n ast Attorney in a RYLAND Tille .... (SEAL) t'32 id—ISO\1. Approved by The American loslitole of .%rrbiterte. A.I.A. 1lmotowot Nu, A-310 Pvinomy 1-170 I-dilloo. 4 a � � a / L • \ � 1� � r 1/ � \r STATE OF CALIFORNIA ) ) S.S. COUNTY OF Los Angeles ) On October 25,1994 before me, Patricia A. Dolan , personally appeared ..X_ personally known to me; or proved to me on the basis of satisfactory evidence to be the person(j) whose name(d) is/alrA( subscribed to the within instrument and acknowledged to me that he/xh**dabtwA executed the same in his/bx=A tkxxt►x authorized capacity (I)m) , and that by his/kx-=XY wir signature(%) on the instrument the person(s) or the entity upon behalf of which the person(a) acted, executed the instrument. OFFICIAL SEAL WITNESS my hand and official seal. PATRICIA A. DOLAN ( SEAL) NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY My Commission Expires Feb 8 1995 4cgrrnlature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) x Attorney -in -Fact Trustee(s) Guardian/Conservator Other: and and Limited General Signer is representing: Surety ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE wp/c:\fomu\acknowlg(rcv 12/92) wp/aAform\acknowlg(rcv 12/92) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Mark E. Shreckengast of Los Angeles, California.......................................................... its true and lawful agent and Attorney -in -Fact, to make, execute, seal and for, and0;�Wehalf as surety, and as its act and deed: any and all bonds and undertakings......... .... .......... 0 An t e execution of such bonds or undertakings in pursuance o presents as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly exe d ackno by the regularly elected officers of the Company at its office in Baltimore, Md., in theif own proper persons o s pow attorney revokes that issued on behalf of Mark E. Shreckengast, date ,, tober ,�D993. The said Assistant Secretary does hereby certify that thct set fo a reverse side hereof is a true copy of Article VI, Section 2, of the By Laws of said Company, and is now in o IN WITNESS WHEREOF, the said Vice-Presidec'r�tary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEP PANY YLAND, this ---------------- 8 th____-__________________-____________day of ___________ September-------, A.D. 19.94_ •d,, FIDELITY EPOSIMPANY OF MARYLAND ATTEST SEAL 3 0 Assistant Secre By Nice- resident STATE OF MARYLAND COUNTY OF BALTIMORE SS: On this_—$th------ day of_____September____, A.D. 19-14, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rueuc -------------------- ---------- - = - -------------- --------- CAROL J. FAD R Notary Public My Commission Expires____/_____________ Au ggst_1,-1996__-_--___--_ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _25-tb__ day of_ ----- OCtob21" ---------- 19.94_. -------------------------- - --------- --- - --- -- - - - ------------------- Assistant Secretary L1428c-012-774 7 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRES:1`1TS: That We, JANA CONTRACTING G^RPORATION (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA CITY OF HUNTINGTON. BEACH as Surety, are held and firmly bound unto (hereinafter called the Obligee) in the Just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ----------------- Dollars ($ 10% OF BID------) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the "WARREN LANE PARALLEL SEWER AND BANNING AVENUE SEWER LIFT STATION, CASH CONTRACT #840844" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for e completion of said work as required by law, then this obligation to be null and void; otherwise to be and ain in full force and effect. SS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed 21ST day of OCTOBER 19 94 JANA CONTRACTING CORPORATION By- STATE OF ` CALIFORNIA ORANGE COUNTY OF On_ OCTOBER 21, 1994 PERSONALLY APPEARED , before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signa SS. J. JOHNSTON MICHAEL A. QUIGLEY OPTIONAL = J.JOHNSTON COMM. #1007524 > Noiary Public California :5 ORANGE COUNTY My Commission Exp. 10/22/9, This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR' ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ' I J Power of Attorney WASHINGTON INTERNATIONAL INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint JENNIFER JOHNSTON, MICHAEL A. QUIGLEY. SHAWN BLUME AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate, bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOF, the Washi A' al Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 27th c��$it t q� �c.0. •••........� u 0 ';G' �p W ON T RNATIONAL INSURANCE COMPANY CCRPCPATE : e� SEAL C ARE%G?'A ;'ti^�,`-Steve rson, Vice —President �. STATE OF ILLINOIS)"•ram '••..,..•"`, �' �`� COUNTY OF COOIQ Q _ .�nj On this 27th day of September, 1994. before me came the individual who executed the preceding instrument, to me personally known, and, being by me dt sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONiWIjQEQE lbare Fre�pA%ef r`e hand anrc ixe my Official Seal. the day and year first above written. Lj "CFrIC'AL SEAL" l Vl►ti.l , U. t• =tat= ct Ill.no:s 'tine Zaretsky, N ary P blic } My C:ijjn t:.on 'Exp ies 10-7-96 � My Commission Expi s Oc ber 7, 196 0ER11MXTr STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation,' DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III. Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated the 21ST da %6f OCTOBPR / 1994 Lewis M. Moeller, Secretary SAFECO BID BOND Approved by The American Institute of Architects, "A. Document No. A-310 (Feb. 1970 Edition) S. .A INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 KNOW ALL BYTHESE PRESENTS, That we, Simich—Masanovich, A Joint Venture as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid in------------------ Dollars (S 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Warren Lane Parallel Sewer CC-840 (Warren Lane from Edinger Avenue to Sisson Drive) and CC-844 Banning Avenue Sewer Lift Station (Banning Avenue from Bushard Street to Marblehead NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such laiger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of October 19 94 Witness Witness Simich—Masanovich, A Joint VPn tnrP (Seal) Principal Title SAF O INS CE COMP F AMERICA Harriet Lambell Attorney -in -Fact CALWORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On October 19, 1994 before me, Margaret Bradt Notary Public Date personally appeared Harriet Lambell Name of Signer(s) Rlpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personfe} whose name(-&j is/-&rc subscribed to the within instrument and acknowledged to me that *rc/she/may executed the same in **a/her/bheir authorized capacity (ie-&) , and that by h+¢/her/t+m+r �I�IWIIuI',Ill,nl::niutll;ni,isNlillllllililillll'1I111:1IIIII!Illil!IIIiIdllllllllliliultlilllllllllllllllllllltll1Rt11M11100lIi311A signature(--) on the instrument the person( -"or the OFFICIAL SEAL entity upon behalf of which the -persontst acted, MARGAR.T BRADT �• executed the instrument. NOTARY FUELIC • CALIFORNIA `s FRINCiFAL OFFICE IN LOS ANGELES COUNTY WITNESS my hand and official seal. thy Commission Expires April 22,1995 UIIIIIIIIIIIIII'illlilllllu:,il;li:IIIIIIII:II:IIItIII:ItIlllllll;Illllllllllllillllllllillli:Illilllli:ilL'illilitWllllllllll'wLII:IJIIIIIW �� Signatur Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNERS(S) ❑ LIMITED ❑ GENERAL 'I ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:INGTSAFECO PLAZA wc��//��a//�� SEATTLE, WASHINGTON 98185 SAFE-00® No. 9588 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY. OF AMERICA, a Washington corporation, does hereby appoint ******************************HARRIET LAMBELL, Pasadena, Callfornla***"*********************** its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds'or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 9 t h CERTIFICATE day of March Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: 1993 . 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a . facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect,. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of October . 19 94 5-1300IEP 1193 0 Registered trademark of SAFECO Corporation.' 7 1 CNA INSURANCE COMPANIES CNA Plaza, Chicago, Minds 60685 Bond No.: 124333021 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we Jan Earnest Enterprises, Inc. Principal, and American Casualty Company of Reading, PA , Surety, are held and firmly bound unto City of Huntington Beach , Obligee, in the sum of Ten Percent of Bid Amount ------------------------------------------------------------------ --------------------------------------------------------------------------------------------------------------------------------------- Dollars ($ 10%) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to: submit a proposal to Obligee on a contract for 10" VCP Sewer Main and Sewer Lift Station at Warren Lane Parallel Sewer for CC-840 Banning Ave. Sewer Lift Station CC-844 Bid Date: 10/25/94 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated G-23054C CNA ForAll the Commitments You Make' 10/19/94 Stephen A. Drake, Attorney -in -fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/19/94 Date personally appeared CNA FwAn the commicmmblGw Male• before me, Grace P. Ancheta, Notary Public NAME, TITLE OF OFFICER., •JANE DOE, NOTARY PUBLIC" Stephen A. Drake NAME(S) OF SIGNER(S) (-a-) personally known to me — OR — (-_) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am)subscribed to the within instrument and acknowledged to me that he/shni ey executed the same in his/herAttwir authorized capacity(iewxand that by his/j0.V kjkiZ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(W acted, executed the instrument. OFFICIAL SEAL W TNESS my hi and official seal. Grace P. Ancheta k=1 E • 4�! NC,'TA;I..Y PUBLIC -CA LiFORNIA PPlNClPAL OFFICE IN ORANGE COUNTJ19945 SIGNATURE OF NOTARY V i?rnmr: ;n ; Nres 1Nly 88 '� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (_) INDIVIDUAL (—) CORPORATE OFFICER TITLE(S) (_) PARTNER(S) (—) LIMITED (—) GENERAL (_) ATTORNEY -IN -FACT (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (_) OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) G-107426•B DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES 10/19/94 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Ameriep,n Casualty Company of Reading, Pennsylvania C/VA For All the Commitments You Make Offices/Chicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Stephen A. Drake, Individually of Brea, California its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute In its behalf bonds, undertakings and other obligatory instruments of similar nature - In Llnlimited Amounts - and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company: "Article VI —Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993: "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PFS�I RYLVANIA has caused these presents to be signed by its Group Vice President and its corporate seal to be hereto affixed this uu day of March , 19JA AMERICAN CASUALTY NY OF READING, PENNSYLVANIA State of Illinois 11 ss County of Cook J AXY , !MT Vonnahme Group Vice President. On this 30th day of March 19--U, before me personally came M. C. Vonnahme, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Downers Grove, State of Illinois; that he is a Group Vice President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described in the which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. QrC. D a J NOTARY PUBLIC c°ok Co.. Lin a C. Dempsey No ry Public. CERTIFICATEMy Commission Expires Octob , 19 9-It 1, Robert E. Ayo, Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do certify at t e Power of Attorney herein above set forth is still in force, and further certify that Section 2 of the Article VI of the By -Laws of the C p ny and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereun subscribed my name and affixed the seal of the said Company this-__ 190 day of October 19 94 7" L, -' Robert yo ssistant Secretary. rnr r, ,wz -57422•D 8-23142-D`��t`'' INV. NO. G { MERCHANTS BONDING COMPANY DES MOINES, IOWA Proposal Bond. KNOW ALL MEN BY THESE PRESENTS, Bond no. 0720 That we Miramontes Construction Co., Inc. as Principal, and the MERCHANTS BONDING COMPANY , a corporation under the laws of the State Iowa -, authorized to transact business in the State of CA, as Surety are held and firmly bound unto:- City of Huntington Beach (hereinafter called the obligee) in the full and just sum of TER PERCENT OF THE A14OUNT OF THE BID (10,L) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Warren Lane Parallel._Sewer and Banning Ave. Sewer Lift Station NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Signed and Sealed this 19th day of October , 19 94 . Nlramontes Construction Co Inc Principal B ti Merc ants Bonding Company .... By Matthew . *Dobyns Attorney -in -tact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 10/25/94 before me, _ DATE personally appeared E1co Miramontes Yvette C Morales, Notary Public NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - No. 5907 NAMES) OF SIGNERS) [9 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their CA' vetteC-Morales3 signature(s) on the instrument the person(s), omm. #974806 Q RYPUBLIC-CALIFORNI6 or the entity upon behalf of which the LOS ANGELES COUNTY l7 Comm. Expires at.4,,9ss person(s) acted, executed the instrument. WITNESS my hand and �official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Miramontes Const. Co.,Inc. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 2/95/94 DATE OF DOCUMENT Merchants Bonding Company SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On 10-19-94 before me, Mary P. Martignoni- Motary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC - personally appeared Matthew R. Dobyns NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose nameM ism subscribed to the within instrument and ac- knowledged to me that he/skeftb= executed Mary=CALWORNIA6 oni3 the same in his authorized Ccapacity( }, and that by his/tentlkeix NOTARRNtAn signature() on the instrument the person(), My Com.1995� or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Merchants Bonding Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 5230 920y3 LF.SRON INSURANCE AGY INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of lowa, and. having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint >LES MANTLE**MATTHEW R. DOBYNS<<< >>>«< »>«< or FULLERTON and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS ($1,0001000.00) <<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual). and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual} ARTICLE 2. SECTION S. — The Chairmen of the Board or President or any Vie President or Secretary shall have power and authority to appoint Attorney -le -Fact. and to authorize them to execute on behalf of the Company, and Mach the seal of the Company thereto, bonds and undertakings, recognizanoes, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the sxecution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY m(Mutual) hps caused these prs�ertts to be signed by its Vice viand Preside, and its corporate seal to be hereto affixed, this loth day of dune A.D. 4 AtP�y STATE OF IOWA COUNTY OF POLK u. MERCHANTS BONDING COMPANY (Mutual) ••`��tihu �iij7 • BY off On this 25th day of August 19 93 , before me appeared M.I. Lang and W.G. Brundage, to me personally known, who being by me duly sworn did say that they are Vice President and Secretery/Treasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof. I have hereunto set my hand and affixed my Official Seal. at the City of Des Moines, Iowa the day and year first above written. mt;� 64� NOWY PvOfo. Polk CarttY, kom MY Ceram-si- E+pk•s 11.4-95 STATE OF IOWA COUNTY OF POLK i, M.J. long, Vice Presiders of the MERCHANTS BONDING COMPANY (Mutual), do herabycsrtily that Vv above and foregoing is a true and correct Dopy of the POWER OF ATTORNEY, rotated by said Mlf;p01TbSQgIDING COMPANY (Mutual), which is still in force and effect. •��"• P "•,. In Witress Whereof, I have hereunto set my hand and affixed the seal of to Company, at F'ullertd$,•' j l� -A. fait 19th day of October 19.94 19 l This power of attorney expires December 31,1995. •. sip �� • • •. MB 96 Bond No. Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ...... MIKE_ PRLICH & SONS ------------------------------------------------------------------------------------------------------------------------------- as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto ------- —CITY _ O_F__ HUNTINGTON BEACH ---- - —--------------- ----------------------- -------------- -------------- -------- --- ------ ------as Obligee, (hereinafter called the "Obligee"), in the sum of_ Ten Percent -of Total - Amount _Bid ------------------- - ___-Dollars ($_10�____ _____—__________), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for_______Warren_—Lane Parallel Sewer, Banning Avenue Sewer Lift Station NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the. penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ---------------- 19th-----------------------------day of_____________ October -------------- —A.D., 19... 94 4 -- --- - :� - - ---------------------------------- Witness FIDELITY AND Witness C325f-50M. 7.92 236370 Conforms to American Institute of Architects Document A-310, February 1970 Edition. Mike_—Prlich & Sons ____--____-(SEAL) — ---------------------------- Principal ------------- -- - -- -�--- ------ - ---------------- Mike r1ic rartn lute w '-1 SAFECO QD BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, KEN THOMPSON, I NC. -CO INSURANCE COMPANY OF AMERICA t rNERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE. WASHINGTON 98195 6683974 as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN ----------- (S --- 10% --- ), for the payment of which sum well and truly to be made, the said Principal and the said bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. S, the Principal has submitted a bid for CC-840 WARREN LANE PARALLEL SEWER/CC-844 1 G AVENUE SEWER LIFT STATION OWNER: OCTOBER 25. 1994 EREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or ocuments with good and sufficient surety for the faithful performance of such Contract and for the prompt +labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter t and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty n the amount specified in said bid and such larger amount for which the Obligee may in good faith contract party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain ind effect. led this 20TH day of OCTOBER , 19 94 .Y-' KEN THOMPSON, INC. (Seal) Principal Witness Lvp Title Witness SAFECO INSURANCE COMPANY OF AMERICA B ,> a IT�K. CUNNINGHAM ttorney y-ikpact_ ® Registered tredemer$ "_SAFECO CarpwM _.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On 1012 0M Lfbefore me, MECHELLE HUA Notary Public Date personally appeared JUDITH K. CUNNINGHAM Name of Signer(s) impersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same ' in his/her/their • - - authorized capacity(ies), and that by his/her/their ti MECHELLE HUA �� signature(s) on the instrument the person(s)or the �I COMM. #�1033917 f~ entity upon behalf of which the person(s) acted, o ��oexecuted the instrument. NOTARY PUBLIC•CAL1fORNIA ORANGE COUNTY N4 j, MY COMGIISSION EXPIRES JULY 31, 1998 Il WITNESS my hand and official seal. Signature of otary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTTLE(S) ❑ PARTNERS(S) ❑ LIMITED ❑ GENERAL 50,1q,TTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IBS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER .AFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA w® SEATTLE, WASHINGTON 98195 M� CM No. 9223 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporat'loM does each hereby appoint ■"'�a'"""""'�"""""""elf"""""""'�"""JUDITH K. CUNNINGHAM, Santa Ana, California's""**141*1411114111**14KN*11I)i its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 22nd CERTIFICATE ' day of January , 1993 . DAN D. NcLEAN PRESZENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be .impressed or affixed or in any other mariner reproduced; provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof,' 1, R A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 20TH day of OCTOBER 19 9 . �. COPP'PATE l S-9741EP 1193 ® Registered trademark of SAFECO Corporation. Tt`r J SECTION C PROPOSAL for CC- 840 WARREN LANE PARALLEL SEWER (WARREN LANE FROM EDINGER AVENUE TO SISSON DRIVE) and CC-844 BANNING AVENUE SEWER LIFT STATION (BANNING AVENUE FROM BUSHARD STREET TO MARBLEHEAD LANE) in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 120 working days including parts, equipment and pipe delievery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. C-1 i r tln the case of discrepancies ,n the amounts bid, unit prices shall govuln over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10 0 of Bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE 'Item stimated ft�emwith unit price : n e No. Quantity written in words Unit Price `` Amount Warren. Lane CC-840 1 1156 Const. 10" VCP sewer main & appurtenances per Standards lin ft @ n � he :rS a.vt,d Dollars `� $ 90'� $ I °T ►U, S Cents Per lin ft 2 4 Const. sewer manhole per Standards each @ fwenh - S e~ kw�dr,a Dollars $ 9t4 loo ` - $ ld boo 0a Q ey i lg Cents Per each 3 1 Const. sewer clean -out per Standards each @ St)( kuwday,d cv,A Dollars $ (04-S0- $ WIs' Z,e r n Cents Per each 4 16 Connect ex. sewer lateral to 10" VCP each @ Avo iww Brea and r; f li Dollars $ a 5D A $ p00 Z -6- D Cents Per each 5 2 Reconstruct ex. M,H. floor and connect 10" VCP each @ E iak p kvncioej AKA -j x Dollars $ $so 7 $ Cents Per each 6 1 lump sum Control of traffic per specifications and plans r iZ (, @ Fou r -�'�, 5 a ► Dollars po00- $ _ /Y don $ Ze r� Cents Per lump sum 7 1 Bracing ofExcavation per specifications lump sum @ / �rf/�° 7k c Sand Dollars $ oo d $ .r,00p oa Zero Cents Per lump sum 8 1 Remove interfering sections of ex. 8" sewer lump sum @ Foo 10 Ay&A Dollars $ Y06°% 00 $ ca Z e✓ o. Cents Per lump sum 9 1 Mobilization & demobilization ment and ma als po 00 lump sum @ r ce�.� Zk4awzDollars $ $ d- Od Cents Per lump sum C-1s PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 10 16 each Plug remaining/sewer lateral to ex. 8" VCP @ ; l�r t/ Dollars $ 0 � $ $ oo �— z er D Cents Per each 11 2 each Remove ex. steel steps and coat interior of M.H. per Standards @ 4wc, 4kos., ei Dollars 00 $ Z po D r 00 $ 40600 Ze r D Cents Per each 12 NOT USED @ /L1A`%A Dollars $ $ Cents Per 13 NOT USED a Dollars Cents Per $ $ 14 NOT USED @ Dollars $ $ Cents Per Warren Lane (CC-840) Total Amount Bid in Figures: $ C-2s PROJECT BID SCHEDULE . ,I Item Estimated Item with unit price_xtended No. Quantity written in words Unit Price Amount Banning Avenue CC-844 l 1 lump sum Const. complete lift station per specifications and plans @ 0,,/ �y1 d `, Dollars Fvz % $ /yT $ 7 X Aar t2 MOR CEN73 Cents Per lump sum 2 200 lin ft Const. 4" PVC forr�cee�main & appurtenances per Standards @ ��. Dollars $ 67 �+ $ c Cents Per lin ft 3 6 Const. 6" PVC force main & appurtenances per Standards lin ft � ,/ @ 0*'_ Cr�c�Vi� Dollars o� $ �00 o $ (0p0-..,0 Cents Per hn ft 4 230 lin ft Abandon ex. sewer with 1 sack slurry @ ri;4/ n Dollars DID $ 00 $ O Cents Per lin ft 5 1 each Abandon ex. manhole @ f �f ° Dollars $ 'q� . $ ` Cents Per each 6 1 each Reconstruct ex. M.H.,floo�r/& connect new 8" VCP @ tip'", Dollars $ boo' p $ oo_� lid lid Cents Per each 7 1 each Reconstruct ex. M.H. floor & plug ex. 8" VCP @ f Dollars 00 $ &M 0� $ 8O0 , ND Cents Per each 8 310 sq ft Const. sidewalk per standards (match ex.) @ 'u'� Dollars C $ 7 '� / Gp $ / 550 - N) Cents Per sq ft 9 25 lin ft Const. 8" curb & guttel per standards (match ex.) @ _�� Dollars i $ � f $ 50 .. 7 A) Cents Per lin ft C-3s PROJECT BID SCHEDULE y I ter No. Estimated Quantity tem wit unit price written in words Unit Price Extended Amount 10 1 Mobilization & demobilizat'onJof equipment and aterials lump sum @ )t, Dollars $ $ �7r 22O lk� Cents Per lump sum 11 1 lump sum Control of traffic per specifications and plans /L @ Dollars vo $ ��DO $ /50 Nd Cents Per lump sum 12 1 lump sum Bracing of Excavation per specifications @ /a�'1 / u S %i Dollars $ ri�0 /Uy Cents Per lump sum 13 1 each Remove ex. steel steps and coat interior of M.H. per Standards @ T_1i- V 9p Dollars 00 $ V00 $ Zr C0 Cents Per each 14 5 lin ft Const. 8" VCP sewer main & appurtenances per Standards @ t��tl� /�f ,n Dollars 00 $ Leo' ova 500 $ /� O Cents Per lin ft 15 1 lump sum Relocate ex. S.C.E. C.I.C. in sidewalk per S.C.E. requirements @ �tvli1t,C. Dollars o $ 060 s $ ��DO N� Cents Per lump sum 16 NOT USED @ Dollars $ $ Cents Per 17 NOT USED @ Dollars $ $ Cents Per 11 Banning Avenue (CC- 844) Total Amount Bid in Figures: $ / 7 ,V, -7/ 3 11 Total Amount Bid in Figures: $ 32C Total Amount Bid in Words: C-4s ' LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o Work Number SC, IMWOR ,. , By submission of this proposal, the Bidder certifies: 1. That the Contractor is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 ' NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of QMW Los Angeles John J. Clarke , being first duly sworn, deposes and says that he or she is President of Clarke Contracting Corp. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ANN A. TAKAHASHI {,` r� IL " y COMM. * 981233 > IL a e `,_ . Notary Public - Colifomio R7 \:::* LOS ANGELES COUNTY MY COMMISSIO_NE X EXPJANUARY 12, 1997 Clarke Contracting Corporation Name of Bidder \4\ � � -John J. Clarke, Pres. Signatur o 1 r 4646 Manhatt n Beach Blvd. Lawndale, CA 90260 Address of Bidder Subscribed and sworn to before me this 13 day of Q C,-t , 199 NOTARY PUBLIC NOTARY SEAL C-4 ' UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WARREN LANE and BANNING AVENUE SEWER PROJECTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Oct. 13, 1994 Clarke Contracting Corporation Contractor \�\ \\ , -John J. Clarke By Title President C-5 DISQuALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE y a f Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Oct. 13, 1994 Clarke Contracting Corporation Contractor % � k � -John J. Clarke By Title President C-7 UNjjERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Clarke Contracting Corporation Bidder Name 4646 Manhattan Beach Blvd. Business Address lawndale, CA 90260 City, State Zip ( 310 ) 542-7724 Telephone Number 325884 A, B & Haz. State Contractor's License No. and Class Sept. 28, 1976 Original Date Issued Dec. 31, 1994 Expiration Date The work site was inspected by John J. Clarkeof our office on Oct. 14, , 199 4. and Bob Clarke The following are persons, firms, and corporations having a principal interest in this proposal: John J. Clarke, Pres. Michael S. Clarke, Asst. Sec. Sarah A. Clarke, Sec. C-9 Tfie undersigned is preparec satisfy the Council of the City of Hu,...ngton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Clarke Company Name Signature o Bi John J. Clarke, Pres. Printed or Typed Signature Subscribed and sworn to before me this 13 day of (0 , 199-Y. -,4 ANN A. TAKAHASHI COMM. *981233 W "ary l Notary Public - California pp MY COMMILos ANGELES COUNTY NOTARY PUBLIC %i �/'.�G� SSION EXPIRES JANUARY 12, 1497 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work (two references must be for sewer lift station work) within the past two years: 1 See Attached Sheets Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 .w, JOB REFERENCES Hw. 126 Widening State of California Filmore Dept. of Trnasportation 07-066124 1120 N Street Excavation & Conc. Bridges Sacramento, CA 95814 Puente Hills Landfill L. A. Co. Sanitation Dist. Cyn 9 Gas Collection Sys. 1955 Workman Mill Road Whittier, CA 90607 Hollenbeck Park City of Los Angeles Soil Remediation Recreation & Parks 200 No. Main St. Los Angeles, CA 90012 Montebello Town Square City of Montebello Landfill Gas Migration c/o The Alexander Haagen Co. System 3500 Sepulveda Blvd. Manhattan Beach, CA 90266 CLARKE CONTRACTING CORPORATION $12,792,949.95 5/22/91 805 526-0622 Jay Steele A Joint Venture $1,186,578.00 2/19/91 213 283-0881 Ron Lalka $1,489,763.00 4/15/92 213 485-5671 Kathleen Chan $399,635.00 3/31/92 Robbi Doncost 310 546-4520 (SCS Eng.) Kris Saigal 310 426-9544 Calabasa Landfill L. A. Co. Sanitation Dist. $993,072.00 2/15/92 213 283-0881 Gas Collection Sys. 1955 Workman Mill Road Ron Lalka Phase III Whittier, CA 90607 St. Andrews Place City of Los Angeles $382,193.09 5/22/92 213 485-3381 Emergency Sewer Repair 200 No. Main St. Los Angeles, CA 90012 Calabasa Landfill L. A. Co. Sanitation Dist. $316,666.00 11/25/92 213 283-0881 Gas Collection System 1955 Workman Mill Road Ron Lalka Phase 1V Whittier, CA 90607 Puente Hill Landfill L. A. Co. Sanitation Dist. $1,228,259.00 8/4/93 213 283-0881 Gas Collection System 1955 Workman Mill Road Ron Lalka 1992-1993 Whittier, CA 90607 Martin Luther King City of Los Angeles $92,503.99 8/15/93 213 485-3063 Emergency Sewer Repair 200 No. Main St. Nikolai Zemtsev Los Angeles, CA 90012 Frank Bowerman Landfill Orange County Integrated $258,469.00 12/31/93 714 568-4160 Conc. Equip. Pad & Waste Management Dept. Ray Douglass Collection Pipe 1200 N. Main St. #201 Santa Ana, CA 92701 Belmont New Elementary L. A. Unified School Dist. $1,547,959.00 1/14/94 213 742-7380 School No. 5 P. 0. Box 2298 St. Improvements & Los Angeles, CA 90051 Retaining Wall Summitridge Drive City of Los Angeles $104,036.20 9/13/93 213 485-3381 Emergency Slope Repair 200 No. Main St. Los Angeles, CA 90012 Mulholland Drive City of Los Angeles $149,431.50 9/9/93 213 485-3381 Slope Repair 200 No. Main St. Los Angeles, CA 90012 Excavation & disposal of County of Los Angeles $449,599.00 9/29/93 818 458-3118 Debris from Big Dalton Dept. of Public Works Ron Price Dam & Reservoir 900 So. Fremont Ave. Alhambra, CA 91803 Wadsworth Ave. -Long St L. A. Co. Sanitation Dist. $400,000.00 11/19/93 310 638-1161 Truch Sewer Renovation 1955 Workman Mill Road Jim Hansen Whittier, CA 90607 Sewer Improvement of Duk Yum S117,577.00 11/30/93 213 937-2705 Edinger Aye. c/o Kim Engineering co. Taik Kim 5015 Washington Blvd. Los Angeles, CA 90016 445 Avenida Crespi City of San Clemente $201,834.00 3/18/94 714 498-2533 Slope Stabilization 100 Avenida Presidio Frank Smith San Clemente, CA 92672 Bradhurst Pump Station County of Los Angeles $119,785.00 2/2/94 818 458-7171 Dept. of Public Works David Gabay 900 So. Fremont Ave. Alhambra, CA 91803 Heaps Peak Landfill County of San Bernardino $428,100.00 7/22/94 909 381-2404 Gas Collection System Soild Waste Management Dept. Dan Sainte -Claire 222 West Hospitality Lane San Bernardino, CA 92415 Spadra Landfill L. A. Co. Sanitation Dist. $72,606.00 5/13/94 213 283-0881 Vault 3 Pump Station 1955 Workman Mill Road Ron Lalka Whittier, CA 90607 Spadra Landfill L. A. Co. Sanitation Dist. $729,174.00 9/30/94 213 283-0881 Gas Collection System 1955 Workman Mill Road Ron LaLka Whittier, CA 90607 Soil Remediation Pass & Seymour $135,000.00 5/18/94 15100 Figueroa St. c/o SCD Engineers '310 426-9544 Gardena 3711 Long Beach Blvd. Shashi Kothary Long Beach, CA 90807 Calabasas Landfill L. A. Co. Sanitation Dist. $880,000.00 In 213 283-0881 Flare Station Mod. 1955 Workman Mill Road Progress Ron Lalka Whittier, CA 90607 Oak Grove Drive Sewer City of Pasadena $560,731.46 In 818 405-4191 100 N. Garfield Ave. Progress Bob Gardner Pasadena, CA 91109 Puente Hills Landfill L. A. Co. Sanitation Dist. $265,000.00 7/15/94 213 283-0881 Gas Collection Trenches 1955 Workman Mill Road Ron Lalka Whittier, CA 90607 Castle Rock Pump Station County of Los Angeles $77,511.60 To Start 818 458-3118 Dept. of Public Works 10/94 David Gabay 900 So. Fremont Ave. Alhambra, CA 91803 132nd St. Pump Station County of Los Angeles $142,222.50 To Start 818 458-3118 Dept. of Public Works 11/94 900 So. Fremont Ave. Alhambra, CA 91803 Lopez Canyon Landfill City of Los Angeles $1,835,240.50 In 213 847-5098 Slope Closure A & B 650 S. Spring St. #200 Progress Hamid Navid W.O. E6000456 Los Angeles, CA 90014 Calabasas Landfill Gas L. A. Co. Sanitation Dist. S443,406.00 To Start 213 283-0881 Collection Sys. 1994 1955 Workman Mill Road 10/94 Ron Lalka Whittier, CA 90607 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: September 15, 22, 29, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 29 199 4 at Costa Mesa, California. Signature PUBLIC NOTICE NOTICE INVITING SEALED BIDS for CC-840 and CC-844 Notice Is hereby given that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the Clty Clerk at City Hall, 2000 MaIn Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on October 25, 1994, at which time bids will be opened publicly and read aloud In the Council Chambers for the Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabilitation Projects In the City of Huntington Beach. A set of reduced plans, specifications, and contract documents may be ob- tained starting September 15, 1994 at City Hall, De- partment of Public Works upon receipt of a non- refundable fee of $25.00, sales tax Included, if picked up or $30.00 If mailed. A set of full size improvement plans can be obtained for an additional $10.00 If picked up or $15.00 mailed. Each bid shall be made on the Proposal Form pro- vided in the contract docu- ments, and shall be ac- companied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the per- formance of the work and improvements, conform to the Labor Code of the state of California and other Laws, of the State of Calk fomia applicable thereto, with the exception only of such variations that may be required under the special statues pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only In the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach, De- partment of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be li- censed and also prequall- fied as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Coun- cil of the City of Huntington Beach, California the 6th of September 1994. Connie Brockway, City Clerk of the City of Huntington Beach 2000 Maln Street, (714) 536-5431 Published Huntington Beach -Fountain Valley in- dependent September 15, 22, 29. 1994. 093-942 .. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: September 15, 22, 29, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 29 , 199 4 at Costa Mesa, California. Signature NOTICE INVITING SEALED BIDS for CC-840 and CC4344 Notice Is hereby given that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the Clty Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on October 25, 1994, at which time bids will be opened'publicly and read aloud In the Council Chambers for the Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabllitatton Projects In the City of Huntington Beach. A set of reduced plans, specifications, and contract documents may be ob- tained starting September 15, 1994 at City Hall, De- partment of Public Works [Upon receipt of anon - fundable fee of $25.00, lsa tax Included, If cked up or $30.00 if mailed. A set of full size improvement plans can be Obtained for an additional $10.00 If picked up -or $15.00 mailed. Each bid shall be made on the Proposal Form pro- vided in the contract docu- ments, and shall be ac- companied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, In the per- formance of the work and improvements, conform to the tabor Code of the state of California and other Laws of the State of Cali- fornia applicable thereto, with the exception only of such variations that may be required under the special statues pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only In the manner provided by law. No bid shall be consid- ered unless It is made on a for. furnished by the City of Huntington Beach, De- partment of Public Works, and Is made In accordance with the provisions of the proposal requirements. - Each bidder must be ll- censed and also prequalk fled as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Coun- cil of the City of Huntington Beach, California the 6th of September 1994. Connie Brockway, City Clerk of the City of Huntington Beach 2000 Main Street, (714) 538.5431 Published Huntington Beach-Fountaln Valley In- dependent September 15, 22, 29, 1994. 093-942 „-adepee ant P./a 18`sk 9-/5'94 C) _ .2 _ NOTICE INVITING SEALED BIDS q --al 9 for y,� 9/ 9l9l� CC-840 and CC-844 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on October 25, 1994, at which time bids will be opened publicly and read aloud in the Council Chambers for the Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabilitation Projects in the City of Huntington Beach. A set of reduced plans, specifications, and contract documents may be obtained starting September 15, 1994 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $25.00, sales tax included, if picked up or $30.00 if mailed. A set of full size improvement plans can be obtained for an additional $10.00 if picked up or $15.00 mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid , made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 6th of September, 1994. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CREATE A FILE (35 characters grid) �qnS �n rre� _aY,e. Sege,-feha6;I 4-A4 i on_ Pr.�-------------- CG-g`Dt- GC- - �1-94y----------------------- EXP. DATE: — —--————-—--————-—--——- — — — — — AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO TONY! 0895I REQUEST FOR CITY COUNCIL ACTION Date: September 6, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator y t l Prepared by: O-Ray Silver, Assistant City Administrator/ Acting Director of Public Works ,.6( PVl- Subject: Warren Lane Parallel Sewer and Banning/Bushard Rehabilitation Projects; CC-840 and CC-844 Consistent with Council Policy? [X] Yes •ArrRUVED BY CITY t:(J C --� 19y cr r ------------------------------------------------------------------------------------------------------------------------------------------------------ --- -- Statement of Issue, Recommendation, Analysis, Environmental Status, Funding Source, Alternative action, Attaclunents. STATEMENT OF ISSUE: Approval of final plans and specifications, and authorization to advertise, is requested for the Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabilitation Project; CC- 840 and CC- 844. RECOMMENDED ACTION: Approve final plans and specification and direct the City Clerk to advertise for bids for the Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabilitation Project. And, 2. Approve the attached sample contract subject to award of contract to the lowest responsive bidder. ANALYSIS: WARREN LANE CC-840 : The 1979 Lowry and Associates Sewer Master Plan identifies the Warren Lane 8 inch sewer system, between Edinger Avenue and Sisson Drive, as a deficient system. Staff has completed a sewer study, and confirms the inadequacy of the system. In order to relieve the 8 inch sewer, a 10 inch parallel sewer is proposed. The parallel sewer will consist of approximately 1,150 lineal feet of 10 inch pipe and appurtenances. BANNING AVENUE CC-844 : The City's Sewer Maintenance Division has a continual maintenance problem with the 8 inch sewer system in Banning Avenue between Bushard Street and Marblehead Lane. The Sewer Maintenance Division provides biweekly vacuuming of the manholes in order to prevent gases from forming and developing a strong odor that inundates the surrounding neighborhood. The Engineering staff has investigated the problem and found that the last 200 lineal feet of the sewer has a reverse slope when compared with the rest of the system. This inconsistency in the slope results in a hydraulic deficient system that use manholes as retention basins. After considering alternative solutions, a new sewer lift Request for City Council Action Warren & Banning Sewer Projects September 6, 1994 Page 2 station is proposed. The lift station will contain the following: a 20 foot deep wetwell, two- five horse power submersible pumps and approximately 200 lineal feet of four inch poly vinyl chloride (PVC) force main and appurtenances. ENVIRONMENTAL STATUS: Negative Declaration No. 93-21 was approved by the City's Zoning Administrator and the Notice of Determination was issued by the Orange County Clerk on November 10, 1993. Copies of the Notice of Action and Notice of Determination are attached. FUNDING SOURCE: Engineers Estimate: $380,000.00 Funds are available in the following expenditure accounts and the unreserved, undesignated Sewer Fund: $80,000.00 Warren Lane parallel sewer account E-SL-PC-840-6-76-00 75,000.00 Banning/ Bushard sewer account E-SL-PC-844-6-76-00 155,000.00 Unreserved, undesignated account G-SL-3-01-01 $380,000.00 TOTAL ALTERNATIVE ACTION: Deny approval of the Warren Lane Parallel Sewer and BanningBushard Sewer Rehabilitation Projects. ATTACHMENTS: 1. Location Map 2. Sample City Funded Construction Contract 3. Notice of Action for Negative Declaration No. 93-21 4. Notice of Determination for Negative Declaration No. 93-21 RS:REE: SEK: sk 840RCA1.DOC PROJECT LOCATION WARREN LANE CC-840 LOCATION NOT TO SCALE alvivill PROJECT LOCATION BANNING/BUSHARD SEWER CC-844 LOCATION MAP a C7 OF HUNINGION BEACH DEPARTMENT OF PUBLIC WORKS SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WARREN LANE PARALLEL SEWER- = AND BANNING/BUSHARD SEWER REHABILITATION PROJECT (CC 840/844) THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warren Lane Parallel Sewer Project and the Banning/Bushard Sewer Rehabilitation Project in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: _ 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all. labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in 1 SAMPLE 4/agree/cc840/09/29/93kc accordance with the requirements of -CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. -Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE 4/agree/cc840/09/29/93kc E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 SAMPLE 4/agree/cc840/09/29/93kc CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a. manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the.time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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. 4 SAMPLE 4/agree/cc840/09/29/93kc 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 91=1 gill s The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 5 SAMPLE 4/agree/cc840/09/29/93kc deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar - days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 SAMPLE 4/agree/cc840/09/29/93kc required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 SAMPLE 4/agree/cc840/09/29/93kc 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month -up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made 8 SAMPLE 4/agree/cc840/09/29/93kc on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or, injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active - 9 SAMPLE 4/ag ree/cc840/09/29/93kc concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. - 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be 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, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined 10 SAMPLE Wag ree/cc840/09/29/93kc single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention 11 SAMPLE 4/ag ree/cc840/09/29193kc has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. - 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost 12 SAMPLE 4/ag ree/cc840/09/29/9 3 k c or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions -of the section of this Agreement are for convenience and, reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. 13 SAMPLE 4/ag ree/cc840/09/29/93kc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentNice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: amity Attorney E INITIATED AND APPROVED: Director of Public Works 14 SAMPLE 4/ag ree/cc840/09/29/93kc CITY OF HUNTING !ON rSrcl�CFi•Ci�►LirORNIA P.O. BOX 190.92648 PHONE (714) 536-5271 NOTICE OF ACTION November 12; 1993 Petition/Document: NEGATIVE DECLARATION NO. 93-21 Applicant: City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 f C OEPT.OFF-' ihov "l & 1393 Request: To install sewer line improvements within the existing street rights -of -way in the two areas identified below. Improvements to Area 1 consist of installation of approximately 1.350 lineal feet of 10-inch VCP sewer main, five (5) manholes and the reconstruction of existing house service laterals. Improvements to Area 2 consist of installation of approximately 225 lineal feet of 8-inch VCP sewer main and a sewer lift station (consisting of one main and one emergency pump) within an existing manhole; the improvements also include reconstruction of one manhole and abandonment of approximately 200 lineal feet of 8-inch VCP sewer main. The improvements are necessary to remediate existing deficiencies and to bring the system up to capacity to serve the areas. Location: Area 1: Warren Lane right -of way, between Edinger Avenue and Sisson Drive. Area 2: Banning Avenue right-of-way, from the intersection of Banning and Bushard approximately 225 feet to the east. Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on November 10, 1993 and your request was Approved. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must Negative Declaration No. 93-21 - Page Two be accompanied by a filing fee of Two Hundred Dollars ($200.00) if the appeal is filed by a single family dwelling property owner appealing the decsion on his own property and Six Hundred Fifty Dollars ($650.00) if the appeal is filed by any other party. The appeal shall be submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is November 22, 1993. I hereby certify that Negative Declaration No. 93-21 was Approved by the Zoning Administrator of the City of Huntington Beach, California, on November 10, 1993. Very truly yours, Mic ael Strange Zoning Administrator MS:JM:jr (nd9331) L 61894 FILED DEC 0 9 M3 NOTICE OF DETERMINATION r2lft l rp.NW11 FII To: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, Ca 95814 From: By City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 ■ Orange County Clerk's Office Public Services Division 211 W. Santa Ana Blvd., 2nd Floor Santa Ana, CA 92702 SUBJECT: Filing of Notice of Determination in compliance with'Section 21108or 21 152 of the Public Resources Code. County Clerk —DEPUTY Project Title: NEGATIVE DECLARATION No. 93-21 State Clearinghouse Number: _NIA Contact Person: Julie 0sugiJ1hone: (714) 536-5274 Project Location: Warren Lane right-of-way between Sisson and Edinger Avenues and Banning Avenue right-of-way from Bushard Street approximately 225 feet to the east. Project Description: Sewer line improvements along the above street segments consisting_of installation of 8 and 10- inch VCP sewer main manholes and a lift station as well as reconstruction of_ one manhole and abandonment of 200 feet of 8-inch VCP. This is to advise that the City of Huntington Beach Zoning Administrator has approved the above described project and has make the following determinations regarding the above described project: 1. The project 0 will, ■will not, have a significant effect on the environment. 2. 0 An Environmental Impact Report was prepared for this project pursuant to the -provisions of CEQA. ■ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation Measures 0 were, ■were not, made a condition of approval of the project. 4. A statement of Overriding Considerations 0 was, ■was not, adopted for this project. This is to certify that the final ❑ Environmental Impact Report, ■ Negative Declaration, with comments and responses and record of the project approval is available to the General Public at: City of Huntington Beach Department of Community Development 2000 Main Street, Huntington Beach, CA 92648 November 10. 1993 Date of Final Action T E. DEC 0 9 1993 %RY L, GM&E, COUA� Clerk ey ow Signa Assistant Planner Title r' 61b> 7—CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title: NEGATIVE DECLARATION NO.93-21 Project Location: Warren Lane right-of-way between Sisson and Edinger Avenues and Banning Avenue right-of-way from Bushard Street approximately 225 feet to the east. Project Description: Sewer line improvements along the above street segments consisting of installation of 8 and 10- inch VCP sewer main, manholes and a lift station, as well as reconstruction of one manhole and abandonment of 200 feet of 8-inch VCP. Findings of Exemption: The City of Huntington Beach has prepared an initial study for the project to evaluate the potential for adverse environmental impacts and has determined the following: There is no evidence before the City of Huntington Beach Planning Department that the proposed project has any potential for individual or cumulative adverse effects on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Certification: I hereby certify that the public agency has make the above finding and that the project will not individually of cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. FILED DEC Q 9 W3 GARY L . GRANVILLE, County Clerk By ``Sd DEPUTY POSTED n c C 0 91993 GARY L. GRANVILLE, County Clerk By DEPUTY Howard Zelefskv Planning Director By: Alcl�tant Planner to Title City of Huntington Beach Lead Agency Date is/a/f'3 I;tK1UEST FOR COUNCIL ACTIL..,4 �— MEETING DATE: April 17, 1995 DEPARTMENT ID NUMBER: PW 95-014 Council/Agency Meeting Held: 7— Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: April 17, 1995 Department ID Number: PW 95-014 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis %!�/ U PREPARED BY: Ct-M. JONES, II, Director of Public Works YM^S SUBJECT: Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabilitation Projects; CC-840 and CC-844 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment( Statement of Issue: On September 6, 1994, City Council authorized the call for bids for the Warren Lane Parallel Sewer and Banning/ Bushard Sewer rehabilitation Projects; CC-840 and CC-844. Funding Source: Funds are available in the following expenditure accounts and the unreserved, undesignated Sewer Fund: $80,000.00 Warren Lane parallel sewer account E-SL-PC-840-6-76-00 75,000.00 Banning/Bushard sewer account E-SL-PC-844-6-76-00 230,226.00 Unreserved, undesignated account G-SL-3-01-01 $385,226.00 TOTAL Recommended Action: 1. Accept the low bid and award the contract to Clarke Contracting Corporation, 4646 Manhattan Beach Blvd., Lawndale, CA 90260, And, 2. Authorize staff to apppropriate $230,226.00 from the unreserved, undesignated sewer fund balance to cover the additional cost of construction and supplemental expenses, and, 0011179.01 -2- 03/23/95 8:15 AM RL%IUEST FOR COUNCIL ACTIUA MEETING DATE: April 17, 1995 DEPARTMENT ID NUMBER: PW 95-014 3. Authorize the Director of Public Works to expend $385,226.00 to cover contract cost of $327,478.00, estimated construction change orders of $32,748.00 and anticipated supplemental expenses of $25,000.00. Alternative Action(s): Reject all bids and direct staff to re -advertise or abandon the projects. Analysis: WARREN LANE CC-840 : The 1979 Lowry and Associates Sewer Master Plan identifies the Warren Lane 8 inch sewer system, between Edinger Avenue and Sisson Drive, as a deficient system. Staff has completed a sewer study, and confirms the inadequacy of the system. In order to relieve the 8 inch sewer, a 10 inch parallel sewer is proposed. The parallel sewer will consist of approximately 1,150 lineal feet of 10 inch pipe and appurtenances. BANNING AVENUE C( C-844): The existing sewer system in Banning Avenue, between Bushard Street and Marblehead Lane, has had a continuing problem of generating gases that inundate the neighborhood and cause excessive corrosion within manholes. The cause of the gas generation is that the existing sewer has reverse slope which causes sewage to collect and stagnate in manholes. The original budget amount for this project was based on replacement of the reverse sloping sewer. During final design it was discovered that other constraints would prevent installation of a new sewer with adequate slope to allow flow. The only feasible solution now available is construction of a lift station. The cost of the lift station is more than was originally budgeted. Therefore, an additional appropriation of $230,226.00 from the Sewer Fund is requested. SUMMARY: In order to take advantage of economies of scale, the two sewer projects were designed as a single project. On September 6, 1994, the City Council authorized the call for bids for these projects. Bids were received on October 25, 1994, and are summarized below in order of increasing bid amounts: No. Contractor Bids Bid Amount 1. Clarke Contracting Corp. $327,478.00 2. Mladen Buntich Construction. $332,842.00 0011179.01 -3- 03/22/95 10:37 AM RQ&UEST FOR COUNCIL ACTIA MEETING DATE: April 17, 1995 No. Contractor Bids DEPARTMENT ID NUMBER: PW 95-014 Bid Amount 3. Southern California Underground $333,775.00 4. Jana Contracting Corp. $351,114.00 5. Simich- Masanovich $370,240.00 6. Jan Earnest Enterprises $376,690.00 7. Miramontes $386,018.00 8. Mike Prlich and Sons $423,391.00 9. Ken Thompson, Inc. $441,798.00 Staff has reviewed the bids and recommends the acceptance of Clarke Contracting Corporation. Following is a summary of requested expenditure authorization: Contract Amount $327,478.00 Anticipated Change Orders 32,748.00 ** Supplemental Expenses 25,000.00 Total $385,226.00 NOTES: Standard 10% administrative Change Order limit per City Council Resolution Number 4896. Examples of possible change orders include changes in field conditions, unavailable materials, weather delays, errors in the plans or changed City requirements. ** Soil testing, Outside construction inspection services, reprographics, etc. Environmental Status: Negative Declaration No. 93-21 was approved by the City's Zoning Administrator and the Notice of Determination was issued by the Orange County Clerk on November 10, 1993. Attachment(s): 1 Location Map 2 Construction Contract 3 F.I.S. 0011179.01 -4- 03/22/95 10:37 AM WARREN LANE SEWER (CC-840) LOCATION MAP PROJECT LOCATION N NOT TO SCALE PROJECT LOCATION BANNING AVENUE SEWER (CC-844) LOCATION MAP p . CITY Of HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT NO. 1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) THIS AGREEMENT, made and entered into this 8th day of MAY , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY', and CLARKE CONTRACTING CORPORATION, a California corporation, hereinafter referred to as 090 "GIM WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warren Lane Parallel Sewer and the Banning Avenue Sewer Lift Station Projects in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, 3/clagree/cc840/11 /01 /94 and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 3/c:/agree/cc840/11 /01 /94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Twenty Seven Thousand, Four Hundred Seventy Eight Dollars ($327,478 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred twenty (120) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 3/c:/agree/cc840/11 /01 /94 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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. 4 3/clagree/cc840/11 /01 /94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 5 3/clagree/cc840/11 /01 /94 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 3/c:/agree/cc840/11 /01 /94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 3/clagree/cc840/11 /01 /94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 3/clagree/cc840/11 /09/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 9 3/c:/agree/cc840/11 /01 /94 concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be 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, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined 10 3/clagree/cc840/11 /01 /94 single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention 11 3/c:/agree/cc840/11 /01 /94 has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed 12 3/c:/agree/cc840/11 /01 /94 cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 3/clagree/cc840/11 /01 /94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CLARKE CONTRACTING CORPORATION:, . By: John,Clarke\President Sarah A. Clarke, Secretary ATTEST: City Clerk City Admin CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California May., APPROV D AS TO FORM: City Attorney 01 ,L-7 INITIATED AND APPROVED: Director VPublic Works 14 3/clagree/cc840/11 /01 /94 SECTION C (WARREN LANE FROM EDINGER AVENUE TO SISSON DRIVE) and CC-844 BANNING AVENUE SEWER LIFT STATION (BANNING AVENUE FROM BUSHARD STREET TO MARBLEHEAD LANE) in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 120 working days including parts, equipment and pipe delievery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. C-1 In the case of discrepancies .he amounts bid, unit prices shall goy over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10% of Bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature f-2 PROJECT BID SCHEDULE Item Estimated . tem with unit price xten e No. Quantity written in words Unit Price Amount Warren Lane CC-840 1 1156 Const. 10" VCP sewer main & appurtenances per Standards hn ft C Ine4Liar< anj Dollars $ 90r $ 1 y, a0 ! 3 Nn}-( Cents Per lin ft 2 4 Const. sewer manhole per Standards each @ Dollars S. g, 7009Z $ /a boo pin e e ✓l f — Grp Cents Per each 3 1 Const. sewer clean -out per Standards each @ S -,)4 k,;.dJyA o.v,, d 4wQ,,4 u-P,✓e, Dollars $ (e�S`-'� $ (°aS Cents Per each 4 16 Connect ex. sewer lateral to 10" VCP each @ and r; f 44 Dollars $ a 5D ' $ 000 Z 2r D Cents Per each 5 2 Reconstruct ex. M.H. floor and connect 10" VCP each @ kuA&zA aykd Dollars $ SS-0 $ Cents Per each 6 1 Control of traffic per specifications and plans lump sum /1.t, @ %/ov r -{ k65gnr) Dollars o� $ �i✓ p60 o0 $ po " Ze rA Cents Per lump sum 7 1 Bracing ofExcavation per specifications lump sum @ / ► l/eo Sand Dollars $ oo d $ Z efo Cents Per lump sum 8 1 Remove interfering sections of ex. 8" sewer lump sum @ Dollars $ Yon i $ o 2 ero. Cents Per lump sum 9 1 Mobilization & demobilizationf equipment and ma rials 00 20 lump sum @ ; L<<a Dollars $ �3 �- $ �d Ci Cents Per lump sum C-Is PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity I written in words Unit Price Amount 10 16 Plug remaining sewer lateral to ex. 8" VCP each Cor; /' t/ Dollars 110 $ Sjj $ od Z D Cents Per each 11 2 Remove ea. steel steps and coat interior of M.H. per Standards each C _4wc, 4,-5 n ri Dollars $ 2� OD D $ 111000 °o Z-e rO Cents Per each 12 NOT USED /`�j Ca1!/ A Dollars S $ Cents Per 13 NOT USED C 11-14 Dollars $ $ Cents Per ] 4 NOT USED C/�• Dollars $ $ Cents Per Warren Lane (CC-840) Total Amount Bid in Figures: $ C-2s PROJECT BID SCHEDULE Item Estimated .tem with unit price ended No. Quantity I written in words Unit Price Amount Banning Avenue CC-844 1 1 Const. complete lift station per specifications and plans �.1 01 lump sum @ /ln, ��2 ze p � t 1 Dollars A- F- -T $ 3 $ 7 .3 AY Z2 o ef-W n Cents Per lum sum 2 200 Const. 4" PVC force main & appurtenances per Standards an lin:ft @ A- J Dollars $ 577— $ Cents Per lin ft 3 6 Const. 6" PVC force main & appurtenances per Standards lin ft @ O-AV 4jL--kv4 Dollars a� $ P0 o0 $ 600. NO Cents Per lin ft 4 230 Abandon ex. sewer with 1 sack slurry 00 lin ft @ 4&__ Dollars No Cents Per lin ft 5 1 Abandon ex. manhole each g�--k / , @ i 4�Dollars oc $ goo cw $ J 41,1 Cents r Per each 6 1 Reconstruct ex. M.H. floor connect new 8" VCP each _�& @ PV GV Dollars $ boo' $ Soo No Cents Per each 7 1 Reconstruct ex. M.H. floor &)�plug VCP each /ex. /8" @ 44 fl'i"�4�d Dollars QX,,,, $ P' $ goo 0= Ny Cents Per each 8 310 Const. sidewalk per standards (match ex.) Cv sq ft @ Dollars $ N) Cents Per sq ft 9 25 Const. 8" curb & gutteF per standards (match ex.) lin ft @ Dollars i p) Cents Per lin ft C-3s PROJECT BID SCHEDULE 'Item stimate ;em with unit price Extended No. Quantity written in words Unit Price Amount 10 1 Mobilization & demobilizat.on of equipment and aterials ik.) lump sum Dollars $ == $ 7 % Cents Per lump sum 11 1 Control of traffic per specifications and plans lump sum /L L '! @ 44,f 6*A Dollars v $ I.oOp ' 0 $ /500 1 Ll Nd Cents Per lump sum 12 1 Bracing of Excavation per specifications lump sum @ /9u+1 7 p uS"r% Dollars r $ $ � 1. Ida Cents Per lump sum 13 l Remove ex. steel steps and coat interior of M.H. per Standards 00 each @ lrl,o /.10oy9Wp Dollars $ V0 $ Z, C0— PO Cents Per each 14 5 Const. 8" VCP sewer main & appurtenances per Standards lin ft @ dwt_ A4,, Af, 4 Dollars 00 S. 0� PO Cents Per lin ft 15 1 Relocate ex. S.C.E. C.I.C. in sidewalk per S.C.E. requirements lump sum @ �i"�`� ,yet d Dollars ey $ �i?00 CR9 �d Cents Per lump sum 16 NOT USED �y @ Dollars $ Cents Per 17 NOT USED @ Dollars $ Cents Per Banning Avenue (CC- 844) Total Amount Bid in Figures: $ / 7 9 ) 7/ 3 Total Amount Bid in Figures: Total Amount Bid in Words: C-4s A_tST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number SC. -1p6p, Pen By submission of this proposal, the Bidder certifies: 1. That the Contractor is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 .. JNCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of OxMigW Los Angeles John J. Clarke , being first duly sworn, deposes and says that he or she is President of Clarke Contracting Corp. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ANN A. TAKAHASHI I COMM. * 981233 a -Jr Notary Public - Colifomio m Q#,K, �•' -.•• LOS ANGELES COUNTY r MY COMMISSION EXPIRES JANUA Y 12, 1997 Clarke Contracting Corporation Name of Bidder \q\ � � -John J. Clarke, Pres. Signatur t r4646 at n Beach Blvd. Lawndale, CA 90260 Address of Bidder Subscribed and sworn to before me this 33 day of Q CAL , 199 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WARREN LANE and BANNING AVENUE SEWER PROJECTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Oct. 13, 1994 Clarke Contracting Corporation Contractor -John J. Clarke By Title President C-5 ` DISQ —ALIFICATION QUESTIONNt..RE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPS. .jATION INSURANCE CERTI. ACATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Oct. 13, 1994 Clarke Contracting Corporation Contractor -John J. Clarke By Title President C-7 Ur LRGROUND SERVICE ALE; IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 *IIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Clarke Contracting Corporation Bidder Name 4646 Manhattan Beach Blvd. Business Address Lawndale, CA 90260 City, ( 310 ) 542-7724 Telephone Number 325884 A, B & Haz. State Contractor's License No. and Class Sept. 28, 1976 Original Date Issued Dec. 31, 1994 Expiration Date State Zip The work site was inspected by John J . Clark eof our office on Oct. 14, , 199-A. and Bob Clarke The following are persons, firms, and corporations having a principal interest in this proposal: John J. Clarke, Pres. Michael S. Clarke, Asst. Sec. Sarah A. Clarke, Sec. C-9 The undersigned is prepares' satisfy the Council of the City of Hu gton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Clarke Company Name Signature John J. Clarke, Pres. Printed or Typed Signature tion Subscribed and sworn to before me this 13 day of n C. - , 199_y. ANN A. TAKAHASHI COMM. # 981233 D ;..��.-�,r • Notary Public - California m LOS ANGELESJAN COUNT/ NOTARY PUBLIC _ # MY COMMISSION EXPIRES JANUARY 12, 1997 t.. _.... �v........� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work (two references must be for sewer lift station work) within the past two years: 2 3 See Attached Sheets Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 JOB REFERENCES Nw. 126 Widening Filmore 07-066124 Excavation & Conc. Bridges Puente Hills Landfill Cyn 9 Gas Collection Sys. Nollenbeck Park Soil Remediation Montebello Town Square Landfill Gas Migration System State of California Dept. of Trnasportation 1120 N Street Sacramento, CA 95814 L. A. Co. Sanitation Dist. 1955 Workman Mill Road Whittier, CA 90607 City of Los Angeles Recreation & Parks 200 No. Main St. Los Angeles, CA 90012 City of Montebello c/o The Alexander Haagen Co. 3500 Sepulveda Blvd. Manhattan Beach, CA 90266 CLARKE CONTRACTING CORPORATION $12,792,949.95 5/22/91 805 526-0622 Jay Steele A Joint Venture $1,186,578.00 2/19/91 213 283-0881 Ron Lalka S1,489,763.00 4/15/92 213 485-5671 Kathleen Chan $399,635.00 3/31/92 Robbi Doncost 310 546-4520 (SCS Eng.) Kris Saigal 310 426-9544 Catabasa Landfill L. A. Co. Sanitation Dist. $993,072.00 2/15/92 213 283-0881 Gas Collection Sys. 1955 Workman Mill Road Ron Lalka Phase III Whittier, CA 90607 St. Andrews Place City of Los Angeles $382,193.09 5/22/92 213 485-3381 Emergency Sewer Repair 200 No. Main St. Los Angeles, CA 90012 Calabasa Landfill L. A. Co. Sanitation Dist. $316,666.00 11/25/92 213 283-0881 Gas Collection System 1955 Workman Mill Road Ron Lalka Phase 1V Whittier, CA 90607 Puente Hilt Landfill L. A. Co. Sanitation Dist. $1,228,259.00 8/4/93 213 283-0881 Gas Collection System 1955 Workman Mill Road Ron Lalka 1992-1993 Whittier, CA 90607 Martin Luther King City of Los Angeles $92,503.99 8/15/93 213 485-3063 Emergency Sewer Repair 200 No. Main St. Nikolai 2emtsev Los Angeles, CA 90012 Frank Bowerman Landfill Orange County Integrated $258,469.00 12/31/93 714 568-4160 Conc. Equip. Pad & Waste Management Dept. Ray Douglass Collection Pipe 1200 N. Main St. #201 Santa Ana, CA 92701 Belmont New Elementary L. A. Unified School Dist. S1,547,959.00 1/14/94 213 742-7380 School No. 5 P. 0. Box 2298 St. Improvements & Los Angeles, CA 90051 Retaining Nall Summitridge Drive City of Los Angeles $104,036.20 9/13/93 213 485-3381 Emergency Slope Repair 200 No. Main St. Los Angeles, CA 90012 Mulholland Drive City of Los Angeles $149,431.50 9/9/93 213 485-3381 Slope Repair 200 No. Main St. Los Angeles, CA 90012 Excavation & disposal of County of Los Angeles S449,599.00 9/29/93 818 458-3118 Debris from Big Dalton Dept. of Public Works Ron Price Dam & Reservoir 900 So. Fremont Ave. Alhambra, CA 91803 Wadsworth Ave. -Long St L. A. Co. Sanitation Dist. S400,000.00 11/19/93 310 638-1161 Truch Sewer Renovation 1955 Workman Mill Road Jim Hansen Whittier, CA 90607 Sewer Improvement of Duk Yun $117,577.00 11/30/93 213 937-2705 Edinger Ave. c/o Kim Engineering co. Taik Kim 5015 Washington Blvd. Los Angeles, CA 90016 445 Avenida Crespi City of San Clemente $201,834.00 3/18/94 714 498-2533 Slope Stabilization 100 Avenida Presidio Frank Smith San Clemente, CA 92672 Bradhurst Pump Station County of Los Angeles $119,785.00 2/2/94 818 458-7171 ' Dept. of Public Works David Gabay i — 900 So. Fremont Ave. Alhambra, CA 91803 Heaps Peak Landfill County of San Bernardino S428,100.00 7/22/94 909 381-2404 Gas Collection System Soild Waste Management Dept. Dan Sainte -Claire 222 West Hospitality Lane San Bernardino, CA 92415 Spadra Landfill L. A. Co. Sanitation Dist. $72,606.00 5/13/94 213 283-0881 Vault 3 Pump Station 1955 Workman Mill Road Ron Lalka Whittier, CA 90607 Spadra landfill L. A. Co. Sanitation Dist. Gas Collection System 1955 Workman Mill Road Whittier, CA 90607 Soil Remediation Pass & Seymour 15100 Figueroa St. c/o SCD Engineers Gardena 3711 Long Beach Blvd. Long Beach, CA 90807 Calabasas Landfill L. A. Co. Sanitation Dist. Flare Station Mod. 1955 Workman Mill Road Whittier, CA 90607 Oak Grove Drive Sewer City of Pasadena 100 N. Garfield Ave. Pasadena, CA 91109 Puente Hills Landfill L. A. Co. Sanitation Dist. Gas Collection Trenches 1955 Workman Mill Road Whittier, CA 90607 Castle Rock Pump Station County of Los Angeles Dept. of Public Works 900 So. Fremont Ave. Alhambra, CA 91803 132nd St. Pump Station County of Los Angeles Dept. of Public Works ` — �C- 900 So. Fremont Ave. /// Alhambra, CA 91803 Lopez Canyon Landfill City of Los Angeles Slope Closure A & B 650 S. Spring St. #ZOO W.O. E6000456 Los Angeles, CA 90014 Calabasas Landfill Gas L. A. Co. Sanitation Dist. Collection Sys. 1994 1955 Workman Mill Road Whittier, CA 90607 $729,174.00 9/30/94 213 283-0881 Ron Lalka $135,000.00 5/18/94 310 426-9544 Shashi Kothary S880,000.00 In 213 283-0881 Progress Ron Lalka S560,731.46 In 818 405-4191 Progress Bob Gardner $265,000.00 7/15/94 213 283-0881 Ron Lalka S77,511.60 To Start 818 458-3118 10/94 David Gabay $142,222.50 To Start 818 458-3118 11/94 S1,835,240.50 In 213 847-5098 Progress Hamid Navid S443,406.00 To Start 213 283-0881 10/94 Ron Lalka H fe CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR SEWER FUNDING REQUIREMENT ON WARREN LANE/BANNING AVENUE, FIS 95-24 DATE: MARCH 21, 1995 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $230,226 to accommodate necessary sewer related improvements associated with both the Warren Lane and Banning/Bushard Rehabilitation projects. Upon approval of the City Council, the balance of the unaudited, uesignated Sewer Fund would be reduced to $3,447,000. ROBRRT J.,,FRAN Deputy City Admi istrator RJF:skd 0011180.01 03/22/95 10:27 AM RCA IkOUTING SHEET INITIATING DEPARTMENT: Public Works Engineering SUBJECT: CC-840 and CC-844 accept low bidder COUNCIL MEETING DATE: Aril 17, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable ems; Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator tial City Administrator Initiak; City Clerk EXPLANATION FOR RETURN OF ITEM: JU--I CHUBB GROUP OF INSURANCE COMPANIES FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, Clarke Contracting Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 12 day of October A. D. nineteen hundred and 94 WHEREAS, the Principal has submitted a bid, dated October 25 , 1994 for Warren Lane Parallel Sewer (CC-840) Banning Avenue Sewer Lift Station (CC-844) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Clarke Contracting Corporation Principal. By: JOHN J. CLARK.E R SIDENT FEDERAL INSURANCE COMPANY By: N bouglgs A. RapLY Atto ey in Fact P"TED Form 15-02-0002 (Rev. 4-90) M-24705 (2pM) US n ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/12/94 before me, Christine M. Rapp, Notary Public Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared Douglas A. Rapp Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, (HRISTINE M. RAPP 3 Comm. # 969193 • NOTARY PUBLIC • CALIFORNIA i Q. Orange County a My Comm. Expires Jul. 9.1996 j Signature of Notary f ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Surety Bond Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) —Partner(s) x Attorney -in -Fact Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ W059 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each its true and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under _ the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private;`"' bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. in- Wit WbereW, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its. Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of • March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY 1 ss County of Somerset j FEDERAL INSURANCE COMPANY BY ap /YtCl.c.(�ts•1 � Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to..me known and by. me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me..duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal i ti A= PlJi'd ►1 Acknowledged and Sworn to before me on the date above written. I I Notary Public V UXHTA.9CAVON2 ' Pn2riic, Sta.ta of 14 r Jersey No. 20,56520 CO��Ioa EZF;ir` Occc�ot 2._1994. anu��rreo Form 1S10-M U PR 10.9M GENMAL' M-558Z7 (500) UVA, .. CERTIFICATION STATE OF NEW JERSEY County of Somerset )y' I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2: All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys4n4act designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney, executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com- pany may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys4n-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any. such power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effecL Given under my hand and the seal of said Company at Warren, N.J., this 12 day of October , 19 94 Corporate Seal // iAces! CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On q before me, Ann A. Takahashi, Notary Public , Date Name, Title of Officer-e.g.'Jane Doe, Notary Public" personally appeared John J. Clarke Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. y ANN A. TAKAHASHI comm. # 981233 D L�4� Notary Public - CaliforniamLOS ANGELES COUNTY SION EXPIRES JANUARY 12, 1997 Signature of Notary OPTIONAL Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER DESCRIPTT/ION OF ATTACHED DOCUMENT INDIVIDUAL �yt,� l��^-� _ WaAl-.4 — X CORPORATE OFFICER .t,� President Tide(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNERS) OTHER THAN NAMED ABOVE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) THIS AGREEMENT, made and entered into this 18th day of April 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY', and CLARKE CONTRACTING CORPORATION, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warren Lane Parallel Sewer and the Banning Avenue Sewer Lift Station Projects in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, 3/clagree/cc840/11 /01 /94 X. and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 3/c:/agree/cc840/11 /01 /94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Twenty Seven Thousand, Four Hundred Seventy Eight Dollars ($327,478 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred twenty (120) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 3/c:/agree/cc840/11 /01 /94 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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. 4 3/clagree/cc840/11 /01 /94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 5 3/clagree/cc840/11 /01 /94 deductions for CONTRACTOR and its officers, agents*and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 3/clagree/cc840/11 /01 /94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension:, No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 310agree/cc840/11 /01 /94 13. VARIATIONS IN ESTIMATED QUANTMES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 3/clagree/cc840/11 /09/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 9 3/clagree/cc840/11 /01 /94 concurrent negligence, sole negligence, or the sole willfwl misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be 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, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined 10 3/clagree/cc840/11 /01 /94 single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention 11 3/clagree/cc840/11 /01 /94 has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed 12 3/clagree/cc840/11 /01 /94 cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 3/clagree/cc840/11 /01 /94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CLARKE CONTRACTING CORPORATION:, , By: John ClaMe\President By: Sarah A. Clarke, Secretary ATTEST: Z� City Clerk: ED: City Administrator 14 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROV D AS TO FORM: City Attorney /-3-1 p 9 ,L-7 INITIATED AND APPROVED: Director aPPublic Works 3/clagree/cc840/11 /01 /94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) THIS AGREEMENT, made and entered into this 18th day of April , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY', and CLARKE CONTRACTING CORPORATION, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warren Lane Parallel Sewer and the Banning Avenue Sewer Lift Station Projects in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows- 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, 1 3/c:lagree/cc840/11 /01 /94 and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 3/clagree/cc840/11 /01 /94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Twenty Seven Thousand, Four Hundred Seventy Eight Dollars ($327,478 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred twenty (120) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 3/c:/agree/cc840/11 /01 /94 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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. 4 3/c:/agree/cc840/11 /01 /94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 5 3/clagree/ccB40/11 /01 /94 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 3/clagree/cc840/11 /01 /94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 3/clagree/cc840/11 /01 /94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 3/clagree/cc840/11 /09/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 9 3/c:/agree/cc840/11 /01 /94 concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employe; to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be 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, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined 10 3/clagree/cc840/11 /01 /94 single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention 11 3/clagree/cc840/11 /01 /94 has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed 12 3/clagree/cc840/11 /01 /94 cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 3/c:/agree/cc840/11 /01 /94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CLARKE CONTRACTING CORPORATION:, , By: John ?Clai`ke \ President By:GiLQ'itti Sarah A. Clarke, Secretary ATTEST: 4�� !�?� - City Clerk 14 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROV D AS TO FORM: ,r �y p ity Attorney ,z-7 INITIATED AND APPROVED: Director oPPublic Works XIA .4 %---' 3/clag ree/cc840/1 1 /01 /94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) THIS AGREEMENT, made and entered into this 18th day of April , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY', and CLARKE CONTRACTING CORPORATION, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warren Lane Parallel Sewer and the Banning Avenue Sewer Lift Station Projects in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, 3/clagree/cc840/11 /01 /94 and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 310agree/cc840/11 /01 /94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Twenty Seven Thousand, Four Hundred Seventy Eight Dollars ($327,478 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute. PROJECT to completion within one hundred twenty (120) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 3/c:/agree/cc840/11 /01 /94 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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. 4 3/clagree/cc840/11 /01 /94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 5 3/clagree/cc840/11 /01 /94 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 3/c:/agree/cc840/11 /01 /94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 3/clagree/cc840/11 /01 /94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 3/c:/agree/cc840/11 /09/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 9 3/clagree/cc840/11 /01 /94 concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be 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, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined 10 3/clagree/cc840/11 /01 /94 single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention 11 3/c:/agree/cc840/11 /01 /94 has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed 12 31c:/agree/cc840/11 /01 /94 cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 3/clagree/cc840/11 /01 /94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CLARKE CONTRACTING CORPORATION:. , By: By:, John ClaKke\President Sarah A. Clarke, Secretary ATTEST: City Clerk ED: City Administrator 14 3/c:/agree/cc840/11 /01 /94 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROV D AS TO FORM: City AttorneyJI ,L-7-9 '1" INITIATED AND APPROVED: Director WPublic Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLARKE CONTRACTING CORPORATION FOR WARREN LANE PARALLEL SEWER AND THE BANNING AVENUE SEWER LIFT STATION PROJECTS (CC 840/844) THIS AGREEMENT, made and entered into this 18th day of April , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and CLARKE CONTRACTING CORPORATION, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warren Lane Parallel Sewer and the Banning Avenue Sewer Lift Station Projects in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, 3/clagree/cc840/11 /01 /94 and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 3/c:/agree/cc840/11 /01 /94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Twenty Seven Thousand, Four Hundred Seventy Eight Dollars ($327,478 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred twenty (120) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 3/clagree/cc840/11 /01 /94 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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. 4 3/clagree/cc840/11 /01 /94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 5 3/c:/agree/cc840/11 /01 /94 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 31c:/agree/cc840/11 /01 /94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 3/clagree/cc840/11 /01 /94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid achedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 3/clagree/cc840/11 /09/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 9 3/clagree/cc840/11 /01 /94 concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be 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, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined 10 3/c:/agree/cc840/11 /01 /94 single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; 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 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms 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 premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention 11 3/c:/agree/cc840/11 /01 /94 has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed 12 3/clagree/cc840/11 /01 /94 cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 3/clagree/cc840/11/01/94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CLARKE CONTRACTING CORPORATION:.. By: John ClaMe\President By: _1. ZaZnal& (2 Sarah A. Clarke, Secretary ATTEST: City Clerk City Administrator 14 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROV D AS TO FORM: 43-y p ity Attorney /L-7-9 INITIATED AND APPROVED: Director aPPublic Works XA .d)V- � 3/clagree/cc840/11 /01 /94 1 have received the Faithful Performance Bond and the Labor and Materials bond for Warren Lane Parallel Sewer & Banning/Bushard Sewer Rehab Projects CC-840 & CC-844 on behalf of the Treasurer's Office. Dated By:_ Clarke Contracting Corporation 4646 Manhattan Beach Blvd. Lawndale, CA 90260 MAY 03 '95 04:53PM CLARKE CONTRACTING P. 3 j'>+'r""w.w+..� ',:w.:..\:vn.r. ,.+`^*'.. rN!,. .., G::i: Y. }^Vyw-_MKrv. nh\w,vvJ'r+s„r,v �•'r� �.�;, 4i.'26MV'HisS.^�Y'•rS.'4A+:n?i FROPUCER . (,M.._M-..D..G. ..Y /.'!sa♦ -yav:v --- ,,,...,, A:' d c`p)7dy %rZWd CS� �O:Qf!y�!N's1LOXVk '9G�' .W..,9Jf�i„N„v0u�, WSCv" ,Y7>'},ih•o47 r:,`)./i]`vh Y , k Sn. h�iti'4'fk4't�1 .�/�'.0[1)fo-r.�'' yr^i\.SR•e\. Qr'K•x�$Cd�nda5.,!r^�)'rta�f')99,-YE DATE /21/95r.. ;V..... 04 TH19EIiT1Fl ATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND oONFERS NO RIGHT'S UPON THE CERTIFICATE HOLDER. THit, QERTIFICATE ARMSTRONG/ROBITAILLE INS. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 17501 E.17th St. #200 POL tE3 6 LOW. P.O. Box 4147 COMPANIES AFFORDING COVERAGE Tustin, CA 92681-4147 COMPAN LETTER Y A NORTH AMERICAN SPECIALTY INS. (714) 665.6271 CEMPa Y g SAFECO INSURANCE C.O. INSUR90 LETTER COMPANY C FREMONT ' CLA.RKE CONTRACTING CORPORATION 4646 Manhattan Beach Blvd. Lawndale, CA 90260 SR COMPANY D ; ,, APR 2 5 1995 LETTER COMPANY LETTER +:.:'irG,Y.: !1. ... .1.i•. •::.,:T�'`ri,}(�' .: .F STA.f•N?'F: f:S!'i�::..;:Y:(;iR'R;rl'.�.:i.S�:y9::9�•9r:ri,:'. ). ., x: .v \a• / G \,,.w,r a ,.� , .. Gi`O \{.1QM \R�Vpai4C :.S�c�'tl l�r::CAIS'L�7.y.'' ,tiw^vd.. , C. r�`iFwiw�W.... I' 1.6„.4f THIS 1S TO CERTIFY THAT TH19 POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEb TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED, NOTWITHSTANDING ANY REQUIPSMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCSO BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/0DA11 POLICY EXPIRATION DATE (MM/DWM LIMITS GENERAL LIABILITY COMMERCIAL 13ENIERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X PRODUCTS•COMP(OP AGO, S 1,000,000 PERSONAL & ADV. INJURY $ 1,000,000 A CLAIMS MADE OCCUR. 31002CA5000302 03/01/95 03/01/96 EACH OCCURRENCE S 1,000,000 X X X OWNER'S & CONTRACTOR'S PF40T Per Pro -I.Agg. A XCU Included D'L• INSURED ENIDORSEME, `! i01.1 ! FIRE DAMAGE (Anyone fire) a 50,000 MED, EXPENSE (Any one person) m 5,000 AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT § 1,000,000 BODILY INJURY leer person) S B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS i GARAGE LIABILTY DJN� �. AIT'R GlU 1 r!' C f,, • a v .� :,� ' B(� D�jSII CI'., '::,.. 1 03/01/95 ney 03/01/96 X $DRILY INJURY (Per aecldenl) S X PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ AGGRBGAT; S OTHER THAN UMBRELLA FORM vvs¢ C WORKPA'S COMPGNSATION AND WN954080508 03/01/95 03/01/96 STATUTORY LIMITS F,ACHACCIDENT S 1,000,000 DISEASE—POLICYUNIT s 1,000,000 EMPLOYEAS' LW911.ITY DISEASE —EACH EMPLOYEE 9 1,000,000 OTHER DSSCRIvnoN of OPERATIONS&OCATIONSNEHICL IGIMP9CIAL REMS Certificate holder added as Addl Ins/Liab Ouly per NASDT003 attached Waiver of Subrogation on 'WC PROJECT: Warren Lane. Parallel Sewer and the Banning Ave. Sewer Lift Station ... .. ... ,,.,..•.:. : i.. w; •.,,,r /.,v ... ... ! !..'I.,Svi fi..' /!Q :S'�`bQ»leY. #o.e:.K.p.,,),:a;+,�C,�,ti..,w JM:...^''r E:vyr:\',,. Y•�.v'.:;.,Y.$'.4\.:: ''►Y!!.... n.. . r�\+'.\:v'<, ' M��l'. ?°r`S•�".^::.G?K!:�Ov., �::!:%.ti.. v.5l,ivi:V )V,. ri •.� : _ `.w\`'.`'' .�.. ,:, ,v.,w:if:,M'1, :wV 'M\�G�ihM:�1 �!:;fy. •. '>':'>�!" �\v:' '' Q�,. ',: v: .'. CT:3�5;::0.�.. $f°fK'�•.. .,, '.: ..:r..: u.'.,. ) •! �}y.V...'..ai..w:.S�F✓.!+,,rr,,.c:'�,:�E,:,+.r�v:aGc'�Ew .f„iv>,-'�%: F R� vwV.,^..v�4ti., vyvroati,wS .4.'�6'Rll?)Y:lr .0 :. .$\l, M... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE-CAj4CEI.LEO bEfORE THE CITY OF HUNTINGTON BEACH its officers, agents & employees 2000 Main Street P. O. Box 190 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0tM2kiWkx20 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8i :i V87IF N4l4 tA�X1PQ'Fi�Erst�4XtIX?iJW lit ICC9caC�(It 4VMVM LEFT, ''"� AUTHORIZED R E VE Huntington Beach, CA 92648 ` CLAS00 .etafrinx•.xr�... ::.q .. y\,!n:.av>,d:C:;;��:. a... ' ,.A:�:S��.n d3'.:��$T":?�?iq,w' :'\'!M :� VK,\Vt�,.rY\!K,L, r,MCw��,:?"•�:f•':�f��N),•e�-,v,',&`:ti\1t�QS\:Y}i••, W.-,.!..!4�t!.. l +eiY'.Sri$.yti`a ."S.Siwn�fiv7a. :. vs' �F:vro; y(.y;,1�y� ' Y.r. ;r.?::��:.7':.:: i• r. , o . \ T�3sL�i )`?' PE.:1aft•1 .QO KG✓•, � �>-':C'.i�.LO�E,d'�'4.'',lfi'F'./k)j.S.:�':�:�:.:'E.:'S!i'C:[Cn,.: Y':oiA��'Mi7t;At\C• MAY 03 '95 04:54PM CLARKE CLAb00 SR INSURED: CLARKE CONTRACTING CORPORATION DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLES/SPECIAL ITEMS - (Continued): #CC 840/844 DUPLICATE OF CERTIFICATE ISSUED 2128/95 - JOB AWARDED 60d NdS£ 00 56-b0-SO 31OO2M0003O2 ADDITIONAL INSURED TO INCLUDE: City of Hunting con Bc_ach, Ica arricora 2 ascncrr, a employees NOP.TH Arc=CM SPECIALTY INSMkMCE COMPANY W kNCHF.STE,R , MH b . "Bodily a: *sing out of any acz, = :.ss=on or neg__ce-ca of the Additional Insu= ed ; s ; or any of their employees, other than the caar:eral supervision of w-,rk performed for the A d d i o rM al _-scared{s) by vc::- ?rcperty owned, used �r occupied Olt c= rs L ;d to tha :.ddi =i onal Ins,1r ed (s ) 2. Property in care, custody or control Of =_he Additional Insured(s) or over which the Additional insured(s) are for any purpose exercising} physical contro'-i , or 3 . W-W=k" for the rkdd_ tional Insured (s) . 8 . with resoec = -c =.ddi tiona7. Insured(s) who are architects, e:<gineers or Su"--eyors, this insurance does lot apply to "Eod___ Injury", "Property Damage", "personal Injury„ or "Advertising In jury" arising out of the rendering cf or the fzilz;re %_ render any professions= s=-.ice by or for you including: _ • - ` e y - e_ ''c_ i na l app_ c- i nq or f a i l i..g to p_ __ are or approve naps, drawings, renorts, s_aveys, charge orde.s, des.,=-s or spe^ific_t=:rns. and 2. S::per-giso_y, inspeat_zn or engineering services. C. Any coverage provided herein shall be excess over any other valid and collectible insurance available to the Additional Insured(s) whether primary, excess, contingent or an any other basis unless the contract specifically =eeuired that this insurance be primary. D. No person or organization is an insured with respect to the conduct or any current or pest partnership or joint venture that is not shown as a Named insured in the Declarations. NAS-DT-003 (4/9O) Paige 2 of 3 i 03 WdSS ' : C0 96-b0-9n 31002C&5000302 ADDITIONAL: INSURED TO INCLUDE: City of mmviagcon beach, its officers, agents employees NORTH 1,N ICM SPECIALTY INSUPANCE COMPANY However, with respect to "your work", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you are or were a partner or memb,er, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage will not inure to the benefit of any other party except you. HAS—DT -003 ( 4190 ) Page 3 of 3 MAY 03 '95 04:54PM C KE CONTRACTING P.4 � ��'.. ♦Y e�V� .'t r�Gk ,v }mob ��1'v�£W ,H�F d1" J `f�� .C�,.� Siff ' w1 rF Y b CLA500 SR INSURED: CLARKE CONTRACTING CORPORATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - (Continued): #CC 840/844 DUPLICATE OF CERTIFICATE ISSUED 2/2S/S5 - JOB AWARDED CHUBB C IOUP OF INSURANCE COMPANIES i 7 r f I!rt.�rl I'' 1 Il,Il,l,rt !r\/:tllrn II,• L 1•, U11 APR 2 0 M Bond No. 8143-09-68 That we, PERFORMANCE BOND FEDERAL INSURANCE COMPANY PremiumAmount $ 2, 333 . 00 Know All Men By These Presents, Clarke Contracting Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Three hundred twenty seven thousand four hundred seventy eight and 00/100 Dollars ($ 3 2 7 , 4 7 8 . 0 0 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 19th day of April 1995 WHEREAS, the Principal entered into a certain Contract with the Obligee, dated 19 for Warren Lane Parallel Sewer and Banning Avenue Sewer Lift CC 840/844 in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Con- tract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: PNtN1EN Foim 15.02.0001 )Rev. 4-90) (over) 1.114 Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Clarke Contracting Corporation By: PRESIDENT, FEDERAL INSURANCE COMPANY By: C QA�a Dou as A. Rapp Att rney in Fact ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 40b1 - before me, Christine M. Rapp, Notary Public Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared Douglas A. Rapp Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies); and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the persons) acted, executed the instrument. Witness my hand and official seal, E o f (HRiSTUNE tA. RAPP Comm. ff 969193 3 me NOTARY PL21 lC CALIFORN:A ��•=�Y ' Crane County A9y Corm. Jal 9.199G Signature of Not y t ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate -to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Tit1d or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) —Partner(s) _Attorney -in -Fact —Corporate —Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ OM59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California------------------------------------------------------------------ each its true and lawful Attomey4n-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified In' such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease, bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. I Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its. Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 10th day of - March 1994 Corporate Seal . -, Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY ss County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by.me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal ♦��tc{ PUS Acknowledged and Sworn to before me on the date above written. i j Notary Public AN" A. SCAYoffs 9 1'ntdlc, St,* ts of phvr 160W No. 2n6i.520 C ialoo I3xi i'"; 00-'* sr 2, 1994 PRINTED Form 15-1GM3! (Rwv 10-93) GENERAL M-55ev (500) U.N. State of California County of Los Angeles On L/Z2-/ 9S before me, Ann A. Takahashi, Notary Public , — / Date Name, Title of Officer-e.g.'Jane Doe, Notary Public" personally appeared John J. Clarke , Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ac subscribed to the within instrument and acknowledged to me that he/ executed the same in his/heir authorized capacity(ies), and that by his/henWi& signature(s) on the instrument the person(t), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ANN A. TAKAHASHI COMM. # 981233 D er`m Notary Public - Catifomia M p,. LOS ANGELES COUNTY r L_ Signature of Notary MY COMMISSION EXPIRES JANUARY 12, 1997 ------- -- -- OPTIONAL------------------------�� Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(es) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT Performance Bond - City of Hungtington Beach Warren Lane Parallel Sewer and Banning Ave. Sewer Lift Station CC 840/844 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CHUBB C_ UP OF INSURANCE ':OMPANIES C:;"UBIt3 Ili 100 11111mil vinvd Bond No. 8143-09-68 That we, PAYMENT BOND FEDERAL INSURANCE COMPANY Amount $ Know All Men By These Presents, Clarke Contracting Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the penal sum of Three hundred twenty seven thousand four hundred seventy eight and 00/100 Dollars ($ 327,478.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a certain Contract with the Obligee, dated 19 , for Warren Lane -Parallel Sewer and Banning Avenue Sewer Lift CC 840/844 in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful claims of sub -contractors, materialmen, or laborers for labor performed or materials furnished directly to the Prin- cipal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub -contractor, materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition: No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PRi�FED Form 15 02 0009 (Rev. E-90) (over) M-19938 (IOM) USA b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Sealed with our seats and dated this 19th day of April ty 95 _Clarke Contracting Corporation incipal By: JOHN J. CLARK.E PRESIDE a FEDERAL INSURANCE COMPANY By: J�A 16) Doug s A. Rapp Atto� ney in Fact ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On /-7/7% before me, Christine M. Rapp, Notary Public DaIc Name,'ritle of Officer - e.g. "Jane Doe, Notary Public" personally appeared Douglas A. Rapp Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, I �� - •. CHRISTINE M. RAPP T Comm-4 969193 NOTARY PUBLIC CALIFORNIA Orange County Signature of Nota y C4LIfORN My Comm. Exp,res Jul. 9. 1996 '4 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) Corporate Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) _Partner(s) _Attorney -in -Fact Other POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 . (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each its true and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in' such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. I Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Lam, caused these presents to be signed by its. Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of • March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY ss County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by.me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal �►� r,. a aR s � e Pt7tiit = Acknowledged and Sworn to before me on the date ab written. IJ Notary Public 'r A. 9cAvot�s Nowy Pn2dk. St'ta of M, J,:,y ?w o. 20.�i20 C rw�loe &fairs; 004b" 2. 1994 PRINTED Form 15-10-0134 (Rev. 1093) GENERAL M-5mv (5w) UVA. CALIFORNIA, ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On �/ -s before me, Ann A. Takahashi, Notary Public , Date Name, Title of Officer-e.g.'Jane Doe, Notary Public" personally appeared John J. Clarke , Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/ary subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ham authorized capacity(ies), and that by his/hcnWMk signatures) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. At�M N A. TAKAHASHI .�• COMM. # 981233 p IL.� �� Notery Public - Colifomia M /} > LOS ANGELES COUNTY Signature of Notary MY COMMISSION EXPIRES JANUARY 12, 1997 -- OPTIONAL — --------------- Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Payment Bond - City of Huntington Beach INDIVIDUAL Warren Lane Parallel Sewer and Banning Ave. X CORPORATE OFFICER Sewer Lift Station CC 840/844 President Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE 1 i. MAINTENANCE BONI) BOND NO. 8143-09-68 KNOW ALL MEN BY THESE PRESENT'S. That we Clarke Contracting Corporation as Principal, and Federal Insurance Company , a Surety corporation organized under the laws of the State of Indiana duly authorized to do business in the State of California as Surety, are held and firmly bound unto City. of Huntington Beach its Oh�ee n Qth/Ul u`>f Three hundred twenty seven thousand four hundred Oseventy eWh oiWh-ARS. to which payment well and truly to be made, we do hind ourselves. our and each of our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. SEALED with our seals and dated the 19th day of April • 19 95 WHEREAS. the above bounden did on the day of , 19 enter into a contract with the City of Huntington Beach for Warren Lane Parallel Sewer and Banning Avenue Sewer Lift CC840/844 and has completed said contract. WHEREAS, the Obligee has accepted or is about to accept the completed contract condi- tioned upon the Principal filing a maintenance bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Prin- cipal shall remedy any defect in material or workmanship furnished under said contract for a pe- riod of One Yeal from date of acceptance by the Obligee, this bond shall be null and void, other- wise, the same shall remain in full force and effect. Signed. Sealed and Delivered in the presence of: Clrke Con Nting Corporation C OHN I CLARIiE PRESIDENT Federal Insurance Company / Surety By: _ ��' Doug, as A. Rapp Atto- ney in Fact BONI) 4661 Printed in U.5 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me, Christine M. Raj2p, Notary Public Date Name, Title of Officer - e.g. `URne Doe, Notary Public" personally appeared Douglas A. Rapp Namcs(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, •- "°F ti CHRISTINE rri. RAPP Comm. ;1 959193 i Zoo ;a P10TA Y PU UC CALIF01 MA •--z-• � C:rr��e Co:.rtr IFCA' �•p• 4 Signature of Nota y ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) —Partner(s) _Attorney - in- Fact Corporate _Other Officer(s Titic(s) t. SIGNER IS REPRESENTING: Name of persons or entity(ics) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California------------------------------------------------------------------ each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified iri such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to Its By -Laws, caused these presents to be signed by its. Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of - March 1994 Corporate Seal . -• Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY I ss County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by. me known. to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal 1*t~aC� e ti r•.t,iSlm w Acknowledged and Sworn to before me on the date above written. I J Notary Public 7�4rtiST A. 9CAY0� 2r,09' ?"blic, Stpta of ph, ruse! No. 20,5 5520 Ice 8xI' ir'r Ooc*L,L 2, 1994 Form 15.100134 (Rev. 1093) GENERAL PAINTED M-SN77 (5W) u .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California County of Los Angeles On before me, Ann A. Takahashi, Notary Public , Date Name, ritle of Officer-e.g. 'Jane Doc, Notary Public" personally appeared John J. Clarke , Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wave subscribed to the within instrument and acknowledged to me that he/ executed the same in hivlienWmir authorized capacity(ies), and that by his/hcnWiek signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. A A. 7AKAHASHI y '�`� COMM.co# 981233 y W �- v Notary Public - California10 m /////� ' > LOS ANGELES COUNTY MY COMMISSION EXPIRES JANUARY 12, 1997 Signature of Notary ------------- — -- OPTIONAL -------- ---------- Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAE ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(es) Clarke Contracting Corporation Maintenance Bond - City of Huntington Beach Warren Lane Parallel Sewer and Banning Ave. Sewer Lift Station CC 840/844 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNERS) OTHER THAN NAMED ABOVE