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HomeMy WebLinkAboutD.J. CONSTRUCTION - 1994-08-18j)T&o-v.-7 V HUNMNGTON BEACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION - THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records 10% RETENTION PAYMENT CC It Oq L �1- DATE: kcvrcA& k, C( S 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 10% retention payment -is recommended.so long as no stop notices or outstanding invoices are on file with the City. AN T. VIL ELLA, Director of Finance certify that no stop notices are on file -on the subject at this time. Date: LES JOKES,45ublic Works Director I certify that no stop notices are on file on the subject. contract and that a guaranty bond has been filed. Date: a S CONNIE BROCKWAY, Ci Clerk certify that there are no outstanding invoices on file. Date: � �-5 DON WATSON, City Treasurer<< 0011042.01 03/14/95 12:57 PM AMWEST- -SURETY INSURANCE C PANY J WOODLAND HILLS, CALIFORNIA 003004335 BOND Alw�w PREMIUM MAINTENANCE BOND KNOW ALL MEN BY T14ESE PRESENTS, That we, D.J. CONSTRUCTION INCLUDED IN PERFORMANCE BOND _..............._. _.._ ...._.._..(hereiriaftor called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general Surety business in the State of CALIFORNIA __ _, (hereinafter called Surety), as Surety, are geld and firmly bound unto C .Q ..HUNTINGTON.. BEACH (hereinafter called Obligee), in the sum of FIFTY EIGHT THOUSAND NINE HUNDRED FIFTY EIGHT. AND 90/100*** . _ ....- ._ DOLLARS ($ 58, 958.90*** _ ) lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a contract with the said Obligee, dated JULY 20, 1994 for GOTHARD STREET AND CENTRAL PARK CURB AND RAMPS HUNTINGTON.BEACH,CALIFORNIA and, WHEREAS, the Obligoo requires that these presents be exocutod on or before the final completion and acceptance of said contract and WHEREAS said contract was completed and accepted on the = 30TH day of NOVEMBER .___ ig 94 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee, any defects which may develop during a period of ONE YEAR from the date of curriplotion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS 15TH Ak AM UN-A3014 7/88 DAY OF MARCH 19 95 ;� �i II�Co•r 0- CALIFORNIA ALL-PURPOACKNOWLEDGMENT • No.5907 State of CALIFORNIA County of SAN BERNARDINO On d) ) 5, Iq before me, DATE personally appeared JAY P. FREEMAN KELLY A. SAITMAN, NOTARY PUBLIC. NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) 93 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person�4 whose name(} is4-we- subscribed to the within instrument and ac- knowledged to me that he/sh@Ahey executed the same in his/e^r'�e;; authorized „�„aa ase000aoaa¢eaaoeeaseaosoaaaaa� capacity(-i &s , and that by h i s L Z _ - KELLY A. SAITMAN S si nature on the instrument the erson ' COMM. #1022648 signature* P +� S NOTARY PUBLIC - CALIFORNIA P or the entity upon behalf of which the P SAN BERNARDINO COUNTY j My C,mm E.&j" J,,,,� 27, 1998� persons} acted, executed the instrument. a oaoaoaaoeaaaaasaaaaaaaaoeaea . oesosoaa0000 WITNEPS my hand and official seal. Q• 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 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: 7rF=m�_ DESCRIPTION OF ATTACHED DOCUMENT BOND 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 �•�:• EXPIRATION DATE POWER NUMBER ?_?_ . 3-07-96 0000449486 READ CAREFULLY IN This document is printed on white paper containing the artificial watermarked logo of Amwest Surety Insurance Company (the "Company's on the front ? »'?p and brown security paper on the back. Only unaltered originals of the POA arc valid. This POA may not be used in conjunction with an other POA. No •?°°"' ^g i; )' P Pe YY J Y Ill. I :uH representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until M. i ; the expiration date. siI Mum---n ---il..:: KNOW ALL BY TLIESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company'), does hereby make, constitute and appoint: KELLY A. SAITMAN JAY P. FREEMAN AS EMPLOYEES OF AVERBECK INSURANCE BROKERS its true and lawful Attomcy-in-fact, with limited power and authority for and on behalf of the Company sure to cxccut6��eJjvryevand affix the seal of the company_ thereto if a seal is required on bonds, undertakings,- reco izances, reimsurancc-a eememt fora -Mill ' Act othc� rfoFjmaann rid or othei written obli a[ions in m•u:t.. q S : gn !9 Pc��a � g ?^!!?????? the nature thereof as follow License & Permit Bonds up to S••••"10,000.00 Th Miscellaneous Bonds up to S • • • • • 10,000.00 Bid Bonds up to S••1,000,000.00 Contract (Performance & Payment), Court, Subdivision S••2,500,000.00 :u1.um. 1 :-Ii:i ;III ^' ? and to bind the company thereby. This appointment is made under and by autlto of'the BYAZs%oft Com which arc now in full force and effect. I the undersigned secretary of Amwest Surety Insurance Company, a aliforn orporati �O�IIEREBY`C TIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the esoI 'ons of the Boar of Directors 5� forth on this Power of Attomev, and that the relevant s! provisions of the By of the Company, are now in full forccran Wtevl. w =====iiY�l 15T�> MARC?� `` 75 i?: =1--- Signed and sealed this ay of 19 L— »;: M. Karen G. Cohen �Sc.lry iiiii« +� +� +� f ♦ • ♦ ES( jLUTIONS OF THE BO luF DIREC•rORS � • • ! +Ir it � • • iR tlt _.'• ;?; This POA is signed and scaled by facsimile undeerr agaby the autheriL of�followid lutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December. 15, 1975: t� RESOLVED, that the President or ice Preside i�e ajunction with th Secretary or any Assistant Secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the inetrwncrrevidencinthe appointment^eSach case, for and on behalf of the Company, to execute and deliver and affix the seal " of the Company to bonds, undeings, r cFgnizances,-art sur 'ship oblititions of all kinds; and said officers may remove any such attorney -in -fact or agent and - : revoke any POA previously gran d to\wch person�� //�� RESOLVED FURTHER �akaIIy bond, t:�tdei�aking, recognizancel, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any ico,I'�rc.Vdcnt a� ttested and scaled (if a seal be required) by any Secretary or Assistant Secretary; or U-Muni (ii) when signed by the President or any�rcc President ar perctary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or aage`nt, or� 1 �•l _ r �, «? (iii) when duly executed and scaled al be r III by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attomc sued` the Compan such person or persons. RESOLVED FURTHER, thagnature of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution an deliveryof 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 affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto ii affixed this 1st day of January, 1993. John E. Savage, President Karen G. Cohen, Secretary State of California r r County of Los Angeles On January 1, 1993 before me, Peggy B- Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to i=i== me on the basis of satisfactory evidence) to be the rcon s whose names is/are subscribed to the within instrument and acknowledged to me all 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 instnunent. OFFICIAL SEAL tlttllttUr WITNESS hand and official seal. �NSU PEGGY B. LOFTON �4..•.......?q''%� Notary PUbilC-Calif ma pC{POgq Ccr` Signature -•� L03 ANG80 COUNTY �: TF' C> = c . Lofton, Notary Pu (Seal) My CwnfT1 Won Emues =N _ AY`7 0'. '� .hilly 2B• 1995 T.97- :: fMMVir :::: it ::::: ::i?: i:iiiiiiiiii :iii::...:: ?..r£.: ?: i iii•:r 4 \ > „p ' } ;. �."• »:::..".»..... :usu::r.tts£:iiii: .:••?: :?? ii::ii.. ; uu•n:uu•----- rr : ..:...::: .::: i:: : r= a : n » ii.??:.:...i ...:.:::.::..i......:........." .: • TO: ECE4YEu i ­C YK _ IF. Release d6lopallotics Q � Wvn/TlNG TonC �z ti CJ --�r�m O�� '' ^^� m S� AC�nstruction Lender (or party with whom Stop Notice wasfiled) Address You are hereby notified that the undersigned claimant releases that certain Stop Notice dated in the amount of $ ` �'S� d 5- against C IT ! o /" AtJ T fA)& 7CIAJ as owner or public body and as prime contractor in connection with the work of improvement known as GJ0414P_+Ds - 1 Al &f--7 in the City ofUN����Z°N r-'�t4GW , County ofc—sue 0�� State of California. Date Iq 3 I NameofClaimant Robe n's-Ready Mix. I (F' m Name) sy Agent (Official Capacity) VERIFICATION 1, the undersigned, state: I am the Agent ( "Agent of', "President of', "A Partner of ', "Owner of ', etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 19 —,at Riverside California. — - -- - - -- --- - (Signature of Claimant or Authorize gent) SHdRIE SHAMBIEN 'A SUBSC D AND SWOON TO BEFORE ME Comm. # 979552 3 NOTARY PWUC - CAUFORNIA * TH I .....DAY OF , d Rkerside Counb My Comm. Fxl*" Nov. 29,1996 r -.. juae #301 _u �orada, CA 90638 0 /76 00 &/n& 0-7 Goo, 7® 0 • STOP NOTICE (California Civil Code Section 3103) NOTICE TO CITY OF HUNTINGTON BEACH 3000 MAIN ST HUNTINGTON BCA (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156-3175) (IF Public Job -file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 3179-3214) Prime Contractor: D J CONSTRUCTION Sub Contractor (If Any): Owner or Public Body: CITY OF HUNTINGTON BEACH Improvement known as EDWARDS-INLET/HUNTINGTON County of ORANGE State of California. Robertson's Ready Mix, Ltd., Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above described work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is D J CONSTRUCTION The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and/or sand materials. Total value of labor,service,material to be furnished ...... $ 2,445.05 Total value of labor,service,materials actually furnished..$ 2,445.05 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any.. ..... ..... .....$ 0.00 Amount due after deducting all just credits and offsets .... $ 2,445.05 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 2,445.05 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with Stop Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) Dated 02/12/95 Name and address of Claimant ROBERTSONS READY MIX, LTD P.O. Box 33140 Riverside, Calif. 92223 By 3W 3t­"Ihj� Authorized Agent VERIFICATION I, the undersigned, state: I am the agent of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 02/12/95 at Riv e, State aliforni .�� Signature of claimant/Agent kL ROBERTSON'S Z44 ftu P 0 BOX 33140 RIVERSIDE, CALIFORNIA 92519 - � fir• — _ 1 9 Q` FIi va 9 � CiaM — ti 9 Ch L 1, • � R'3?' n�� "�= Q i J hE c �a c•�;L�• ' Fu.8-19724� t IA rF- - • ,,,I fill [it ,i,l,li„fit�fi„i,,,,lil C c • WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION 0 DOC # 95-0033913 26—JAN-1995 10 = 53 AM Recorded in Official Records of Orange County, California Gary L. Granville, Clerk -Recorder Page i of I tees: 4 0.00 Tax: 4 0.00 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 D. J. CONSTRUCTION COMPANY who was the company thereon for doing the following work to -wit: GOTHARD ST. SII)EWALK/CENTRAL PARK CURB RAMPS PROJECT - CC 909 INTEREST: Easement That said work was completed January 17,1995 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 1 accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, January 17, 1995. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said Q(i/ 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 23rd day of January,1995. City Clerk and ex-officio Cle 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 23rd day of January,1995.. i City Clerk and ex-officio Clerl of the City Council of the City. of Huntington Beach, California g:cc\nscplgs r- REQUEST FOR CITY COUNCIL ACTION Date: January 17, 1995 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administr A D BY CITY COUNCIL Prepared by: day Silver, Assistant City Administrator,Cc �I/l 7 19� Acting Director of Public Works crilyCL Subject: GOTHARD STREET SIDEWALK AND CEN PROJECT; CC-909 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, STATEMENT OF ISSUE: D.J. Construction Company has completed the Gothard Street Sidewalk and Central Park Curb Ramps Project. RECOMMENDED ACTION: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for Gothard Street Sidewalk and Central Park Curb Ramps Project, CC-909. ANALYSIS: On July 18, 1994, the City Council awarded a contract to D.J. Construction Company to construct the Gothard Street Sidewalk and Central Park Curb Ramps Project. The construction of these improvements is now completed per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. Final cost of the project was approximately $300 less than the contract amount. Council Approved Actual Expenditures Contract Amount $58,958.90 $58,656.33 Construction Change Orders (10%) 5,000.00 0.00 Supplemental Expenditures 1,046.10 0.00 Totals: $65,000.00 $58,656.33 * Actual field quantities for the removal of driveways, construction of commercial driveways and p. c. c. sidewalk were less than estimated. 11-1 r • ENVIRONMENTAL STATUS: Categorically Exempt FUNDING SOURCE: Sufficient 1991-92 and 1992-93 Senate Bill (SB) 821 funds were budgeted for this project in account number E-GC-PW-410-3-90-00 and E-BA-PW-663-3-90-00. ALTERNATIVE ACTION: None ATTACHMENTS: Project Location Map FILE: G:\CC909\RCA\909RCA03.DOC s GOTHARD ST. AND CENTER AVE. �o SIDEWALK IMPROVEMENTS ,o 'PI BOLSA AVE. TALBERT/NEWLAND ,� SIDEWALKS AND CURB RAMPS m Mc in FADDEN NAVE. ' S9tik. ZEDINGERa w v~i �6o 00 oHE1L mu a 3 a AVE. 0� J. N 0 z a a o w o. yo: < m- WARNER N W o AVE. c� SLATER Y=qu: m 405 A TAL ERT A PACIFIC ELLIS AVE. CENTRAL PARK GARFIELDJY AVE. CURB RAMPS YORKTOWN in Env AVE. i 3 ~ p�• ADAMS AVE. N rr_ INDIANAPOLIS AVE..Y TLANTA Q Z AVE. 0 0 m U' W 0 m D w Z Tt HAM LTOIF AVE. OCEAN m tilyr BANNING AVE. VICINITY MAP N.T.S. GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS PROJECT 10 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS P;\CC9D9\L0CATl0N.DWG • �,o'�D 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 roiect No. 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 applicapTla,.to the wage rate paid. Signature and Titl h h DECLARATION OF SATISFACTION OF CLAIMS 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 entitledy—goa Gpknord S� Sca,Pwc,,kk4-6n4-,,4 . and dated b ra v,%p5 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 this 6 k-,,day of APPROVED BY CITY COUN-r-7 0 REQUEST FOR CITY COUNCIL My Date: May 2, 1994 9 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrate C - Prepared by: J?K Louis F. Sandoval, Director of Public Works Al"p— Subject: GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS PROJECT; CC-909 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachments: I a.� s-/-7/,F� STATEMENT OF ISSUE: Portions of the sidewalk are missing in the immediate vicinity of the new Transportation Center at the corner of Gothard Street and Center Avenue and along other segments of Gothard Street. Additionally, pedestrian access around Central Park could be increased with the installation of wheelchair curb ramps. RECOMMENDED ACTION: 1. Approve the attached Sample Construction Contract for the Gothard Street Sidewalk and Central Park Curb Ramps Project; CC-909. 2. Approve the plans and specifications for the Gothard Street sidewalk and Central Park curb ramps, and authorize the Director of Public Works to advertise the project and solicit bids for construction. ANALYSIS: The City annually receives a local allotment from Senate Bill (SB) 821 funds to provide sidewalks, access ramps, bikeways, and audible signals. SB 821 funds are distributed to cities on the basis of population. The City's 1991-92 allotment of $44,482 has a contract award deadline of December, 1994 (extended from June 1994). Staff proposes that these funds be applied towards the construction of sidewalk improvements along Gothard Street and Center Avenue adjacent to the new bus facility, and for the installation of curb ramps adjacent to Central Park. Public Works has prepared plans and specifications for the of construction missing segments of sidewalks along the easterly side of Gothard Street at various locations, between Talbert Avenue and Mc Fadden Avenue; sidewalks along the northerly side of Center Avenue east of Gothard Street; Gothard St. Sidewalk & Central Park Curb Ramps; CC909 May 2, 1994 Page 2 sidewalk on the northwest corner of the intersection of Newland Street and Talbert Avenue; and curb ramps around Central Park. This project will further support our ongoing efforts to increase pedestrian safety and access. The engineer's estimate for this project is $53,492. ENVIRONMENTAL STATUS: Categorically Exempt FUNDING SOURCE: 1991-92 SB 821 funds in the amount of $44,482 have been set aside for the project. The remaining $9,010 will be funded from the City's 1992-93 SB 821 allotment. ALTERNATIVE ACTION: Deny approval of the project and direct staff where to apply these funds or forego $44,482 of Senate Bill 821 funding when the 1991-92 allotment expires on December, 1994. ATTACHMENTS: Project Location Map Sample Contract LFS:DAW:LJT:dw CC909 GOTHARD ST. AND CENTER AVE. �o SIDEWALK IMPROVEMENTS �o G BOLSA AVE. TALBERT/NEWLAND SIDEWALKS AND CURB RAMPS fn � fn to VI Mc FADDEN AVE. s9ti ZEDINGER¢ w in c J Z U Q m N N m Qz NCO 8 pHEIL a m 3 a AVE. m 0 ►- cn N m z cr3 D_ ¢ 0 z w 0 N a m WARNER N w 0 AVE. 0 SLATER c� m 405 A TAL ERT AV 9�, PACIFIC i� Dr ELLIS AVE. CENTRAL PARK GARFIELD J AVE. CURB RAMPS — YORKTOWN cn AVE. n in cr 3 CO�� ADAMS AVE. N cr INDIANAPOLIS AVE. Y ATLANTA 0 < Z cr = AVE. 0 0 m 0 ¢ in w z HAMILTON p:o AVE. OCEAN ti/yY BANNING AVE. VICINITY MAP N.T.S. GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS PROJECT I•�miff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS P: \CC909\L0CAiI0N.0WC CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 17, 1994 D. J. Construction 14730 Firestone Blvd., Ste. 301 La Mirada, CA 90638 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance gx6cashcon 1 Telephone: 714-536-5227 ) f I have received the Faithful Performance Bond and the Labor and Materials bond for Gothard Street Sidewalk and Central Park Curb Ramps Project; cc-909 on.behalf of the Treasurer's Office. D J Construction 14730 Firestone Blvd., Ste. 301 La Mirada, CA 90638 Da ted_l--Z_• !'Y_-- By. . . SitV BY:AMWEST SURETY 7-28-94 ;W53AM ;AMWEST INLAND EMPIRE-+ • • PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY _ WOODLAND HILLS, CALIFORNIA - r BOND NO. 003004336 PREMIUM 61,769,00 I'MMIum based on final owbut rve. PERFORMANCE BONG? Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): D J CONSTRUCTION 14730 E. FIRESTONE LA MIRADA, CA W638 OWNER (Name and Address): CITY Or HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92848 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 208 W. HOSPITALITY LANE, SUITE 206 SAN BERNARDINO, CA 92408 CONSTRUCTION CONTRACT Date: July 20, 1904 Contract Number: OC909 Amount: Ffty Eight Thousand Nine Hundred Fifty Nine and 001100 Dollars (858,969.00). Description (Name and Location): GOTHARD STREET AND CENTRAL PARK CURB AND RAMPS HUNTTNNGTON BEACH CALIFORNIA BOND Amount: Fifty Eight Thousand Nine Hundred Fifty Nine and 00/100 Dollars (S58,959.00). Signed, sealed and dated thle 28th day of JULY, 1994. As TO FORM a An UN-A1001 12191 r et"4% *4►1,"ot Itt@ NBa i Ir•^C.L1 FOH TEIiMs ANta CbFinn10119) SENT BY:AMWEST SURETY 7-28-94 ;10:54AM ;AMWEST INLAND EMPIRE-► ;# 3 • • PAGE TWO OF TWO PAGES AMWEST SURETY INSURANCE COMPANY BOND N4. 003004335 Performance Bond 1. The Contractor and the Surety, jointly and Severally, bind themselves, their heirs, executors, adrninlstrators, successors end asaigna to the Owner for the performance of the Construction Corhtracl, which is incorporated herein by reference, 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shay have no obligation under this Bond, except to PWWPme In owderorma as provided in Subparagraph 3.1. 3. If there is no Owner Daf&A, the Surey's obligation under No Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at he address deseribed in Paragraph 10 below that the Owner Is considering declaring a Contract Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not tetef than fifteen days after receipt of such notice to discuss methods of parlorming the Construction Contract If the Owner, the Contractor end the Surety agree, the Contractor Shell be allowed a reasonable time to perform the Construction Contract but such an sweemenl shag not walve the Owner's right, if any, suosequanty to declare a Contractor Default, end 3.2 The Owner has declared a Contractor Default and lonnally terminated the Contractor's right to complete the contract. Such Contractor Default "I not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided In Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Prim to the Surety in accordance with me terns of the Construction Contract Or to a contractor selected to perform the Construction Contract in s000rdence with the lerme of the contract with the Owner. 4. After the Owner has declared Contractor In default and has aatiefied the conditions of Paragraph 3. and the Surety has conduoted he own prompt and reasonable Investigation ae to whether or not the Contrarxor's default has actually occurred, the Surety may at its own option affect one or more of the following actions: 4.1 Arrange for me Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Canawction Contract itself, through its agents or through Independent contractors; or 4.3 Obtain bide or negotiated proposals trom qualified contractors acceptabie to the Owner for a contract for Wormarm and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected with the Owner's conounence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contrail, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Con tract Price incurred by the Owner resulting from the Contractor's default or 4.4 WOM No"10 p lft and oomplete, arrange for completion, or obtain a new contractor and with reasonable promptness under to drourneancem .1 After investgeflom determine the amount for which it may be liable to the Owner and as soon as practicable after the amount Is deioninined, tender payment therefor to the Owner, or .2 Deny Ilabli y In whom or in pen and notify the Owner thing reasons therefore. 0. It the Surely prooeeds as provided in Subparagraph 4.4, end the Owner refuses the payment tendered or the Surety halt denied liability, to whole or In part whrtftwut further notice the Owner shag be entitled to enforce any remedy avallabis to the Owner. S. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Suety elects to not under Subparagraph 4.1, 4.2, or 4.3 above, then the responaibliltes of the Surety to the Owner shell not be greater then those of the Corwaclor under the Consruction Comreol, and the responsiblillin of the Owner to the Surety shall not be greater than those of the Owner under the C&ISthkow Contract To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and da nagss on the Construction ConlrwL the Surety is obggnted without duplication for: 0.1 The respoi bilidea of the Contractor for correction of defective work and completion of the Construction Contract; and 6.2 Liquidsled damaipm or it no liquidated damages are Specified in the Conshuction Contrao, actual damages caused by delayed poi ku., rtess or non•perfonnanos of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shell not be reduced or set off on account of any such unrelated obligations. No right of ac*m shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and of hw obiigawns. & Any prooeedir g, legal or equitable, under this Bond may be instituted in any court of competent judediction in the location In which the worst or part of the work is located and shall be Instituted within six months after Contractor Default or within abt months after the Contractor ceased working of within six months after the Surety refused or fails to perform Its obligations under this Bond, whichever occurs first If the provisions of this Plat are void of prohibited by law, the minimum period of hmitftbon available to surelies as a defense In the jurisdiction of the suit shall icalft 10. Notice to the Surety, the Owner or the Convector shall be mailed or delivered to the address shown on the signature page. 11. When this Band has been fumiehed to oompy with a statutory or other legal requirement in the location where the oonevucdon was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shad be deemed incorporated herein. 14. DEFINITION$ 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Corimctlon Contract after all Proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by to Owner in settlement of Insurance or other claims for damages to which the Contractor Is entitled, or reduced by ant valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12.2 Construction Contract The agreement between the Owner and the Contractor Identified on the altinat re page. Including all Contract Documente and changes thereto. 12.3 Contractor Default Failure of the Contractor, which has neither been rernedled nor waived, to perform or otherwise to comply with the henna of the Construction Contract. 12.4 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay tte Contractor as required by the Construction Contract or to perform and complete or comply with the other terms hereol. Z UN•A3001 12191 C ;LIFORNIA ALL•PURPO,I&CKNOWLEDGMENT � St of C."-�LIFOPMIA COunty of ca,.► ;=MAcnrxn On 7 a -9 be -.'or,- me, TAMRA, PONT!, NOTARY PUSLIC L'.: N:..»�. iii` Cr �.'nC�� • �^,- •:r:i� �..� %IC.iLnY 'C•. personally appeared PHILIP E. VEGA mw-F;-al CF a,anZF.(51 CX personally knovin to me - OR - Cl proved to me on the basis of satisfactory evidenic- to be the person(g) whose name(,) is/z�c.;, Subscribed to the within instrument and ac- knowledged to me that he%�, executed' the same in authorized capacity(), and that by his/he.� tig, r , signatur (89- on the instrument the persons) ►vOTv::gf,c.Ga or the entity upon behalf of which the s D FORP41A fi7 1 ly.,;,j� CQlllviy 1� person(,) acted, ex=coed th'e instrument. s ,`" • MY CornrniSSioj i:X ; rE3 li � Jan.14, 1996 . WI i NESS my hand and cilicial se_l. -JarwLa Prxy?t�' OPTIONAL 1 rCuCh `u`e data be!cw Is not re_uJed b1 fa'ii, it mAy prove valuable to persons re: ffrC oft ti`e CCCurne:ai and Cculd Frcv-='i fraudulent rat:a&.rrent of this fan. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I tiVCIVICUAL C COF.=V= i E OFF.CEA r'.S; C PA,=. T NER(S) C Ll N' II ► E0 ��-; I� C-FgE AL 2:1 A i i ORNEY-IN-FACT C TFUSTcc=(S) C GUARMAWCONSERVA T Oii C or::=-= SIGN== IS REPRESE`MNG: a a� NUitftS-=R OF PAGES �- a8- 94 DATE OF 00CUiNIENT SiGNE-(S) OTHER THAN NAME-0 ASOVE C: r31 VdilC V%•C NOTi.nY i.=_CC:%.i,CN • 22:a Ave-n'er..r..x:F.C. , :z i tam • C:r :;a ?ark. CA SENT BY:AMWEST SURETY ; 7-28-94 ;10:55AM +AMWEST INLAND EMPIRE-# i# 4 PAGR ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY _ WOODLAND HILLS, CALIFORNIA BOND NO. 003004336 PREMIUM $1,769.00 Premium Included In performance bor PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address); D J CONSTRUCTION 14730 E. FIRESTONE LA MIRADA, CA 00638 - OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 288 W. HOSPITALITY LANE, SUITE 206 SAN BERNARDINO, CA 92408 CONSTRUCTION CONTRACT Date: July 20, 1994 Contract Number: CC909 Amount: Fifty Eight Thousand Nine Hundred Fifty Nine and 00/100 Dollars (858,959.00). DescrlpGon (Name and Location): GOTHARD STREET AND CENTRAL PARK CURB AND RAMPS HUNGTINGTON BEACH CALIFORNIA BOND Amount: Fifty Eight Thousand Nine Hundred Fifty Nine and. 00/100 Dollars ($58,959.00). Signed, sealed and dated this 28th day of JULY, 19114. By, IsEE NEAT 1--i pea fenr♦s ArJD CGNEVIONa) SENT BYtAMWEST SURETY 7-28-94 ;10:55AM ;AMWEST INLAND EMPIRE'4 ;# 5 6 - 0 PAGE Two of Two PAGES AMWEST SURETY INSURANCE COMPANY Payment Bond BOND NO. 003004335 1. The Contracts and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors end assign to the Owner to pay for tabor, materials and equipment furnished for use in the performance of the Construction Contract, which Is inauporaled heroin by referenda 2. With respect to the Owner, this obligation shall be null and void M the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 12 Defend#, indamnifies and holds hamsless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use In the performance of the Construction Cannot, provided the Owner naa promptly notified the Contractor and the Surety (sit the address described in Paragraph 11) of any claims, demands, liens of suits and tendered delsnes of such "ma. demands, liens or suits to the Contractor and the Surety and provided there Is no Owner DefetAt. 3. With respect to Claimants, this obligation shall be null slid void If the Contractor promptly makes payment, directly of Indirectly, for all sums due. 4. This, Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct cannot with the Contractor have given notice to the Surety at P.O. Boot 4500, Woodland Hills, California 013654500 and sent a copy, or nodoe thereof, to the Owner, stating that a claim is being made turhder this Bond and, with subetanbal accuracy, the amount of ties claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, of notice thereof. to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claims stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; end .2 Have either received a rejection in wiaie or in part from the Contractor, or not reoeived within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety at P.O. Box 4300, Woodland Hills, Cahfomis 81385-4500 and Gent a copy, to notice thersof, to the Owner, staring that a claim to being made under this Bond and enclosing a copy of the previous wmtan notice furnished to the Contractor. 5. If a AMA required by Paragraph 4 Is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 8. The Surety'a total obligation shell not exceed the amount of this Bond, and the amount of this Band shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claim&, If any, under any Construction Performance Boma. 6y the Convacoor furnishing and the Owner accepting this Bond, they agree that all hinds earned by the Contractor in the performance of the Construction Contract are dedicated to sail* obligations of the Contractor and the Surety folder this Bond, subject to the Owner's prirulgt to use the funda for the completion of the work. Cortnot. The OwneThe Surety shall not oithall not liabto le to Owner, payments to gee s or noobligations on behalf f,�or otherwise have obligations tContracilor that are wo Claito mants under this Bond. 9. The Surely fheraDy waives notice of any change, Mcluding changes of time, to the Construction Contract Or to related subcontract% purchase orders and other obligations. 10. No suit or action shall toe commenced by a Claimant under this Bond other than in a court of competent juriadicrion in the location in which the work or part of the work is located or after the expiration of six months from the date (1) on which the Claimant gave the ratios required by Paragraph 4.1 or Clause 4.2.3 Or (2) on which the IM labor or service was performed by anyone or the last materiels or equipment were furrshed by anyone under the Construction Contract, whichever of (1) or (2) firer occurs. Of the provisions of this Paragraph are void or prohiblbd by law, fits minimum period of limitation available to sureties as a defense in On jurisdiction of the suit shall be applicable. 11. NOW& to the Surety, the Owner or the Contractor snall be mailed of delivered to the address specified or shown on the signature page. Actual reoelpt Of notice by Surety, the Owner or the Contractor, fwwever accomplished, shall be sufficient compliance as of ti10 data received at the eddreas shown on the signature page. 12. When this Bond has been furnished to comply with a statu" or other legal requirement In fie looallor whore the constntotiort was to be performed, any prwuslon in this Bond conflicting with said statutory or legal requiram ent shall be deemed deleted herefrom and proviaions conforming to such statutory or otlser ieyal faquiramenl shall be deemed incorporated herein. % Upon request by any person or entity appearing to be a potential, beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall parink a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entily having a direct contract with the Contractor or with a suboontrector of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to Include without limitation In the terms "labor, materiels or equipment' that pert of water, gas, power. light, heat, oil, gasoline, telephone service or rental erlulpmwt used in the Contraction Contract, arcriiteetural and engineering services regtnred for performance of die work of the Contractor and the Contractor's subcontractors, and all other Items for which a machsnic's hen may be asserted In the juriadlodw where the labor, materials or equipment Piero furnished. 14.2 Construction Contract: The agreement between Me Owner &Ad the Contractor Identified on the signature page, Including all Contract Documents and changes thereto. 14.3 Owner Default Failure of the Owner, which has neither beano remedied nor waived, to pay the Contractor as required by the Construction Contract of to perform and complete or comply vdth the other terma owed. AUN•A3002 12101 2 CA LIFORNIA ALL-PURFO CKNOWLEs7GMENT NO. s5.- F. Si_:E Of G^%LiFOR:, A CGun'y of cax, G_a�honr.r�- On 7 -n9;3 -9S/ beffore me, TAl,.2.l, PONT!, NOTARY FUSLIC C.:: _ N:.:a:, ii:..: C- _: = C:.4 • = -'.:•:•a =Ce. vC::.:,Y FL:'_C- rg 'l� d PHILIP E. VECA pE ons: � appeare - ' N:-' tEd51 CF S;was(si C," personally kno,,vn to me - OR - Q proved to me on the basis of Satlsiactofy e,/idcnc- to be the person(.$) whose name(g) is/4,ce subscribed to the within instrument and ac- knowledged to me that he,/`sAAA-" ,v executS-1 the same in hisAhisrt d" r authorized Tk�,:` �A PONTI r�s ca �cit� and. that b his/'. PiOTA ti' PUBLIC - C� l't� i3:Kil! E sianature(t)- on the instrument the person(), = �; . ORANGE COUNTY .,,.o•. My Commission Expi.esJan.14,1996 or the Entity upon behalf of which the person(t) acted, e :Ecuted the instrument. Wl i NESS my hand acid o-1�►cial sesI. JAM-/?(7 P(Y-YIL, TRY OPTIONAL 1 ircuch the dal=- be!cw is not required by Ivu, R miv prcve vzivabi-e to perscris r-allying cn the dccufnant and Cculd pr:`/c't fraL:d;:l-=nt ra-==chrnent of this fatal. CA PACI i Y CLAIMED BY SiGNER DESCRIPTION OF ATTACHED DOCUMENT C INOIVICUAL C COPPOSATE CFF.CER C FAnTNcn(�) [l LIAJI T ED CI GENERAL Aiii OF.NEY-IN-FACT C T-.US i -==fs) C Gc1r.,?Ci.;wCGrrS=;VATOn C or =. SiC-N_= IS REPR=SE`Mi NG: CA TITLE LE OR T+; =E OF OCCUMEN-i NWASE-' OF PAGES DATE OF DOCUNIE�IT SiG,VE=(S) OTHER THAN NAMES A=OVE C: • 22:3 n':r-a:1.ve.. F.C. -ccs 7124 • Car -;I ?art, C.+ 0301 G®aa®a000 a®GaaIOGWA) �®WJIUM3130DMU131313DCU 30CMU E103103MOMMO a®aaL7 1 oaa1 >! i o �a ® aaaanaa _�6 aaaaaaaaaaa aGaaaa�aaaa�Ca®aka®aa®®®®®®a®aaDaaaaaCCaaaaDa®®a®a®®aaaa�a�ooaa®OCa®a®aa®aaa®a®a 130U ,®®a®®a®®®a®®®® a®®®a®®®®®®®®®®®®a 00=013a®®®a®13®®®® 7 IIE�1�911©II®IL©IIBIQIa ®IILJaL91L91151d C11 1[[[[ 11311�1(� •tJ's-... 13'7'9V'- �-',.�,VO.i0+"C>W � _�Q!n. �'. �✓L�':1'0, ): :L-C;�lJ .. f� "'L ( '-,;-0.00e-0cri " 'J'e()�eCt'�cC'4'4•J'OOG'Cr�JC)4t1'r� NOT VALID FOR BONDS POWER NUMBER ' 3 EXECUTED ON OR AFTER ,� 61 E 0�7348C� 7-14-95 This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised 61 ti seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This E= Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made E. by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California 7 corporation (the"Company"), does hereby make, constitute and appoint: f; SHERI M. DANISH 13 ?HILIP E. VEGA r 130 JAY P. FREEMAN OgY AS EMPLOYEES OF AVERBECK IgSURANCE BROKERS 93B �9 �G a a 0�a 6 its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company as surety o�a 000 ®aa to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, an 1301 recognizances or other written obligations in the nature thereof as follows: on Do ®®f Bid Bonds up to $*-v**500,0)0.00 �� ® Contract (Performaice & Pafinent), Court, Subdivision $M*1,000,000.00 g®aa 1®� a®®®` a®a� License & Permit Bonds up to $_-***•I-10,000.00 011 peas a®® a `4isceLLaneous Bonds up to S�YM:=�10 000.00 a®®® `' • aaaa a®®® ' �a®® a®®® a®®® 4 aa®®a a®®a a®®®® :21323 E'_ a®®®a 5®®® y a®®®a 30093 E; ®®aa® aC OU and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the a ®a®®® ®®®®® 31300 Company. which are now in full force and effect. ®®®®® a®®® := o ®aa®a 210a® aaa©= CERTIFICATE ®®®a® ®aaa® ®®® F Y• a®aa® a©@a 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, 3©a® as®®� DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked „ ®®®0® ®®©a® and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant ®®®®® _aa❑© _y provisions of the By -Laces of the Company, are now in full force and effect. 4 a®a®a a®aa® ❑o C© `- ©®®©® Uaaa aaa® O000040 Bond number Signed and sealed this day of 19 ©®®0® ti pOpt oo�aaoop0 � e r� OO o0000000 00 �C1 0000373480 - 61 o®�o� ®11100a F 95-2678392 ONTAR)aDa •� ;, Karen G. Cohen_ Secretaryfit ®CI]�®� ` Dp•F Ae i0p P o �''c 00 O ❑o ❑©D❑O ®©©®©®®®®a®®®®®®13013 ©a❑o ®❑© ®ooc°o emu- --emu p000 a' ®aaaa O �ppD O a - aaoao *Don ©©©© ©© 00000 I INSURED D.J. Construction 14730 E. Firestone, #301 La Mirada CA 90638 COMPANY B LETTER COMPANY LETTER :......................... COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .......: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .....................................................................................................................................:........................................................................................................................................................... CO LTR: : TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ' POLICY EXPIRATION LIMITS DATE(MM/DD/YY) DATE (MM/DD/YYI GENERAL UABIUTY : GENERAL AGGREGATE f 2 , 000 , 000 A :..... - g COMMERCIALGENERALLIABIUTY :NSA 1631490 03/17/94 03/17/95 ........................................................................................ PRODUCTscOMP/OPAGG. f 2,000,000 ....._ CLAIMS MADE: g OCCUR. _ .-PERSONAL . d ADV. INJURY ; f 1, OOO, OOO $ : OWNER'S & CONTRACTOR'S PROT. ....................................................................................... EACH OCCURRENCE f 1 , 000, 000 ... PRE .....-..-....._ .`......_.. 50,000 ................................................: : MED. EXPENSE I" one persk ....................................... f 10,000 AUTOMOBILE UABULITY COMBINED SINGLE f 1 00O 000 A ` ANY AUTO NSA 1631490 03/17/94 03/17/95 _..: uN'IT ALL OWNED AUTOS _............_....................._......:.........._....._ BODILY INJURY .................. g SCHEDULED AUTOS .......... _ (Per person) S g HIRED AUTOSBODILY g .. NON -OWNED ALTOS ........ (Per accident)RY :S GARAGE LIABILITY : ,. •. .:_ ...... .................................................. ............................ ........: V ` -PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM ................................................. '............. ....... GGREGAE 5 OTHER THAN UMBRELLA FORM "''. WORKER'S COMPENSATION STATUTORY LIMITS ...................................................................... ... .................................... . AND .EACH ACCIDENT S ...................................................................................... - : DISEASE— POLICY LIMIT f EMPLOYERS' UABIUTY.............. ........ ............... ........... ...-... ................ .... .... ...- DISEASE— EACH EMPLOYEE S OTHER * 10 Day notice for non-payment. DESCRIPTION OF OPERATONSAACATIONSNE34CLU/SPECIAL ITEMS Certificate holder is addl insured as per Cg2009. CERTIFICATHOLDEW'-CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL W6E�.M6ii�'b� MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT, P O BOX 190 nc !yv vl1 n I1m.i Tv A ■ I� !'Tl Tr .r _ 2000 Main Street Huntington Beach CA 92648 AUTH607ZFD REPRESENTATIVE- L-7 0J., L�-U, ACORD 25S 17/90) `® ACORD CORPORATION 1990 �- Narned Insured C. Construction " POLICY NUMIBER: NSA 163 1490 100MMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): City of Huntington Beach, its agents, officers, and employees P 0 Box 190 2000 Main Street Huntington Beach, CA 92648 Premium Basis Rates Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) S Total Advance Premium $ Location of Covered Operations Gotr:ard St. s Central Park C1irbRams Advance Premium (If no entry appears above, information required to complete this endorse,ne_ t v:ill be shown in the Declarations as applicable to this endorsement.) 1. �' c "N INSURED (Section II) i5 amended t0 (a) Ali work on the project (other t+lan 1�H� I h include as an insured'he person or organization service, maintenance, or repairs) to (called "addi tioi+al insured") shown in the Sched- Fe performed by or on behalf; of the uIe but Only with respect to liability arising OUt OT: additional insured(s) at the site of the A. "Your work" for t'-:e additional insured(s) at covered operations has been con, the location designated above, or pieted; or B. Acts Cr omissions of the additional insured(s) (b) ..at portion of "your work" cut of in C^vr neCtiCn "? their general su'pervisiCn whlCh the injury or damage arl S h25 Of your work' at the location shown in the ---n Put to its intended use by any schedule. person or organization other than an- t 2. With respect to the insurance afforded these addi- tional insureds. the following additional provisions apply: A. None of the exclusions under Coverage A, except exclusions (a), (d), (e), (f), (h2), (i), and (m), apply to this insurance. B. Additional Exclusions. This insurance does not apply to: (1) "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply . to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. (2) "Bodily injury" or "property damage" occurring after: otner contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (3) "Bodily injury" or "property damage" arising out_ of any act or omission of the additional insured(s) or any of their ern, plovees, other than the general supervi- Sion of work performed.for the additional insured(s) by you. (41 "Property damage" to: (a) Property owned, used or occupied by or rented to the additional insured(s): (b) Property in the care, custody, or con- trol of the additional insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 �7 DATE: Wednesday, June 1, 1994/2:00 p.m. ENGINEER'S ESTDIM $53 , 492 _ PROJECT ENGINEER Larry Taite JOB TITLE AND CC #: GOTHARD STREET sidewalk and Central Park Curb Ramps; CC-909 BIDDER'S NAME TOTAL BID MDUNT 1. Alpha Omega Builders . O 00, 2. ANCON 3. B-1 Builders 4. Civil Works Corporation 5. D J Construction Jr� 5Y. 0 6. Damon Construction 7 7. L A Engineering 8. L and T Enterprises O 9. Nobest Incorporated 65- Y % ; 10. Reginald Engineering 11. Universal Constgpction �� CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND D. J. CONSTRUCTION FOR GOTHARD:STREET SIDEWALKS AND CENTRAL PARK CURB RAMPS 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 6/3986/curb/07/13/94 • 0 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND D. J. CONSTRUCTION FOR GOTHARD STREET SIDEWALKS AND CENTRAL PARK CURB RAMPS THIS AGREEMENT, made and entered into this 1 Rth day of AUGUST , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and D. J. CONSTRUCTION, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Gothard Street sidewalks and Central Park curb ramps 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, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 6/3986/curb/07/13/94 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; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 2 6/3986/curb/07/13/94 • • 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 Fifty Eight Thousand, Nine Hundred Fifty Eight Dollars and ninety cents ($58,958.90), 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 eighty (80) 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. 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 3 6/3986/curb/07/13/94 • 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 6/3986/curb/07/13/94 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 5 6/3986/curb/07/13/94 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) 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 6/3986/curb/07/13/94 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 6/3986/curb/07/13/94 0 • 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 6/3986/curb/07/13/94 • • 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 9 6/3986/curb/07/13/94 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 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 10 6/3986/curb/07/13/94 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 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 11 6/3986/curb/07/13/94 Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 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 12 6/3986/curb/07/13/94 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING -PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 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 6/3986/curb/07/13/94 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. D. J. CONSTRUCTIO By:, Sarno, ATTG�1�'i�LG City Clerk REVIEWED AND -APPROVED: City® ministrator 14 6/3986/curb/07/13/94 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: ity Attor ey INITIATED AND APPROVED: Direct of Public Works M�� E 4= co, UP ca, El RECEIVED CITY CLERK CITY Zlf HUNTINGTON �FACH, CALIF. .dux 1 '2 of PM '94 71 SECTION A NOTICE INVITING SEALED BIDS for the GOTH kRD STREET SIDEWALK and CENTRAL PARK CURB RAMPS CASH CONTRACT No. 909 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on June 1, 1994. Bids will be publicly open in the. Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a $14.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10 % retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 f�. C� No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 % of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the day of M a i g Attest: Connie Brockway rel MdralMCA W61M111*•J1"$12::11,24" W" A-2 SECTION A NOTICE INVITING SEALED BIDS for the GOTHARD STREET SIDEWALK and CENTRAL PARK CURB RAMPS CASH CONTRACT No. 909 in the CITY OF HUNTINGTON BEACH l�ia�zd�5�5/9'� PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on June 1, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a $14.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10 % retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 G,S No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 % of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the day of MT/ q� Attest: Connie Brockway A-2 OFFICE OF THE CITY CLERK CITY OF HUNTINGTON.BEACH 2000 MAIN STREET/P. O. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 Multifax Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** FAX NO. PHONE NO. FROM: NUMBER OF PAGES (INCLUDING COVER PAGE) DATE SENT: ��� TIME SENT: 3 . AM/eM OPERATOR'S NAME &a4v/ PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 COMMENTS: CHARGE FOR TIES MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR GOTHARD STREET SIDEWALKS AND CENTRAL PARK CURB RAMPS 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 SAMPLE 6/agree/curb/03/29/94 94-180 • r�L SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR GOTHARD STREET SIDEWALKS AND CENTRAL PARK CURB RAMPS 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 Gothard Street sidewalks and Central Park curb ramps 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 6/agree/construct/03/29/94 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 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 6/agree/construct/03/29/94 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 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 6/agree/construct/03/29/94 • • 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 6/agree/construct/03/29/94 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 5 6/agree/construct/03/29/94 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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 6/agree/construct/03/29/94 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 6/agree/construct/03/29/94 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 6/agree/construct/03/29/94 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 9 6/agree/construct/03/29/94 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active 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 10 6/agree/construct/03/29/94 • • 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 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 11 6/agree/construct/03/29/94 • • Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 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 12 6/agree/construct/03/29194 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United -States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 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 6/agree/construct/03/29/94 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. 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 City Adinilnis-06'('- CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: Attorney o.q4:Z;- 5 — s� INITIATED AND APPROVED: .Fo ✓ Director of Public Works 6/agree/construcV03/29/94 14 0 CJ PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 1 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: May 12, 19, 26, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 26 199 4 at Costa Mesa, California. J Signature PUBLIC NOTICE SECTION A NOTICE INVITING SEALED BIDS for the GOTHARD STREET SIDEWALK and CENTRALPARK CURB RAMPS CASH CONTRACT No. 909 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on June' i, 1994. Bids will be pub- licly open in the Council Chambers unless other- wise posted. Copies of the Plans, Specifications, and con- tract documents are avail- able from the Office of the Director of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92648, upon paymenTol a $10.00 nonre- fundable fee if picked up, or payment of a $14.00 nonrefundable fee if mailed. Any contract entered into I pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions t of the Labor Code of the f State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex- ecute the contract shall be i those determined by the Director of Industrial Rela- tions of the State of Califor. nia, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby of 1 firmatively ensures that mi. nority business enterprises will be afforded full op- portunity to submit bids in response to this notice and will not be discriminated' against on the basis of race, color, national origin, ancestry, sex, or religion In any consideration leading to the award of contract. No bid shall be consid- ered unless it Is prepared on the approved Proposal forms In conformance with the Instructions to Bidders. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond made pay- able to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed In ac- cordance with the pro- visions of the Business and Professions Code and shall possess a State Contrac tor's License Class at the, time this contract isi awarded. The successful: Contractor and his subcon- tractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all I bids, to waive any Irregular- ity and to take all bids 1 under advisement for a maximum period of 60 days. if BY ORDER of the I' CITY COUNCIL of the a CITY OF HUNTINGTON r. BEACH, CALIFORNIA, a the 4th day of May, 1 1994. t Attest: If Connie Brockway CITY CLERK OF THE i CITY OF HUNTINGTON BEACH Published Huntington t Beach -Fountain Valley In- dependent May 12. 19, 26, 1994. 052-633 'I'Ut3LIG f`4U114E li, SECTION A. PUBLIC NOTICES . NOTICE INVITING. - CITY OF '' SEALED BIDS HUNTINGTON BEACH for the PUBLIC NOTICE I; (HEREBY OOTHARD.STREET- 'GIVEN that ;th( SIDEWALK and CITY' OF HUNTINGTOF CENTRAL PARK BEACH, as. AGENCY, • in CURB'RAMPS vitas sealed bidsfor the CASH CONTRACT above=stated project ani No. 909 In the- i will receive such bids ii the office of the City Clerk Second Floor, 2000 Maii Street, Huntington Beach California 92648 up to the Dear at hour -of 2:00 'p.m: on; Junef (LOT 1, 1994. Bids will be pub- iicly open '.in the' Council Chambers unless other- wise posted. , ' ' Copies, of, the Plans, Specifications, and con- tract documents are avail - LJ able from the Office of the i f� GJ'� Director ''of Public Works, Client Reference n f"—1 2000 MainStreet, Hunting-� ton Beach, CA 92648, upon payment of a $10.00 nonre- fundable fee it picked up,1 Independent Reference ,r or ' payment,. of. a $14,00,' nonrefundable fee `if' mailed. Any- contract entered ° into pursuant to this notice will incorporate the -provisions of; the State 'Labor Code: Pursuant to the provisions' of,the Labor Code of the{ State of,California, the min- imum prevailing rate of per diem wages for each, craft,t classification �'or type of+ workman needed to ex- ecute the contract shall bei those determined, by `the -Director, of Industrial Rela- tions of the State of Calif or nia, which are on file at they 'Office of the Director ofi find cli in of our Public Works,' 2000 Main, Pp g Y ad from the first Street,. Huntington - Beach,lg CA 92648. The, AGENCY will deduct a 10% retention from all progress payments. The, Changes or Corrections, please call me Contractor may, substitute! an escrow holder surety offrenlenCe . equal value to the retention in accordance with the pro- Z visions, of the California publication Will be, $ d7./ oZ Government: Code, Section '4590. The Contractor shall be beneficial owner 'of -the cooperation and patronage surety pe P g and shall' receive any interest thereon:', 'The AGENCY _hereby af- firmatively ensuresthatmi- nority business enterprises will be ,afforded 'full . op- portunity to submit bids in Sincerely, ' Judy tong Manager Legal Advertising Manager companied' by a certified check;' cashier's: check, ,or bidder's bond made pay- able to the AGENCY for an amount no less .than .10% of the'amount'bid.. The, successful_ bidder shall .be licensed in ac- cordance with ` the pro- visions of the Business and Professions Code and shall possess a State Contract toi's License Class at the time this contract is awarded.' The successful fr possess' business licenses from the AGENCY. V The AGENCY reserves the 330 West Bay Stet right to -reject any or -ail bids, to waive any irregular - Costa Mesa, CA 'ity and .,to � take all* bids under advisement ,for a (714) 642-4321 maximum period : of 60 i FAX (714) 631-59� da -BY � ORDER- of the (CITY COUNCIL of file Bid Bonds received by: Date: ( - 7 X/ V DATE: Wednesday, June 1, 1994/2:00 p.m. ENGINEER'S ESTIMATE $53,492 PROJECT ENGINEER Larry Taite JOB TITLE AND CC #: GOTHARD STREET sidewalk and Central Park Curb Ramps; CC-909 BIDDER'S NAME TOTAL BID AMUNT 1. Alpha Omega Builders 2. ANCON 3. B-1 Builders 4. Civil Works Corporation 5. D J Construction 6. Daman Construction 7. L A Engineering 8. L and T Enterprises 9. Nobest, Incorporated 10. Reginald Engineering 11. Universal Const tion 00* BID DATE: June 1, 1994 BOND NO. NBE 018717 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we ALPHA OMEGA BUILDERS as PRINCIPAL, (hereinafter called the Principal), and NATIONAL AMERICAN INSURANCE COMPANY , a corporation duly organized under the laws of Nebraska and authorized to transact a general surety business in the StatecF Calif=ia,asSURETY, (hereinafter called the Surety), are held firmly bound unto: CITY OF HUNTINGTON BEACH as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 101% of the accompanying bid of the Principal, not, however, in excess of SEVEN THOUSAND DOLLARS AND NO CENTS----------------------------- dollars, ($7 , 000.00------- ), 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. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to.the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: SIDEWALKS AND CURB RAMPS. CC#909 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless !cgal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 31 day of May 19 94 ALPHA GA BUILDERS tYYLN� BY . —e_ Z) Principal NATIO L ERICAN INSU CE COMPANY BY, \ DENISE GOMEZ, ttorney-in-Fact • CALIPORNiA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES No.5907 on `7g before me, MARIE C. RING, A NOTARY PUBLIC , TE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared DENISE GOMEZ , NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the person(.* whose name(ar) is/mm subscribed to the within instrument and ac- knowledged to me that bm/she/Owy executed the same in ilPi:s/her/was authorized capacity(M), and that by /her/ signature(§) on the instrument the person*, or the entity upon behalf of which the y� erson(s) acted, ex cute the in trument. r6 WI ES my han an ffici I seal. ej 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 fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S). ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUME 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 NATIONAL AMERICAN INSUCE COMPANY OMAHA, NEBRASM POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETY PAPER WITH BROWN INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL AfEN BY THESE PRESENTS: That the National American Insurance Company• a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the Sth day of July. 1987. to wit: "Resoled. that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact. such persons, firms• or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign• execute, acknowledge. deliver or other- wise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relatine to such bonds to which it is attached." National American Insurance Company does hereby make, constitute and appoint BND NUMBER NBE 018717 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP ALPHA OMEGA BUILDERS 1835 Lucretia Avenue Los Angeles, CA 90026 EFFECTIVE DATE June 1, 1994 CONTRACT AMOUNT $ Approx. $70,000.00 BOND AMOUNT $ 7,000.00 Denise Gomez its true and lawful attornev(s)-in-fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf. and its act and deed, as follows: The obligation of the Company shall not exceed one million (S1.000.000.00) dollars. .And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS «HEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. AN su �tv POON q4 NATIONAL AMERICAN INSURANCE COMPANY O �r C / o SEAL go 0Y•14k W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHO A ) "e°••sr► SS: COUNTY OF LINCOLN ) _ On this 8th day of July. A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. �NpA 4i�( O� OTA� F,D r � L .It C o roe sure o� i444� e, °*, '011' �. Notary Public STATE OF OKLAHOMA ) SS: "OOl" C°°" My Commission Expires August 30, 1995 COUNTY OF LINCOLN ) I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the Cityof Chandler. py`pN HSu9q Dated the 31 st day of May 19 94 r� .GOP,ON��f tiC T C C1 O SEAL a \ a r OYAN► VElR•5�• -- /Wi nifred E. !Mendenhall, Assistant Secretary RELIA6CE INSURANCE COMPANY `�"'" HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA Bid Date: 6/l/94 Bond No. n/a BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, 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 Dollars t$ 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 Cash Contract No. 909 Gothard Street sidewalk and Central Park curb ramps in the City of Huntington Beach 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 fur- nished 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 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 12th . day of May A.D. 19 94 RELIANCE INSURANCE COMPANY hn P. Brooks, Attorney in Fact BDR-2305 Ed.10-73 RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized'under the laws of the State of Pennsylvania, does hereby make, constitute and appoint John P. Brooks, individually, of Pasadena, California, its true and lawful Attorney(s)-in-Fact. to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Atorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1.' The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys) -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s) -in- Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or -facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile 'seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 24 day of August, 1993 RELIANCE INSURANCE COMPANY cc t Vice President STATE OF Washington,te..Oc! COUNTY OF King Iss. On this 24 day of August, 1993 personM_M_i Lawrence W. Carlstrom to me known to be the Vice President of the RMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal , and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company,and the Resolution, set forth ther Y "NOT` y " a PU6UIC Z 71A 315-96 Notary Public in and or State of Washington X Residing at Puyallup F WAS I, Robyn Layng, Assistant Secretary of the RELIA E COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 12th day of May 19 94 , G, W r Assistant Secretary . ODR-1431 Ed. 3r93 1 n1i1+1rnin: •231 i7+�1Innninl+• 1hriI BlD BOND Stille IRS % I A +1 1W; I CONTRACTORS BONDING lant27.1 1 im N.111"Iml AND INSURANCE COMPANY 1,1.11 Qail1; 1 A Y IhnuIN11. hvillinnl im-1111led in Ilid Ilond scicitr (Indetlakinl± KNOW ALL MEN I)Y'1'111?Sli I'llFSl?N'I;S: That we, N0BBST___1Nt.a)Rl'0KATEU as Principal. (hereinafter called Ilie" Principal"). and ('oulraclol:s Bonding and Insnlancr ( 'Irin1any of scall le. Wash ilip (IIn, :l col ptitaliiill duly organized under the haws of ilie Stale of Washinglon, as Surety, (hercillaflel called the "Surely"). ate hell) liltilll• hinnul 1111111 ---------_---_-,-- CITY..OF-HUN.TINGTON. _BEACH_ ---.-_-. - ----.-------_----.-----___.... _....._ as 1)hligee, (hereinafter called 1I11 "1 )hliki r"1. in the sum of --------TEN --PERCENT .OF _THE ..... ):0. 'AL_.APtOUNT_.O.L. Tll)-" li 1 1) nc►t tuexceed____-� TEN PERCENT OF THE TOTAL AMOIUNT_OF THE BID �$ 10% _ 1, for the payment of which sum well and billy 111 he made. the said Principal and the ;nid "111clY. billd -lurselves, our heirs, executors, adminishators, successors and assigns, jointly :1nd sevelaliv. lirtnly I,y these presents. WHEREAS,the Principal hassu�mittedahidfor_ - __ _, GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS CC NO. 909 NOW, THEREFORE, if the Obligee shall accept Ilie hid of the Principal and Ilie III incipal shall enter into a contract will) the ( )hligee in accordance with (he terms of such hid and give such hoed or bonds as may he specified in the hidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payinenl of labor and material in the prosecution thereof, or in the event of the failure of the Principal In enter into such contract and give such hand or hands, if the Principal shall pay to the Obligee the difference no(to exceed the penalty hereof between the aniount specified in said hid and such larger amount for which the Obligee may in good faith contract with another party to perform (lie work covered by said hid, then (his obligation shall_ Ite null and void, otherwise to remain in full force and effect. Signed and sealed this !_ 24TH_ Wiulcss Williess C325d-Ir1aM, 9.75 199717 Printed in cooperation with the American 1lrarilme of Archhecly (AIA) by 0,111tacbns Banding and Insurance Company. The Imlgunge in Ihi� document conrmint evncdl• to ihr Ian juage need in AIA Document A-11(l, Felimmy 1071)(°dililm 1140 dayof_--.- __ . _ MAY. --- NOBEST I.NC011110RATI-1) By ��inlraclol _ - LINI)A 1). COATS, __n.u.Iv _94---• Athlnlr•1• in In-1 nn•n Itnl o+ r not 111111 State of California County of Los Angeles On 5/24/94 before me, Date personally appeared CMUSTOPBER J. COATS, NOTARY PUBLIC Name, Title of Officer - e.g. "Jane Doe, Notary Public" LINDA D. COATS Names(s) of Signers) 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, M -a�,,,a N�N�Ht•1 ff•H�H� CHRISTOPHER I COATS COMM. #969482 N N i NOTARY PUBLIGCAIJFORIIIA . m Q ' LOS ANGELES COUNTY My cwrn. Expires July 15,19% 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) 7'ille(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) —Attorney-in-Fact _Other KWOWALL MM RY IMAM PPA9W SthatCdJTRAC nQQAnMNG AAD INWRANCEand-66m underthefore otters 9elsof Washmadon. and haunaihorindeloffrs i3SmH a, Icatg Cou ft Washington, does by theca presents melre, cornflute and eppoiat L) N ll A D. C U R T S d L A U U N A N L U U C L , U A beer true andInufulattarrsyirtect,withfullpowerandaulhotilyherebyconlerredinitsrums,pieceandstand,toam&, acknowledge and deliver it* bos.Amil described above; said to bind ft Company thereby 09 Lilly and to the memo eats d as I each such bond was elgned by the President, seeled with the corporate meld the Cbmpanyand duly attested by is 9acretay; hw&y ratifying and confirming all that the r a my do inthapremises. Said ttppoinhuertismade under and byuthorityofthefollowing resolutions adapted bythe Board ofDiredarsofCONIR0.C10RSSONO ANDINSU(MNCECOftA4NYon 3 RESOLVED that the Resident is authorized to appoint as attorney-io-fad of the Comp6 j N D A D . COATS wth power and authority to sign on behalf of the Comparrythoss surety bonds which may from time to time be approved by R.L. Thiel or Barbara Thiel, in much panel sums and according to such conditions as maybe approved by R.L Thiel or Barbara Thiel. RESOLVED FURTHER that each Power of Attorney must oat forth the specific descrlption of the bond to which I applies, the name of the prinapal, the name of the obligee, the penal sun% the baud number (except for a bid bond where there is no number), the identifying number of the attorney -in fact the identifying number of the Power of Attorney, and the name and signature of RL. Thiel or Barbara Thiati and may met forth the description and amount of additional minsuranae or collateral, y aay. RESOLVEDFU14T ER that R.L.Thiel or Barbara Thiel is authorized to establish a specific expiration date for the Paver of Attorney end to modify that data from dmo to time as R.L. Thiel or Barbara Thiel damns necessary in his lher ado discretion; the applicable expiration date to be dearly sat forth in any written Power of Attorney. RESOLVEDFURTHER that, except as otherwise provided in the immediately succeeding resolution, under no ritcumstara es shoo: (a) the contract amours for army bid, psymont, psrlormency at combination payment and performance bond (Le.. a performance and paymen obligation in ane bond form) oxcoed $IAARDW if the bond is guaranteed by the Small 8usinessAdminimtration; lb) the penal sum of any bond not guaranteed by the Small Business Administration (other then a bid bond which is further restricted by clause (4) exceed 39A00,D00; and (c) a bid bond which is not guaranteed by the Small Business Administration be executed for a job whore, if the coabad i a awarded, the bond penalty on any parfommence band, payment bond, or combination performance and payment bond (iAL, a performance and payment obligation in one bond form) to be executed pursuant to the bid bond is to exceed $31AII0,000. RESOLVED FURTHER Ihal the above nomad Attomay i n4ad is granted power and authority to exceed the applicable pan at limits set forth in the immsdately procadng resolution for any bond in an amount equal to the smourd of any additional mans umnu or of any cash, letter of credit ar other security mooNed as wDaterel security by the Company as inducement to issue the bond so long as the description and amount of additio nal minsur once or collateral are ast f oath i s the Pourer of Attorney_ RESOLVED FURTHER that the authority of the Secretary of the Company to certify the sufherdicity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby delegated to the follounng persons, the signature of any of the following to bind the Company with rasped to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: RL Th ial, Barbara Thiel o r Ann Cro ul. REBOLVEDFURTHER that the signatures (induding certification that the Power ofAftomey is still in face and effect) of RL. Thiel or Barbara Thiel, and Notary Public, and the corporate and Notary seals appearing on any Limited Povor of Attorney containing this and the foregoing resolutiona as well am the Limited Power of Attornsy itself as well as its transmission, maybe by tocsimile; and such Limited Pourer of Attorney sholl be dammed on original in allies pods. RESOLVED FURMBR that aft resolutions adopted prior to today appointing the above nomad as edomey-infad for the Company are hereby superseded. IN WITNESS WHEREQF.iCQNJi�ACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by R.L. Thiel and Barbara Thiel, and its corporate seal to be hereto affixed 11 �� tt11 YY �� bey 77 By; -- RL. Thief STATE OF CALIFORNIA — COUNTY OF ORANGE CONTRACTORS BONDING AND INSURANCE COMPANY "``►, _ M. 1 ���agPOR�m�tjchr • ' b r ; gaa Thiel SEA r`ugsH On 1 / 0 4 / 9 3 , before me, Yolanda Z Naga, a Notary Public in and tar the State of California, County of Orange, personally appeared P.L. Thiel and Barbara Thiel, personally known to moto be the persons whose names so aubau ibal to the within Limited Power d Aloney and acknowledged to me that they executed the same in their acthorized eapacties and that by their signatures on tha Lim red Power of Attorney CM executed the Limited Power of Attorney. bV WITNESS WHEREOF, I have hereunto set ayon o cusea t ar ova written. Gny YOLANDA Z. COMM. 11DIG516 Noloty PuWlc — Cookirr fO ORANGE COUNTY Y Corem- Esyreef7EC 2.1991 � Notan PA The undersigned, sling under authority of the Board of Ufredom of CONTRACTORS BONDING AND INSU BONDING AND INSURANCE COMPANY, that the above and foregoing is a fut4 true and correct copy of the Power of Affornoyis still in force and alfad. GNIBI under�n q#npQ, ei q u Hill s , C A this 24. * NPANY, hereby qftitpfs or in lieu of Cedificate of the Secretary of CONTRACTORS Pourer of Attorney le ad by said Company, and does hereby further certify that the said _— dayof _ MAY -----_ 9 4 A11431tNI599) BID DATE: June 1, 1994 BOND NO. GE5603452 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we HI TECH PRO CONSTRUCTION COMPANY as PRINCIPAL, (hereinafter called the Principal), and GULF INSURANCE COMPANY , a corporation duly organized under the laws of Missouri and authorized to transact a general surety business in the State cf Califf=iaas SURETY, (hereinafter called the Surety), are held firmly bound unto: OF VLTJTINGTOV BEACV as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of SIX THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS dollars, (S 6, 500.00------- ), 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. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: SIDEWALK & CURB REPAIRS. HUNTINGTON BEACH, CA. CC909. NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance :vi,h the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, andior for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless !ogal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 27th day of May 19 94 HI PF CO TRUCTION COMPANY BY I Principal G NSURANCE COM BY' DE SE GOMEZ , - =Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of LOS ANGELES On gun 'i I cR 7 . before me, MARIE C. RING, A NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared DENISE GOMEZ NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the person(* whose name(s) is/axe subscribed to the within instrument and ac- knowledged to me that ke/she/bmy executed the same in kpis/her/kuDix authorized capacity(M), and that by /her/ signature(§) on the instrument the person*, or the entity upon behalf of w ich the person(s) acted, ex uted he inst ument. tNEmy han an o 'cial seal. - $�8JL OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑x ATTORNEY -IN -FACT ❑ TRUSTEE(S) . ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) . DESCRIPTION OF ATTACHED DOCUME 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 t GULF INSURANCE CONY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Compam on the loth day of August, 1993, to wit: "RFSOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attornev constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers w executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint NUMBER GE 5611452 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP HI TECH PRO CONSTRUCTION 23011 Moulton Parkway, Suite #E-10 Laguna Hills, CA 92653 EFFECTIVE DATE June 1, 1994 CONTRACT AMOUNT $ Approx. $65,000.00 BOND AMOUNT $ 6,500.00 Denise Gomez its true and lawful attorney (s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN 11'ITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. `aSURANCF CO GULF INSURANCE COMPANY J UO�aPORgT� ?�A 7 SEAL yigSO\) (/V STATE OF NEW YORK ) Christopher E. Watson SS Executive Vice President COUNTY OF NEW YORK ) On this 10th day of August, 1993 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the Executive Vice President of the Gulf Insurance Company, the corpora- tion described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ti ` Grimm f1rL� � NOTARY o a '01iBor- Qr Y7janene M. Brando yo No.30-4979591 STATE OF NEWYORK ) OF NE`N Quaed in Nassau County SS My Commission Expires April 1, 1995 COUNTY OF NEW YORK ) 1, the undersigned, Senior Vice President of the Gulf Insurance"Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. D,39ANC,e C Signed and Sealed at the City of New fork. j �a6OPPORq <t o'0 SEAL Dated the _ 27th day of May , 19 94 ►fjsSO%) P Lawrence P. Miniter Senior Vice President ti * BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, LGT ENTERPRISES (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 as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (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 "GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS CITY WIDE - CASH CONTRACT NO. 909." in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of saidiwork as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 26TH day of MAY , 19 94 LGT ENTERPRISES WAS CHAEL A. CZIGLEY COMPANY Attorney— in —Fact Gene rat- Y • y WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Comapny, 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 AND MICHAEL A. QUIGLEY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s)-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 S2,000,000.00 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 seat affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIto MONY Y�f�ik�T Afro SE6tq�uthorthe ized officer,ton this 1st day of Jl Insurance anuarys 1994 sad this instrument to be signed and its corporate .`tea;' '•�9 �'� GTON NTE NATIONAL INSURANCE COMPANY • ��4l�p . a•: + • 3 S n An rson, Vice President STATE OFIIjQi$)'•• COUNTY OF CNkI111111111% On this 1st day of January, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TEST INOW-4lMEffe C'ri a .[ t se hand and affixed Official Seal, the day and year first above written. °oFFfcfa�e" "" CHR.ISTINE ZARETSKY I '7 Notary Pu'lalit, State of Illinois :=ZALI istine Zarets y, N tary Pu is MY Comm4a:on Ellp:ros 10-7-96 Commission E�ires ctober , 1996 CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated the'�6TH day of MAY 19 9- Lewis M. Moeller, Secretary A...'Amwest Amwest Surety Insurance Company WOODLAND HILLS, CALIFORNIA Know all men by these presents: D.J. CONSTRUCTION BOND NO.: 0304879 N/A PREMIUM: BID DATE: 6/1/94 PUBLIC WORKS BID BOND That we, (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of TEN percent ( 10 %) of the bid amount, but in no event to exceed FIVE THOUSAND FOUR HUNDRED & 00/100--- Dollars ($ 5,400.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for _ GOTHARD SCHOOL SIDEWALK AND CENTRAL PARK CURB RAMPS NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 27TH DAY OF MAY 19 94 /A_ UN•A3017 (3/90) n • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA On before me, TAMRA PONTI, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER . E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared PHILIP E. VEGA NAME(S) OF SIGNER(S) ' Cx personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(A) whose name(g) is/am subscribed to the within instrument and ac- knowledged to me that he/ agy executed the same in hisM1vX*6Xr authorized _ capacity(), and that by his/IWXkr TAMRA PONTI signature(4 on the instrument the person(s), COMM. #952s>3 m or the entity upon behalf of which the CL - NOTARY PUBLIC - CALIFORNIA M w :��� oRANGEcouNiY erson(g) acted, executed the instrument. Q MY Commission Expires Jan.14,1111 WITNESS my hand and official seal. Lou - 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER I TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ) ❑ GENERAL t (� ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑. GUARDIAN/CONSERVATOR ❑ OTHER: `) - Q k) _ Q q DATE OF DOCUMENT SIGNER IS REPRESENTING: ------ NAME OF PERSON(S) OR ENTITY(I ) - 17 Am 1 g f o& 1 v-1-�%c1_—<0 SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 @@lam@@� G10@10®G@®G@GGG@ @@@@ 7�Q7a 0°1 130y30000CIODObO3DO i i ac i 1 WE °00o30oD30 11 12131313 3@@00@0@@@@0@@Q@0@@@@@@®0@@@00000000000000000000@00@@@@@0@00@@@0@0@00@@00@@@00@@@ 2®®®0®0®0®®®®®®®®@ ® m n ®0®®®0@®®®®00®®®®0 =0-t0@13®®®®®®®0®@®�t�I, y 1r'I mI'1'tlry ®ry al=0C000@@®®0®®®0L4+JI�IUJI�LWLJLII©IL'JIL-tIL91�'!11'�10191tg1®LIrBI r' nr { Iy r' 'fitIt1 r I�1r'1 �tI qe®®®®®®®®®®®®®®®®@i® �IL�IIliIGI�L�I�UI�I�IIILSlIL�IIdII�I�1iIL�IL�ILwu LWll�l�l Ilil®®®®®®®®®®®®®®®®®® c_41 t^- .. -': .+P ,. .�'✓ ..` 4.__.(v- , .. a.."-r. v'u J... ... _"l=J �'..W4'l.'•vlu l7` -� L. 'f;}._ � r. €, NOT VALID FOR BONDS POWER NUMBER, EXECUTED ON OR AFTER -55 A- ^ „ -03-95 030,.. . 0t: This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised C� seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This :', Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used, -'- in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made," 13 _ by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection : with any bond issued by the Company must be on this form and no other form shall have force or effect. _ .:'. ®®G KNOW ALL MIEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California-- corporation (the"Company"), does hereby make, constitute and appoint: SHERI M. DANISH 08 PHILIP E. - = = VEGA13 13 JAY P. FREEMAN Opp 1313 AS EMPLOYEES OF AVERBECK INSURANCE BROKERS CF ONTARIO, CA rf ' all130 130C ®0 _- Do - its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety,'::'_:,'_ . to deliver the the Company thereto if is bonds, @ @0 execute, and affix seal of a seal required on undertakings,_',P_ ®®® ®®� recognizances or other written obligations in the nature thereof as follows: : ®® E..13 300 = 3i d Bonds up to $rr 1*5 00,000 .00 ::T; Contract (Performance Court, ®� ®®13 6 Payment), Subdivision $Y*1,000,0.00_-4�_0@� ®® License & Permit Bonds up to $***,* '10,000.00 -_ ` '�130®® @ ®®® Miscellaneous Bonds up to $YYYMY10,000.00 .-=': 000 = = =.-d ®®®® ®®®all 0®® _ ..i ®®®®® ® ®®® - __ ; c 131313 as13013 ®®®®® 000 ®®®® CS S `s ®1308313 2013 _ _- DR= and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the':: . 0 a a ®®®® 01313®® 000® Company. which are now in full force and effect. - _' ®®®0® © = CERTIFICATE :_ @®®@® ©9G `; - 00000 .12 I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, ' ®®@@® ❑Io] DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked " : 00®0D and furthermore, that the resolutions of the Board of Directors set forth on the reverse and that the relevant a t 0®®0® ®®®0® �C provisions of the By -Laws of the Company, are now in full force and effect. DC1C� = ®®®®® 0304879 27TH MAY 94 ®©®®© 000000 Bond number Signed and sealed this day of 19 Op3O N ®®©C® pOp04a0 C1 C1 pOpOo�p� ¢eooQ_O�V o 0000304879 - 5 5 :' ®0®L0 000C© F 95-2678392 ONTq"R00®n Karen G. Cohe n ®®=0 033 VSecretar) �O�O 0 06OC•F ��°O°O 0 0 t Canoga Po:oii Woodlandti dovo000 @�®000 Z0130040p0� 0 ©o 0131=10 W 0 SECTION C PROPOSAL for the - GOTHARD STREET SIDEWALK and CENTRAL PARK CURB RAMPS CITY WIDE CASH CONTRACT No. 909 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or -lump sum prices bid include all appurtenant C-1 expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. e4� gIJ Accompanying this proposal of bid, find `�— in the amount of $ /G o 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: C-2 *ROJECT BID SCHEDULE 1 133 Remove Curb & Gutter lin ft @ 7 Dollars 3-� S zJ �� Cents Per lin ft 2 1597 Remove Dri� @ Dollars � — Cents Per sf 3 1264 Conk Commercial Driveway Per Std. 211A & 211 B sf @ Dollars sl as $ $ Cents Per sf 4 785 Const. Residential Driveway Per Std. 209 sf @ Dollars o ��- Cents — Per sf 5 5 Conk Curb Ramp Per Std. 212C _ ea 0 @ . �7 U,11-d ed tle_-, Dollars — $ Cents Per ea 6 27 ea Const. Curb Ramp Per•Caltran Std. NSP A88, Case C @ S - ' nt !S'Lr Dollars Cents Per ea 7 10256 Conk P.C. idewalk Per Std. 207 S sf @ Dollars Cents Per sf 8 120 Const. 8" Curb Face Back of Sidewalk monolithic with sidewalk if @ % Dollars _ Cents Per if 9 1 Modify Business Entrance Per De "A" 7wY LS @ � to 1.4 5 --W �-�Alollars — 3� S d 0 3 -S $ _ $ Cents Per LS C-1s OROJECT BID SCHEDULE • @ Dollars Cents II 12 13 _ @ Dollars dPR%kl$ $ II 14 $ qqbk6—•- 1 $ •— 11 15 @ Dollars $ Cents 1141 Per Total Amount Bid in Figures: $ •5-6 sF3 Total Amount Bid in Words: F � 4� ��.-sa �.. o ., F�� ............................................................�-' �..I € ............... z......... C-2s 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. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 • E NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange O , peing first duly sworn, deposes and says that he or she is 1 Of a party making the foregoing bidthat 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. I 1/73'a �C�r �s�i•,_a 30/ �'Ic- 4- 9oG 3 8 ess o i er Subscribed and sworn to before me this day of , 19_. NOTARY PUBLIC NOTARY SEAL C-4 CAWFORNIA ALL-PURPOSEMPI(NOWLEDGMENT No.5907 CountyState of • I On ! before me personally appeared personally known LETICIA CISNEROS i COMM # 972180 CALIFORNIA W : �p>a' „� NOTARY PUBLIC - LOS ANGELES COUNTY ' Ay Commission Expires Aug. 26,1996 ee+�N Tvivr_ w w ( r (,v NAMES) OF SIGNER(S) to me -.-ip-Ld to me on the bases of satisfactory evidence to be the person(-e) whose names) is/awe subscribed to . be the within instrument and ackowledged to me that he/may executed the same in his/ authorized capacity(iis), and that by his/fir signature(z) on the instrument the person(e-), or the entity upon behalf of which the person(M-) acted, executed the instrument. 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 11Q INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE O PE OF DOCUMENT NUMBER OF PAGES �+9� 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 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 GOTHARD STREET SIDEWALK and CENTRAL PARK CURB RAMPS, (1)(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: 5 " 31- 49,r Title 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 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 and shall submit . same to the AGENCY prior to performing any work on this contract: 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: `7 ( /_ _4, 4 , ) / c C-7 0 • UNDERGROUND 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 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: v W it e Date: j " 3 / - 9 y 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. MR BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Dusluess rkuurCSS 7/r 1 / 76 —91V I - Telephone Number G � --,9 P- 7o 4. State Contractor s License No. and Class Original ate issued 9S xpuation late The work site was inspected by X�'r'!� ��f k P of our office on The following are persons, firms, and corporations having a principal interest in this proposal: C-9 u 0 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 'Js�tk� c � SQyua Ptint or �'ignature f/730 F, FL*IA-Z,,, Address of Bidder ( 7/Y Telephone Number Subscribed and sworn to before me this day of , 19_. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years (if no public agency experience please provide appropriate references): b-r� /// s. / 9r57, Aaa, Name and Address Name and Telephone No. of Project Manager: ( j8) s 70 saia 4t5a f:z 3 /77 - �Pno �okc*ej� Q//ey y- 9s B. Name and Address Name and Telephone No. of Project Manager: % ' 0 o ,y G,n,s- , 4"'- 3. C1'.]� o-f � . ��� Name and Address CI / qJ 3 3` -Sf��/ 1��- �, wo te4'f-e-r C-10 CALIFORNIA• • (�f.�l1lllj./ltl./JlffllllYlll!!.Il/lrf.�l.�.�1fI/ll�l!f✓.._ /lfllllflflJlllllllJ1� 1� • State of /a 1 On before I OA�- ' 1 . DOE!NOTARY PUBLIC' personally appeared personally known EnaA CISNBROS iripm, COMM #972180 WNOTARY PUBLIC • CALIFORNIA QLOS ANGELES COUNTY X Coe iftslon 00M Aug.28,roo•>•�aoseo+.e.e.� to me to me on the bases of satisfactory evidence to be the person(-&) whose name(s) is/.ape subscribed to be the within instrument and ackowledged to me that he executed the same in his/'ger- b' __r authorized capacity (+es), and that by his signature(.$) on the instrument the person(�S), or the entity upon behalf of which the person(r) acted, executed the instrument. WITNESS my�iand and official seal. 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 LJ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 11 El El ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAWCONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT B�d�e�s opt .�C0yk- TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 6,1 - fel 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 jD J CONS i RUCTION �14730 FIRESTONE BLVD., STE. 301 J LA MIRADA, CA 90638 r (714) 670-8812 1 C� -Ly �( z oa a �'1 ��. ��• GOTHARD.STREET SIDEWALK AND CENTRAL PARK CURB RAMPS PROJECT; CC-909 BID OPENING - JUNE 1, 1994; 2:00 PM Total No. Item Description Quantit 1. Remve Curb and Gutter 133 2. Remove Driveway 1,597 3. Const. Commercial. Drive per Std. 211A & 211B 1,264 4. Const. Residential Drive per Std 209 785 5. Const. Curb Ramp per Std. 212c 5 6. Cost. Curb Ramp per Caltrans Std. NSP. A88 , Case C 27 7 Const. P.C.C. Sidewalk per Std. 207 10,256 8: , Const. 8" Curb Face @ Back Sidewalk Monolithic w/ Sidewalk 120 9. Modify Businesss entrance per Detail "A" 1 Total No. Item Description Quantit 1. Remve Curb and Gutter 2. Remove Driveway 3. Const. Commercial. Drive per Std. 211A & 211 B 4. Const. Residential Drive per Std 209 5. Const. Curb Ramp per Std. 212c 6. Cost. Curb Ramp per Caltrans Std. NSP. A88 , Case C Const. P.C.C. Sidewalk per Std. 207 t Const. 8" Curb Face @ Back Sidewalk Monolithic w/ Sidewalk 9. Modify Businesss entrance per Detail "A" 133 1,597 1,264 785 5 27 10,256 120 1 Unit Lin. F SF SF SF EA EA SF Lin. F' LS Totals Unit Lin. F SF SF SF EA EA SF Lin. F" LS Totals D. J. Construction Co. Unit Price Total Amount Hi Tech. Pro. Construction Co. Unit Price Total Amount L and T Enterprises Total Unit Price Amount $7.50 $997.50 $6.50 $864.50 $6.00 $798.00 $3.00 $4,791.00 $1.50 $2,395.50 $2.00 $3,194.00 $4.05 $5,119.20 $3.50 $4,424.00 $4.25 $5,372.00 $3.20 $2,512.00 $3.00 $2,355.00 $4.00 $3,140.00 $610.00 $3,050.00 $700.00 $3,500.00 $650.00 $3,250.00 $650.00 $17,550.00 $750.00 $20,250.00 $650.00 $17,550.00 $1.95 $19,999.20 $2.50 $25,640.00 $2.50 $25,640.00 $12.00 $1,440.00 $10.00 $1,200.00 $15.50 $1,860.00 $3,500.00 $3,500.00 $3,000.00 $3,000.00 $3,600.00 $3,500.00 $58,958.90 $63,629.00 $64,304.00 Nobest, Incorporated Unit Price Total Amount Alpha Omega Builders Unit Price Total Amount Damon Construction Total Unit Price Amount $5.00 $665.00 $3.00 $399.00 $8.00 $1,064.00• $1.20 $1,916.40 $2.00 $3,194.00 $2.00 $3,194.00 $3.00. $3,792.00 $3.00 $3,792.00 $5.50 $6,952.00 $3.00 $2,355.00 $2.60 $2,041.00 $4.25 $3,336.25 $700.00 $3,500.00 $800.00 $4,000.00 $500.00 $2,500.00 $700.00 $18,900.00 $1,000.00 $27,000.00 $700.00 $18,900.00 $3.00 $30,768.00 $2.50 $25,640.00 $3.00 $30,768.00 $6.50 $780.00 $15.00 $1,800.00 $8.00 $960.00 $3,200.00 $3,200.00 $2,134.00 $2,134.00 $3,800.00 $3,800.00 $65,876.40 $70,000.00 $71,474.25- Page 1 I ti APPROVED BY CITY COUNCIL 11-71S /W • @ /- DPw SST FOR CITY COUNCIL ACTION Date: July 18, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat`oi J- l , - Prepared by: �,�Ray Silver, Assistant City Administrator Subject: GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS PROJECT; CC-909 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attach Wk STATEMENT OF ISSUE: On May 2, 1994, City Council authorized a call for bids for the Gothard Street Sidewalk and Central Park Curb Ramps Project. On June 1, 1994, the City received six bids and is now ready to award the contract to the lowest responsive bidder. RECOMMENDED ACTION: 1. Accept the low bid submitted by D.J. Construction Company, 14730 Firestone Blvd. Ste. 301, La Mirada, CA 90638 and authorize the Mayor and City Clerk to execute the contract for the Gothard Street Sidewalk and Central Park Curb Ramps Project, for a total bid amount of $58,958.90; and 2. Authorize the Public Works Department to expend up to $65,000.00 to cover the contract amount of $58,958.90, anticipated construction change orders of $5,000.00 and supplemental expenditures of $1,046.10. ANALYSIS: The following Bids were received on June 1, 1994: 1. D.J. Construction Company $58,958.90 2. Hi Tech. Pro Construction Company $63,629.00 3. L and T Enterprises $64,304.00 4. Nobest, Incorporated $65,876.40 5. Alpha Omega Builders $70,000.00 6. Damon Construction $71,474.25 Engineer's Estimate $53,492.00 0 ENVIRONMENTAL STATUS: Categorically Exempt FUNDING SOURCE: 1991-92 and 1992-93 Senate Bill (SB) 821 funds in the amount of $65,000 have been set aside for the project. SB 821 funds are state funds awarded to Cities and Counties to be used for pedestrian and disabled person facilities. ALTERNATIVE ACTION: Deny approval of the project and direct staff where to apply these funds or forego $44,482 of Senate Bill 821 funding when the 1991-92 allotment expires in December, 1994. ATTACHMENTS: Project Location Map FILE: GACC909\RCA\909RCA02.DOC CENTRAL PARK CURB RAMPS GOTHARD ST. AND CENTER AVE. SIDEWALK IMPROVEMENTS VICINITY MAP N. T. S. TALBERT/NEWLAND SIDEWALKS AND CURB RAMPS GOTHARD STREET SIDEWALK AND CENTRAL PARK CURB RAMPS PROJECT CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS P;\CC91 n0N.owc