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GCI CONSTRUCTION, INC - 2003-07-21
0�a City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON ROM: Sudi Shoja, Construction Manager DATE: February 10, 2004 SUBJECT: Retention Release Payment Company Name: GCS Construction, Inc. Address: 245 Fisher Avenue suite B3 City, State and Zip Code: Costa Mesa, CA 92626 Phone Number: (714) 957-233 Business License Number:A*553-5e Aig73Wa Local Address: N/A Notice of Completion Date: December 26, 2003 Contract Purpose: Retention Release for Cash Contract 1179 / 1212 Urban Storm Water Runoff Treatment Project. _ The conformed copy of.the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices ar Ile on e s t this time. 2/C�/lit- / • � .�-' Date Robert F. Beardsley, Public I certify that there are no outstanding invoices on file. 2-11 -u N Date Director Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a a y bond has been filed with this office. /•/a'q Date Cortffie Brockway, City Clerk retention release memo.doc A••IS ORA Ot or RECEIVED BY: V (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after slgningfdating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasure%r�� FROM: �J DATE: '3 SUBJECT: Bond Acceptance I have received the bonds forr�l(�-�L�770 (Company Name) - Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. / / y � f�1. / MSC No. Approved ) Agenda Item No. (C6uncdApprovalDate) City Clerk Vault No. . �� f �L�J •_� v #27 g:Iio11owuplbond1etter doc Fidelity and Deposit Company�'� HOME OFFICE OF MARYLAND Maintenance Bond KNOW ALL IIEN BY THESE PRESENTS: BALTIMORE, MD. 21203 BOND NUMBER 08491126 PREMIUM INCLUDED IN PERFORU-NCE BOND ThatGCl- CONSTRUCTION, INC . as Principal, and the FIDELITY A__N-D DEPOSIT COMPANY o. '.%IARYLa.%-D. a corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the_ __CITY OF-HUNTINGIOv-BEACH ----------------------------------------------------- ---------------------------------------------------------------------------------------------- in the sum of _ FLIXTY =THREE_ TBOL'SAND FIVE HUND3ED _NINETv--TWO -AN'D NO[ 100 _ _ _ _ _ -Dollars, ---------- ---- lawful money of the United States of America, for the pa-yment of witch sum well and truly to be made, we bind ourselves, our heirs, executors. administrators, successors and ass: ns, joiutly and severally, firmly by these presents. Sealed with our seals and dated this ---- 12th -------------- d_3. of__FEBRUARY----------- 2004 _day of__- 2003 WHEREAS, on the____ 8th _____________________ AUGUST__ --_-_1 the said__-_ GCI, CONSTRUCTION,--INC. ----------------------------------------------------------- as contractor, enterecl. into a contract for the_ _ MR-B-A-4_ STORE!_ WATER RUNOFF TREATMENT PROJECTS URBAN ST R W TER RniOFF TREATMENT PR JECTS work required in the construction of the___________Q____�_______: Q_ for the sum of 8_06.90.09 _; and WHEREAS, under the terms of the specifications for said work. the said _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ GCI -CONSTRUCTION,-INC ----------------------- is requ:.-ed to give a bond equal to - _ _ _ _ _ _ _ _ _ -------------------- per cent of the amount of the contract to protect the_ _ CITY_OF h'rNTINGTON BEACH --------------------------------------- against the result of faulty materials or workmanship fcr a period o:--- ONE_ YEAR_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ from and after the date of the completion and accepta:.:e of same, gamely, untilDECEMBER 12,, _ _ 2003 NOW, THEREFORE, if the said --- GCI CONSTR:CTIONt_INC ___________________________ shall for a period of _ _ _ _ _ ONE YEAR _ _ _ _ from ar.1 after the date of the completion and acceptance of same by said_-QZTY--0 -HAMMUCIR C11---------------------------------------- replaca any and all defects arising in said work whe&er resulting from defective materials or defective workmanship, then the above obligation to be void; othermse to remain in full force and effect. GCI - CONSTR _CTIOS,- -INC . --------- - - - - _ (SEAL) -------------- ---------- ---- -------------SEAL) FIDELITY AND DEPOSIT CO`IP \ '' �IAt YLa\D 000', BF- ---- --------- ----- ----- MI.. E D. 5=0� AEtorney-FcLi APPROVED � TO FORbI JENNIFER McGRATH, C'tYAttoraev A:=est:----------------------------------------- :lgenf By +:lion Dfp ty CitY ry C4038(Cal-500. 10-78 20o:-06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE rijc�•�r ..n-�-r,�r ___.c:r.(rr�,cc�s_rc-c�.r•r,-r��.�'c-'- ss. On a ha G , before me, R. STANDLEY D .e Name and Title of Off cer (e g . -Jane Doe Notary Pub;:c personally appeared MICHAEL D. STONG Name(s) of Signer;sl x personally known to me r proved to me on the basis of satisfactory evidence - R. STANDLEY CC€y;fit.#j253272 31 9OTARY PUSL IC CAUFCRNIA N % R!�i_R31or COUNTY to be the persons'}'whose nameis/wer subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hskeir authorized capacity(�_-&), and that by his/hefAhe+f signature(,s-ron the instrument the personX or the entity upon behalf of which the person(j6 acted, executed the instrument. WITNESS my hand and official seal. � 7W&AW ='ace Notary Seal Above Signature of Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudu.ent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner — = Limited . = General Attorney in Fact Trustee Guardian or Conservator — Other• Number of Pages: Too st ;hurno here i ? i I Signer Is Representing: ,Z� ,.. <r< Cam' t•,�.�t—emu _�=.,u:�.%�tw� 0 155i coal Nc•a ,+ssooa•r- • e:57 De Soto Ave.. PO Box 24M - Chatsworth. CAB -313-24C2 • www ra::cralnotary ors =•oo No 5907 Recreer =a I Toll -Free I-WO-M-682- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice ttgident, and SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the B of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effec a date h oes hereby nominate, constitute and appoint Michael D. Stong, of Riverside, California, its tru n awf�,il d Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its. act d: any I bonds and undertakings and the execution of such bonds or undertakings in pursuance of these pre hall be mg upon said Company, as fully and amply, to all intents and purposes, as if they had been duly exec d ackno�A ed by the regularly elected officers of the Company at its office in Baltimore. Md., in their o er perso�sis power of attorney revokes that issued on behalf o: Michael D. Stong, dated January 21, 1998.,\\\, The said Assistant Secretary does hereby Section 2, of the By -Laws of said Company, IN WITNESS WHEREOF, the said affixed the Corporate Seal of the said 114 A.D. 2003. ATTEST: 'gyp 0£Pp'r�i 4Wn State of Maryland ss: City of Baltimore cerh v the e ` fora on the reverse side hereof is a true copy of Article VL an win fo eIT esident ssistant Secretary have hereunto subscribed their names and Y At D OSIT COMPANY OF MARYLAND, this 16th day of Janua.- FIDELITY AND DEPOSIT COMPANY OF MARYLAND. �O T. E. Smith Assistant Secretary Paul C. Rogers Vice Presider - On this 16th day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, dul% commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officer_ described in and who executed the preceding instrument, and they ea:h acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, twat they are the said officers of the Company aforesaid - and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Sei and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction o: the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �vwN LT' tA'-""T Sandra Lynn Mooney Notary Pub::: My Commission Expires: January 1, 2004 POA-F 012-0629 Company Profile Page i of z Company Profile ass D"MnnInsnce FIDELITY AND DEPOSIT COMPANY OF MARYLAND 140o AMERICAN LANE, 19TH FLOOR TOWER i SCHUAMBURG, IL 6oi96-io56 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 8oi N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 393o6 NAIC Group #: oiiz California Company ID #: 2479-4 Date authorized in California: January oi, 1982, License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossaU. - AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY Company Profile Page z of z MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information �� Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - February 18, 2004 03:13 PM Copyright © California Department of Insurance Disclaimer 02/05/2004 09:36 7143741573 CHB ENG PAGE 02/03 DECLARATION OF SATISFACTION OF CLAIMS G0".srn..Jc.47ay /a0— , state: (Name of Conttadod 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i GG r 7% ' _L.__� r�� � i 1, uR..� .•t-�..� St n�-� cv .�-rr�. 12.v,cr o=�= ����s: and dated �. -oar -c)y 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") P0M:5- I declare under penalty of perjury that the foregoing is true and correct. Executed at Goss . j:5 CA on this 5— day of _F:vc an.ada�e , 20o,y (Locabon) g?ollcwuplcss h conNcashcon2.doo procedure 015 1 (Signature o Carrbactor) A PPRO VEp A,S TO FORM keputy FER MaORATH, C�,�„�y Sa'City Ah mey 02/05/2004 09:db /143/415 /d UHb tNU F'Hcat U ZII ry a City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. APPROVED AS TO FORM JE IM9 M GRATK ChyAa ,may .sal, Strlfo,o, � c��,A��► r Z/y�b� 9I0V0wup%=shccnftaahCmI _dot procedure 014 r RECEIVED BY: (Name) NO 2•- 6 - c� (Date) CITY CLERK RECEIPT COPY - Return DUPLICATE to after sign ing/dating RECEIVED •� , CITY OF HUNTINGTON BEACH 'S EP 12 2003 INTERDEPARTMENTAL COMMUNICATIO�Nasurees# TO: Shari Freidenrich, City Treasurer FROM: ace T� DATE: SUBJECT: Bond Acceptance I have received the Rnds for N t �� (CompanyName) er Bond No. (•y'r��� iLabe --ateduaBondWo. ' Monument Bond No. `f Maintenance Bond No. Re: Tract No. CC No!5 % MSC No. Approved 7/V 03 Agenda Item No. (1wncrApproval Date) City Clerk Vault No. �5 gAjjah/bondWer.dw �f PLEASE COMPLETE THIS INFORMATION RECORDING REDUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez Dept of Public Works/ Engineering P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder lill:�liI.ill;Jllllisil;:�lll�lIl'!:l'�il.l;l';1+!!:!11:�lINO FEE 2003001519207 03:31pm 12126r03 214 110 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 74" 3, r ,t:+�...� 6G (tC117-2) 1" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to GCI Construction, Inc. who was the company thereon for doing the following work to -wit: 449A0 WIt93-5 URBAN STORM WATER RUNOFF TREATMENT, CC-1179 & 1212 That said work was completed December 12, 2003 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 12, 2003. per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as • required by law. This document is solely for the official business of the City of Huntington Beach, as contem fated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, Califomia, this December 16, 2003. Director of Put: Works City Engineer f ity of Huntington Beach, Califomia STATE OF CALIFORNIA) County of Orange } ss: City of Huntington Beach ) 1, the undersigned, say: I am an Agent of the City of Huntington' Beach, owner In fee, In the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing Is true and correct and thpl said NOTIC F COMPLETION was duty and regularly ordered to be recorded In the Office of the County RecordejofO ge Counf Dated at Huntington Beach, California, this December 16. 2003. / rector of PWICIWorks or City Engineer City of Huntington Beach, California C� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Orb neo TITI 9 0 4,(2e M7.'051 RECEIVED BY: CITY CLERK RECEIPT COPY AAA Return DUPLICATE to (Name) `1 after signingldating -6 (Date) irt4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION r� TO: Shari Freidenrich, City Treasurer FROM: ►_, hrye DATE: aSr1:�PrX SUBJECT: Bond Acceptance I have received the bonds for dNS�-a&7 �l (CompanyName) fr�ee�� Bond No.� 4=9ber an and-ft. Monument Bond No. ,�,` Maintenance Bond No. Q 91-" � s"�r2,0 u, 0; Re: Tract No. CC No!5 1172 MSC No. Approved ( undl Approval Date) Agenda Item No. City Clerk Vault No. E 40 �c GC g:lah,bondletter. doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 9, 2003 Mr. Richard Tirrell GCI Construction, Inc. 245 Fischer Avenue B-3 Costa Mesa, CA 92626 Re: Urban Stormwater Runoff Treatment (CC-1179 & CC-1212) CALIFORNIA 92648 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 proiect 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 at 536-5432. Sincerely, Connie Brockway, CIVIC City Clerk CB.jr Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance g:followup\cashcont\cashcon-letter.doc (Telephone: 714536-5227) !i,"le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 GCI Construction, Inc. 245 Fischer Ave., B-3 Costa Mesa, CA 92626 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects Enclosed please find your original bid bond issued by Fidelity and Deposit Company for CC1179 & CC1212. C�C�'yl+�lei (SZ�kI�I%+rysv Connie Brockway, CMC City Clerk CB:pe Enclosure g:/followup/cashcont/retum bidbond. doc procedure #13 ( Telephone: 714-536.5227 ) Bond No..-`�A..................... Fidelityd Deposit Company. an HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: GCI CONSTRUCTION, INC. Thatwe = --------------•---.....------............-----------_ ==` = ==_:.:.:.:........•--.......-----••-----------•------•---------------.......----........... --------•--•--------------------•------------------------•------•--------..............------------------------....-----•.•----••-•--------------------------••--------•••-•---.................. ............................................................................................... as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound CITY OF HUNTINGTON BEACH unto................................................................. ... - -•-----•-•..............................•-••----.............--• •-•-----.................--------------......--.-----•----.-----•------•...........----...-------------••---.................---- ------•-•-•-......--•-•---------------•-•---------....--•-•----=------...........-•---•-•-•--•--.......-•---------as Obligee, (hereinafter called the "Obligee"), in the sum of..TEN PERCENT OF THE AMOUNT OF THE BID - - - - - - - Dollars (� 10% OF BID ) -------------------- 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................................................................._.---------------------------- URBAN STORM WATER RUNOFF TREATMENT PROJECTS, CASH CONTRACTS =-1179 & 1212 ..........................................................................................................................................................---_..------................... NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such -bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this .................. .....---..------ ................................................................................ Witness day of-. JUNE----------------------------------------A.D. 2003 GCI.CONSTRUCTION•, INC.------------ Principal -- -• ----- •. . ----•- --.......... ............................Ville FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4STONG, ..--•...............................•--•--- . .....-•••-•------............ By. ........ Witness Tille MICHAE D. ATTOR`,iY-INj C325d-150M. AD:)roved by The American Institute of Architects. A.I_a. Document No. A-310 February 1970 Edition. STATE OF _ CALIFORNIA RIVERSIDE SS. COUNTY OF /- On i�� , before me, R. STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me e •'ele---) to be the persor4-_r�whose name{} •+.+Rnr�I R J e_ c _e_1 t_ t t e e_ is/tyre subscribed to the within instrument and acknowl- edged to me that he/a�e,'R4ey-executed the same in his/ authorized capacity(4es3; and that by hisAherW tl;Qi- signature(&) -on the instrument the person &), or the entity upon behalf of which the person{sj-acted, executed the instrument. I-VITNESS my hand and official seal. Signature OPTIONAL •.M e•'+ R. ,TAITMEY '�W ? COr�M. #1263272 t!f a ¢¢•- NOTARY PUBLIC-CALI"ORNIA F!VERSIDE COl:NTY .�. My Comm. Expiros Jux 7, 2004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-C;' k:.6/9.4 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Oro �0.Q., On ,JtAnC Li ,7_O03 , before me, I Jyot&rq -P Le, , Date Name and Title of Officer (e.g., "Jane Doe, N ary Public") personally appeared F-Zeoei—Renng. � Name(s) of Signer(s) r. personally known to me proved to me on the basis of satisfactory evidence SANDRA KOOKER 11, Commission # 1346865 Z z .� Notary Public - California > Z r' Orange County pir h9y Go n. Eyes Mar:, ar 17- 200fi Place Notary Seal Above 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name_ : ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 11 Other: Signer Is Representing: Number of Pages: Tor of thumb here Z 1999 National Notary Association - 9350 De Sato Ave., P.O. Boy 2402 - Chatsworth, CA. 91313-2402 - w .nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-603-876-6827 a • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY corporation of the State of Maryland, by PAUL C. ROGERS, Vice pursuance of authority granted by Article VI, Section 2, of the By' side hereof and are hereby certified to be in full force and effec appoint Michael D. Siong, of Riverside, California, its tru and deliver, for, and on its behalf as surety, and as its act aid of such bonds or undertakings in pursuance of these pre hall all intents and purposes, as if they had been duly exec d ack Company at its office in Baltimore, Md., in their ovp er persc Michael D. Stong, dated January 21, 1998. e� AND DEPOSIT COMPANY OF MARYLAND, a ling SMITH, Assistant Secretary, in y, which are set forth on the reverse oes hereby nominate, constitute and t'attorney-in-Fact, to make, execute, seal nds and undertakings and the execution bn said Company, as fully and amply, to no regularly elected officers of the ns. is power of attorney revokes that issued on behalf of �D The said Assistant Secretary does hereby ce the extra `cal Torth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, an w in forAT IN WITNESS WHEREOF, the said °t esident ssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said YAN;Ek POSIT COMPANY OF MARYLAND, this 16th day of January, A.D. 2003. O ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEPps�iC. O r � By: T. E. Smith Assistant Secretary . Paul C. Rogers Vice President State of Maryland I ss: City of Baltimore On this 16th day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-0629 C_] EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,. undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this :3day of �. Assistant Secretary � �cc-rr47 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND , In t FOR r(/�igi 17 JTC�Qy� ia�4��r /t /GC/� CT� ✓%/6/�i'�/'�\7. TABLE OF CONTENTS G �) ` Paee No. 1. STATE OF WORD; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10' 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES I 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY . . 16 27. CITY EMPLOYEES AND OFFICIALS' 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 3I. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEIMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTJi fGTON BEACH AND Wh 8 ti 5 .�,.� wader- Qwi o f ' �•Qsx .,r c,� f THIS AGREEMENT ("Agreement") made and entered into this 6�1— day of A/ 20 03, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and (- C -r <:;-n s-fAC4 m e n J „Lit. , a California C—d 9 - # 1&" , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Ugh" Stown wafer tdFf in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 worlananlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from ag ee fomVeity const/4-03 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 in 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 bome 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 for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), 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 thorough 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 the 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; agree/forms/city consd4-03 2 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern 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, (which is attached hereto as Exhibit "A" and incorporated herein . by: this reference); 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 a 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"), and egmdforms/eity eonst/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the 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 six k"" d 4r+y 'Sty. o,ae k.,Ared T-,.,re ama *'*/xx —'-Dollars (S b 6 i�5. � , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR. agrees to continence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to ore t ",%dred completion within lw—envy 120consecutive UWV&rL!h D�yS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agredforms/city aanW4-03 4 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 DPW. CONTRACTOR agrees to make any and all changes, finnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed td change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agrWfornWcity consd4-03 5 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. &. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTR.ACTOR's faithful performance of the work, and one in the- amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials famished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES 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 agrwAbrmVcity consd4-03 6 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 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 k,,,j recL Dollars ($ 5CC-�• ) 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/fornu/city const/4-03 7 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 the completion of the work: due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify 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 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the joli site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way 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 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 materials by CITY or aVeJo forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/fortes/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month 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 of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agreelfornWeity consd4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost 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 DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. agree/forma/city const/4-M 11 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. DEFENTSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, j udgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and 'CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/fom%/city consd4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city consd4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF NSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) 'days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city mnsd4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CON17RACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR 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. Upori 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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. 27. 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 the California Government Code. agredforms/city consd4-03 16 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: baV e Ve ron e 2000 Main Street Huntington Beach, CA 92648 :?WoL c k1arks TO CONTRACTOR: agree forms/city consd4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. LMMIGRATION 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 'United States Code Section 1324a regarding employment verification. 32. 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 contempl9ted 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agredforms/city consd4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly' provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4.03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39.. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legdI counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/for ns/city coned4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 Gem M&L66n I ao . B- r r print name ITS: (circle one) Chairman/Presiden ice President AND By: rint name ITS: (circle one Sec Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City dministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia &*,� '30M4&Z0L-' Mayor ATTEST: City Clerk APPROVED AS TO FORM: 03 to Attorney o VITIATED D APP /' Director of Public Works agree/forms/city const/4-03 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of O'i0.VX%g.± On 03 before me, S0,.^k'o. K0akrr- N0-toor ftbi1G , Date Name and Title of Officer (e g.. 'Jane Dde, Notary P blic') personally appeared ck\a x• d l++• cfi 1r r P-11 , Name(s) of Signer(s) SANDRA KOOKER Commission iF 1346865 Z Notary Public - California 1: personally known to me El proved to me on the basis of satisfactory evidence to be the person(p) whose name(K is/efe subscribed to the within instrument and acknowledged to me that he/sbailihayexecuted the same - in his/herAlgeir— authorized capacity(i , and that by hisAheOthtiir signature o on the instrument the person($), or the entity upon behalf of which the person(A acted, executed the instrument. Z t orange county WITNESS my hand and official seal. My Count. Expim Mar 17, 2006 it 4 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer — Title(s): �i Partner — C Limited _ General ❑ Attorney in Fact ❑ Trustee L Guardian or Conservator Other: Signer Is Representing: O 1999 National Notary Association - 9350 De Soto Ave. PO Boa 2402 - Chatsworth, CA 91313.2402 - www natwnahMaryorg Proo No. 5907 Reorder Call Toll -Free 1.800.676-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On $• 13. • O3 , before me, S&nAraoo�-,p—r- NO`tQru 11 , Date Name and Title of Officer (e g., 'Jane Doe, Not Public") personally appeared i[� Benne I Name(s) of Signer(s) b's"'M�.wa. ORA KOOKER Commission # 1346865 Notary Public - California y Orange County IlilrCwnm. En* es Mar 17, 2= Place Notary Seal Above personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sha4ey executed the same -in hisllhef,44eir authorized capacity(i*. ), and that by his/geMheir signature(g) on the instrument the person(p), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. At'e-61, W_,0A .2 Signature of Notgry Putuc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 0 Corporate Officer — Title(s): _. ❑ Partner — ,_I Limited L General 110 Attorney in Fact ❑ Trustee El Guardian or Conservator t2 Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 1999 National Notary Association • 9350 De Soto Ave., P 0 Boa 2402 • Chatsworth, CA 91313-2402 • www nationalnotary.org Prod No. 5907 Reader Call Toil -Free 1.600-876-6827 SECTION C PROPOSAL for the URBAN STORINI WATER RUNOFF TREATMENT PROJECTS Between SEVENTH ST. TO GOLDEN NEST ST. CASH CONTRACT No.1179 And GARFIELD AVE. AND SEAPOINT ST. CASH CONTRACT No.1212 Both in the CITY OF HUN'TINGTON BEACH TO THE HONORABLE MAYOR AND NIE'NIBERS 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 ail labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 120 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into' a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, takes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 F ., PROJECT BID SCHEDULE SECTION C ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. UANTITY WORDS AMOUNT URBAN STORM WATER RUNOFF TREATMENTPROJECTS 1 1 Mobili ation C6 L.S. @ Dollars j Cents 2 1 L.S. '1% Clearing anUV� (� Dollars @ , ° O( ' 9 , 00 Cents 3 1 Tral c Control -LS. @ Dollars Cents an 00 4 1 De atenng LS. @ S b J Dollars ou ��//}} a0 �W' Cents% 5 1 Sho ' Cr & Brac' L5. Dollars G Gd Cents I 6 625 Backfill C.Y.- @ Dollars od °d Cents 7 8 Diversion Weir Box Co c EA. at�,�i (Jikw d k 7 •c° l� Qom, �d Cents 8 8 Install/Assemble CDS U it EA. @ Dollars GO �JOr ONd. as Centso5 9 7,650 Pavement 4" A08" AB S.F. @ Exr Dollars Cents ` 10 4 Concrete Pipe Co EA. @ ruleg kavt,, Dollars 1. GO Qd . Cents 11 4 Storm Drain Junction Structure wl Diversion EA. Weir �� f� @ Dollarss 515(�.00 CO Cents 12 185 18" RCP Storm Drain Pipe LF. @ S t Dollars �p8. °d ZZ Jr�Q• air Cents C-Is U F F ITEM ESTIMATED TTENi WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 13 80 30" RCP Storm Drain Pipe L.F. @ >x `fj_)6 Dollars AO Cents 14 .540 4" PVC Storm Drain Low Flow Bypass L.F. @ ;56'��C�S[;}G Dollars Cents 15 8 EA. 4" PVC Cleanout @ rcrc Q;&fed Dollars 00 Cents 16 1 4" Gate Valve bw EA. @ (Ov'`d Dollars 00 7W 00 ' ' 29 Cents 17 1 4" Backwater Valve EA. @ LAP _ Dollars Az cc)rQQ ' . 40 Cents 18 1 3' 3' x6' Tr4ffic 4ated Valve V nit EA. @ S I/ Dollars ,�O�.oa ;ou Cents 19 42 Stormtech SC- 19 Detention jCbarnbers EA. @ Dollars 780• ao`-7� ca Ila Cents 4 20 1 8" x 12" Grated Drop Inlet, Jensen Precast Model EA. I 2-Di"iDoars @6a 780. �8Q . d /Z$ Cents PROJECT BASE BID: J� Total Amount Bid in Words-_'S IRV LP7 C-2s 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 AGENCYS notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shaft become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 't 4 e Accompanying this proposal of bid, find in the amount of $ �0 �d which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: -Addenda Na f ------'.Date Received • - t ' - :' : : ' Bidder's Si, ure G2 . u � LI5T OF SUBCONTRACTORS I ' In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion`Name and Address of Subcontractor '.-`State License.- Class o Work .Number aona By submission of his 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 1i L NONCOLLUSION AFFIDA`'IT r TO BE EXECUTED BY BIDDER AND SUBb1ITTED RTTH BID State of California SS. County of Orange (0 being first duly sworn, deposes and says that he or—whe is r of G,M n2i! 't On:TM , the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, br 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 thereon 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. a a Name of Bidder i 1 � r w 4 *_ -M gaiSsaa, Address of Bidder Subscribed and sworn to before me this _ day of Jun e- , 200 3 . Sk%DRA KOOR ! Commis*n f 1346a55 1 �s Notary Pu'slie. CaCtomia Or9nQe County - NOTARY PUBLIC s+rc-�+�rtr•sooe NOTARY SEAL C-4 LTILTTY AGREEMENT HONORABLE IN1AYOR AIND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the URBAII STORM NVATER RUNOFF TREATMENT PROJECTS, (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. ISMA _�mo, Title - - iKW. tt; MOW C-S DISQUALIFICATION QUESTIOYItAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIO`NAIRE 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 XNO 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-5 F u I U COMPENSATION D\SURANCE 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. 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 provision of that code, and I will comply with such provisions before commencing the performance of the work of this contract. -CT' Co C`a�l Contractor go V �M- � � m r G 4 1 Title Datedlyu V U 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, caII Underground Service Alert at I-800 422 4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. G cz � 'on .one Contractor i Date: �JWW4-29J 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. BIDDER'S UNTORMATYO1 BMDER certifies that the following information is true and correct: Bidder Name Business Address City, -(714-) Q57 -5 Telephone Number State Zip 75555b alp "A It State Contractor's License No. and Class r Original Date Issued Expiration The work site was inspected by 1 of our office on 20Q3 The following are persons, firms, and corporations having a principal interest in this proposal: C-^ A U The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder or Typed Signature Subscribed and sworn to before me this NOTARY PUBLIC day of I , 200 . 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: 2. I Name and Address of Public Name and Telephone No. of Project Manager. Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager. Date Completed Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of April 30, 2003 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT ALY CONSTRUCTION 115 Alhambra -Edwards Theatre (Offsite Storm 182,456 275 E. Baker Street, Suite A Drain & Sewer) Costa Mesa, CA 92626 (949) 629-4300 BIRTCHER CONSTRUCTION 083 Food 4 Less - Hawaiian Gardens 43,054 275 E. Baker Street, Suite A Costa Mesa, CA 92626 (949) 629-4300 CALVARY CHAPEL OF COSTA MESA 096 Calvary Chapel Bridge 398,022 3800 So. Fairview Road Santa Ana, CA 92704 (714) 979-4422 CAPRI MOBILE ESTATES, LLC 124 Capri Mobile Home Park — Sewer Improvmts 171,734 408 Piazza Lido 133 Street Improvements— Capri Mobile Home 137,257 Newport Beach, CA 92663 Park (949)673-0393 CITY OF ANAHEIM 038 Illinois Street Water Main Replacement Project 565,720 200 S. Anaheim Blvd. 121 Euclid Street Improvement 507,809 Anaheim, CA 92805 121A State College Blvd./SR-91 WB Off -ramp 391,007 (714) 765-5100 Widening CITY OF FOUNTAIN VALLEY 017 Park & Ride Lot at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley, CA 92708 (714) 593-4400 CITY OF INDUSTRY 077 ParriottPlace West Street Improvements 1,614,179 INDUSTRY URBAN-DEVELPMT.AGENCY 15651 E. Stafford Street City of Industry, CA 91744 (626) 333-2211 CITY OF LAGUNA BEACH 025 Virginia Park Drive, Skyline Drive & Vista 315,315 505 Forest Avenue Lane Storm Drain Laguna Beach, CA 92651 059 Park Avenue Storm Drain Improvements 52,604 (949) 497-0351 G:Vanet\GCIUOBLIS'nGCI REFERENCE SHT.doc Page 1 of 7 V G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of April 30, 2003 CONTRACT CUSTOMER NAME & ADDRESS JOB 01 LOCATION AMOUNT CITY OF MISSION VIEJO 089 La Paz/NluirlandslntersectionImprovements 809,720 25909 Pala, Suite 200 Mission Viejo, CA 92691 (949) 470-3052 CITY OF NEWPORT BEACH 009 Water Line Replacements &- Alley 26,243 3300 Newport Blvd. ReconstructionMarcus Newport Beach, CA 92658-8915 012 Jamboree Road Sewer Improvement 139,730 (949) 644-3311 018 Central Balboa Water, Sewer & Alley 495,804 Improvements & West Newport Beach Main Replacement, Phase II 040 32' St./NewportBlvd. Street Rehabilitation & 524,288 3W1 StJNewportBlvd. Storm Drain Improv. 069 Bayside Drive Storm Drain Improvements 267,905 082 Newport Dunes Storm Water Diversion 60,065 085 PCH to Kings Rd. Sewer Repair 12,500 086 Shore Cliff Sewer Repair 13,746 091 Comm. Of Beacon Bay Assmt. Dist. No. 79 658,115 Street, Drainage, Lighting & Utility Improvement and City Sewer Replacement Continued....,... 093 Alley 221 Water & Sewer Repair 29,931 100 Bayside DCJMarineAve. PRV Relocation 313,060 106 Main Beach Sewer Force Main & Breakers Dr. 365,753 Water Main Replacement 108 Balboa Village Improvements— Phase I 3,659,203 113 Bay Shore Water Line Repair 12,318 118 Balboa Island Bayfront Repairs 198,402 122 Vault Modification— PCH / Bayshore, 11,616 Newport Beach 136 Emergency Valve Replacement@ Bayshore &: 32,000 Pacific Coast Hwy. CITY OF ROSEMEAD 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. Rosemead, CA 91770 (626) 288-6671 CITY OF SAN JUAN CAPISTRANO 129 Storm Drain Relocation — Lot "C" & Lot 54,613 32400 Pasco Adelanto "200", MarbellaTract 12954 San Juan Capistrano, CA 92675 (949) 493-1171 CITY OF TORRANCE 016 Construction of CMP Replacement Program 1,021,000 3031 Torrance Blvd. 1999-199 026 Construction of Amie Avenge QVanenGCNOBLIS'nGCI REFERENCE Strr.doc Page 2 of 7 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of April 30, 2003 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT Torrance, CA 90509-2970 Retention Basin Force Main 423,678 (310) 618-2820 090 Emergency Channel Stabilization 25,920 098 Amie Flood Control Channel Emergency 79,442 Repairs COUNTY OF ORANGE 071 Santiago Canyon Road / Transportation 331,299 PUBLIC FACILITIES & RES. DEPT. Corridor— Drainage Improvements 1152 E. Fruit Street 095 Joplin Youth Center Improvements 519,518 Santa Ana, CA 92701 114 Crawford Canyon Sidewalk & Storm Drain 618,230 (714) 567-6500 128 Fairhaven Stone Drain 439,231 COUNTY SANITATION DISTRICT OF 094 Spadra Landfill Road & Drainage-2001 1,137,757 LOS ANGELES 1955 Workman Mill Road Whittier, CA 90607 (562) 699-7411 C.W. DRIVER ! 035 "Perilous Plunge" - Utilities 215,583 7442 North Figueroa Street Los Angeles, CA 90041-1710 (323) 259-8600 DAMON CONSTR. CO. 112 Balboa Island Pavement Rehab & Water Main 135,875 455 Carson Plaza Drive, Unit F Replacement (For City of Newport Beach — Carson, CA 90746 ContractNo. 3397) (310) 324-3569 G:Uanet\GCN0BLIST%GC1 REFERENCE SHT.doc Page 3 of 7 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of April 30, 2003 CO\BRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AhIOUN T EL CAMINO ENCLAVE 036 Faida Avenue,Torrance (Underground) 238,834 56I W. Rincon Street Corona, CA 91720 (909) 725-8616 GORDON & WILLI&NIS 003 East L.A. Recycling & Transfer Station 313,144 2 Faraday 010 Coasters Restaurant-Knott's Bent' Farm 12820 Irvine, CA 92628 081 Farmers Market-E, O, & P — Los Angeles 253,772 (949) 588-2855 117 Central Juvenile Hall --Los Angeles 1,167,000 GUARDIAN GROUP 116 Crystal Lantern Storm Drain, City of Dana 191,918 2350 West 205' Street Point Torrance, CA 90501-1460 (310) 320-0320 HOAG MEMORIAL HOSPITAL 097 Hospital Road Widening 179,881 FACILITIES, DESIGN & CONSTR. 361 Hospital Road, Ste. 229 Newport Beach, CA 92658 (949) 574-4467 IRVINE RANCH WATER DISTRICT 001 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine, CA 92618 (949)453-5585 JOHN LAING HOMES 037 Laing Homes Meadowlark Utilities- Tract 99,981 19600 Fairchild, Suite 150 15472 Irvine, CA 92612 (949) 476-9090 Ext. 230 KNOTT'S BERRY FARI4I 010 Coasters Restaurant Knott's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 027 "Soak City" Demo 123,882 (714) 220-5227 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City" — Water Lines 13,000 031 Mechanical Pump Buildings -"Soak City" 899,999 032 "Soak City" Grading 572,073 033 "Soak City" - Utilities 498,067 034 "Perilous Plunge" - Demo 159,750 039 Cross Town Sewer 210,708 041 "Soak City" — Asphalt Paving 170,394 043 "Soak City" — Concrete Flatwork 753,828 Continued.... 044 "Soak City"— Wall #1 for Ramp to Bridge 94,590 046 Grand Avenue Drop Off-Knott's Berry Farm 102,136 G:UanctlGCN0BUS*nGC1 REFEMCE SHT.doc Page 4 of 7 V V G C I CONSTRUCTION, INC. FOICNIERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of April 30, 2003 CONTRACT CUSTOMER NAME & ADDRESS JOB #I LOCATION AMOUNT Continued.... 052 Retaining )&'all & Bridge Abutment -Soak City 305,293 054 Stanton Avenue Phase-1 136,071 055 Housekeeping Pads — "Soak City" 9,812 LOS ANGELES COMMUNITY 063 Certain Domestic Underground Water Mains - 238,103 COLLEGE DISTRICT East Los Angeles College Facilities PIanning & Development 770 Wilshire Blvd. Los Angeles, CA 90017 (213) 891-2480 LOYOLA MARYNIOUNT UNIVERSITY 002 L.M.U. Export -Playa Vista 716,502 7900 Loyola Blvd. Los Angeles, CA 90045-8370 (310) 338-7762 MISSION VIEJO CHRISTIAN CHURCH 011 Mission Viejo Christian Church 11,222 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (7I4) 768-0209 NIR. JOHN THORSELL 006 Water Line Relocation- Dana Point 13,709 1 Santa Lucia Dana Point, CA 92629 (949) 448-8722 NEWPORT CREST H.O.A. III Newport Crest Community Assoc. Drainage 66,788 CIO PROFESSIONAL COMM. NIGMT. 120 Newport Crest HOA-Remove/Replace Concrete 59,317 23726 Birtcher Drive Lake Forest, CA 92630 (949) 465-22. 5 NEWPORT MESA UNIFIED SCHOOL 076 Grading Improvements for Construction of Preschool at Whittier Site 12,005 DISTRICT 2985-E Bear Street 101 Newport Coast Elementary School 11,217 Costa Mesa, CA 92626 103 Harbor View Elementary School 2,921 (714) 424-7529 OAKHILL DEVELOPMENT 068 35386 Camino Capistrano, Lot 57, Tract 1127, 99,260 1048 Irvine Blvd., #363 Darla Point Newport Beach, CA 92660 (949) 574-9164 ORANGE COUNTY NA'ATER DISTRICT 048 Santiago Creek Recharge Project 352,956 10500 Ellis Avenue Fountain Valley, CA 92728 (714) 378-3305 G:uanet'.GCrJ0BL1S-RGC1 REFERENCE SHT.doc Page 5 of 7 L V G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of April 30, 2003 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT PACIFIC BUILDING INDUSTRIES 024 Bayside Restaurant- Newport Beach 2,700 3190-K Airport Loop Drive Costa Mesa, CA 92626 (714)755-0299 PERDOMO BLT ENTERPRISES, LLC 003 East L.A. Recycling and Transfer Station 313,144 511 Spectrum Avenue Oxnard CA 93030 (805) 279-8220 PLAYA CAPITAL COMPANY, LLC 004 Placement of LMU Import Material 132,470 12555 West Jefferson Blvd., Suite 300 Los Angeles, CA 90066 (310)822-0074 PORT OF LONG BEACH 022 Removal of Nicholson Avenue Rarnp 128,153 925 Harbor Plaza Drive, 4' Floor Long Beach, CA 90801 (562) 437-0041 SOUTH COAST WATER DISTRICT 007 Coastal Treatment Plant - Export Sludge Force 93,109 31592 West Street • Main Phase III Laguna Beach, CA 92607 015 Camino De Estrella Sewer Main 110,767 (949) 499-4555 058 Pacific Coast Hwy.12" Water Main, Dana Point 1,108,766 058-C101-106 Holtz Hill Waterline, Dana Point 119 AC Grind / Cap —Crystal Lantern, Dana Point 18,500 SOUTHERN CALIFORNIA WATER 045 Albertoni Blvd., East of Avalon Blvd. - 12" DI 142,229 COIN'IPANY Pipe Watermain Installation 17140 South Avalon Blvd., Suite 100 047 Inglewood Avenue I2" DI Pipe 251,790 Carson, CA 90746 049 223'a Avenue, Hawaiian Gardens-Watermain 217,257 (310) 767-8205 050 224� Avenue, Hawaiian Gardens-Watermain 223,773 051 Brittain Avenue, HawaiianGardens-Watermain 241,993 STEVE BUBALO CONSTRUCTION, 127 Baker Parkway Storm Drain 599,I20 P.O. BOX 1048 MONROVIA, CA 910I7 (626) 574-7570 TRI CORPS ENGINEERING 075 Aliso Viejo Desilting Basins 42,750 7005 Hwy. 215, Frontage Road Moreno Valley, CA 92553 (909) 369-9396 VALLEY CREST 123 Huntington Beach Central Park 47,410 1920 Yale Street Sports Complex Santa Ana, CA 92704 G:vaneAGCNOBLIST%W REFEMCE SIrr.doc Page 6 of 7 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS CUSTOMER NAME & ADDRESS (714)546-7975 WALNUT VALLEY UNIFIED SCHOOL DISTRICT 880 South Lemon Avenue Walnut, CA 91789 (909) 595-1261 Ext. 1378 As of April 30, 2003 JOB #/ LOCATION 008 Morning Sun Landslide Site - Walnut 073 Morning Sun St. Grading & Storm Drain CONTRACT AMOUNT 25,392 71,816 G:Uanet\GCNOBLISnGCI REFERENCE SHT.doc Page 7 of 7 SECTION C 'PR n re"r RID Sr-grMULE ITEM ESTNATED I ITEM wrm UNIT' PRICE wRTFTEN IN UNIT PRICE EXTENDED NO. gTJANTM I WORDS AMOUNT URBAN STORM WATER RUNOFF ' TREATMENT PROJECTS l 1 Mob' ' ation t � � � LS. @ � Dollars 1 l - Cents CIM-inng and G bb' Ga @ Al KP� Dollars A a 2 1 LS. .� , 16TO- Cents Tmfflc Control r r 3 1 De ttring G� 4 1 LS. @ S J 9c14t � 0, 00 cents Shonnt & ra 5 1 L.S. @ Dollars • Cents 6 625 Backf ll �C,Y, @ � � �.� � � Dollars • 1 •od ka Cents 7 8 Diversion Weir Baa&6�e EA.Dollars 176Wco- 1516000.6" Cents 8 S lnstz-V&semble CDS U 't EA. @ Dnar ,ago oDO. " 9 7,650 Pavement 4" AC(S"AB S.F. @ i 7vy _ - _ Dollars 30 W). ca Cents 10 4 Concrete Pipe Collor Yl !11'�2 �ir EA. @ DOn= -Cents �0 G0 Ste' 11 4 Storm Drain Junction Structure wl Diversioa EA. Weir rr Dollars Cents 12 185 1S" RCP Storm Drain Pipe Dollars %580, °v cents C-ls ITEM ESTIMATED ITi . WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED N0. QUAN= WORDS AMOUNT 13 80 30" RCP Storm Drain Pipe L.F. @ 5(x-k4`fCA)6 Dollars AO Cents 14 540 4" PVC Storm Drain Low Flow Bypass L.F. @ I% SlDollars, Cents as r�t .0pBoo 15 ' 8 EA- 4" PVC Cleanout @rut w;&ee,� 2C%�l1`�/� Dollars � Qo ¢ ��. old Pei Cents 16 1 4" Gate Valve EA. @ /U,(/'cVN' `ei! Dollars 7700,00 �� F 00 Cents 17 1 4" Backwater Valve,/ EA. �® Dollars oo 140. • cam' Cents 18 1 3' x6' Traffic ted Valve V uIt EA. �3' @ 5 ice'% s o u CDts �IOQO.cc 19 42 Storrntech SC-3 19 Detention jChambers EA. @ 4 Ua WDollars'�(� 7&• cd Cents 20 1 8" x 12" Grated Drop Inlet, Jensen -Precast Model EA. -812-LDI @ SW Dollars 780• Q o �UQ' Cents PROJECT BASE BID: Total Amount Bid in Words: N OEM Z C-2s ! 11 :41ICORO' CERTIFICATE OF LfABILTY. INSURANCE x fs % Pro er 714 2 8 9 - 7 67 6 Seltzer Insurance Service THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 East Mayfair Avenue Orange, CA 9 2 8 6 7 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Comp" Lexington Insurance Company Gov. 5o Uc-" � Interstate Indemnity Company � Insured CCICO02-00S GCI Construction, Inc. CME Inc. Pacific Equipment, L.L.C. comvarty National union Fire Insurance Co. C cp D a State Compensation Ins Fund 245 Fischer Ave. Suite B-3 rast-A Mona CA 92976 COVERAGES r x x x r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY POLICY LTA COFp, TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS ENERAL LIABILITY CommerpalGerxrKwdcl claims Mum Occur Owrwr e & Comractor's Protective 1323773 04/01/03 04/01/04 General r ate Pr�s•comP�edo� Personal & Adve"isjng1no Each Ocdxrenca Fre Damage (any t f no Per ro j�gg heed sal E f om r XCII B AUTOMOBILE LIABILITY Arty&ao BA6122358 04/01/03 04/01/04 Conit~S`VISLim f ,U Owned Autos am -IV utlury Scheduled Autos - Iper parson} .. Hirad Autos NomOwmd Autos Con1b1coll Ded APPROVE $ 1,000 {AS TO FO ""� ` ��(� Bodily Inryry 1W aecidenU . PropertyDamape GQfiAGE LIABILITY Any Auto 1` . fl1L;NtiIFE r b1eGRATNr FC. ND t ..v C ,'Ttwrs f 5 '�—�• AUtoOnty.,E Ac"Pem O1nerAuto 0 EaCh A9i,ban-hDon A C XCESS LIABILITY U"abr*UForm Other Than Umbreas Form v.3 BE2897789 04/01/03 04/01/04 Esch Occurrence Aggregate D WORKERS' COMPENSATION EMPLOYERS' LIABILITY The worf The ProWwai-Execu InC Partnaru'Exewtirre Otr.cers we, E•CI 046-13132-03 03/27/03 03/27/04 stat�toryLlmit EL Each A — EL Dlsease.Pd Lerxt £L onosse.Ee E-M OTHER ill -0- E M / Equipment easedIHired/Ren MX198401780 04/01/03 04/01/04 ch Limit $s 770,000 imit 100,000 DESCRIPTION OF OPERATIONSILOCATION SIVEHICLESISPECIAL ITEMS he City of Huntington Beach, Its off icers,•elected-or appointed officials, ployees, agents, and volunteers and the Redevelopment Agency of the City f Huntington Beach are named Additional Insureds as per attached endorsemt nd with respects to work performed on Project: urban Storm Water Runoff reatment in Huntington Beach,CA. Waiver of Subrogation to be included. #148 CERTIFICATE HOLDER 29 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E� MAIL 3 0• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Huntington Beach LEFT, Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 Authon d epnaantstive 0 QCORD �5 S i0iI85IBY•.Insurence Ywiona Inc.ACDRD CORPORATION 1980 GC/ Construction, Inc. POLICY NUMBER: 1323773 COMMERICAL GENERAL LIABILITY Lexington Insurance Company EFFECTIVE DATE: 04101103 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) CG2010 11/85 This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION. City of Huntington Beach, its officers, elected or appointed officials, Employees, agents, and volunteers and the Redevelopment Agency Of the City of Huntington Beach PROJECT., Urban Strom Water Runoff Treatment Located in the City of Huntington Beach, CA. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `Your work" for that insured by or for you. IT IS FURTHER AGREED such insurance as provided by this endorsement is primary and no other insurance of the Additional Insured shall be called upon to contribute to a loss. JAU utho zed Representati Or Cou ersignature (in states where applicable) LX0869 01/95 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 r CITY OF HUNTINGTON BEACH prilmal R.CA NM MEETING DATE: July 21, 2003 DEPARTMENT ID NUMBER: PW 03-042 It 19 CounciVAgency Meeting Held: Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re Council Meeting Date: July 21, 2003 Department ID Number: PW 03-042 CITY OF HUNTINGTON BEACH - REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS ' ; �1 SUBMITTED BY: RAY SILVER, City Administrator OOP PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works a SUBJECT: AWARD CONTRACT FOR URBAN STORMWATER RUNOFF TREATMENT PROJECTS, CC-1179 & CC-1212 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: On April 7 and May 512003, City Council authorized the advertisement for bids for Award for Urban Stormwater Runoff Treatment Projects, CC-1179 & CC-1212. On June 4, 2003, staff received bids and now requests that City Council award the contract to GCI Construction, Inc. Funding Source: Funds are budgeted in Storm Water Quality Fund, Storm Water Treatment, Drainage Improvements, Account No. 89288003.82500. The funds are available through a Proposition 13, 2000, Water Bond Act Grant, an Integrated Waste Management (IWM) grant and Orange County Urban Runoff Matching grant. The Engineer's estimate is $1,150,000. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by GCI Construction, Inc. in the amount of $646,905 for the Urban Stormwater Runoff Treatment Projects, CC-1179 & CC-1212; 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Altemative Actlon(s): Reject all bids and direct staff to re -advertise or abandon the project. Analysis: This project will install eight (8) pollutant separator devices that will remove trash, debris and other particulate matter from the urban stormwater runoff at the twelve storm drain 03-042 July 7 Erdman (Award CDs Installation) 7171200311:15 AM Sec 3•D3 rTiYervEents REQUEST FOR COUNCIL ACTION MEETING DATE- July 21, 2003 DEPARTMENT ID NUMBER. PW 03-042 outlets that discharge onto the City's beaches and on one outlet that discharges Into the Bolsa Chica wetlands The devices, also called Continuous Deflective Separators (CDS), will remove many types of pollutants from the urban stormwater runoff before it flows onto the City's beaches On April 7 and May 5, 2003, the City Council authorized the advertisement for bids, which were received on June 4, 2003 For simplification of the process, the two projects were combined for one installation contract Staff has reviewed the bids and they are summarized below in order of increasing bid amounts Bidding Contractor Bid Amount 1 GCI Construction, Inc $646,905 00 2 Buso Constructors, Inc $736,050 00 3 SRD Engineering $776,145 00 4 Cody Engineering, Inc $807,290 00 5 Atlas Allied, Inc $832,825 00 6 Southern California Underground $885,100 00 7 Clarke Contracting Engineering $945,600 00 8 Paulus Engineering, Inc $982,250 00 9 Engineer's estimate $1,150, 000 00 Staff completed the reference check for GCI Construction, Inc and received favorable results from past clients Staff recommends award of the project to GCI Construction, Inc Public Works Commission The Public Works Commission reviewed and approved this project on February 19, 2003, and on April 16, 2003, by a vote of 6-0-1 (Commissioner Johnson was absent on 2/19/03 and Commissioner Scheid was absent on 4/16/03) Environmental Status. -Pursuant to the (CEQA) California Environmental Quality Act, the project will require a mitigated negative declaration The Coastal Development Permit and Mitigated Negative Declaration are pending and will be obtained prior to the start of construction Attachment(s) RCA Author D Erdman jm 03-042 July 7 Erdman (Award CDs Installation) -9- 7/7/2003 11 15 AM a ATTACHMENT #1 PACIFIC PROJECT AREAS YORKTOWN ADAMS INDIANAPOLI TLAN TA NOT TO SCALE CDS STORMWATER TREATMENT PROJECTS - C.C. #:1179 CITY OF HUNTINCTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 lk PACIRC NOT TO SCALE PROJECT AREA CDS STORMWATER TREATMENT PROJECT - C.C. #:1212 CITY OF HUNTINGTON BEACH GARFIELD SHEET 2 DEPARTMENT OF PUBLIC WORKS 1 OF 1 ATTACHMENT #2 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS . SUBJECT: AWARD CONTRACT FOR URBAN STORMWATER RUNOFF TREATMENT PROJECTS, CC-1179 & CC-1212 COUNCIL MEETING DATE: July 21, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to- form by qLty Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ARDED Administrative Staff ) Assistant City Administrator Initial ) City Administrator Initial MOP) City Clerk ( ) L ��T♦ _ EXPLANATION FOR RETURN OF ITEM: RGA Author: D. Erdman CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 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 in 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 for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), 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 thorough 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 the 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; agree/forms/city consd4-03 2 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and apWforms/city consd4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the 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 (S ), 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 the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within () consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIM1j OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agmdformdeity eonsN4-03 4 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make 'any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed td change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city consd4-03 5 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, famish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTR.ACTOR's faithful performance of the work, and one in the- amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES 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 ag ft/formdeity eonstl4-03 6 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parses hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calemdar 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and aSmdeormVciri coesd4-03 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify 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 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of -the workers, in no way 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 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 materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city conW4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings wan -ant. 14. PROGRESS PAYMENTS Each month 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 of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work.and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost 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 terns of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After . the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. agree/forms/city const/4-03 I I 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and 'CITY shall approve selection of CONTRACTOR's counsel. This indemnity shai3 apply to all claims and liability regardless of whether any insurance policies. are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/fornWcity const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and fumish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (S1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agnedformabity consd4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOWs insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: . ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The, -requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, aSmdfornWcity consd4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR 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. Upod 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agmdforms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 % %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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. 27. 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 the California Government Code. agree/forms/city conW4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: agree/formVcity constk4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. MMGRATION 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 United States Code Section 1324a regarding employment verification. 32. 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agmdfornWcity consd4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is -any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/fornWcity consd4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city consU4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 0 By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agmdfannskity const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS e No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON-ASSIGNABELITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES - 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNINGLAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 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 issue of said newspaper to wit the Issue(s) of: May 15, 2003 May 22, 2003 May 29, 2003 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on at Costa Mesa, California. Signature I - SICMNA -retention In accoroance- NOiI(EIIVii11G with the provisions of the California Govern- SEA(iD Is>?t ' ' mant Code, Section F for: 4590. The Contractor -, Shan be beneficiat owner. 1 ; wA�hJllOff ,, of the surety and shall' 1 MATIWMACn . "receive any -_interest thereon. CiKiICOI�fiIGMC3ilo IR The AGENCY; hereby �212 affirmatively ensures that minority business IndlaWYOF ';enterprises will be HUliiilGal IElldi afforded full opportunity PUBLIC NOTICE IS : to submit bids in re- I HEREBY GIVEN that !IS sponse to this notice CITY OF HUNTINGTON , end will not n don /EACH,• as -AGENCY, the basis against .on ,invite seated bids for natithe basic origin, race, color. the 'above -stated sex. or religion anIn any projects and will receive -cox' or religion In any consideration leading to such bids In the office 'the award of contract. of the City Clerk, Second t No bid shall be con - ,Floor. 2000 Main Street, ; aid &red unless , It '.is Huntington Beach,+Cali• prepared on' the ap- fornia 92648, up to the proved Proposal forms hour of 2:00 PM on June in conformance with the •4. 2003. Bids will be Instructions to Bidders. publicly opened ,in the ..7he bid must be ac. Council Chambers unless tompanied by a certified Otherwise pasted. + - check, cashier's Check. Copies of the Plans, • or bidder's bond made Specilications,- and payable to the AGENCY Contract document' are for an amount no less available from the Office than 10`T, of the amount of the Director of Public bid. The successful Works, ,2000 .Main bidder shall be licensed Str eat. Huntington in accordance with Beach. CA 92648. upon provisions of the Susi. payment of a 425.00 ass end Professions 'nonrefundable , fee , if p+ckad up, or payment Code and shall possess of a SM.00 nonretund- a Slate Contractor's fable fee Nmailed. - - . License Class . ■t , the Any contract entered time of the bid opening. Into pursuant to this The -successful : con - notice , will ._incorporate tractor and . his sub - the provisions at the contractors will be State Labor Code_ Pur- required to possess suant to the provisions business licenses from of the Labor Code of the the AGENCY. - . State of California. the The AGENCY reserves, minimum prevailing rate the right to reject any, of per diem wages for or all bids, to waive any f each craft, classification irregularity and to take or, type of workman all bids under advise-: needed 10 execute the ment for a maximum Contract shall be those period of 60 days.. . , .determined by the BY ORDER of the CITYI Director of -Industrial COUNCIL of the CITY OF 1 'Relat"s of the Stale of I HUNTINGTON BEACH, California. which are on CALIFORNIA. The 7th day 'file at the Office of the 'of April and 5th day of Director of Public Works, 'May. 2003- 2000 Main Street. Hun- Attosh Cennte Brock- tington Beach. CA 92648. waCITY CLERK OF The AGENCY will de- THE CITY OF HUN- duct a 10% retention TINGTON BEACH from all progress pay. + Published Huntington merits. The Contractor Beach Independent May may substitute an es- 15, 22, 29, 2003 053.927 crow holder surety of equal vslua_,to: the PROOF OF PUBLICATION ' STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years; and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: May 15, 2003 May 22, 2003 May 29, 2003 declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 29 , 2003 at Costa Mesa, California. P � �101 STig-nature SECTION'A* NOTICE INVITING SEALED BIDS For the URBAN STORM WATER RUNOFF TREATMENT PROJECTS CASH CONTRACT No.1179 onld 1212 In the CITY OF HUNTINGTON BEACH. PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH„ as AGENCY,. invites sealed bids for the, above -stated projects and will receive such bids in the office of the City Clerk; Second Floor, 2000 Main Street, Huntington Beach, Cali- .fornia 92648, up to.thep hour of.2:00 PM on June 4, 2003 Bids will be -publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specif.ications, and contract documents are available from the Office of the Director of Public Works,. 2000 Main (Street, Huntington (Beach, CA 92648, upon payment of • a $25.OQ nonrefundable'fee if picked up, or(payment of a •$35.00 nonrefund- able fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code: Pur- suant 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, Hun, tington Beach,,CA 92648. The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an es- crow holder surety of equal_ value`to thei -re,tention'in accoFdanc'el with the provisions of ,the California' Govern- ment 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 re-, sponse to this notice. and ' will not be dis- criminated against on the basis of race, color, national origin, ancestry, sex, or religion id any consideration leading to the award of contract. No bid 'shall be con- sidered . unless it,. is prepared on the ap- proved 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 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 Busi- Code and shall possess a State Contractor's. License Class at ` the time of the bid,opening. The successful Con- tractor and his sub- contractors 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 advise- ment for a maximum period of 60 days. . BY ORDER of the CITY COUNCIL of the CITY OF i HUNTINGTON BEACH,( CALIFORNIA, The 7th day{ of April and 5th day of May, 2003. .,," Attest: Connie Brock way, CITY,;, CWRK OF THE CITY" OF HUN- TINGTON BEACH. Published Huntington Beach Independent May 1 5, 22, 29, 2003 053-927 MaJIUCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May 8.2003 ProjectfC.C. No: C.C. No. 1179 & C.C. No. 1212 Regarding:Urban Storm Water Runoff Treatment Prop ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Numberof pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ tinder a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order, ® Other:, Notrce_lnyitin_LSeared Bldg Item # Copin Pages Description 1 1 2 Notice Invifing Sealed Bids 2. 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Retur Corrected prints ❑ For review/comment ❑ Other. Remarks:.On April 7 and May 5, 2003, the City Council authorized the advertisement of the CDS Storm Water Treatment Projects , CC1179 and CC1212.. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days; 5/15, 5/22, and 5/29 with a bid opening on 614. Please contact me at extension 1735 with any questions you may have. C: By: Douglas A. Erdman, Associate Civil Engineer GACO.wmx- orr CorrtxAc-rs (CCs)\Ccl l79\TLvcSI'0amI 179Doc FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH �-- * P.O. Box 19012000 Main Street Huntington Beach, CA 92648 HUNTINGTON BEACH Ph. (714) 536-5227 Fax 714) 374-1557 Fax #: 949-646-5008 Date: _ — Number of Pages(including cover page): B .Q Deputy City Clerk To: INTPERNET ADDRESS: www.surfcity-hb.org H.B. Independent Mike (Legals) Phone: 949-574-4251 *** HB INFOLINE: 714 374-4800 ❑ ❑ 1 110 11 go 11 11011 � I AJ2,11 ff ,A '09 w —44� VV44�e .� (f cy I D 9 C C.-I a Pu B Lz s tl c--`="rs/97forms/fax-hbindeoendent SECTION A S- NOTICE INVITING SEALED BIDS 5- For the S'a9'O'3 URBAN STORM WATER RUNOFF TREATMENT PROJECTS CASH CONTRACT No. 1179 and 1212 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on June 4, 2003. 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 $25.00 nonrefundable fee if picked up, or payment of a $35.00.nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 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 of A-1 the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 76' day of April and 5d day of May, 2003. Attest:0 Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 TRANSMISSION VERIFICATION REPORT TIME : 05/09/2003 11:24 DATE,TIME 05/09 11:23 FAX NO./NAME 919496465008 DURATION 00:00:51 PAGE(S) 03 RESULT OK MODE STANDARD ECM �,-, �,, via /, y- 11j PV4 10,- /'- Cfi rl e w . 0 J FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH �—_ * P.O. Box 19012000 Main Street Huntington Beach, CA 92648 .HUNTINGTON BEACH Ph. (714) 536-5227 Fax 714) 374-1557 Fax #: 949-646-5008 — Date: _ 67 Number of Pages(including cover page): De u Ci Clerk To: INTERNET ADDRESS: www.surfcity-hb.org H.B. Independent Mike (Legals) Phone: 949-574-4251 *** HB INFOLINE. 794 374-4800 *** ❑11 10 1 go 110 1 1111 J� Kp� P I w cyt��9 LAG Pu B Lz s tj SECTION A NOTICE INVITING SEALED BIDS For the URBAN STORM WATER RUNOFF TREATMENT PROJECTS CASH CONTRACT No.1179 and 1212 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY 'OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on June 4, 2003. 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 $25.00 nonrefundable fee if picked up, or payment of a S35.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 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 of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 7 h day of April and 5'h day of May, 2003. Attest:0 Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH TRANSMISSION VERIFICATION REPORT TIME : 05/09/2003 11:24 DATE,TIME 05/09 11:23 FAX NO./NAME 919496465008 DURATION 00:00:51 03 RESULT T OK MODE STANDARD ECM U V '44 City of Huntington Beach URBAN STORM WATER RUNOFF TREATMENT PROJECTS HUNTINGTON BEACH CC-1179 & CC-1212 Bid Date & Time : June 4, 2003 2:00 P.M. Engineer's Estimate: $840,000 BIDDER'S NAM-.TOTALBIDAMOUNT wj nz, Wes I m er", F/r XO, FA 53 j M/A AFJ WA I g, mmmL #MW#W/ M/ - I W MUZAMWIRA A i a"114A��,�� ' 1 • / "1 /r 1 MOM MVA Page 1 of 2 CITY OF HUNTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorney Date Date: Request made by: Telephone: Department: 8112/03 David Verone 8471 - PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)* ❑ General Legal ® Document Review Assistance (Ongoing) (Allow 2-10 working days)* * All deadlines are based on the date the City Attorney's Office receives the RLS. RECEIVED This reque revie ed and approved. AUG 13 2003 Signature of rtment Head City of Huntington Beach City Attorney's Of€Pce COMMENTS Please identify all attachments to this RLS. Please review and approve "As to Form" the following contract documents furnished by GCI Construction, Inc. contractor for the Urban Storm Water Runoff Treatment Project. Project CC 1179 & CC 1212 1. Payment Bond # 08491126 2. Performance Bond # 08491126 3. Insurance 4. Agreement -for signature only( with attachment A) Shaded areas for City Attorneys Office use only. This request for Legal Services has been assigned to Attorney extension . His/her secretary is , extension Notes: Date Completed: RI C r (1NTPArT rinr R/19/9nnR A-! CITY OF HUNTINGTON BEAQ,/ MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: PW 03-020 Council/Agency Meeting Held: 6/14- Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu Council Meeting Date: May 5, 2003 Department ID Number. PW 03-020 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS _ -- N C' - SUBMITTED BY: RAY SILVER, City Administrator X4P PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works y SUBJECT: AUTHORIZE ADVERTISEMENT FOR SEAPOINT STREET/GARFIELD AVENUE STORM WATER TREATMENT PROJECT, CC-1212 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Beach Outlet Storm Water Treatment Project, CC-1212. Authorization to advertise the project for bids is requested. Funding Source: Funds are budgeted in Storm Water Quality Fund, Storm Water Treatment, Drainage Improvements, 89288003.82500. Funded by an Integrated Waste Management (IWM) grant ($120,000) & Orange County Urban Runoff Matching grant ($60,983). The engineer's cost estimate is $150.000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for Seapoint Street/Garfield Avenue Storm Water Treatment Project, CC-1212. Alternative Action(s): Direct staff to not move forward with the project at this time. Analysis: In March 2002, the Public Works Department submitted an application for grant funding to the California Integrated Waste Management Board for the installation of an in -line storm drain treatment structure to improve the quality of runoff entering into the Upper Bolsa Chica Wetlands. Resolution 2002-42, requesting the grant funds from the Solid Waste Disposal Site Cleanup Trust Fulitl, was approved by the City Council on May 6, 2002. The grant was approved by the Integrated Waste Management Board on July 22, 2002, in the amount of $120,000. An additional $60,983 was obtained through the Orange County Urban Runoff Matching Grant program. 03-020 May 5 Erdman (COS Seapofnt Outlet) —1— 411812003 2:113 PM RLYUEST FOR COUNCIL ACTIOA MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: PW 03-020 This project will install a continuous deflective separation (CDS) unit at the Seapoint/Garfield location. This gross polutant separator device removes trash, debris and other particulate matter from low flow urban storm water runoff at the storm drain outlet that discharges onto the Bolsa Chica Wetlands. The unit will be located within the right-of-way, but out of the travel way. (Attachment 1). The unit is approximately nine feet in diameter and will be installed below ground to be compatible with the depth of the existing storm drain line. Gross pollutants are captured over multiple rain events and are removed three to four times a year. A vactor truck has been purchased with Proposition 13 grant funds to remove trash and debris from the treatment structures. Plans and specifications are in final preparation and staff now requests permission to advertise for bids. Public Works Commission: The Public Works Commission reviewed and approved this project on April 16, 2003, by a vote of 6-0-1 (Commissioner Scheid was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). A Coastal Development Permit is pending and will be obtained prior to award of project. Attachment(s): RCA Author: D Erdrnan:cf 03-020 May 5 Erdman (CDs Seapoint Outlet) —2— W2112003 9:11 AM V ATTACHMENT #1 i '`� C t . o r a i rt .. � 3 t � a 4J E RCAROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR SEAPOINT /GARFIELD STORM WATER TREATMENT PROJECT, CC- 1212 COUNCIL MEETING DATE: May 5, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the gtZ Attome Not Applicable Subleases, Third Party Agreements, etc. _(Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome) Not Applicable Financial Impact Statement Unbud et, over S5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If a licable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant Ci Administrator initial City Administrator Initial ory City Cleric ( )' EXPLANATION FOR RETURN OF ITEM: Jq�— �i • 6JZ AMA A) � pc-v Cl Y OF HUNTINGTON BEACH �- MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-013 Council/Agency Meeting Held: y 7 --eJ3 Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signafure Council Meeting Date: April 7, 2003 Department ID Number: ' PW 037-013 . r. CITY OF HUNTINGTON BEACH w REQUEST FOR COUNCIL ACTION w SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator wa REPAIRED BY: ROBERT F. BEARDSLEY, Director of Public Work I SUBJECT: AUTHORIZE ADVERTISEMENT FOR BEACH OUTLET STORM WATER TREATMENT PROJECT, CC-1179 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Beach Outlet Storm Water Treatment Project, CC-1179. Authorization to advertise the project for bids is requested. Funding Source: Funds are budgeted in Account No. 89288003.82500, Proposition 13 2000 Water Bond Act Grant. The engineer's cost estimate is $1,000,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for Beach Outlet Storm Water Treatment Project, CC-1179. Alternative Action(s): Direct staff to not move forward with the project at this time. Analysis: This project will install seven gross pollutant separator devices that will remove trash, debris and other particulate matter from the urban storm water runoff at the twelve storm drain outlets that discharge onto the City's beaches. Gross pollutant separators are devices that will remove trash, debris and other particulate matter from the urban storm water runoff before it flows onto the City's beaches. The majority of the units will be located within the landscaped bike path area and old access road between Pacific Coast Highway and the beach sea wall. The units, which are located below ground, are eight to twenty feet in diameter and are installed from fifteen to twenty --five feet deep, depending on the depth of the existing storm drain line. Gross pollutants are captured over multiple rain events and are removed approximately three to four times a yeaFA vactor truck 03-013 April 07 Erdman (CDs Beach Outlets).doc x 3/24/2003 11:21 AM P REQUEST FOR COUNCIL ACTION MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-013 has been purchased from the same Prop. 13 grant to remove trash and debris from the treatment structures. Cleaning of a unit takes approximately one to two hours. This project has been approved by the State Water Resources Control Board as part of a $4 million grant for storm water quality improvements. The engineer's cost estimate for the project is approximately is $1,000,000. Public Works Commission: The Public Works Commission reviewed and approved this project on February 19, 2003 by a vote of 6-0-1 (Commissioner Johnson was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). A Coastal Development Permit is pending and will be obtained prior to award of project. Attachment(s): List attachment(s) below. RCA Author: D Erdman:jm 03-013 April 07 Erdman (CDs Beach Outlets).doc 3/24/2003 11:21 AM ATTACHMENT #1 LOCATIONS CDS STORM WATER TREATMENT PROJECT 7th ST. TO GOLDEN WEST ST. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS j ' RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR BEACH OUTLET STORM WATER TREATMENT PROJECT, CC-1179 COUNCIL MEETING DATE: Aril 7, 2003 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable V; RCA Author: D. Erdman Document2 07/14194 CITY OF HUNTINGTON BEACH l` 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 Atlas -Allied, Inc. 1210 N. Las Brisas Anaheim, CA .92806 Re: CC-1179.& CC-1212 Urban Storm Water Runoff Treatment Projects Enclosed please find your original bid bond issued by The American Institute of Architects for CC1179 & CC1212. Connie Brockway, CMG City Clerk CB:pe Enclosure g:/followu p/cashcont/retu rn bidbond.doc procedure #13 ( Telephone: 714536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS that we. ATLAS -ALLIED, INC. 1210 N. Las Brisas Anaheim, CA 92806 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 225 S. Lake Avenue, Suite 700 Pasadena, CA 91101 a corporation duly organized under the laws of the State of MARYLAND as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street 2nd Floor, Office of City Clerk Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CASH CONTRACT No. 1179 and 1212 - Urban Storm Water Runoff Treatment Projects NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such 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 2nd day of June, 2003 ess W � FIDELITY E usan onse aness AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ATLAS -ALLIED, INC. Eva Siciliani, Secretary/Treasurer J.W. Johnson, Attorney -in -Fact State of California } } ss. County of Orange } On June 2, 2003 before me, BRAD L. SETTGAST, Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') Personally appeared J.W. JOHNSON )SO•>0400b900040000400000 B,RAD'L SEITCASTQD r CON1M # 1253598 M ClNOTARY PUBLIC - CALIFORNIA 13 W ORANGE: COUNTY .i a X _j My Cornmi-ion Expires Feb. 1 a, 2004 4 ® personally known to me E] pFeved to me on the basis of satisfaGtOFY evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 000000 4 000 4 �� •> e � � n • Taia offici I seal. Place Notary Seal Above to otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: BID BOND Document Date: June 2, 2003 Number of Pages: Signer(s) Other Than Named Above: ATLAS -ALLIED, INC. Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner --- ❑Limited [ ® Attorney-in=Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01997 National Notary Association . 9350 Desoto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2; of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint J. W. JOHNSON, of Fullerton, California, its true and lawful -in- o make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o ngs and the execution of such bonds or undertakings in pursuance of these ° as ompany, as fully and amply, to all intents and purposes, as if they had bee�r}y� n a e regularly elected officers of the Company at its office in Baltim �� }} wr� is power of attorney revokes that issued on behalf of J. W. Johnson, date r 1� 9. nvC1 The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° any, and is now in force. IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of February, A.D. 2003. ATTEST: _ o � J r1�A V W r � State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By; z4; 4z— Paul C. Rogers Vice President On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-4152 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice --President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2nd day of June 2003 Assistant Secretary CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 Buso Constructors, Inc. 14700 Firestone Blvd., Suite 103 La Mirada, CA 90638 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Maryland (Bond #30517119) for CC1179 & CC1212. L00�� ow4/47�- Connie Brockway, CM City Clerk CB:pe Enclosure g:/followup/cashcont/retu mbidbond. doc procedure #13 ( Telephone: 714536-5227 ) o Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL -MEN BY THESE PRESENTS: That we, BUSO CONSTRUCTORS, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bond No. 30517119 , as Principal, (hereinafter called the "Principal"), P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN ------- -- Dollars ($ 10% OF TOTAL BID PRICE ), 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 Urban Storm Water Runoff Treatment Proiects between Seventh St. to Golden West St., Cash Contract 1179 and Garfield Ave. and Bid Date: June 4, 2003 St., Cash Contract No. 1212 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of May A.D., 2003 Bu c rs, Inc. (SEAL) Principal Witness fps Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Sure B _ (SEAL) M. BR Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 5-22-03 before me, BARBARA J. BENDER, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER • E.G..'JANE OOE. NOTARY PUBLIC personally appeared OWEN M. BROWN NAMES) OF SIONER(S) ' ® personally known to me - to be the persons) whose name(&) is4am subscribed to the within instrument and ac- knowledged to me that heAbg executed the same in his/kaotc authorized capacity), and that by his/XViK 8MBAU J. BENDE? signature(siP) on the instrument the person(*), C0rrVnh9W M 1267491 NotalyKbk- Caufmia _ or the entity upon behalf of which the °mpaco""tyr person(*) acted, executed the instrument. My corm. l iras M 13. M P (� ) OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED. ❑ GENERAL = ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA 4 OF KRACN(s) OR EtrTiTlr(IES) FIDELITY AND DEPOSIT COMPANY OF MARYLAND DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT ONE (1) NUMBER OF PAGES 5-22-03 DATE OF DOCUMENT BUSO CONSTRUCTORS, INC. SIGNER(S) OTHER THAN NAMED ABOVE Ne.SQ07 O1QQ..1 NATIr1NAI Nr1TARY ASC(1r.IATIr1N . ADIA Q.—m.1 Au- P M Qn 710A .,`. . D.A. P♦ 019AQ_740A Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of.said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 'nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and lawf yj - to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and �ao ngs and the execution of such bonds or undertakings in pursuance of these as ompany, as fully and amply, to all intents and purposes, as if they had be ° n a n e regularly elected officers of the Company at its office in Baltim�f ow is power of attorney revokes that issued on behalf of Owen M. BROWN 22U1 VA The said Assistant �c at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° C any, and is now in force. IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 lth day of February, A.D.2003. ATTEST: '�� DEPps�r o c O t� ✓ f State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. L. Goucher . Assistant Secretary M. P. Hammond Vice President On this I Ith day of February, A.D. 2003, before the subscriber, a Notary Public of .the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �YNHIfp_ Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd day of MAY 1 2003 Assistant Secretary CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 Clarke Contracting Corporation P. O. Box 519 Lawndale, CA 90260 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects CALIFORNIA 92648 Enclosed please find your original bid bond issued by The American Institute of Architects for CC1179 & CC1212. dmz� Connie Brockway, CMC/ City Clerk CB:pe Enclosure g:/followu p/cashcont/retu m bidbond.doc procedure #13 (Telephone: 714-536-5227 ) Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Clarke Contracting Corporation as Principal hereinafter called the Principal, and Federal Insurance Company 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 ofTen percent of the total amount of the bid Dollars ($10% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Urban Storm Water Runoff Treatment Prolects NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or'bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such 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 21 st day of May 2003 Clarke Contracting Corporation Principal (Seal) Witness By; -John J. Clarke, Pres. Name/Title Federal Insurance Company Surety (Seal) Witness By. Doug s A. Rapp Attorney -in -Fact ORSC 21328 (5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. MAY 2 1 2003 CHRISTOPHER J. COATS, NOTARY PUBLIC On , before me, , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared DOUGLAS A. RAPP Name(s) of Signer(s) OFFICIAL SEAL CHRISTOPHER J. COATS F = NOTARY PUBLIC CALIFORNIA co _ COMMISSION # 1267699 C to ORANGE COUNTY My Commission Exp. July 15, 2004 Place Notary Seal Above ® personally known to me ❑ 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. e of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual o Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 Be Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-68V r WER Federal Insurance Compar Ann: Surety Department Chubb JF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 a♦ueB _ Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California ----------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 14th day Of May, 2003 Kenneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY County of Somerset ss' T. W. vanaugh, Vice President On this 14th day of May, 2003 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with T. W. Cavanaugh, and knows him to be Vice President of said Companies; and that the signature of T. W. Cavanaugh, subscribed to said Power of Attorney is in the genuine handwriting of T. W. Cavanaugh, and was thereto subscribed by authority of said By -Laws and in deponents presence. Nota * = p � - Karen A. Price Uj o� 9 \, W Notary Public State of New Jersey eJe� No. 2231647f�Q N E W Notary Public Commission Ex��°I3rrF A404 Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and sW be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companiesl do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of . Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren, NJ this 21 St day of May, 2003 as>Jfwv� Baum � `�,yuaMrc� Kenneth C. Wendel! Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3497 Fax (908) 903-3656 e-mail: surety@chubb.com Form 15-10-0225B (Ed. 10-02) CONSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 28, 2003 before me, Ann A. Takahashi, Notary Public , Date Name, Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared John J. Clarke Name(s) of Signers) personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ] ANN A. TAKAHASHI t o; COMM.1287370 m y ® ;Notary Public California N —�� W LOS ANGELES COUNTY Signature of Notary My Comm. Exp. Jan. 12, 2005 OPTIONAL----------------------------------------------- Although the information requested below is OPTIONAI, it could prevent fraudulent reattachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIlvIITED GENNERAL ATTORNEY -IN -FACT -TRUSTEE(S) . GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT City.of Huntington Beach Urban.Storm Water Runoff Treatment Project Cash Contract No. 1179 & 1212 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 Cody Engineering, Inc. P. 0. Box 341 Norwalk, CA 90651 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects CALIFORNIA 92648 Enclosed please find your original bid bond issued by First National Insurance Company of American (Bond #6077400-156) for CC1179 & CC1212. 401� oav�v- Connie Brockway, CM City Clerk CB:pe Enclosure g:/followu p/cashcon t/retu m bid bond.doc procedure #13 ( Telephone: 714-536-5227 ) First National Insurance Company of America BOND NO.: 6077400-156 KNOW ALL MEN BY THESE PRESENTS: That we, CODY ENGINEERING. INC., (hereinafter called the Principal), and FIRST NATIONAL INSURANCE COMPANY OF AMERICA , a corporation organized and doing business under and by virtue of the laws of the State of WASHINGTON, 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 THE CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for URBAN STORM WATER RUN-OFF TREATMENT PROJECT BID NO. S 1179 & 1212 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 3RD day of JUKE, 2003. F31 S A F E C a POWER OF ATTORNEY FIRST NATIONAL SURETY PO BOX 34526 SEATtLE, WA98124-1526 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 No. 10658 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint rrr•rrrrrrrrrrrrrrrrrrrrrrrrrrrrrRANDY SPORN; ELIZABETII LEM; ZARA SPOIRJ; DONNA CART,SON; Santa Ana Cell(omiarrrtrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�rrr• its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of Its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th CHRISTINE MEAD, SECRETARY CERTIFICATE day of November Y c C�` MIKE MCGAVICK, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2002 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in fact or under other appropriate does with auUwrity to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed try facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.* Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 0 ,+ +_ this 3rd day of June CHRISTINE MEAD, SECRETARY 2003 S-1049/FNEF 7/98 ® A registered trademark of SAFECO Corporation 11/202002 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On before me, ZARA S. SPOHN, NOTARY PUBLIC, personally appeared Randv Spohn , ® personally known to me -OR- ❑ aZARA S. SPOHN COMM.#1230889Notary Publk-Califomia NWORANGE COUNTY Y a My Comm Exp. July 31, 2003 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 upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. �—ri✓L �.. S Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On & - 3 _0 before me, ZARA S. SPOHN, NOTARY PUBLIC personally appeared ROBERT R. KRATZ , X personally known to me -OR- ❑ ZARA S. SPOHN COMM. #1230889 m Notary Public-Califomla W ° ORANGE COUNTY ....o..,. My Comm. Exp. July 31, 2003 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 upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. _a12' 1. S -.5- Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER XX INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT .J 0 CITY OF HUNTINGTON BEACH * " J 2000 MAIN STREET CALIFORNIA 92648 L01 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 Paulus Engineering 2871 E. Coronado Street Anaheim, CA 92806-2504 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects Enclosed please find your original bid band issued by Great American Insurance Company (Bond #1306696) for CC1179 & CC1212. 4:�'lrl,G 490d Connie Brockway, Ckfc City Clerk CB:pe Enclosure g:/followu p/cashcont/retu m bidbond. doc procedure #13 (Telephone: 714-536-5227 ) PREMIUM NIL Bond No. 1306696 G1W iVvERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, PAULUS ENGINEERING, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, THE CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this WHEREAS, the said principal IS 27TH day of MAY 20 03 herewith submitting A proposal for URBAN STORM WATER RUNOFF TREATMENT PROCESS CONTRACT NO. 1179, 1212 NOW, THEREFORE, the conditior of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. PAULUS ENGINWING., INC. Principal GREAT WERICAN INSURANCE COMPANY By. L - DAVID L. CULBERTSON Attornev-in-Fact T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5/27/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. @LEXIESHERWOODg 000MtA # 1311304 NOTARY PUBLIC-CALIFORNIA.+nS qn ure fNotary Public 2ORANGE COUNTY 0 COMM. EXP. JULY 27, 2005 1 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. DESCRIPTION OF ATTACHED DOCVMENT BID BOND TITLE OR TYPE OF DOCUMENT NUHHER OF PAGES 1 DATE OF DOC ME24T 5 / 2 7 / 0 3 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) GZEr'►T AK ERICAN INSURANCE COMPANY° 580 WALNUT STREET o CINCINNATI, OHIO 45202. 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY No. 0 14046 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June . 2001 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 19th day of June, 2001_ , before me personally appeared DOUGLAS R. BOWEN. to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety. an v and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certdicate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 27TH day of MAY 1 2003' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 06/04/2003 before me, Brian E. Harris, Notary Public Personally appeared Jason Paulus personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WZtneSS my hand and official seal. Signature of Notary Public r�;:. Cammi .: n 1348554 i-+a� - Notary Public - Cati`omla Loy; An . •ales County MyCr 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. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 06/04/03 CA PA CITY CLAIMED BY SIGNER ❑ INDIVIDUAL N CORPORATE OFFICER SecretarYN.Pres. TITLE (S) ❑ PARTNER (S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: Paulus En ineerina. Inc. NAME OF PERSON (S) OR ENTITY (S) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 Southern California Underground Contractors, Inc. P. 0. Box 1747 Brea, CA 92822-1747 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects CALIFORNIA 92648 Enclosed please find your original bid bond issued by The American Institute of Architects for CC1179 & CC1212. G00�� 6iRw�- Connie Brockway, CM City Clerk CB:pe Enclosure g:/followu p/cas hcont/retu mbid bond.doc procedure #13 (Telephone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Southern California Underground (Here insert full name and address or legal title of Contractor) Contractors, Inc., P.O. Box 1747, Brea, CA 92822-1747 as Principal, hereinafter called the Principal, and International Fidelity Insurance Co any, 1575 Treat (Here insert full name and a dress or legal title of Surety) Boulevard, Suite 208, Walnut Creek, CA 94596 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach, (Here insert full name and address or legal title of Owner) 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10.00% ),i 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 Urban Storm Water RunoffTre�tment��oects (Here insert full name, a dress an a nption of project) 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 gives nd or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the fa' ful per or of such Contract and for the prompt payment of labor and material furnished in the prosecution ther f, or in t event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall ay to the ligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larg r amount for hich the Obligee may in good faith contract with another party to perform the Work covered by said bid, t en this obligat n shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th I day of I June (Witness) (Witness) (Title) Insurance By: 2003 Contractors, Inc. (Seal) )mpany (Seal) Mark E.'ShreckenQast, Ahornev-in-Fact AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 ® Printed on Recycled Paper 9(93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On —7u n -e X02 before me, James C. Jackson, Notary Public DATE NAME, TITLE OF OFFICER . E.G., -JANE DOE, NOTARY PUBLIC' No, 5907 personally appeared George Frost , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized {,.i; r'� ' 1•.':"- .. NOTARY PUBLIC-CAU OF,N!.6' GRANGE COUNTY ,2 capacity(ies), and that by his/her/their M Ccmmi=_lion Er."!r s signature(s) on the instrument the person(s), Y 4PRIL 3, 20C4 ) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF ,AOWY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Southern California Underground Contractors, Inc. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 04, 2003 eoaeeaaeasosoaaoaasoaa000aaae00000000 lUL11 K OSR ..0110 DYD X ;;I. #£1302326 R INUI'Y PULLr - CALF99-141A S =' '<• LD�S F,'!CcLFS CGC'; iY 2 y 7 _"1 "ly Cc.11m. F.vfiiQJ Cl, LGOJ 0 O -'0�s•4:, 'd 90 S0000000tOae000a00000008008 Place Notary Seal Above , before me, Julie M. Ormondroyd , Notary Public, personally appeared Mark E. Shreckengast Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s): Partner- _Limited General X Attorney -in -Fact ^ Trustee . Guardian Other: Signer is Representing: Tel (973) 62,�- 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK. NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint MARK E. SHRECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. is true and lawful atiorney(s)-in-fact to execute, seal and deliver for and on is behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Department of Transportation, State of Florida, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attornev is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed byfacsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers 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 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 tyre future with respect to any bond or ,undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and is corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. DAP B�r "Z INTERNATIONAL FIDELITY INSURANCE CONfr SEAL `� T STATE OF NEW JERSEY 6 y 904 p� County of Essex d�1H/ � ��`� Secretar On this 31st day of August 1998, before me came the individual who executed thepreceding instrument, to me personally known, and, being by me duly sworn, said the he is dhe therein described and authorized officer of the INTERNATIONAL �IDELITY INSURANCE COMPANY; that the ieal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. /MAAQG IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, /� P �� at the City of Newark, New Jersey the day and year first above written. 0 NOTARY L PUBLIC �. !�► �k it JEas� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 4th day of June 2003 Assistant Secretary ra o CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 17, 2003 SRD Engineering, Inc. 18200 Yorba Linda Blvd., Suite 100 Yorba Linda, CA 92866 Re: CC-1179 & CC-1212 — Urban Storm Water Runoff Treatment Projects CALIFORNIA 92648 Enclosed please find your original bid bond issued by Fidelity and Deposit Company (Bond #08560208) for CC1179 & CC1212. 4� owl� Connie Brockway, CM City Clerk CB:pe Enclosure g:/followu p/cashcont/retu mbid bond.doc procedure #13 ( Telephone: 714-536-5227 ) Bond No. DB5fiD208-____-__-___-_ Fidelity and Deposit Company . ; POST OFFICE BOX 1227 OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That we, --------- ---_-_-_____SRDENGINEERING, INC. BAL77MORE, MD 21203 , as Principal, (hereinafter called the "Principal"), and,the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly torganiied under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held_ and firmly bound unto___— THE CITY OF HUNTINGTON BEACH Obligee, (hereinafter called the "Obligee"), in the sum of_ TEN PERCENT OF _AMOUNT BID ------------- ----- ($----------10%-------_) ___________________Doll Dollars 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 ------------------- —----------------------------------------- ------ - ---------- --_____-_.____ URBAN STORM WATER RUNOFF TREATMENT PROJECTS CC NO. 117.9. & 1212 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shah' be null and void, otherwise to remain in full force and effect. Signed and sealed this - 29TH-----------------------------day of- ------- ----- ----- =----- MAY--------------A.D.,20 03 SRD ENGINEERING, INC.--- ------ (SEAL) ----------------------------------------------------- Principal BY: cS. sE J-V ---------------------------------------------------------- FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety ------------------------------------------------ --- SEAL Witness RI HARD A. COON Title C325f-50M. 7.92 ATTORNEY -IN -FACT Conforms to American Institute of Architects Document A-310. February 1970 Edition CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5/29/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared RICHARD A. COON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my ha and official seal. 1L0 EXIESHERWOODa �.► COMM. # 1311304 NOTARY PUBLIC-CAUFORNIA +n ORANGE COUNTY 0 S ' ure f klotary Public COMM. EXP. JULY 27, 2005'' 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TIME OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/29/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND _, _er NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appnt Richar (�A. Coon of Anaheim, Californ its e and lawful agent and Attorney -in -Fact, to make, execute, any and all bonds and undertakings..... ion its behalf as surety, and as its act and deed: n e execution of such bonds or undertakings in purs f these pr shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been d uted and ledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper \� O o The said Assistant Secretary does hereby certi a extract � on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is no Dice. IN WITNESS WHEREOF, the said Vice- ' ent and Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AM SIT CO OF MARYLAND, this-- day of Maw' _—�_, A.D. 19 95 0� FIDELITY AND DWZT COMPANY OF MARYLAND ATTEST: By Vice -Pre nt STATE OF MARYLANI COUNTY OF BALTIMORE 1 On this — day. of____ May A.D. 19 95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `P9 P18 0 g' CAROL J. FADER Notary Public My Cormnission Expires August 1. 1996 Csr-l-voI a10KN0 I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do -hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 29TH day of ----- -MAY - - ----------------- 2003 . Assistant Secretary LI428c-012-4150