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HomeMy WebLinkAboutGILLESPIE CONSTRUCTION, INC. - 1993-08-16CITY OF HUNTINGTON BEACH iNTER-DEPARTMENT COMMUNWATiON HUNTINGTON BEACH 7 To THOSE LISTED HEREON From Subject 10Date °/oR�WION PAYMENTCC- ADMINISTRATIVE SERVICES Accounting & Records a- ?,14 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. T. VWLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: a\_ - - LOUIS SANDOVAL 0�Pu blic rks Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. S . Date CONNIE BROCKWAY City Clerk ::.I certify that there are no outstanding invoices on file. - . Date: DONALD WATSON City Treasurer 05T4J WHEN RECORDED MAIL TO: DUC 9 -00 351 City of Huntington Beach 20— aAN_ # 94 0 f ' 00 PM Office of the City Clerk P. 0. Box 190 Recorded in Official Records Huntington Beach, CA 92648 of grange County, California Lee A. Branch, County Recorder Page I of 1 Fees: 11 0.00 Tags'. S 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Gillespie Construction, Incorporated, 245 Fischer Avenue, Suite B-3, Costa Mesa, CA 92626 who was the company thereon for doing the following work to -wit: Inlet (Lakeview) Drive Reconstruction, CC-824. Owner. City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Adams Avenue Bridge and Santa Ana River Nature of Interest: easement l�! That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the The Insco/M co Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this loth day of January, 1994. City Clerk and ex-offic/o Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach) I, Connie Brockway, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this loth day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. zg�nwy'� :zvc'�_ City Clerk and ex-officrd Clerk of the City Council of he City of Huntington Beach, California 1154K/1488K . fe J. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 10, 1994 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, Post Office Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, 4ru Connie Brockway City Clerk CB:cc Enclosure - Gillespie Construction, Incorporated, CC-824 1S56K/1557K [Tslsphorn: 71 C536.52271 WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 I E OF LE I NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Gillespie Construction, Incorporated, 245 Fischer Avenue, Suite B--3, Costa Mesa, CA 92626 who was the company thereon for doing the following work to -wit: Inlet (Lakeview) Drive Reconstruction, CC-824. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Adams Avenue Bridge and Santa Ana River Nature of Interest: easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this loth day of January, 1994. �7lwCi'_ 4 City Clerk and ex-offici'o Clerk of the City Council o the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach) I, Connie Brockway, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this loth day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. City Clerk and ex-offic Clerk of the City Council of ge City of Huntington Beach, California 1154K/1488K I have received Maintenance Bond for Gillespie Construction Inc. - Inlet (Lakeview) Drive Reconstruction on behalf of the Treasurer's Office. Dated / ` ;I' G 7 By: The Insco/Dico. Group M MAINTENANCE BOND APPROVED AS TO FORUS GAIT, HUTTON CITY ATTGRIM KNOW .ALL MIEN BY THESE PRESENTS: BY: A-F� T� utY C Alto. Y BOND NO, 144623P PRENJIUtiS: S NI r.\CU-DFD IN PF.RFORMANCE BO I THAT eve, GILLESPIE CONSTRUCTION, INC. , as Principa and DEVELOPERS INSURANCE COMPANY . a corporation organized and doing business under and b virtue of the laws of the State of Camornia and duly licensed to conduct surety business in the State of California, e Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH HUNDRED THIRTY—FOUR NO11 as Obligee, in the sum of ONE HUNDRED SEVENTY—TWO THOUSAND SIX (S 172 634.00 Dollars, for which payment. well and truly to be made, we bind ourselves, our heirs, executors and successor: jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SC -CH THAT. X%7HEREAS, the above named Principal Entered into an agreement or agreements with said Obligee to: - INLET (LAKEVIEW) DRIVE RECONSTRUCTION: G.C. NO 824 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements a described therein for a period of one year following final acceptance of sai6 improvements; NONV. THEREFORE, if the abo,.e Principal shall indemnify the Ohl:gee for all loss that Obligee may sustain b F, reason of an4 defective materials or workmanship which become apparent during the period of one year from an after acceptance of the said impro%ements by Obligee, then this obligaticn shall be void, otherwise to remain in fu force and effect. IN %vrr.xESS NVHERE OF, the seal and signature of said Principal is hereto affixed and the corporate seal and th name of the said Suretv is hereto affixed and attested by its duly authorized Attorney -in -Fact this _ 3 rd day of JANUARY , t 994 REVEL ERS INSU 'C CO. GILLESPIE ONSTRUCTION, INC. MIC EL D. ST N , Atmm. y., 33 i ire Anaheim. C.a 2801 /�' tOk>> it C RF+ i are POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 160536 P_O. BOX 19725. IRVINE, CA 92713 • (714) 263-3300 NOTICE t _ All power and a'thoray herein gr4rnled Shall in any event terminate on the 31st day of March. 1996. 2_ This Power of Attorney is void ;f altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, :he signatures are in blue ink and this notice is in red Ink 4_ This Power of Attorney should not be returned to the Astor ney(s)-In-Fact. but should remain a permanent part of the obligee's records KNOWALL MEN BY THESE PRESENTS. that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly. hereby make. consinuie and aopoint ***MICHAEL D. STONG*** the true and lawful Attorney(SI-In-Fact. to make. execute. deliver and acknowledge. for and on behalf of each of said corporations as sureties, bonds. undertakings and Contracts of Sure:yship in an amount not exceeding Two M Ilion Five Hundred ThouSard Dollars ($2.500.000) in any single undertaking. giving and granting unto Said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in Connection therewith as each of said corporations could do, but reserving to each of Said corporations full power of Substitution and revocation. and all of the acts of said Attorney(s)-in•FaCi, pursuant to these presents, are hereby ratified and confirmed Theauthority and powers conferred by this Power of Attorney do not extend to any cf the following bonds. undertakings or Cor.VaCls of Suretyship_ Bank deposL•.ory bonds, mortgage deficiency bonds, mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds, bonds on finar.c•al inst: utions. lease bontls, insurance company qualifying bonds. self -insurer's bonds. fidelity bonds or bail bonds - This Power of Attorney is granted and is signed by facsimile under and by author.ty of the following resolutions adopted by :he respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. erective as of September 24, 1986 RESOLVED. that the Chairman of the Board. the President and any Vice Presidert of the corporation be, and mat each of them hereby is. authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute. On behall of the corporation_ bonds. undertakings antl contracts of s:;re:yship, and that the Secretary or any ASsis- lan[ Secretary Ot the corporation be. and each Of :hem hereby is. au'orized to attest the execution of any such Power of Attorney. RESOLVED. FURTHER. -hat the signatures of such o:ticer$ may be affixed to any such Power of Attorney or to any certdica'e relating thereto by facsimile, and any such Power of Attorrey or certificate bearing Such facsimile sigratures shall be valid and binding upon the corporation when So a::ixed and in the future wd:1 respect to any bond. undertaking or contract of suretyship to which it is attached - IN WITNESS WHEREOF- INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presens to be signed by their respec- tive Presidents and attested by their respective Secretaries :his 1st day of April_ 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By _.._—. By - 4— Da F Vincenti. Jr 4nFQ1' VncenllJrPresident D%,, esident zATTEST � ATTEST 1 By By — Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) I SS. COUNTY OF ORANGE On April 1. 1993. before me. TreSa Taafua_ personally appearec Dante F Vincenti. Jr_ and Walser Crowell_ pe•sona:ly known :0 me (or provided to me on the basis of satisfactory evidence) to be the person(S) whose narne(s) is:'are Subscribed to the w.th:n inSiruMent and acknowledged to me that he/$heltney executed the same in his/her/their authorized capac :y(ies). and that by his!herltheir Signature{s) on the -nsirLfn-ent the perSonl Sj. or the ent.:y upon behalf of which the personiisj acted. executed the insCJment WITNESS my hand and oft cial seal OFFICIAL SEAL Signature-—~4 - - f TIRI*SATAAFIiA ��•^• • - � NOTARY PUBLIC •CALIFORNIA PRIwrrAL OFFICE IN ORANGE COUNTY My Corry►won Epp. Aug. 4, 1995 --------------------- CERTIFICATE The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remain$ in full force and has not been revoked: and turtherr+ore, that line prov.sions Of the reSoluiionS of the respective Boards of Directors Of said Corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City of Irvire. Californ;a. this 3 rd day of JANUARY ___ 1S9 4 INDEMNITY COMPANY OF CALIFORNIA AV Ayr DEVELOPERS INSURANCE COMPANY n6Lq, `O`e*VOiP*j'�� ���777fff �?` pPCN'i, z OCT 5, �Ic ( v o�WAR 2T. f BY 3 im n By c—' is's '. L.0 Fiebiger r+� �� i L C Fiebiger or `� Senior vice President ~ r`ro :+ Senior Vice President ID-310 REV_ 4193 REQUEST FOR CITY COUNCIL ACTION Date: January 3, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: _V�'_� is F. Sandoval, Director of Public Works Subject: Inlet (Lakeview) Drive Reconstruction; NOTICE OF COMPLETION APPROVED BY CITY COUNCIL I r 191k c" Consistent with Council Policy? [XJ Yes I I New Policy or Exception Statement of ssue, Recommended Action, Analysts, Environmental Status, Funding Source, Alternative Artinn- Attachments - STATEMENT OF ISSUE: Gillespie Construction, Incorporated, has completed the Inlet (Lakeview) Drive Reconstruction project; Cash Contract 824. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract 824, Inlet (Lakeview) Drive Reconstruction, and authorize the City Clerk to File the Notice of Completion; 2. Approve the total project cost of $176,531.27. ANALYSIS: On August 16, 1993, the City Council awarded a contract to Gillespie Construction, Inc., for the Inlet (Lakeview) Drive Reconstruction project, Cash Contract 824. Gillespie Construction has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount: $164,242.00 S159,107.54* Construction Change Orders: $16,400.00 $13,526.53 Supplemental Expenses: $4,358.00 $3,897.27 Total: $185,000.00 $176,531.27 As the Cost Summary indicates, a savings of $8,400 occurred as a result of the actual expenditures being nearly 4.6% less than estimated. * Contract amount reflects actual quantities for the reconstruction. 4 Inlet (Lakeview) Drive Reconstruction Cash Contract 824 January 3, 1993 Page 2 ENVIRONI%IENTAI. STATUS: NIA FUNDING SOURCE: Sufficient City Gas Tax funds were budgeted and available in account E-SF-PC-8246-32-00 for this project. However, this project was also funded with a grant of $40,000 from the California Integrated Waste Management Board. Taking this into consideration, the total capital outlay for the City of Huntington Beach has been reduced to $136,531.27. ALTEMNATIVE ACTION: NIA ATTACHMENTS: Request for payment to the California Integrated Waste Management Board per Contract Number IWM-C2076. � c� CONTRACT' NUMBER: DATE: Purpose of Expenditure: COST SUMNURY lW AT-C2076. Progress Payment No. 1 - November 2, 1993. (Gillespie Construction to the City of Htg. Bch.) Progress Payment No. 2 - November 18, 1993. (Gillespie Construction to the City of Htg. Bch.) Per Contract. Recipient: Gillespie Construction, Incorporated 245 Fischer Avenue, Suite B-3 Costa N; lesa, California 92626 Lic. No. 447025 (714) 957-0233 DV/M/W Business Enterprises: NIA, Amount: $40, 000.00 Sheet 1 of 1 CALIFORNIA INTEGRATED WASTE PROGRESS PAYMENT DATE- December 15, 19 93 MANAGEMENT BOARD PROGRESS PAYMENT No 1 S800 CAL CENTER DRIVE 'CONTRACTORS NAME: ESTIMATE PERIOD 10/01/93 through 11/29/93 SACRAIMENTO, CALIFORNIA 95526 CITY OF HUNTINGTON BEACH JOB LOCATION East of Ewards Street/North of Huntington Lake 2000 MAIN STREET CASH CONTRACT No 824 CONTRACT No.: IWtiI-C2076 HUNTINGTON BEACH, CALIFORNIA 92648 INSPECTOR Duane Wentworth (714) 536-5431 PROJECT KkNAGER Douglas Stack Item No. Descri #tcZxt Contract 'Quantify'�al'xeriaus Quaaat; ar Quantityor %tTtisEstfmaie i}nitPrice ` .Amount thisaffmabe TotalQuandiy of°1bfava-M Total Amount ' ttt"Bate 1 Construct untreated base 1,113 tons tons 1,112 tons S950 ton $10,56400 1,112 tons S10,56400 2 Construct ruobenzed A C. pavement • 640 tons tons 334 5 tons S88 00 ton 529,436 00 334 5 tons S29,436 00 3 Construct 4"ARHMsidewalk •• 50 tons tons --Deleted-- tons 4 Construct 6" ARHM curb, "berm" •• 20 tons tons --Deleted-- tons • Th.s is the 0 15'and the 0 20' comb.:.ed into one unit • Item deleted under Change Order No 1 ANTITIES Total APPROVAL FOR PROGRESS PAYMENT APP AL FOR Qrtbl�� C.C.* 824 Payment No 1 Less Retention By• �L �f�- I z-/ �i /97 J —0j Less Previous Paid Robert E. Eichblatt, City Engineer Date DuThe Wentworth, Inspector 15ate Total Amount Due S40,000 00 S40,000 00 S4,00000 S1,� 00 S0 00 S0 00 I 536,000 00 S36,000 00 Filename CMNIBPAY WQ1 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC- FX ,ro� sect -� ( Lcv-. U % -b Ck' UAL T TE1 e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title DECLARATION OF SATISFACTION OF CLAIMS I, G� \\�s �e Consc.-i�a�� , state: (Name"of Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in tie ( public works contract entitled s`v�\e�C1`�u�e�i Dr�v2 Ca�S�h u" and dated I k l-I 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 c' the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. nn Executed at C_jSAI�I, Me.5u, `��orn�S. on this _ day of �e"- , 19 Cc 3. (Sign Oure of Contractor) .j, � CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK September 10, 1993 Gillespie. Construction, Inc. 245 Fischer Avenue, Suite B-3 Costa Mesa, CA 92626 Re: Inlet (Lakeview) Drive Reconstruction; CC-824 Dear Sir: 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. The Declaration of Satisfaction of Claims and the Certificate of Compliance form trust be returned t_o this _office after the project is completed but prior to the release of retentign 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 Don Nobel, Contracts Administrator, 536-544I. Sincerely, .Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction of CIaims Certificate of Compliance 1462K/1463K (Telephone: 714-53"2271 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GILLESPIE CONSTRUCTION, INC. FOR INLET (LAKEVIEW) DRIVE RECONSTRUCTION (CC 824) THIS AGREEMENT is made and entered into this IOth day of Septe,mher, 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GILLESPIE CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR_" WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of street improvements for inlet (Lakeview) drive reconstruction, in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner_ CONTRACTOR agrees to assume the risk of all loss or damage ansing out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other nsks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal 1 AJFlagreea'take However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s)- 2- ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATION CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigations of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly indirectly, to the work covered by this AGREEMENT_ "Contract Documents" as defined herein mean and include, A_ This Agreement B. Bonds covering the work herein agreed upon: C- The CITY's standard plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto, D- The 1991 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E_ Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); 2 AJFIagreerLake F_ The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in he Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decisions said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there by any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith 3- COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum of One Hundred Sixty Four Thousand, Two Hundred Forty -Two Dollars ($164,242), as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein- 4- COMMENCEMENT QPRO ACT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 30 working days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein- 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 3 AJf lagreellake Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. 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- CHANGE CONTRACTOR shall adhere stncUy to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW_ CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR, thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 AJFiagreelLake 7_ NOTICE TO PROCEED No work, services, material, or equipment shall be performed or famished under this AGREEMENT unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY_ CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued- In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability- 8- BONDS CONTRACTOR shall, prior to entering upon the performance of this AGREEMENT, furnish the following bonds approved by the City Attorney- One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work-, one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished- 9- WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items_ Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense- 10 INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and by responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll 5 IUF/agreeAake deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT 11. LIQUIDATED DAMAGES/DELA_YS 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 in Section 4 herein, damage will by sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of workinglcalendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder_ CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify the DPW in writing of the cause of delay and CITY shall extend the time for completing the work if, in its judgment, the finding so f fact thereon justify the delay, and the decision of the DPW shall be conclusive on the parties hereto. 6 AJ F/agreeJLake Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefore 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 delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR_ 12. DIFFEBING SITEiTI (1) NDtice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Document; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; 7 Afflagree/Lake (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefore may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the AGREEMENT, in accordance with the plans and specifications Upon completion of the AGREEMENT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant_ 14 PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof_ From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR When contractor has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all E3 AJF1agreefLake previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY_ Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as an acceptance of any part of the work 15. WITHHELD CONTRACT FUNDS, SUB TITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this AGREEMENT_ 16_ AFFIDAVIT$ OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California_ 17_ WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 18 INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's AJ Flagree/Lake employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation_ 19_ WORKER'S COMPENSATION INSURANCE Pursuant to California tabor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder_ CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY_ CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20_ INSURANCE CONTRACTOR shall cant' at all times incident hereto, on all operations to t>e performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles 10 AjFragreelake and nonowned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds_ CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect dunng the life of this AGREEMENT, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event to aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits_ CONTRACTOR shall require its insurer to waive subrogation nghts against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE_ ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY_ The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this AGREEMENT_ CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the CITY Attorney for approval pnor to any payment hereunder_ 11 AfflagreelLake 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligency, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to contractor_ 23 DISPOSITION QF PLAN$_ ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost 24_ NQN-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety_ 25 CITY EMPLOYEES ANQ OFFICIALS CONTRACTOR shall employ not CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT_ No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code Sections 1090 et seq. 12 AJF lagreelLake 26_ STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements ansing out of the processing of Stop Notices, Notices to Withhold, or any similar legal document_ Said obligation shall be provided for in the tabor and materials payment bond required of CONTRACTOR_ CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices_ CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U-S.C, § 1324a regarding employment verification_ 28- NOTICE,S All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such parry. 29_ CAPTIONS Captions of the Sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT_ 30. LEGAL SERVICES SUBCONTRACTOR 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 § 309, the CITY Attorney is the exclusive legal counsel for CITY; 13 A4JF1agreeJLake and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire AGREEMENT between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR By: Terry D. Gill pie, President By: Floyd Ber6ett, Secretary/Treasurer ATTEST- City Clerk R ED AND APPR CITY OF HUNTINGTON BEACH a municipal corporation of the State o) California �.s� .•R-,�. dr A Mayor APPROVED A TO FORM: City rQ�t--lGf-rney pv INITIATEDIND APPROVED: Director of Public Works City Administrator 14 AJF/agree/Lake I have received the Faithful Performance, Bond and th is bond for -sue on behalf of the Treasurer's Office. 1111-7- ex-� INJ ez _ 8„e /- Dated PERFORMANCE BOND-- PUBLIC WORK Bond 144623P Premium $3,464.00 for contract term (Subject to Audit Adjustment) KNOW ALL MEN BY THESE PRESENTS: That we, GILLESPIE CONSTRUCTION, INC. As Principal, and DEVELOPERS INSURANCE COMPANY, a corporation duly authorized under the laws of the State of Callfornia to become surety on bonds and undertakinga, os Surety, are hold and firmly bound unto CITY OF HUNTINGTON BEACH As Obligee in the full and lust Burn of ONE HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED FORTY TWO AND N01100 - - - - -- -- - - - - - - - Dollars, (S 1642242.00 - - - - - - - }, lawful money of the United States of America, to be paid tothe said Obligee, successors or assigns; forwhiCh payment. well and truly to be made, we bind ourselves, our heirs, executors, successors, admir+lstrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation Is such that; whereas the above bounden Principal has entered into a contract, dated AUGUST 19 , 19 93 , with the Obigee to do and perform the following work, to-wlt: INLET (LAKEVIEW) DRIVE RECONSTRUCTION: C.C. NO 824 APPROVED AS TO FOR911 GAIL HUTTON CITY AT ORITEY as:;s more specifically set forth in said contract, to which contract reference is hereby made; o-,:J+ Ci tyy Attorney Now therefore, it the said Principal shall well and truly perform the Work Contracted to be perforrRed under saidcontract In accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee namod herein. Sealed with our seals and dated this 25 th GILLESPIE CONSTRUCTION, INC. 01026 Aw. &'02 dayof AUGUST DEVEL PERS IN Nnclpa! BY: jai MI HAEL D. .1693 COMPANY ATT W EY-IN-PACT 17780 Fitch Irvine, California 92714 (714) 263-3300 f �§w i ri 'co The b P doll Insco/Dico Group DICO 4 PAYMENT BOND — PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS. That GILLESPIE CONSTRUCTION, INC. Bond No. 144623P Premium included in Performance bond. , as Principal, and DEVELOPFRS INSURANCE COMPANY, a corporation duty organized underthe laws of the State of Callfornla, as Surely. are held and firmly bound unto CITY OF HUNTINGTON BEACH . as Obliydd in the sum of ONE HUNDRED SIXTYy—FOUR THOUSAND rTWO —HUNDRED FORTY TWO AND tr01100 — — Dollars (S 164, 242.00 — } for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, ddmin,slratots. successors and assigns, jointly and severally, firmly by these presents. The Condilion of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a c0nir9et, dated AUGUST 19 , 19 93 , with the obligee to do the following worts 10•wit: OpRCVEi) AS TO FOBU' INLET (LAKEVIEW) DRIVE RECONSTRUCTION: C.C. NO 824 GAIL HUTTON CITY s'iT BY: + f�� i� �� vy AttortaeT Now, therefore, if the shove bounded Principal, contractor, person, company or corporation. OrRtt ftV arr�Z. hlractor, !2,ls to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amountS due uneer the Unemployment Insurance Code, with reSvect towork or tabor performed byany such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate Sum specified in this bond, and also. in case suit is brought upon this bond, a reasonable attorneys fee, which shall be awarded by the court to the prevailing party in said suit, said attorneys fees to be taxed as costs in said suit. This bond shatl inure to the benefit of any person named in Section 3181 of the Clvit Code otthe Slate of California so as to a ript of action to them or their assignees in any suit brought upon this bond. r bond is precuted and Mod to comply with the provisions of the act of Legislature of the State of California as ign3;ed In Civil Code, Sections 3247.3252 inclusive, and all amendments thereto. rIed and Seared this 25TH day of AUGUST 19 93 ILL£SPIE CONSTRUCTION, INC. DEVELOPE S ZNSURANC� MPANY �� Fri^cDa BY: MI 11 EL D. OrL ATTO . Y—IN—FACT 333 Wl'tshire Ave. Anahoim, California 92801 d 020 aw_;r6e (714) 999• t 471 (213) 402-7 p77 - POWER OF ATTORNEY OF IN►,.:MNITY COMPANY OF CALIFORi.rA AND DEVELOPERS INSURANCE COMPANY N2 161136 P O- BOX 19725, IRVINE, CA 92713 • (714) 263-3300 r;OTICE 1 All pCAer anC aulr c: ;y herein 9. anteC Shall in any event terrninate on !re 31st Cay C' fA?.rCn. 1.996 2. Th,s POw'cr of Anorney i5 void it 6l:ered Cr it any p0mon i5 eraseC- 3_ Tt,.S Powe• O! Arrcrney is vo.0 Grless the Seal :s readabre. the Iexf r5 ir. brosn wk. 1Ce s,;%�t_res a: e n bl_e irk and l`:s nolrce is in red ir< a- This Power Of A:•orr.Ey ShOuld net be re:urneC to the A:10•ney15)-lr.-Taz:. but shculo •pmrin a pe,rnanenl part of :he Obi gee s records KNOW ALL MEN BY THESE PRESENTS, that. except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severalty, but not jointly, hereby make, constitute and appoint `MICHAEL D. STONG*''i the true and lavyful Attorney(s),In-Fact- to make. execute, deliver and acknowledge. tot and on behalf of each of said corporations as sureties, bonds. underlakingS and contracts 0: suretyship in an arnoun1 not exceeding Two Million Five Hundred Thousand Dollars (52.500.000) In any single undertaking; Irving and granting unto saio Atlorney(s)•In•FaCi furl power and authority to do and to perform every act necessary, requisite or proper to be done in Connection therewith as each of said corporations could do. but reserving to each O' said Corporations full power of svbsli;ulion and revocation; and all of the acts of said Attorney(5)-in•Fact. pursuant to these presents, are hereby ratified and Confirmed. The authorty and powers conferred by this Power of Attorney do not extend to any of tie following bonds, undertakings or contracts of suretyship- Bank depository bonds. mortgage dehoency bonds. mortgage guarantee bonds. Guarantees 01 Installment paper, note guarantee bonds, bonds on financial inStituions, lease bonds. insurance company quak yang bonds. sell -Insurer's bonds. fidelity bonds or ball bonds Ths Power of Anorney is granted and is signed by facsimile under and by au!hon;y of the following resolutions adopted by the respective Boards of Directors or INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, ellecllve as of September 24• 1986: RESOLVED. that the Chairman Of the Board, the President and any Vice President of the corpora7iOrt be. and that each of them hereby is. authorized to execute Powers of Attorney qualifying the attorney(S) named in the Powers of Attorney to execute, on behalf of the corpormion• bonds. undertakings and contracts of suretyship. and that the Secretary or any Assls ;ant $ecretary Of the corporation be, and each of :hem hereby is, authOnzetl to attest the execution OI any Such Power of Attorney; RESOLVED. FURTHER, that the signatures of such offiCers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power O• Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking Or contract of 5'uretyship 10 whlCh It is attached :N w1TNESS WHEREOF, INOEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec. :ive Presiden:S and attested by their respective Secretaries this 1st day of April. 1993- INDEMNITY COMPANY OF CALIFORNIA By Q, ---- Da. F VlnceM.I. Jr. JL President �ccer+ ► f r� _ C. ATTEST Y I� By Ylaher Crowell Secretary STATE OF CALIFORMA I I SS COUNTY OF ORANGE 1 DEVELOPERS INSURANCE COMPANY By—L - Dan F_ VrnCenti, Jr IPresident ATTEST By — --�1 Wa'ier Crowell Secretary -SUp c ?S—ILF0Tf f r d.c On April 1. 1993. before r-.e_ T •esa Taafua. personally appeared Dante F VinCcnlr_ Jr and Waster Crowell, personally known to me (or provided to me on ;he basis of sab5[actor_. evidence) to be:he Dersor(si whcse na-ne(s) israre subscribed to the w-: hill instrument and acKroNledged to me that hersreithey executed the same in h.:s:her;their authorizec �apaCily(ies). and that by his:her,iheir sign2!ure(s) on ;he instrumen! the person{Sl. or :he entity upon behalf of which the per50 n(S) ailed, executed the instrument. WI-NESS my rand and Ott.c'at seat � OFFICIAL SEAL Signa:arc-- _ 'S_J7 --- 4A, TIRESATAAFUA - NOTARY pUBL C • CAL IFORNiA • PRINCIPAL OFFICE LN • ORANGE COtJNTY My Commssion Eap- Aug a. 19g5 zj2 •�M�M�NN••F•MfMMMM CERTIFICATE The undersigned. as Senior Vice Presiden! of INDEMNITY COMPANY OF CALIFORNIA, and Serier V•ce President of DEVELOPERS INSURANCE COMPANY, does hereb', Cerli`y that the foregoing antl attached Power Of Anorney remains in lull force and has not teen revo'keo. and furthermo'e. that the provisions O! th.e resolutions of the respective Boards of Directors of saie corporations se: forth in +he Power of Attorney. arc in force as of the Cale of 'his CertihCalC This Certificate is exectled in the City of :rv.ne. California. this z 5 t h - cay of _ AUGUST _ _ _ .. 199 3 ._ INDEMNITY COMPANY OF CALIFORNfA DEVELOPERS INSURANCE COMPANY aPAJUp N6L'A iGb O! 1 o F � t f ` BY BY Senior Vice President Senior Vice President I0-370REV 4;93 I have received for ' on behalf of the Treasurer's office. Dated BIDDER'S NAME 1• Accurate Construction 2• All American Asphalt 3. Boral Resources Incorporated 4• A L Chavez 12. R J Noble 1 J • Pavement_ Re , ccY 1 ing 19. SullZ-Miller __ 101? 1 CHUBB GROUP OF INSURANCE COMPANIES CHUfl3fl3 1" 1AI-tiIII;]Io Vw', 13,"t'i I' 0 tint IkIS W,frit? it. New ,h'i51'y UIt161-1(il5 Bond No. That we, BID BONO FEDERAL INSURANCE COMPANY Amount $ Know All Men By These Presents, Shawnan Oorporation (hereinafter called the Principal), as Principal, and the FEDERAL. INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount bid Dollars ($ 1p$ ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seats and dated this 26 day of July , A. D. nineteen hundred and 9 3 WHEREAS, the Principal has submitted a bid, dated July 29 , 19 9 3 , for Inlet (Lakeview) Drive Reconstruction East of Edwards Street Cash Contract No. 824 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Shawnan CoMqration Pri tip 1 By: Thomas . Pack, s-s st. ecre ary FEDERAL INSURANCE COMPANY By: JP21& a - 44 Douglly A. Rapp ttorney in Fact M,�y1tFD rO— 1502 OW2 IQM 4.9M N- 174" f tO A u 5 POWER OF ATTORNEY Know all Men by those Presents, That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren, New Jersey, an Indiana Corpora- tion, Kos constituted and appointed. and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California-------- eachIts true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit, 1- Bonds and Undertakings (other than Boll Bonds) filed in any suit, matter or proceeding in any Court, of filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2_ Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Rwanus: License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State. City. Town. Village. Board or other body or organization, public or private. bonds to Transportation Companies, Lost Instrument bonds: Lease Bonds. Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials- 3. Bonds on behalf of contractors in connection with bids. proposals or contracts In whn@M Whar.d. fire I" FEDIRAL VOURAMCE COMPANY nM, pvreuanl 10 as BrL ows. caused lhese Pr"Onn 10 be arpnad by its Vice Pnewent and Asslstare Saeretary SW ha cOrpO W Nat b be rwetd erma "a 30 th day O1 June t9 92 FEDERAL "fsu"WA COMPANY ey, /v al� D Pieon Vlr:e Presidena STATE OF NEW JERS" Ss - County of Somerset on met 30 t h dey d June it 92 . bebry me peeatxlaPy cane ArCbsnd D OY onmor tb me tulorrm arq a ny krhOhvrt Lo be A&FK&nt Seaearyd lira F DERAL MOMAWX COMPANY. "ha m po ban ftKdbed in and which aeecuoso fife brogWV Power of Anonhey. and the ead Richard 0 O'Connor bang by me duty morn. dd dePOw and Par than he ia Award Secretary d the FEDERAL MaURANCE COMPANY eM knows the W WW Not Thereof_ the the sW affmod t0 the bregdng Poom or Anwrin Ie such evrpMW ideal and was thereto allrxed by authormy d fife Bowe d ettd CWnp[n,! and filar he a7nd card fbrer DI &Wney as AeaWAM Secretary Of said Conparry by Noe wnhar"r and drat he is mcquah ed with JeRm D DinOn and kno*V rwn 10 be the Vice President of Satz cafrom 7. and thr the atgneun d sad Jambes D. o-mn seewnbw to aab Plots Of Anorney is In IM gaoWne hanewrteng d aed James D Doon and was therm srbarobed by wrttronty or ead arm and e1 awpo ereti tsaerlo+ Noorlai Sold w 6t>ti,Yi' J;• \'f ►ckrgryaped end S 16 berWe ny 9n ttw dew women NOTAAY \� PUBLIC �^ 4\iCNAK sJdary Porbkc shrt Naiary Pubr,c. Steve of Fiw %aPeerr CERT1FlGTIDN No. 2091352 STATE OF NEW JRresEY C�nisei011 Expires � pa IM 85- County of Somerset 1. Ifs unaaregned. Aasiiiiara 5ecMary of the FEDERAL INSURANCE COMPANY. w hreby angry treat the bhmmV Is a tore excerpt from the BrLaan of the said Company as adopDo Nf to Bdera d Drreck" On March 2. IM and the "1re BrLmw a in tun bits idiot emaa 'ARnCLE xvm S4001% 2 AD bonds. umoertakrngs. Contracts end other lnenenents other man as &babe br end an Wharf of the CWrwamlr whPU a is aulhortzW by Law Or its Maher IO VOW& may and amide to aecvwd in the name and an berlalr d the Company emher bf the Choumah W the vice Cheirmlan W the Presdani W a vice President. pumy wr01 tM Secretary W eh ASS040A Seaewir. under Iris+ mpectne dN+gnetiOme- VCW OW"One Or mWe OKKVre W VWndyear*laci atlSlgn d in any M$01uU0n Co the Board of DwectWa or the EvsculNs ConwrwmN. W in any Dower of rmWmey axecuw as provided for on Sedan ] De+ow, may secure arty s" bond. unaertakMg Or other obto0con ice prev+aea in wch reapkrlbn or power d afMinvy 6edlon a As pprre d anbrmey aw and on heist of the Canperq may and Maid sae rwewad In the Clan a and om !»halt d If» Ca+lpaq. sashes by IIw CnMrirhSr+ W t1y vide Chid mw+ W the Pra>«aere W a Vkd PreetOera W an Assward vice P.eaklerm. fdemy With OW SeaaaryW on AWetue SSeDwAry. Nader their respema d"nooma The v"urs of wren &suers may be angrewd. primed of Mhograpted- The OWkWure Of each to fire bdbwhg doers- Cowman. Vide Ghrman, Prea+denl. say vta Preegrht, dry ANretpr vow Preagera, snir 6epeury. try A@sbLm4 Seerslry amd the seat cr "1e Company may be elrre0 by tacaxmaa w try pdnr d altdrmey W as say oertdkde rWt+1p chess dppO.orrrp adawre Seererartea W Alebnhetea�Fad b P+pOeM dmry Of dWpwng arhd attewq DOnde shot urrdersekrtge and aa+r wrr[rtge dbkgeury Ln doe nathae Red . and ON Such power Of ar omey of Cemerata bow" such 1`64mwte agnfthrre or 4wkmM Mr"bid surd and bm6rrg upon me CoMO" era any such Potwar fib MW kAed area wrnhed by such twslnw e' "&" and Ia[slrmpe Mal Mad be wid and b ndarg upon Pia Cenvlvry wan reebeet Jo any boM or wxlaft" AD which 4 is etachea " If~ bwrPy the iced FEDERAL INSURANCE COMPANY is duty aoeneea tb Iraresact rdahry and surely brreinen n each of the Stem ar the Uneed Stem of America. District d Cdumde. Puenb FWD. rW each at the Pro•wv" d CwLWa wmh the emsptrbn of Pnnw Edward Island, uhd tesimo duly ktenMa b Eeconre soh wr'Mlr on bursa, undertektngs. e+c . perinrtyd W regwred q Lawr 1. the umderegnred ASAWAra Secretary or FEDERAL INSURANCE COMPANY. dot he" CMIy ME We torsgdrq PbwW of Ano may it a lue IWCe and shed Omen sands my hid aM ITN Met Or serd COmparry al warren_ N.J . this 26 I,. w• July .19 93 17711 �h"DIAMA r'orm IStt?41 er 490! GENERAL (FOAMERLY 21.1"3331 .TAA t] Fiireman's Fund Insurance Company D The American Insurance Company O National Surety Corporation ❑ Association Indemnity Corporation ❑ American Automobile Insurance Company FiremanS Noma CWice. rr7San Merin Dr. Fund Novato, Califomia SWSW KNOW ALL MEN BY THESE PRESENTS: ThOwa, HILLCREST CONTRACTING, INC. BID OR PROPOSAL BOND BOND# 7083400-1 PREMIUM —NIL (hereinafter called ttw Pri cipa4, as Principal, and THE AMERICAN INSURANCE COMPANY , a =per bn organized and doing bums under and by virtue of dw laws of the State of NEBRASKA , and duly Ilowned for the purpose of making, guararoebg or becomcig sole surety upon bonds or undertakings requited or authorized by the Iaws of ttw Stale of CALIFORNIA as Surety. are held and kmty bound unto CITY OF HUNTINGTON BEACH (her"ar called this Obligee} in the hA and dust sum of TEN PERCENT OF AMOUNT BID Dollars (s 10 % ) lawful money of the united States of America, for the payment of which. wet and truly to be made. we hereby bird t>< m)vn and out and each of our suooessors and assigns, Idly and severally. kffdy by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounders Prirxapal as aforesaid, is about to hand in and submit to the Obfigeeabid orproposal for the INLET (LAKEVIEW DRIVE) RECONSTRUCTION CASH CONTRACT #824 in axordance with the plans and spedfiraiions filed in the office of the Obligee and under Ow notice Inviting proposals therefor. NOW, THEREFORE. labs bid or proposal of said Principal shall be amepted, and the contract for such work be awarded to to Principal thereupon by the said Obligee, and said Pri cipal shall enter into a oontract and bond for the oanple6on of said work as required by law, then this obligation to be null and void. olerwise to be and remain in fur forty and effea. IN WITNESS YMEREOF, said Principal and said Surety have mused these premises to be duty signed ttbs28TH day of JULY .1993 . 36=-5 84JM14 HILLCREST CONTRACTING, INC. B - G1 .Salsbury, Vitae President THE AMERICAN INSURANCE COMPANY By DIANA LASKOWSKI Anomey-inFsof GENERAL POWER TTMR EY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20. 1846. and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha. State of Nebraska, has made, constituted and appointed• and does by these presents make, constitute and appoint DAVID L. CULBERTSON, LINDA L. CULBERTSON, DIANA LASKOWSKI, CHAR.LES L. FLAKE and KAREN CHANDLER, jointly or severally its ATNU 3isMful XAormey(s)-in-Fact• with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the stature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary• hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article Vil, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment aodAutborify of Resident Secretaries, Artoraeyz-in-Fact and Agents to acne pf LegalFrocess sad Make Appeiraacet. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Cbalrman of the Board of Directors, the President or any Vice -President may, from time to Owe. appoint Residtol Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporatloa and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Seemiazies, Attorneys -in -Fact and Agents sball be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted ibereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused tbese prewar to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 24 th d y of May 19 91 THE AMERICAN INSURANCE COMPANY �f6...rtMce�t i By votO PrtlWcct STATE OF CALIFORNIA - ss. COUNTY OF MARIN On this . -4-rh— day of Maw _ _ 19 —91 before me personally tune R. D. Farnsworth to me known, who, bang by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which execu:ed-the above instrument; that he knows the seal of said Corporation; that the seal affixed cc tit L :id instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. Weentluuee111ieNsereeeeeelslrmsenenelletntstep I IN OFFICIAL. SEAL , J. M. VANDEVORT = t/ NOTARY PUBLIC-CALIFORNIA Mob"ruetx Principal Office in Mann County = Mr CNImea lion Eepites Auq. 21. 1992 jl CERTMCAT-E 3,11831&le@nng1111N111111111i11f1gets ref ltl 1lot 1t11ION � STATE OF CALIFORNIA �• COUNTY OF MARIN ' 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and scaled at the County of Marin. Dated the 28TH day of f JULY _ _• 19 93 C.) IRat Amtaal Sevet.rT 36011 I.TA-6-90 (REV) RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA BOND NO: U953378 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 (FEB. 1910 EDJ KNOW ALL BY THESE PRESENTS, that we GR IF F ( TH COMPANY as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the taws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNT INGTON BEACH as Obligee, hereinafter called the Obligee, In the sum of TEN PERCENT OF THE AMOUNT BID --- Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,' the Principal has submitted a bid for CASH CONTRACT NO. 924, INLET (LAKEVIEW) DRIVE RECONSTRUCTION EAST OF EDWARDS STREET yll, THEREFORE. If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a ttract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be cif(ed (n the bidding or Contract Documents with good and sufficient surety for the faithful performance of h Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the nt of the failure of the Principal to enter such Contract and give such bond or bonds, It the Principal shall to the Obllgee the difference not to exceed the penalty hereof between the amount specified In said bid such larger amount for which the Obligee may In good faith contract with another party to perform the rk covered by said bld, then thla obligation shall be null and void, otherwise to remain In full farce and =ct ted and sealed this 23RD (Witness) MIUM -NIL- h05 Ea. 10-73 )594P 5190 t day of JUL Y GRIFFITH COWAN A.D. 19 93 (Praxipal) (Seal) THOMAS L. F( VICE PRESID1 (Tine) RELIANCE INSURANCE COMPANY ELKE H. HAGEN. AT RNEY-IN-FACT RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHiA, PENNSYLVANIA POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania. does hereby make, constitute and appoint ELKE H. HAGEN of RIVERSIDE, CALIFORNIA------ Nstrue and lawful Attorney -In -Fact to make. execute, seal and deliver for and on its behalf, and as its ad and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---------- andto bind the RELIANCE INSURANCE COMPANY thereby as tufty and to the same extent as If such bonds and undertakings and other wrtiings obligatory In the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that Its said Atlomsy(s)-ln-Fact may do In pursuance hereof. This Power of Anomey Is granted under and by aumority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became eflsctive September 7, 1978. which provisions are now 1n fun force and effect, reading as follows: ARTICLE VII -- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors` the President the Chalrman of the Board, any Senfor Vice Presldent any Vice President or Assistant Vlore President or other officer designated by the Board of Directors shall have power and awhortty to (a) appoint Attorneys -In -Fad and to authorize them to executs on behalf of the Company, bonds and undertakings; recognizances, contracts of Indemnity and other wrh)ngs obligatory In the nature thereof, and (b) to remove any such Attorney -In -Fact at any time and revoke the power and aurto ty given to him. 2- Attorneys -in -Fact shell have power and authority, subject to the terms and limitations of the power of attorney Issued to Item, to axeotrta and deliver on behalf of the Company. bonds and undertakings, recognizances, contract~ of indemnity and other writings obligatory in fife nature thereof. The corporate seat is not necessary for the validity of any bonds and undertaldngs, recognlzancee, contracts of Indemnity and other writings obligatory In the nature thereof- 3. Attorneys -in -Fact shall have power and sudwrity to execute affidavits required to be aflached to bonds. recognizance% contracts of Indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify Me financial statement of the Company and to copies of the By -Laws of the Company or any article or section therett. This power of attorney is signed and seated by facsimile under and by authority, of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June, 1979. at whiff, a quorum was present and said Resolution has not been amended or repealed: "Resolved, that the signatures d such directors and officers and the Baal of the Company may be attired to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or toniflcate bearing such facsimile signatures or faceJmtle seal Shan be valid ar+d binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal stun be valid and binding upon the Company lR the future with respect to any bond or undertaking to which it Is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by Its Vice President, and fb corporate seal to be hereto afrrxed, this 29 day of September 199 2. RELIANCE IN COMPANY j uCa President STATE OF Washington�"w couNTY of K i n g eS On this 29 dayof September .19 92personanyappeared Lawrence W. Carlstrom to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing Instrument and affixed the seal of said corporation thereto, and that Article VII. Section 1, Z and 3 of the By -Laws of said Company and the Resoiu- lion, eat forth therein, are stilt in Ault force. My Commission Expires: March 5.199 6 Notary Public In for state m Washington Residing at Puyallup L Mf `fe otr+�Nr $ . Hansen . Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certy that the above and o rs true an correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY. which Is Off In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 2 3RD day of JULY 1g 93 Assistant Secretary ear-tss,Ed. e,rsMar ie S. Hansen �"'* GRIMTH CNPANY nil) 130 11 110, `-RUIZ ENGINEERING COMPANY as 11rittcipal, an,) ,) MERCHANTS BONDING COMPANY tw 6 S U r e I' y, ) c� i tsl l y Hutt rievern l '] y, b3 iul�� oeirael ver., osir hid In, r, 1�z ctr:.�z,l:at l vnn, macc-erzsors acid nesigtia, at; set forl:lz hareln, It) cury of Ilutr1,111r.-I-011 iwAC11 (lserelts called owner) for payment of the ponal stem of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID----------------------------- --------------------- ------ _ - no] 1 ars ($ 10% OF BID------------------ ) , 1:st�fui mr�rtey of I-IreJllrtf fed States, pr1iscIPaFliaa- 611liinIti1erl l lze accolapatiyiny bld for the constrilction of "INLET LAKEVIEW DRIVE RECONSTRUCTION" It the Principal if; aweirded the contract wid eiiters into a �,i ltL�it c-c,tit-ratc t, lit the form prescribed by the owe -ter, at: Lhe Ili ice deulynal-eci by his bid, acid files two botids wiL.lt Lhe Owitur, m- nitlit;t. i t:tite sectir i Ly lit l ietl thereof, one to guarantee payinesit•. f „r 1 ahor Hitci slid the other to giiaraiitee f a i Lh f is l 1wi,formance, lit the time acid manner specified by Lhe Owner, ajid (Nit'I' l es all histir ance lit type arid .amount which conforms to Lhe t t: z act dricttuieztt tz sitd ftirnisties requl reel certificates azid �•ii,i�,2'acri,iertlm Ilzecocf, thesi this obligation shall be hull anal vt)bl; ot,herulse It shall remain fit full force and effect. Im-folt.tire of this; hnitd, or atiy deposit made its lieit ther.eur, : —%I ! iiot: prec_lutio ,;,a owner from seeking all ' other reinedles pi ,)v f tied by l ati! to cover losses sustained as a result of the i-c int-lltal's failure to do any of the foregoing. of Itiiitt i nclt:c,it Poach (A.'II10-200-01 t•)11.1)1AU flit] llond - 1 cif 2 l'i i is i pa 1 anti f;llrot.y Agree that 3 f the Uwnf!r I s • l e11it i Merl 1 11 "i'`1;".if! the Fier vivof: of his at:tor)ley Ili cullllec:tIoil wi(.h 111A 1111folVelnellt or this: bnnd each shall pay owner Ir. reasuiial)lc :)t t-ori)ey's fAen Il niz rrml with or wiLhout slit. W,ea1 If Corporation) Fxpc)lted 011 JJULY 23 zxu By Tit _' 19 93 'IPA1. (At-tach Acknowledgment of Authorized Representative of Pri l)cipal ) Any claims under this bonrl may be addressed to: MERCHANTS BONDING COMPANY (MUTUAL) (name and address of Surety) 2425 E. CAMELHACK RD., SUITE 800 PHOENIX, AZ 85016 STONG/OUIGLEY INSURANCE SERVICES, INC. (ivtme and n0dresn of Stlret.y' _. -_ _ _ age))t for rye: vice of process .in 101 COLUMBIA, SUITE 170 Cal ifor))ia, if cli ffere,)' fruin above) ALISO VIEJO, CA 92656 (714)362-9208 _ _ __— (twlephone number of Surety'' . _ .._ ._ ..-.� agent i.l) C'al. x-tli W- I. ch Acke)nw i edg nent=) MERC476 I VonPA {MUT*UAL) AWM By -- {�,- - - - -- - - - (At �1l►ey actj ICHAEL A. OUI LEY OU1.1C:E: 11,1 rmbst i t:t)t• lon or rev d s I on to this ba))d farm wi 1 1 be accepted. t.11reLIes nrlsst be aut.tlorIzed to do bualneas its alld leave aii acleslz for c:ervice of prnc'erl: in California. Certified copy of Power of AtLoinay must be attactlecl. ' c'iry of FFulltil)ratall Beach ()t.'-1110-200-01 CI 120 1 AC B i td Botui - 2 of 7 r6 P.565 6/27/91 SMNG-QUIGLE'f INS SERV INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation dulyorganized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint >KICHAEL A. QUIGLE4'x'JENNIFER J0flNST0N<<< >>X<< >>X<< of AL ISO VIEJO and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety - >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers Of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted try the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual) ARTICLE 2, SECTION S- — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Companythereto, bondsand undertakings, recognizances, contractsof indemnity and other writings obligatory in It* nature thereof - ARTICLE 2, SECTION 9. —The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, end such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by as Vice President and President, and its corporate seat to be hereto affixed, this : r L h day of C-C L t'e r A.D.. 19 92 Attest: MERCHANTS BONDING COMPANY (Mutual) vuP+ d•nr STATE OF IOWA •� COUNTY OF POLK s� By .� Pr•titl•n[ On this _ = day of C c t: ow e r .19 92 before me appeared M_J• Long and Rodney Bliss III, to me personally known, who being by me duty sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation dewibed in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written - NO ? $Rfj,lo IOWA m : Oj �'••...•••y�P '.-gRIA�- STATE OF IOWA COUNTY OF POLK is Lt)sy,v Nor.ry Puonc. Poe& cawmy. to-* my Commism, £,pif.f 11-4-95 I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual). do hereby certify tNuthIppbove and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MEF(�k"DING COMPANY (Mutual), which is still in force and effect. �- .`l F r� •. q In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at ALISO this 23RD day of ,IDLY 19 93 ` December 31, 995. This power of attorney expires r• I CHUE3E3 Bond No. CHUBB GROUP OF INSURANCE COMPANIES BID BOND FEDERAL INSURANCE COMPANY Amount S Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren. New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 16 day of Ju 1 y A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid, dated July 29 , 1993 for Inlet(Lakewood Drive Reconstruction) East of Edwards Street Cash Contract No. 824 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and mid, otherwise to remain in full force and effect. Excel. Pavi.na Comnan Principal By:�—C.P. Brown Presideg FEDERAL INSURANCE COMPANY By: 4kt.'r& 0. I�A 4 Dou s A. Rapp AttdAey in Fact pr�TEo 6024002IRw 4.W www Qum up- POWER OF ATTORNEY Know ■II Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora - lion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana. California - each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf ae surely thereon or otherwise, bonds of any of the following classes. to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court• or filed with arty Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking- 2_ Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations retail n to Customs or Internal Revenue; License and Permit Bonds or other Indemnity bonds under the laws, ordinances or regulations of any State. City, Town. Village. Board or other body or organisation, public or private; bonds to Transportation Companies, Lost instrument bonds: Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials- 3. Bonds on behalf of contractors in connection with bids, proposals or Contracts. to tansa whereof. the said FEDERAL PISURANcE COMPANY has. pursuers w tb Or Laws. Caused Inns prefents to Do egnsd by its vice Presiders o d Assaent Seenatary and eta cdrpdttle aeal to be hew Strood mr i1)r}t a" at _Trend- It q9 FIDERAL PMRANCE COMPOMY sr D Duon vice Prsaklies STATE OF MEMI JERSEY SS. County of Somerset on er 30 t h day d June Ig 92 . be" rwa pe wr4ky came Rcnwd o ororewe to me wwrn End by ma rnpwn lobe A,alewH Swwary d n FEDEM a+stauufeE COMPANY. VW Odtponlition desRfbed en and wh4h 6100A d the bmgdrrg Power of AMprhhry and ton s&.d Rephare 0 010uruwr being a me duty sworn. did depose and say mat +Ie K Assirtaw Secretary at ria FLDEPAL INSURANCE COMPANY ww ki the corpoia+. tool thersd: that the a" attu4d to the long Powsr or Attorney I. weh oorporl" Mai and was thereto &Mind by authorlly or the BrAim d NM Caro" end Cei he segrtrd said power of Af a ey as Assb7am Secre" of said Company by w arrtho : and relied he is amuaedsd r" .lames D Dixon and ItAD" him tD DO de Via Is is of &old Company. and &a de aynays of sad James D Dixon suftDibed to a" Itimis r of Anorrey is in me gw%wq handwnt+q of solid James D Dixon and *a deret0 subscribed by auhHonty of end Brta.1 and n deporwsls PneeMhpe Noth.81 Seal 1:ySyy4�� ' Acknowledged and S td bal.ry me G,r f • ••�T \F on the dale rrrman. NOTARY PilloJC -'• -%^ ALYCHAK Noery Pirblre �"''NwF c sr CEFMF1GT10M N01e1y Public, Stale of Icy `car ♦ No 2091352 STATE OF NEW JERSEY ConvniaaiM E_ipireF Juhr '!ids 19'DI� sS_ County of Somerset 1. the Irrderargned. Asfatant Secretary d me FEDERILL INSURANCE COMPANY. do hereby canny ghat"Mavw.q Is ■ true— ho n the arLawo of the sad Comparry as adopnd by its Board d oseprxa on March Z *N and tin on etrtw e n lure aorta eon Mlsc ..ARTICLE xvin Sector 2 All bonft undsriawnps. contracts end Other Ihetruments other than as above be and an bsW or the Company +arch M ra 8VINWead by Ft. a lies charts to extevle. may and ahem be baCVMd in the name and on behan d IPA Compe, ewer by ne Clui—tan Of the lip C e+mr, of the Piss4en a ■ VC0 President. youtry rtm the Secretary a an Asarslenl secretary. under uer reepechts drupharrons. +weepy OW "one or more dfhcafs or 6McrneV&4n-%0 desiSnMed n any resolution d the floard of Onemon; or de E."ra Corhmmee or In any power of woner euecuHd w watdad Its in Section 7 Potosi. may execute ary, such bond_ undertnt+q Of 00w Ob"10n ae Drbrrdad in such resolution or power of attorney Seamn 2 Alt Dowers a artorrhey br lid can taetwr d de Gonrprry may aM srh&a be strklrtad N M Km• arrd rPt Politely d pe CcRnbar y. gaiter W ee Charlman a pe Yn4 Cnarnhan a Rr Ptaardeft or; Vk* Prssn" or an Assw arl vbs Presidsn. prty witri me Seaeury or an Aselatart Sometny. urheor lnsit respecanre desgneem Tre sgnsfws or sum dk x n may be so of . prnaed or larwpapt Tha stpelrwe d each or VW b0o.nrg dttrcere Chairman. volt Chairman. Presiden any vot Prtrader 1."AssManf Vea President- any seorawy. any Assistant Secretary rid Via sw of rw Company may be Oluted by Lrcayttse pang pmw d artorr" of to any Psrng bonds end iadltetakngs and dtr+or,rrMlr,¢ bbagrbry in Use rime tMead_ and any suM power of aft ney or corirre" bearsg such I snrrnns n a tef`Jrarty SVM power e0 00CU d and oatarad by such Nicilb ae egndue ere as r Lilt Mara Mid and brhding upon the Compatg calm Fade[+ to any bond or Lndgekwq to wlreh it ra aftat:had - I hrrtner certify Cur said FEDERAL WSURANCE COMPANY is duty boerwd to (nnaaLY rideary and orrery Pusr wn n each of ton States of Ire united Stem of America. Darnel d Cdhwmbrs. Pure R,oa and each of de pm vioicey of Canna with tee trpp mn DI Pnrhos Edward HAM: and +s sbo duty Ircansed to beoone "Is surely on bonds, undltrtal rigs. tic . parrnmed 01 required by law 1. the unoangred Aasrstarll Seenlary of FEDERAL MISVRANCE COMPANY_ do nereby eenrty, Met the 1We9drha Poor of Army ey is in Iua Ioree and artsca Gwen wndee my hand and IN seal of said Company at warren. N J . IPA 16 U4VOIAO'EAAL rFORUEFILr 21-p"a". July 93 DEVELOPERS INSURANCE COMPANY RECEIVED e 1993 BID BOND GILLESPIE CONSTRUCTION, INC. KNOW ALL MEN BY THESE PRESENTS, That we, GILLESPIE CONSTRUCTION INC. BOND NO. 5033 7-60 as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID (hereinafter called the Obligee) Dollars, (S 10% OF AMT. BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for INLET (LAKEVIEW) DRIVE RECONSTRUCTION EAST OF EDWARDS STREET NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be -specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Acknowledgment of Principal ROSEMARY STAND!.EY o Acknowledgment of Surety (Attorney - in -Fact) -rim '�; ccMmMS + #967459 ftic , WMML x 11=3CE cauxrr MY Ca*"aHM Eitir.iii STATE OF CALIFORNIA AUK 7, ION County of RIVERSIDE Be On JUL 2 3 1993 before me, ROSEMARY STANDLEY (here insert naive and title of the officer), personally appeared ._ __ MICHAEL D STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and jafficial seal. . ,r _ Signature (Seal) POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 161099 P.O- BOX 19725, IRVINE. CA 92713 • (714) 263-3300 NOTICE 1 All pcAer and authority ne-ein granted shall in any event terminate or the 31si day of March. 1996 2 This Power of Anorney is void if altered or r.` any portion is erased 3 This Power of Attorney is void unless the seal is readable, -.he text is n brown ink. the signatures are in blue ink and iris notice is in red ink. 4 This Power of Attorney sroutd not be retjrned to the Artorney(5)•In-FaC.. but should remain a permanent part of the obligee records KNOW ALL MEN BY THESE PRESENTS. that. except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not loin'ly, hereby make. constitute and appoint 'MICHAEL D. STONG" the true and lawful Attorneys) -in -Fact. to make. execute. delver and acknowledge. for and on behalf of each of said corporations as sureties. bonds, undertakings and Contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars fS2.500.000) in any Single undertaking, giving and granting unto said Attorney(S)-In-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each or said corporations full power of scb5rilutiorl and revocar,On• and all of The acts of Said Attorney(S)-In-Fact, pursuant to these presents, are hereby ratified and confirmed Theauthor.ty and powers conferred by tr.s Power or Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship Bank depository bonds. mortgage deficiency borncS. mortgage guarantee bonds. 4uarantces of installment paper. note guarantee bonds. bonds on financial institutions. lease bonds_ ins: fance company gt;alifying bonds- self -insurer's bones. fidelity bonds or bad bonds This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986 RESOLVED. tr.at tre Chairman of the Board. the President and any Vice President of the Corporation be. and that each of them hereby is. authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of ArtorrCy to execute. on behalf of the corpora: :oil, bonds, undertakiNs and Contracts of Suretyship. and that the Secretary or any Assis. ,ant Secretary of The corporation be. and each of them hereby is. authorized to a9tesl :he execution of any Stich Power of Atlorney. RESOLVED. FURTHER, that the SrgnairareS of such oRrcefs may be affixed to any Such Power of Attorney or to any Certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such fats mile signatures shall be valid and binding upon the Corporation when so affixed and in the future with respect t0 any bond. undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and a'testea by their respective Secretar•es this list day of April. 1993 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By CWDq,F v rlCen:r Jr rp.;} Dan F Vincenti. Jr raua President bO pP011 J� Presdent c p5' vOR �y i 60 a� a� `aR f� if ~ CCT a oil ATTEST ATTEST yr1 live �l 01, By — By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALfFORN-A ) ) SS COUNTY OF ORANGE ) On April 1- 1993. before me. Tiresa Taa.'ua, personal'y appeared Dante F Vincerii. it and Water Crowell. personally known to me (OT provided t0 me on the basis of satisfactory evidence)'3 be ire person(s) whose rcme(s) is;are s_bscribec to the within instrument and acknowledged to me that helsre/they executed the same in hislherltheir authorized capacity(-e5). and :hat by h-s%her/lhed s.gnatare(s) on the instrument the pe'5on)sl or the er1:'y upon behalf of whiCri the person(st acted. exLct;ted the instrument WITNESS my rand and olliCial seal - OFFICIAL SEA111111111441141101111 IFTESA TAAFUA Signature _ ��� - -- ,'! + �. N(y) TAgY PUBLIC • CAL 'F OR`JIA PHINCIPAL OFFICE IN � ORANGE COu-YTY My Carm+s,Nm Exp Aug CERTIFICATE The undersigned, as Serior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior vice President of DEVELOPERS INSURANCE COMPANY, does hereby cert :y Ilia; the foregoing and attached Power of Attorney remains in full force and vas not been revoked: and furthermore. that the provisions of the resolutions of the respective Boards Of Directors of said corporations set forth in the Power of Attorney. are in force as Of the date OI this Certificate Tris Certificate is executed in the C ry or Irvine. Calrrorma. rn.s _ 23 rd day or — JULY - 199_3 INDEMNITY COMPANY OF CALIFORNIA o PrMi J` DEVELOPERS INSURANCE COMPANY A y`o*roR,�(� iaerOA �f � _ • �' �\ ' ' .By � 0-T xA0. 2T. �i'CI LITI W MCI L C Fiebiger i `+`yi/ r L C_ Fiebiger v* r Senior vice Pres-cent s tiro}�/ Senior Vice President raAr r I0-310 REV_4193 4 �y /- & P U) APYRaV BY CITY COUNCIL 1-r � M RE&E ST FOR CITY COUNCIL ACTION C MUM Date: August 16, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: A%uis F. Sandoval, Director of Public Works Subject: INLET (LAKEVIEW) DRIVE RECONSTRUCTION; CC-824. Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, un ing 5o%rce, Alternative Action, Attachments: ,S67e/ STATEMENT OF ISSUE; The City Clerk opened bids for the Inlet (Lakeview) Drive Reconstruction, CC-824, on July 29, 1993 and now the project stands ready for award. RECOMMENDED ACTION: 1. Approve the low bid submitted by Gillespie Construction, Incorporated of Costa Mesa; 2. Authorize the execution the construction contract in the amount of $164,242 and; 3. Authorize the Director of Public Works to expend $185,000 to cover contract costs of $164,242, estimated construction change orders of $16,400, and anticipated supplemental expenses of $4,358 for the Inlet (Lakeview) Drive Reconstruction; CC-824. ANALYSIS: On July 6, 1993, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Inlet (Lakeview) Drive Reconstruction; CC-824. On July 29, 1993, bidding came to a close and all bids received by the City Clerk's office were publicly opened and read aloud in the City Council Chambers. Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. Gillespie Construction, Incorporated .................... $164,242 2. Excel Paving Company ............................ $215,737 3. Ruiz Engineering, Company ......................... $221,042 4. Griffith Company ............................... $224,180 5. Hillcrest Contracting, Incorporated ..................... $234,236 6. Shawnan Corporation ............................. $288,585 Inlet (Lakeview) Drive Reconstruction Cash Contract 824 August 16, 1993 Page 2 ENVIRONMENTAL A As previously stated in the July 6, 1993 Request for Council Action, the City's Planning Department has reviewed this project and has determined it to be Categorically Exempt. State Type: Class 1 Section Number: 15301(c) PROJECT COST BREAKDOWN City engineering staff estimated the total project expenditure at $180,000 of which $40,000 is a grant from the California Integrated Waste Management Board. Contract Amount (LA)west Responsive Bidder) ................. $164,242 Anticipated Construction Change Orders ..................... $16,400 Supplemental Expenses (e.g. soils engineering, lab work, etc...) ....... $4,358 TOTAL.........................................$185,000 Sufficient City Gas Tax funds are budgeted and available in account E-SF PC-824-6-32-00 for this project. ALTERNATIVE NCTION: 1. Deny award of the contract to Gillespie Construction, Incorporated and select one of the other responsive bidders. 2. Reject all bids and direct staff on how to pursue the project. ,ATTACHMENTS: None MTU:LFS:D .dss DAT'1:: Thursdav, July 29, 1993 2 :00 _p.m. LNG INELR'S'LS'I'IbiA'TE: $160,850 PROJFCT ENGINEER: Doug Stack JOB T1TLE AND CC NUMBER: Inlet (Lakeview) Drive Reconstruction; CC-824 BIDDER'S LWIE TODU BID ANIOUW 1. Accurate Construction 2 :Ul Aincrican Asphalt 3. Boral Resources, Incorporated_ 4. A L Chavez S. Clayton Engineering 6 • Lxc_e_1_ Paving Z /7 3 6- 7. _ Gilles ie Construction s 8. Griffith Co an' 9 • Hardy and Harper 10- Ifillcrest Contra ti.n _ �1 11. Nobest 12. R J Noble 13. Pavement Recycle 14• Pcrma Curbs 1S • Ruiz LLn ineerin 3 29- 16. Savaia _ 17. Shawnan Corporation �o �g J���• 0�4 18. Silvia Construction 19. Sully -Miller I RECEIVED CITY CLERK CITY Of NUNTINGTON BEACH, CALIF. JUL 29 2 of PH '93 RECEIVED CITY LERK CITY OF HUNTINGTON REACH, CALIF. JUL 29 2 oo P9 '93 1 3,1v1'N3v35: N41JNtilltiN AID lhiiJ �53h1��3>s STATE OF CAUFORNIA 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 Cafifomia, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: July 8, 15, 22, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 22 , 199 at Costa sa, Cafifomia Signature PUBLIC NOTICE SECTION A NOTICE IN1i1TING SEALED BIDS for the INLET (LAKEVIEW) DRIVE RECONSTRUCTION CASH CONTRACT No. 824 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTONI BEACH, as AGENCY, in-, �vites sealed bids for the l labove-stated project and will receive such bids Inl the office of the City Clerk.' Second Floor, 2000 Main Street, Huntington Beach, California 92548. up to the hour of 2:00 p-m, on July 29. t99J_ Bids will be pub - fitly open in Vre Council Chambers unless 0ther- wise posted - Copies of the Plans. Specifications, and con- tract documents are avail- able for the office of the di- rector of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92548. upon payment of a 530.00 nonro- fundable fee it picked up. or paymi4nt Of a $35.6d nonrefundable fee ill Any contract entered into pursuant to his notice will incorporate the . provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of pert diem cadges for each Craki classification or type or workman needed to ' ex- ecute the contract shall be those determ,ned by the Director of Industrial Rela- lions Of the State of Calilor- nia. which are on file at the Office of the Director of Public Works. 2000 Main Street. Huntington Beach, CA 92W_ The AGENCY will deduct at 10`L . retention from all progress payments_ The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the Calilomol Government Code. Section 4590. The Contractor shall be beneficial owner of thei surety and shall receive ally-interesi there Orr. PROOF OF PUBLICATION firmatively ensures that mt. nority business enterprises will be afforded fu11 op- porlunity 10 Submit bids in response to this notice and will not be discriminated againSl On the basis of race. color, national origin, ancestry. sex or religion in any consideration leading to the award on Contract. No bid shall. be consid. Bred-uNeSs it is prepared on the approved Proposal forms in Conformance with the Instructions to Bidders The bid must be ac. companied by a certified Check, CSShier"S Check or bidder's bond made pay- able to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in ac. cordance with provisions of the Business and Profes- sions Code and shall POS. sess a State Contractor's j License Crass at the time this contract is awarded_ The successful Contractor and his Subcontractors will be required to possess business licenses from the AGENCY_ The AGENCY reserves the right to reject any or ail bids, to waive any irregular- ' ity and to take' all bids I under advisement for a maximum period of 60 I days. BY ORDER of the CITY COUNCIL of. the 'CITY OF HUNTINGTON BEACH, CALIFORNIA, the Bth day of July ' 1993. Attest: Connie Brock- way, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH Dated: July 7, 1993. Published Huntington Beach -Fountain -Valley In. dependent July 8, 15. 22. t99]_ —_ 072788 /J/ 1� J mid SECTION A NOTICE INVITLNG SEALED BIDS for the LN-LET (LAKEViE%V) DRIVE RECONSTRUCTION CASH CONTRACT No. 824 in the CITY OF H-UNTII`TGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City CIerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on July 29, 1993. 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 $30.00 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. A-1 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`Yo of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of July 1993 Attest: Connie Brockway CITY CLERK F THE CITY OF H NTIN T N BEACH A-2 rjbuy Sf"c CIN7 APPROVED BY CITY COUNCIL .D �w REQUEST FOR CITY COU Date: July 6, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: 4 &uis F. Sandoval, Director of Public or Subject: INLET (LAKEVIEW) DRIVE RECONSTRUCTION; CC-824 Consistent with Council Policy? [X] Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Environmental Status, Funding Sou , Alternative Action, Attachments: STATEMENT OF ISSUE: Plans and specifications for the Inlet (Lakeview) Drive Reconstruction are complete and ready for project bidding. RECOMMENDATION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for the Inlet (Lakeview) Drive Reconstruction; CC-824. 2. Approve the attached Sample Construction Contract subject to award of contract to approved lowest responsive bidder. ANALYSIS: Lakeview Drive is a picturesque residential street, located in a quiet neighborhood just north of Huntington Lake and east of Edwards Street. It is the middle stretch of street between Inlet Drive and CIiffview Lane that runs parallel to the north shore of the lake, with mature sycamore trees lining its southerly right-of-way. The street's design and construction was a part of the development of Tract Number 5518 back in the late 1960's and early 70's. Over the past several years, the City's Public Works Department has been plagued with a persistent maintenance problem involving this street. Approximately 300 feet of the eastbound travel lane, adjacent concrete sidewalk, and tree lined area is suffering substantial settlement. The settlement has not only created an aesthetically unpleasing appearance to the surrounding community but it has also produced an unnecessary public safety problem. The City's road crew has now filled the sinking pavement area with new asphalt to the point that the travel surface is now even with the top of curb. Any additional asphalt would put the roadway surface higher than the adjacent sidewalk and produce an even more unsatisfactory condition. The cross -fall, from the centerline of street to the southerly curb face, has become so irregular and substandard that the drivable lane has been reduced from its original 18 foot width to approximately 12 feet Inlet (Lakeview) Drive Reconstruction Cash Contract 824 July 6, 1993 Page 2 by traffic delineators. These delineators also provide a separation of motor vehicle movement and pedestrian traffic and give an added measure of safety for both parties. In February 1992, City staff retained Converse Consultants, a consulting Geotechnical Engineering firm, to conduct an investigation of the subsurface beneath the roadway to determine the cause(s) of the distress being experienced. In April of that year, Converse presented a report containing the results of their exploration and study. They concluded that the settlement was the direct result of large amounts of peat and organic clay soils beneath the surface. Peat and organic clays are extremely compressible and under load could consolidate as much as 50%Q and 15 % of their layer thickness, respectively. These soils exist between 2 and 12 feet below the street structural section of Inlet (Lakeview) Drive. To continue filling and refilling the sinking pavement areas with additional asphalt concrete is not cost-effective. The only realistic design solution to this problem is the removal a 14 foot wide by 12 foot deep band of peat and clay. City engineering staff has completed plans and specifications to remove the compressible soils and -rebuild the street while leaving the existing tree line intact. ENVIRONMENTAL STATUS: The City's Planning Department has reviewed this project and has determined it to be Categorically Exempt. State Type: Class 1 Section Number: 15301(c) FUNDING SOURCE: Project construction cost for this work is estimated to be $180,000. However, City staff submitted this project for a $40,000 grant from the California Integrated Waste Management Board (Board). This submittal was in response to the Board's request for Proposals entitled, Local Government Innovations Program (Waste Tire Management Projects). City staff has incorporated the use of rubberized asphalt concrete in the street's redesign, thereby qualifying it for potential funding through the Board. The Board decided to select this project for funding on its May 26, 1993 general business meeting. Therefore, the City's expense for this project is reduced to $140,000. Sufficient City Gas Tax funds are budgeted in account E-SF-PC-824-6- 32-00. ALTERNATIVE ACTION: Deny approval of the plans and specifications, solicitation for bids and forego the reconstruction of Inlet (Lakeview) Drive. Direct City staff to maintain the street as usual and to monitor Inlet (Lakeview) Drive Reconstruction Cash Contract 824 July 6, 1993 Page 3 settlement. However, this will cause the street to undergo further distress and the situation to worsen. ATTACHMENTS; 1. Project Location Map 2. Sample Construction Contract 3. Notice of Exemption MTU:LFS:DSS:dss f- CITY Or~ - 7'—N-I\G-Of\ DEAC-a DEaA;?TM=NT p=-i.B_iC VJC�2KS PROJECT LOCATION MAP wa yrr�.��yM►y SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INLET (LAKEVIEW) DRIVE RECONSTRUCTION (CC 824) THIS AGREEMENT is made and entered into on this day of 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Inlet (Lakeview) Drive reconstruction, in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered AJF553 1 S A M P L E in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE, OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. AJF553 2 S A M P L E "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for ,PUblic Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said AJF553 3 S A M P L E discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of ($ ), as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within working/consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays pr.ovided for in Section 11 herein. 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. AJF553 4 S A M P L E CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the AJF553 5 S A M P L E effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NQTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. L-�MHM CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent (%100) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (%100) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. AJF553 6 S A M P L E 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CQNTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 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 in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and AJF553 7 S A M P L E 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 in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather,A or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by AJF553 8 S A M P L E 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDIJIQNS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or AJF553 9 S A M P L E decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. AJF553 10 S A M P L E 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. AJF553 11 S A M P L E 15. ITHBELLD CONTRACT FUNDS, SUBSTITUTION_ OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVIT,S OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAD 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,OOLD HARKLEaS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or AJF553 12 S A M P L E operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq, of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. AJF553 13 S. A M P L E 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 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 AJF553 14 S A M P L E insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days AJF553 15 S A M P L E after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NQN-ASSIGNABILITY CONTRACTOR. shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Codg Sections 1090 et seq. AJF553 16 S A M P L E 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may Charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NQTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the AJF553 17 S A M P L E interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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. REST OF PAGE NOT USED AJF553 18 S. A M P L E 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By; Mayor Print Name Its: Chairman/President/Vice President (circle one title) By; Print Name Its: Secretary/Assist Sec./CFO/Asst. Treasurer (circle one title) ATTEST: APPROVED AS TO FORM: City Clerk City Attorney NITIATED AND APPROVED: irector of Public Works AJF553 19 S A M P L E Notice of Exemption Form D To: ❑ Office of Planning and Research From: (Public Agency) City o f H u n t i n g t o n B e a c h 1400 Tenth Street, Room 121 Sacramento, CA95814 -Planning Dept.. 2000 Main' Street, f*UreC1A 92648 Huntington Beach, ] County Clerk Countyof Orange, Public Services Div. 211 W. Santa Ana Blvd., P.O. Box 22013 Santa Ana, CA 92701 Project Title: Inlet (Lakeview) Drive Reconstruction Project Location-Specific•Inlet and Lakeview Drives (east of Edwards Street and south of Talbert Avenue). Project Location- City: Huntington Beach Project Location- County: Orange Description of Project: Reconstruction of subsiding street sections (involving excavation of substandard soils, fill and compaction, and replacement of Raving). The reconstruction will not increase street capacity or result in the removal of any unique or mature trees Name of Public Agency Approving Project: H it n ting t o n Beach City Council Name of Person or Agency Carrying Out Project: Doug Stack, Public Works Dept. Exempt Status: (check one) ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); ® Categorical Exemption. State type and section number. ❑ Statutory Exemptions. State code number. Class 1. Section 15301(c) Reasons why project is exempt:f h6, r)`r_b-ject consists o-f the reconstruction of two existing collectors streets and will not increase street capacity or result in the removal of mature or unique trees. No signi:Eicant adverse environmental impacts will be generated. Lead Agency Contact Person: Doug Stack Area Codc/Telephone/Extension: (714) 5 3 6 - 5 4 31 If filed by applicant: I. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: , Date: d1& 3 'Title: Assistant Planner ❑ Signed by Lead Agency Date received for filing at OPR: 46 50 Signed by Applicant Revised October 1989 GOLDEN EAGLE INSURANCE COMPANY P.O. Box 95M - SAN DIEGO, CA 92186-5826 -- _ POLICY NO; CCP 219533-00 AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS Effective Date: 4/1/93 (at 12:01 A.M. Standard Time) Named Insured: GILLESPIE CONSTRUCTION, INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY The following provision is added to Section II (Who is an Insured). 5. Any person(s) or organization(s) (hereinafter called "Additional Insured") with whom you agree in a written contract to name as an insured is an insured with respect to liability arising out of "Your Work" for the Additional Insured on the project specified in the contract, including acts or omissions of the Additional Insured in connection with the general supervision of "Your Work." However, the insurance provided to the Additional Insured does not apply to: a. "Property damage" to: (1) Property owned, used or occupied by or rented to the Additional Insured; (2) Property in the care,. custody, or control of the Additional Insured or over which the Additional Insured is for any purpose exercising physical control. b. "Bodily injury," "property damage," or "personal injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services for you, for the Additional Insured, or for others, including: (1) The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and (2) Supervisory, inspection, or engineering services. These exclusions apply in addition to those contained in the Commercial General Liability Coverage Part. GE CG 840 (01-93) Includes copyrighted material of Insurance Services Office, Inc., 1984 ADDITIONAL INSURED: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, AGENTS 6 EMPLOYEES AND ALL PUBLIC AGENCIES AS DETER.)MINED BY THE CITY ARE NAMED AS ADDITIONAL INSUREDS. P Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Br an D. Seltzer Ins Service 2922 E. Chapman Ave. Ste.107 Oran a CA 92669 (714 i89-7676 NO RIGHTS UPON THE CER7IFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGES Company Letter A Golden Eagle Company Letter $ Insured GILLE01-RDS Company GILLESPIE CONSTRUCTION, INC Letter C Lettttery D 245 FISCHER AVENUE, STE #B-3 COSTA MESA, CA 92626 Company Letter E THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER- 1DD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 11 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, { EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF DATE POLICY EXP DATE LIMITS LTR (m4/dd/yy) (mm/dd/yy) A GENERAL LIABILITY (J) Commercial General Liab. CCP 21 95 33-00 04/01/93 04/01/94 General Aggregate Prod-Comp/Dps Agg Pers. & Adv Injury S 20,000,0001 S 1,000,000 S 1,000,000 ®[ ]Claims Made [J]Occur Each Occurrence S 1,000,000 [] Owner's 3 Contractors Fire Damage S 50,000 Protective (Any one fire) [ ] Medical Payments S 5,000 [ ] (Any one person) AUTOMOBILE LIABILITY Combined S 1,000,000 Single Limit A IX] Any Auto CCP 21 95 33-00 04/01/93 04/01/94 Bodily Injury (Per Person) $ [ ] All Owned Autos I ] Scheduled Autos [J] Hired Autos [Ni] Non - Owned Autos : IL `'r r., • 1 L -+ jly J `'aiifj Bodily Injury i ( ] Garage Liability (Per Accident) � { Property Damage ! A EXCESS LIABILITY I ] Umbrella Form EXC 21 95 34-00 04/01/93 04/01/94 Ea Occurrence S 1, 000, 000. Aggregate IS 1,000,0001 [�] Other Than Umbrella Form EM- — HEM WORKERS COMPENSATION [ ] Statutory AND Each Accident S EMPLOYER'S LIABILITY Disease -Pot Limit S Disease -Each Empl S A OTHER CONTRACTORS HIRED EQUIPMENT CCP 21 95 33-00 04/01/93 04/01/94 $100 000 LIMIT, SPECUL FORM Description Of 0 rations/Locations/Vehic{es/Special Items pro ect: Inlet ( Lakeview ) Drive Reconstruction • C.C. #824 Certificate holder is named as additional insuref per GECG 840 attached *10 day notice of cancellation for non-payment of premium 1` I The Cityy Of Hunington Beach Public Aorks Department 2000 Hain Street, P.O. BOX 190 Huntington Beach, Ca. 92648 Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 3 0 days written notice to the certificate holder named to the left Authorized Representative �, INSURE. ;CERTIFICATE C INSURANCE=' -' (MWWRYS PROOUCM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, RICHARD A. KALEY INSURANCE SVS . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE 400 N. TUSTIN AVE . , SUITE 100 TUSTIN, CA. 92705 COMPANY A LFrrE>� EREMnST CQMPFNSATION INS 714/550-1044 714/550-1170 _ OOm?AwY B LOTEA >® GILLESPIE CONSTRUCTION, INC. 245 FISCHER AVENUE COMPANY C LETTER COMPANY D 'EVEA SUITE B--3 COSTA MESA, CA 92626 COMPANY E I j LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OD LTR TYPE OF r6U PIANCE POLICY NUMBER POLICY E" T OATS pAA4VDA'1'I POLICY 0111RATIC0/ DATE p 6VO0/YY) uwc15 Gofmk LLi ILM GENERAL AGGREGATE f OOmwERCU[L GENERAL LMBSlTf PfiOOUCiS-CC*AplOP AGG. I CLAPAS MADE ElOCCUR PERSONAL a ADv. ruiRY L OWNERS a CONTRACTORS PACT. FAC?4 OCCURRENCE i FIRE DAMAGE IT 4ww flrf} MED E7�PENSE Wy om p*rmn s AU UMILE LIABIL]TY ANY AUTO COMBINED Sn+r31.E UWT _ ALL OWNED AUTOS SCHEDULED AUTOS BCIOILV r�uL+TTY (Por PfntoN A 9ODkY INJURY 01w rccWrnq s MIRED AUTOS NON -OWNED AUTOS GARAGE LIABUTY PROPERT DAMAGE _ La= LIABILITY EACM OCCURRENCE t AGGREGATE t UMBRELLA FORM OTHEA THAN UMBRELLA FOR FA W3=' S CMfOrSATI ON STATUTORY LIMITS I > oCH AOCIDEKr 61,000,000 AI APO IIYLOYEAS' LIABILITY WP92-484879-04 09/01/92 09/01/93 OmEtsE-aC.xwulfr $l 000 000 OLSEASE-EACHEMPLOYEE 31 000,000 ano } y T 1 r OEStItIPTIDR OF DPERATIORS/LBCATIDKS/VMICLESISPECUL ITEMS 13 RE: INLET (LAKEVIEW) DRIVE RECONSTRUCTION; C.C. NO. 624',.i�: WAIVER OF SUBROGATION APPLIES TO WORKERS' COMPENSATION 10 DAYS NOTICE OF CANCELLATION FOR NON—PAYMENT OR NON —REPORTING OF PAYROLL. � CERTWICATE HOLDER. ' . : CAlVCEUATm - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE f EWPRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I CITY OF HUNTINGTON BEACH LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN : DOUGLAS STACK L1ABlLITY OF ANY KIND UPON THE; COMPANY. ITS AGENTS OR REPR£SENTATNES' P.O. BOX 190 HUNTINGTON BEACH, CA 92648 MMCRIZO MPAISEIITA � It SECTION C ow PROPOSAL for the INLET (LAKEVIEW) DRIVE RECONSTRUCTION EAST OF EDWARDS STREET CASH CONTRACT No. 824 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND. MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 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, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, fin in the amount of $ XOAn which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 : I PROJECT BED SCHEDULE umt-'O-.n month . ..... ....... -Nb ...... �Y. 1. 1 Clearing and Gubbing. lump sum Twel ' r, 00 YeAotavd �jci Dollars 40 $ Cents per lump slim 2. 1 Provide temporary construction fencing. lump sum 0 Dollars 16W,00 ecvo,00 $ Cents per lump sum -1 3. 1 Prepare traffic control plan. lump sum a Dollars 00 $ $ Albs per lump sum 4. 1 Furnish traffic control. lump sum ) , AO -61 O Dollars 10 �1,00 $ 0061 $ 110,0 Alb Cents per lump sum S. 1 Provide temporary water service. lump sum ll,),e (!P 7WO MOI/sand 0/),- DO,,. 00 00 NO — $ C, $ Cents per lump sum 6. 46,086 Cold plane A. C. pavement. sq ft a ffo Dollars rie-en Cents per square foot 7. 2,600 UnIcassified Excavation. cu yd "Tuie, /re Dollars 00 00 $ a, $ 21Q00, 1t Cents per cubic yard 8. 1 Remove 18" R.C.P. storm drain. lump sum reo Dollars 00 00 $/Soo, $ //Soo. No Cents per lump sum C-1S r + a Item Estimated item with unit price Unit Prke Exte�rded No. Quantity written in words Amount 9. 1 Remove and dispose existing A.C.P. water fines lump sum and appurtenances. IFiPPn / `U �P��� 00 IIS'90' ® _ Dollars S No Cents per lump sum 10. 1 Install temporary caps and thrust blocks along lump sum with their removal and all work required for the installation of the P.Y.C. replacement section. 00 S / yDO. 00 s /, 7lJD• V < Dollars () Cents per lump sum 11, 1,113 Construct untreated base. CODS / n� ® / fl) (? Dollars S 9 So /Q S73.so $ `! 0 Cents per ton 12. 2,315 Imported Borrow. cu yd Dollars � 5iQ y � y/ °o $ U � Cents S per cubic d 13. 20 Install 6' P.V.C. water line and appurtences. lin ft / GUfl) Dollars O� O o - No Cents per linear foot 14. 320 Install S' P.Y.C. water line and appurtences. lin ft w Dollars s a o p° . s �/DO•° o Cents per linear foot 15. 5 Install 1' water service lateral. ea 7 X11Ur 7YeDollars 00 � Cents per each 16. 1 Construct box culvert and local depression. lump sum Wooers o0 s ao. 00 s 3 yW � Cents per lump sum C-2s tiff Ton ............. .5 ......... - 17. I Construct catch basin and local depression and lump sum install salvaged portion of 18" R.C.P. for lateral. $ $ -3/ q 00,, 00 �AP t1py_cx-4-1)d 2241n Dollars /VO - cents Ir Per lump sum 18. 125 Construct P.C. C. curb and gutter. lin ft 7-&n / Dollars 00 �7 00 S ZVO Cents $30, $3 per linear foot 19. 300 Construct 4" P.C.C. sidewalk. sq ft a Dollars $ S $ A10 Cents per square foot 20. 325 Construct 6" rubberized A. C. curb. lin ft Lez! Dollars 00 0 A. $ /0,00 s 3 0 Cents per linear foot 21. 690 Construct rubberized A. C. pavement and tons sidewalk. a -Dollars $ 00 1ZQ Cents per ton TOTAL AMOUNT BED IN FIGURES: $ 4/Ll TOTAL AMOUNT B111) IN WORDS: J)e Hun jred Si Y Al TAousnnJ Two IlunJre --or.A, One 1)o1Ar:5 and trIv otI e/7/,5 C-3s �r �IkV cv6 LLST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. F Name of Subcontractor and Address State License Number Class �1/c By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED 'BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange '14/6061 Aerly,# being firs; djy sworn de oses and says that he or she is /— of a party making the foregoing bid that th id is not made in the intere t of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the .bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. WMALWAL MAIgMEtMMYFORD NNIA so UTLRVMORA/10E {�pUJIYTY 74 c *4 .60! 10V.?2. 1996 6-"lle&n1�> Name of Egdder ignat of Bidder Seem 5ye. C� 3 Address of Wdder Subscribed and sworn to before me this day of J , 19-72. NOTARY C-4 NC .,ARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as INLET (LAKEVIEW) DRIVE RECONSTRUCTION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7-ao- / 3 Contractor By- /C/49�5 Cy aenne ;7� SPrrP7�aru / Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? YeS4 No 3c�� 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. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7-0?0 6! Contractor Secs- cbr-u 1)7�as Title C-7 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 421 b14217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This fonn is required for even, Dig Alert Identif cation Number issued by U. S.A. during the course of the Work. Additional formrs niu): be obtuined from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder a /'., "ess Addres Telephone Number Jtate [..ontractor'-� License No. and [.:lass -'go - S'-3 - - - - - - - - - Orip-inal Date Issued FlOW/i7A i i a The work site was inspected b}° of our office on 8 19 !J The following arc persons, firms, and corporations having a principal interest in this proposal: % / �14 c�Y/ %den c-9 a - The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. srgnattyx or biaaer��.-/ � i�er eTi W CMt REAL � r "'" I Printed Q yS his p eri9 ture om/ C3-3 ��s i /%, r wa■.i4► Address of Bidder Telephone Number Subscribed and sworn to before me this aoay of L/CJ�ta 19_Z3 NOTARY PUBLI 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: 1. ZE/ �,IP �� �- ��e o� �a •�is 7` Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date omp et C-10 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT -------------------------------------------------------------------- CITY OF NEWPORT BEACH 3300 Newport Blvd. C-101 Old Newport Blvd. $ 90,000 Newport Beach, CA 92663 C-128 Oasis Park & 5th St. (714) 640-2281 Improvement $ 242,000 C-131 1983-84 Storm Drain Improvement $ 218,000 C-194 Ticket Booth Const. $ 58,000 C-311 Hospital Road $ 2751157 Widening C-306 Backbay Trail $1,063,334 STATE OF CALIFORNIA DEPT. OF PARKS AND RECREATION 2422 Arden Way, Ste. A-1 C-108 El Pescador State Park $ 63,000 Sacramento, CA C-112 Topanga State Park $ 14,400 (916) 920-6819 CITY OF ANAHEIM C-108 Lakeview/LaPalma Storm 200 S. Anaheim Blvd. C-109 Walnut Creek Sewer and Anaheim, CA Storm Drain $ 52,000 (714) 999--5126 C-156 Patrick Henry Storm Drain $ 441,000 C-376 Vintage Lane Soundwall $ 120,458 LOS ALISOS_H6TER DTSTRT(7m_ C-110 Grading & Site P.O. Box 699 improvements $ 95,000 E1 Toro, CA 92630 COUNTY OF LOS ANGELES, ROAD DEPARTMENT 1540 Alcazar Street C-111 Rambla Pacifico $ 36,555 Las Angeles, CA 90033 (213) 22678111 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Delanto C-115 Sunhollow Improvements $ 184,000 San Juan Capistrano, CA C-120 Alipaz & Del Obispo St. 92675 (714) 493--1171 Improvements $ 93,000 C-302 Del Obispo St. Widening $ 209,000 C-328 Drainage Improvements $ 64,000 C-332 Del Obispo Storm Drain $ 234,000 CITY OF WNG _BEACH 333 W. Ocean Blvd. C-135 Landscape Modification $ 148,000 Long Beach, CA 90802 C-136 Gabion Slope Repair $ 168,000 (213) 590-6383 I ti f GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT -------------------------------------------------------------------- 8039 Beach Blvd. C--119'Various Grading & Buena Park, CA 90620 Improvements $ 734,000 (714) 738-6845 C-121 Various Grading & Improvements C-129 Various Grading & Improvements C-144 Storm Drain Improv. C-161 Parking Improvements C-185 Dolphin Park Improv. C-315 Landscape Maint. $ 45,591 Grading CITY OF FULLERTON 303 W. Commonwealth C-122 Emery Park Phase III $ 64,000 Fullerton, CA 92632 C-123 Malvern -Brea Creek (714) 738-6845 Tie -In $ 120,000 C-198 Drainage Improvements $ 97,000 C-304 Harbor Bastanchury $ 210,870 Road Widening C-308 Lions Park $ 94,048 Storm Drain C-309 Brea Blvd. Widening $ 68,657 C-319 Berkeley/Harbor Storm $ 106,694 Drain C-321 Bike Trail $ 55,536 C-322 Highland Ave. Widening $ 118,865 DANA STRAND BEACH C UB 34001 Dana Strand Road C-133 Rock Slope Protection $ 260,000 Dana Point, CA 92632 (714) 496-5735 CITY OF BREA #1 Civic Center Circle C--146 Laurel Ave. Street Brea, CA 92621 Improvements $ 146,000 (714) 990-7600 C-152 Lambert Rd. Street Improvements $ 15,000 C-172 Firestation # 3 $ 330,000 C-176 Sewer Relocation $ 44,640 2 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT -------------------------------------------------------------------- HE IRVINE COMPANY 550 Newport Center Dr. C-139 Big Canyon Grading $ -120,000 Newport Beach, CA 92660 C-141 Entryway Improvements $ 1651000 (714) 720-2000 C-145 Grading & Improvements $ 600,000 C-147 Site Improvements $ 480,000 C-149 Back Bay Erosion Control$ 120,000 C-157 Flagstone Park $ 143,693 C-158 Big Canyon Landscape $ 700,000 C-310 Mac Arthur Blvd. $ 552,411 Widening C-178 Center Dr. Realignment $ 135,000 C-179 Monroe Street Improv. $ 91,000 C-182 R.C. Box Structure $ 56,242 C-187 Jamboree Road Widening $ 458,479 C-189 Big Canyon Slope Repair $ 66,000 C-190 Past Office Parking Lot $ 158,214 C-317 Sewer Cleanout $ 4,300 C-163 Back Bay Sewer $ 45,000 C-174 Los Trancos Parking Lot $ 140,000 C-333 Peters Canyon Grading $ 382,000 C-338 Jamboree Rd. Widening $ 566,000 C-360 Pelican Hill Syphon $ 414,000 C-361 Pelican Hill Road $ 35,000 C-378 Rock Shelter $ 27,729 COUNTY OF ORANGE 400 Civic Center Drive C-148 Stonehill $ 316,120 Santa Ana, CA 92651 C-160 EMA Palm Ave. Street (714) 834-3473 and Storm Drain $ 268,864 C-197 Stonehill Drainage Improvements $ 29,000 CITY OF LAGUNA BEACH 505 Forest Avenue C-155 Heisler Park Slope $ 230,000 Laguna Beach, CA 92651 Reconstruction (714) 497-3311 C-370 Wastewater Pump Station $ 239,418 Improvements UNION OIL & GAS DIVISION Western Region C-177 Kraemer Access Road $ 67,500 9645 S. Santa Fe Springs Santa Fe Springs, CA 90670 3 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT CITY OF COSTA MESA 77 Fair Drive C-196 Arlington Drive Storm $ 185,000 Costa Mesa, CA 92626 Drain and Street Improvements (714) 754-5291 C--316 Fire Station $ 325,179 COTO DE CAZA DEVELOPMENT P.O. Box 438� Trabuco Canyon, CA 92678 (714) 858-0241 REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE Irvine, CA 92717 (714) 856-6512 CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 (714) 544-8890 REAL ESTATE DEVELOPMENT 18302 Irvine Blvd. Ste., # 360 Tustin, CA 92680 (714) 544-2234 CITE OF ORANGE 300 E. Chapman Ave. Orange, CA 92666 TRI-STAR CONSTRUCTION RESEARCH ENTERPRISES C-169 Gabion Drop Structures C-180 Rip -Rap Slope Protection C-181 Storm Drain Zmprov. C-184 Gabion Slope Repair C-186 Gabion Slope Repair C-188 LOW Flow Crossing II C-192 Corrective Work $ 630,000 $ 2601062 $ 159,693 $ 16,285 $ 140,513 $ 39,606 $ 240,642 C-199 UCI Parking Lot No. 14 $ 145,000 C-303 UCI Parking Lot No. 18C $ 110,000 C-313 Lot 6 & 80 $ 118,963 Modifications C-318 Unit 5 Site Grading $ 252,567 C-195 Bell Avenue Storm Drain $ 96,673 C-183 Grading -Tract 11356, Lot 6 C-303 Point Del Mar C-305 Tustin St. Street Improvements C-314 Luau Area and Gold Rush Camp C-323 Research Enterprises 4 $ 29,758 $ 70,000 $ 216,620 $ 116,591 $ 2,500 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CUSTOMER NAME & ADDRESS ----------------------- CITY OF GARDEN GROVE W GAS RECOYERY 5YSTEMS 39899 BALENTINE DR., STE 275 NEWARK, CA 94560 (415) 656-8327 STANDARD PACIFIC 1565 W. MAC ARTHUR BLVD. COSTA MESA, CA 92626 (714) 546-1161 HON DEVELOPMENT 25200 LA PAZ RD., T210 LAGUNA HILLS, CA 92653 (714) 586-4400 RULTE HOME CORPORATION 270 NEWPORT CENTER DR. NEWPORT BEACH, CA 92660 (714) 721-0622 LAGUNA BEACH COUNTY WATER DISTRICT 306 3RD STREET LAGUNA BEACH, CA (714) 494--1041 ORANGE COUNTY EMA PUBLIC WORKS DEPT P.O. BOX 4048 SANTA ANA, CA 92702-4048 WESTERN INDUSTRIAL 3325 PICO BLVD CONTRACT JOB LOCATION AMOUNT ---------------------------------------- C-320 Street, Storm Drain Improvements $ 190,052 C-324 Grading Improvements $ 449,532 C-329 Sewer & Water $ 857,000 C-334 Methane Gas Header $ 238,000 C-336 Landscaping $ 71,000 C-346 Re-alignemnt of Sewer, $ 161,189 Water & Gas Line C-352 Pump Station $ 95,083 C-327 Bike Way Drains $ 13,500 C-349 Retaining Wall $ 122,699 C-335 Storm Drain, Stairway $ 755,420 C-337 Grading & Storm Drain Improvements $1,110,298 C-345 Retaining Wall $ 33,731 C-339 Grading & Storm $ 392,000 Drain Improvements C-340 Aliso Beach Front $ 297,203 Improvements C-344 OCEMA (Pelican Hill) 484,785 C-347 Bee Canyon Landfill 165,992 C-351 Portola Parkway Storm 113,000 Drain C-359 Santiago Canyon 507,089 Landfill C-342 Raymer Avenue Street $ 136,008 Improvements Fullerton 5 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT -------------------------------------------------------------------- F RGUSON PARTNERS 4199 CAMPUS DRIVE,-#1000-- IRVINE, CA 92715 LOS ALISOS WATER DISTRICT 22312 MUIRLANDS BLVD EL TORO, CA 92630 AMERICAN GOLF CORPORATION 1633 26th Street Santa Monica, CA 90404 CARLSON LANDSCAPING 9050 Blackbird Ave. Fountain Valley, CA 92708 THE BREN COMPANY 5 Civic Plaza, Ste. 100 Newport Beach, CA 92660 CITY OF WHITTI R 13230 E. Penn Street Whittier, CA CA_L_TR_ANS DEPT. OF TRANSP._ 1120 "N" Street Room 39 Sacramento, CA 95814 CO= OF ORMGE-EKA Box 4048 Santa Ana, CA 92702-4048 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 545 Chaney Street Lake Elsinore, CA 92330 Same As Above C-343 Rough Grading $ 817,434 C-348 El Toro Golf Course $ 235,461 C-355 Cherry Ave./Jeromino $ 228,629 Street Improvements C-362 Rancho San Joaquin $ 18,182 Storm Drain C-350 County of Orange $ 54,045 C-354 Pelican Hill Pump $ 6211945 Station C-353 Savage Canyon Landfill $1,224,745 C-374 Savage Canyon Landfill $ 170,720 C-375 Gas Distribution Wells $ 36,362 15, 17 & 18 C-356 Norco Housing $1,129,326 C-367 Missions Planned Community Road Closures C-369 Temescal Canyon High School 1�1 L-. $ 42,604 $ 309,223 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 5, 1992 CUSTOMER NAME & ADDRESS ---------------------------------------------------------- JOB LOCATION J.,OS ANGELES , CMTY 'DEPT._ C-371. Eaton Wash Spreading OF PUBLIC WORKS- Grounds 900 S. Fremont Ave. C-373 Schabarum Regional Alhambra, CA 91803 Park RANCHO-SANTIAGO COMMUNITY C-372 Parking Improvements COLLEGE 17th Street at -Bristol Santa Ana, CA 92706 ORANGE COUNTY WATER DIST. C-380 Santiago Basin 10500 Ellis Avenue Revegetation Fountain Valley, CA 92708 RANCHO SANTA MARGARITA C-381 Antonio Parkway 30211 Avenida de Las Banderas Ste. 200 Rancho Santa Margarita, CA 92688 EASTERN MUNICIPAL WATER I S� TRICT CITY OF HUNTINGTON BEACH Public Works Department 2000 Main Street Huntington Beach, CA 92648 C-382 Grant Ave. and Corwin Pumping Plants C-383 Huntington Lake Storm Drain ri CONTRACT AMOUNT $ 893,734 $ 790,116 $1,606,214 $ 178,080 $ 166,196 $ 853,138 $ 3051555 GILLESPIE CONSTRUCTION, /NC. _ - = General Engineering Conrrac for Lc No 44 705 245 Fischer Avenue • Suite 8-3 • Costa Mesa, California 92626 CITY OF HUNTINGTON j Of i::ice of the City Second Floor 2000 Main Street Huntington Beach, f SALED BID FOR: INLET (WEVIEW) DRIVE RECONSTRUCTION BKCH Clerk CA 92648