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Home My WebLink AboutGMC Engineering , Inc. - 2005-08-150�� City of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric Chadonne, Construction Manager evol DATE: April 24, 2006 SUBJECT: Retention Release Payment Company Name: GMC Engineeering, Inc. Address: 1401 Warner Avenue Ste.B. City, State and Zip Code: Tustin, CA 92780 Phone Number. (714) 247-1040 Business License Number:A194832 Local Address: N/A Notice of Completion Date: March 3, 2006 Contract Purpose: Retention Release for Cash Contract 1272 Underhill Street Improvement Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on theAubject at ttfi$ time. -a<-o� Date Ebert F. Beardsley, Public Works Director <,r Ri-Q 1 certify that there are no outstanding invoices on file. ,_2S,01 Date reidenrFch, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 0 Date ity Clerk 1272 retention release memo.doc 4/24/2006 2:15 PM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FE E 2006000189845 08.51 am 03123/06 120 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to GMC Engineering, Inc. who was the company thereon for doing the following work to -wit: UNDERHILL STREET IMPROVEMENTS, CASH CONTRACT-1272 That said work was completed February 22, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on January 29, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract First National Insurance Company was the surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. A Dated at Huntington Beach, California, this March 14, 2006. birector of Public Works orTity Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOT E OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of grange Coun Dated at Huntington Beach, California, this March 14, 2006. of Public Works or City Engineer �6/Director City of Huntington Beach, California ►v� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00-,059-TITLE PAGE (A7/95) CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California 92648 Robert F. Beardsley, P.E. Director March 14, 2006 Orange County Clerk -Recorder Ms. Cyndi Viall, Manager 12 Civic Center Plaza Santa Ana, CA 92701 Department of Public Works (714) 536-5431 Subject: Notice of Completion for the Underhill Street Improvements; Cash Contract Number 1272 This is our formal request to record the enclosed original Notice of Completion for the subject project. Please forward a recorded copy to my attention at, City of Huntington Beach, Department of Public Works, 2000 Main Street, P. O. Box 190, Huntington Beach, CA 92648. Enclosed is another Notice of Completion for a conforming copy. If you have any questions, you can contact me at (714) 536-5423. Sir cerely,) IR e A. Martinez nstruction Division Enclosure: Notice of Completion for CC-1272 Extra copy for conforming G/Template/ Cover Letter for NOC PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to GMC Engineering, Inc. who was the company thereon for doing the following work to -wit: UNDERHILL STREET IMPROVEMENTS, CASH CONTRACT-1272 That said work was completed February 22, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on January 29, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract First National Insurance Company was the surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. A Dated at Huntington Beach, California, this March 14, 2006. A j] j I City of Huntington Beach, STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOT E OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of range Coun Dated at Huntington Beach, California, this March 14, 2006. 6l/Director of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00,.059•T1TLE PAGE (R7/95) PLEASE COMPLETE THIS. INFORMATION f i RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIINO FEE 2006000145098 03:55pm 03/03/06 WHEN RECORDED MAIL TO: 102 4 N12 1 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 I -� THIS SPACE FOR RECORDER'S USE ONLY ! �r TITLE OF DOCUMENT: NOTICE OF COMPLETION } r NOTICE IS HEREBY GIVEN by the City of Huntington._.Beach,--owner--i #ee, Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded Inspection Engineering Construction, Inc who was the company thereon for doing the following work to -wit: UNDERHILL STREET IMPROVEMENTS, CASH CONTRACT-1272 That said work was completed February 22, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on January 29, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract First National Insurance Company was the surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as cont plated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this February 23, 2006. l r ector of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTIC OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of nge County. Dated at Huntington Beach, California, this February 23, 2006` cirectoor of Public Works or City Engineer ity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 60.059-TITLE PAGE (R7/95) DECLARATION OF SATISFACTION OF CLAIMS 66NNAO-1 C H-M 1 K, P1Ze-_5 IP4YVT O A I, 6m C 6q 6 m 6&k1tgt7 / /Vc , state: 1. 1 am the general contractor for the City of HunttfAP',w_,4;LL each as to the project more full C.1. l Wl� V..6.7s described in the public works contract entitled t_4Ya7U,- ,fin % S144/i16 ©%Z and dated b/1-5 All Workers and persons employed, all rms suppl1 ing materials, and all subcontractors for the above -mentioned project have been paid in full. E�Cwrqtqt, tM r&q-Tt dl\t 3. The following are either disputed claims, or items in connection with Notices to Withhold, %vhich have been filed urider the provisions of the statutes of the State of Califomia: (if none, state "NONE") , I declare under penalty of perjury that the foregoing is true and correct. Executed at e (Signature of Co actor) g:cckashcon2 on this /.3 day of QC oD City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on UMecr-hAl l anal In4.A Krom M,rlr-44t iox tv Sl wAe P: Project No. hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. Signature and Titl 'pp `SI DiAl g:cc cashconl �.J RECEIVED BY: (Name) (Date) Q CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh reidenrich, City Treasurer 46�e� FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for 617)L ��1� /�� : (company Name) Faithful Performance Bond No. Labor and Material Bond No Monument Bond No. Maintenance Bond No. 4 ' i63 OUP -3 6 3A, *A,Js?bC Re: Tract No. CC No. MSC No. Approved S D�� Agenda Item No. A(Cou cd Approval Date) City Cterk Vault No. #27 gJfollowup/bondletier.doc MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, GMC Engineering, Inc. (hereinafter called the Principal), and First National Insurance Company of America Bond No. 6336325 Premium: Included (hereinafter called the Surety), are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee), in the full and just sum of Six Hundred Twenty Five Thousand Three Hundred Fifty Three and 00/100------- ------------------------- ($ 625,353.00 ) Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated August 4th, 2005 -,for Underhill Street Improvements, CC-1272 AND WHEREAS, as a condition of acceptance obligee requires that, GMC Engineering, Inc. should guarantee the Underhill Street Improvements, CC-1272 for a period of One (1) year(s), then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered March 13, 2006 Witness as to Principal PROVED AS TO FORM: NIFERA-GRATH, City Attorney 14/0 4 W%r , First National Insurance Company of America By:�/� ,z ffrey R. G d , Attorney -in -Fact S37491GEEF Ml FRP t S A F E C O POWER OF ATTORNEY FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1626 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *********+++**+*+**s*****+*************************JEFFERY R. GRYDE; Costa Mesa, Catifornia****++++++*++++++**+**+***++*********************++++ its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office_ IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 7th day of August 2003 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Arfide V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049/FNEF 7/98 this 13th day of March , 2006 WA �• t CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 08/07/2003 PDF y � y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State. of California County of t,o5ngele s _ ss. 'Wl On March 13, 2006 before me,C60sbtig , ane atc�C/ , V Date Name and Title of Officer (e.g-. "Jane Doe, Notary PublicI // personally appeared Te C-C ci f- - Gf 44 e- Name(s) of Signers) CHRISTINE JANE THATCHER Commission # 1396020 ' Notary Public -California r z y; , P Los Angeles County My Comm. Expires Jan 26, 2007 Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(A is/are subscribed to the within instrument and acknowledged to me that he/st o4wey executed the same in his/herd*m� f authorized capacity4"), and that by his/N"Itheir signatureW on the instrument the personal, or the entity upon behalf of .which the person(j() acted, executed% the instrument. WITNESSAvfiand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 6[l� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General `K Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of% / /ORANGE On - before me, SANDRA JO WINBERRY NOTARY PUBLIC , Date Name and Title of Officer (e.g.,'Jane Doe, Notary Public") personally appeared GENNADY CHIZHIK , Name(s) of Signer(s) Xpersonally 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. Los WITNESS my han-dwd official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: MaO k4al a 60!19 Document Date:yL 1310(p Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual QdxCorporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- 7TOP.A. Signer Is Representing: GMC ENGINEERING INC 1401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: e 9 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER 01994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 RELEASE OF RETAINAGE BOND Premium: Included Bond No.6336325 KNOW ALL MEN BY THESE PRESENTS, That we, GMC Engineering, Inc. as Principal, and First National Insurance Company of America as Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, in the sum of Six Hundred Twenty Five Thousand Three Hundred Fifty Three and 001100----------- Dollars (S 625,353.00 ), lawful money of the United States of America, to the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That Whereas, on August 4, 2006 the Principal and Obligee entered into a contract for the construction of the Underhill Street Improvements, CC-1272 Md. WHEREAS, the Obligee has elected to withhold from funds due or about to become due the Principal such sum (retainage) as is necessary to protect itself from claim or claims of lien unless the Principal furnishes as Surety Bond guaranteeing to hold the Obligee harmless from all loss it may suffer by reason of its releasing final retainage to the Principal. NOW, THEREFORE, if the Principal shall inderrmify and hold harmless the Obligee for all loss that the Obligee may sustain by reason of release of said retainage to the Principal, then this obligation to be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER: It is expressly understood and agreed that: 1. Any suit or action hereunder must be brought within one (1) year of the date the proper court has rendered its decision on the validity and enforceability of the liens. 2. The laws of the State of California and the United States of America shall be applicable in the determination of the rights and obligations of the parties hereunder. 3. No right of action shall accrue upon or by reason hereof to, or for the use or benefit of, anyone other than the Obligee herein named. IN 'KITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals this 13th March , 2006_ S-AMMEEF 10M day of GMC En ineerin Ina. (Seal) Principal By: Title First National Insurance Company of �i.�a/,c� America � Surety By: 44 7�eff ey R. d , Attorney -in -Fact 5 A F E C Cr POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE, WA 98124-1526 PO BOX 34526 SEATTLE, WA 98124-1526 No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint +++s«+++«+++s++s+s+ss+s++s++++++++s++++++++ss"""JEFFERY R. GRYDE. Costa Mesa, California««++++++s++s«+s+s+s+««+++«++++++«.++«+«+«++++++««+««« its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 7th day of August , 2003 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL ,_1928 - • 10 S-10491FNEF 7198 this 13th day of March , 2006 CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 08107J2003 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of L5 Angeles V On March 13, 2006 before me,l�t1SLi1e Jane �lna}dna , N' ft Date Name and Tale of Officer (e.g-, "Jane Doe, Notary Publi ) personally appeared �e t—C� �- C(Ae. Names) of Signer(s) CHRISTINE JANE THATCHER Commission # 1396020 z " - Notary Public - California �� • Los Angeles County My Comm. Expires Jan 26, 2007 Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose nameU0 is/are subscribed to the within instrument and acknowledged to me that he/s4@41;ey executed the same in his/heg*eif authorized capacity(4es), and that by his/heWtITeir signature(A on the instrument the person(.v), or the entity upon behalf of which the person( acted, executed th instrument. WITNESS mZand official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 76c>na Document Date: Signer(s) Other Than Named Above: £apacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General `C Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • w .naticnalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1400-878-8827 j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 3 �/( 0 before me, SANDRA JO WINBERRY. NOTARY PUBLIC , Date Name and Title of Officer (e.g., -Jane Doe. Notary Pubic') personally appeared GENNADY CHTZHIK , Name(s) of Signer(s) )(personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 11 "'loomhis/her/their signature(s) on the instrument the person(s), 0 0 "D J10 WMNER or the entity upon behalf of which the person(s) acted, Z NocOOn executed the instrument. z lary Pubft - CaN affft WITNESS and-apd official seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: M Document Date: a ha l0( V Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 5�XCorporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: GMC ENGINEERING INC 1.401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER lop . - 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Can Toll -Free 1-800-876-6827 company Profile Page i of z ICompany Profile FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO PLAZA S EATTLE, WA 98185-000i 800-332-3zz6 Agent for Service of Process DAWN JEWORSKI, I20 VANTIS SUITE 13o ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California License Status: Company Type: State of Domicile: 24724 o163, 0978-7 January 03, 1929 UNLIMITED -NORMAL Property & Casualty WASHINGTON Lines of Insurance Authorized to Transact IPhe company is authorized to transact business within these lines of insurance. For an explanation of any of these erms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS ittp://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp_EID=3075 4/24/2oo6 -ompany Profile Page z of z PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Compaq Representative in M� Area Financial Rating Organizations Last Revised - April 17, 20o6 03:14 PM Copyright © California Department of Insurance ittp://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_Co_prof utl.get_co_proPp_EID=3075 4/24/2oo6 RECEIVED (Name (Date) 41 e CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari eiden rich, City Treasurer FROM: DATE: S� SUBJECT: Bond Acceptance have received the bonds for' /' ) C4, (Company Name) Faithful Performance Bond No. n2A ,�...- Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 33� 3 Re: Tract No. CC No. MSC No. Approved ` Agenda Item No. (CoUnjetlApproval Date) City Clerk Vault No. (2®. #27 gJfollowup/bondletter.doc E 4 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GMG E&!,i.cErirg Tic. FOR tlnda,r-hit` l,.o,nE 1.w.�a�oye.v�en�'s TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 0 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GMC— l-.oginEe2%ry9 , --Lr+e FOR " THIS AGREEMENT ("Agreement") made and entered into this day of &64137— 20A:r, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and G MC_ C \% GNtE.2.MCsa , a California C.oreor A-ici , J hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as urdet'\,r\1`, LoAr Tr+ 0M11ET1,C1\t5 -crow-, Myrtle c f,ft to S kr► yN E be —We in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 0 0 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 0 0 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed 15v 04&2d,-fd Se~v.-,OZk SEdEn/ Ttioet gAGG, Fie �v•. dncd SFye,, �Z ,re ile a ,md ifo lc cdPollars ($ 57 71 5 7 7. 50 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within cS1 x 4y (40) consecutive work n� from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 0 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARR.ANTIES 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 agree/forms/city const/4-03 6 0 0 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIOUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Doe %*9aysi44 d Dollars ($ /, ©da*90--- ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 0 0 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 0 E delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 0 0 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 9 0 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 9 • 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 9 0 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agreedorms/city const/4-03 15 9 0 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 t/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 0 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: ,41// 0 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: 4�:7MC &l6 i1V e-644"b, /AIC. U6,,-,—tA-0y COLkT— 1 K l Y o t c Ax-^j e2. A•-, 0.6 --tV-$ t.4, CA 1219-0 agreedorms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. 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 United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing parry. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 9 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR 4! '1q . &1411y442,-^J6 /nce. %I/Si(iY , 04 'q q 7 $a � By: �4 9-1k ' C24i J^(.4oy H- (z t+eK, print name ITS: (circle one) Chairrnan4residen ice President CITY OF HUNTINGTON BEACH, a municipal co r orati of the State of California Mayor 9p") 402�- Jilw4c) City Clerk D t7 By. "W �� PROVED AS TO FORM: - -46V- C-d-(Z(-Hk- print name ITS: (circle one)( ecreta /Chief Financial Officer/Asst. Ci Attorney glrfj� Secretary - Treasurer Cdr REVIEWED AND APPROVED: g City Administrator ED AND A OVED: irector of Public Wor s ".,561 agree/forms/city const/4-03 21 CALIFORNIA ALL-PURPCO ACKNOWLEDGMENT 0 State of CALIFORNIA County of ORANGE On s/s 0-5— before me, SANDRA JO WINBERRY. NOTARY PUBLIC , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared GENNADY CHIZHIK , Name(s) of Signer(s) Xpersonally 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), :N00 ►J►o0 W=B'h RY or the entity upon behalf of which the person(s) acted, Commission 01321721 executed the instrument. Notary Public - California Los Angel" County WITNESS m official seal. My Comm, F.iraa Bop 22, 2W5 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 00�7gs+'E% ,� < "� Cr-,( Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 6<51ne6( (Sh Ilhi'IC- ❑ Individual CkxCorporate Officer Title(s): PRE TnF.NT ❑ Partner — p Limited ❑ Ge eral ❑ Attorney -in -Fact ❑ Trustee • Guardian or Conservator - i-- ❑ Other: Top of thumb here Signer Is Representing: GMC ENGINEERING INC 1401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: a i Number of Pages: a / Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: -- -- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here 01994 National Notary Association • 82W Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 J. . 0 SECTION C f/� !f * EX�o61T PROPOSAL for the UNDERHILL LANE IMPROVEMENTS from MYRTLE DRIVE TO SHAYNE DRIVE CASH CONTRACT No. CC# 1272 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the Arsigned agrees that in the event of the9bDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BidBond in the amount of $ 1.0% 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 , FIAL211 i KNOW ALL BY THESE PRESi:r' That we, GMC Engineering. Inc. Of 1401 Warner Avenue, Suite B, Tustin, CA 92780 (hereinafter called the Principet), as Frtttaipa and FIRST RAWMAE IMUMME CO F AMERICA, bf smttb, Washiagtu, a owporatsen duly, organized under the laws of the State of W*Abagt— es Aunty, hereinafter callyd the Surety, era hold sad firmly booed unto the of Cit y Huntington Beach (bee lofty e&lled ttie ObI er) Ig th@ peosri 1t0� vd Ten Percent of the Total Amount bid ------ ------------------- - ------- -------------- ---------- --------------- --------------------------- Dollars ($------10% ------ for the FAyment of which the PrlociWl and the Surety bind themasires, their heirs, newtors, m tars, successors and sesigns, jointly "d samaliy, firmly by throe preaaate. THE CONDIMN ()F THIS DBUO ATION IS SUCH, That Whereas, Ow ptine al has submitted or is about to submit a peal to the Obligee at a eciahl It fat Underhill Lane Improvements NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal *hall, within such time as may be specified, rniar Into the cootraat in writing, and give band, if bond is regttirad, With surety wagtable to the ObIigee for the fai#ttel performance of the said Contract, then this obligation el,ell be tall; atherwise to remain in full farce and affect. Signed and sealed this 22nd day of July,2005. GMC Engineering, Inc. (seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By effrey R. &ride Attmriu- tit 342091M W. S A F E C 0 FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA98124-1526 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 SEATTLE. WA 98124-1526 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ++«+++++++++++++«++++«+++++«++««++»»««»«««++»«««+«+JEFFERY R. GRYDE: Costa Mesa its true and lawful attomey(s)An-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this '7th day of August , 2003 C�\ CIG-1 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA- "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and fhe seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL rF1928�� S-10491FNEF 7198 this 22nd day of July CHRISTINE MEAD, SECRETARY 2005 0 A registered trademark of SAFECO Corporation 08/07/2003 PDF 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ln Angeles ss. July 22, 2005 On before me, riSbifle J tide -Nat�Ci , 1 VV Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public ) personally appeared Q 4 4 , Name(s) of Signer(s) CHRISTINE JANE THATCHER Commission # 1396020 z - Notary Public - California z `- o Los Angeles County My Comm. Expires Jan 26, 2007 ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/s4 ✓t4ey executed the same in hislhoWSTek authorized capacity0ec), and that by hisithw4their signature($) on the instrum 9t the person(, or the entity upon behalf 1QK ich the person(g) acted, executed the in lirr ent. WITNESS my ha nd official seal. tgnazure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: WNW ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Tofl-Free 1-800-876-6827 'CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On R-5—` V before me, SANDRA JO WINBERRY NOTARY PUBLIC , Date Name and Title of Officer (e.g., ".tans Doe, Notary Public') personally appeared GENNADY CHIZHIK , Names) of Signer(s) Xpersonally 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), GANDRAjowiNwRRy or the entity upon behalf of which the person(s) acted, CGMMUW 91321721 [ executed the instrument. Nftq Pao - Caujomia Los ftreffi-m- CGV* nd official seal. ��ap2,$2EIO�r Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: � 0191/-F� Document Date: jy6( as , 9V (9Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ch /ZP I (Q ❑ Individual WXCorporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: GMC ENGINEERING INC 1401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: 0 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here I 0 1994 National Notary Association • 8236 RemmetAve., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Cal Toll -Free 1-800-876.6827 LAST OF SUBCONTRACTORS • In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class ,aarunez concrete Inc. 920 W. Foothill Blvd. Azusa, CA 91702 (626) 334-2979 --License # 394471 C8 �ONCRETE FLATWORK kit) Star Landscape & Maint. 1300 Beechwood Fullerton, CA 92835 (714) 529-2548 Landscape/Irrigation License # 329274 C27 �N Dennis Lorton ac tissue- 8610 Hamilton Ave Huntington Beach, CA 92647 (714) 969-5909 Lic# 786018A -_ ---- -- -- o s 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 W.. ' NNCOLLUSION AFFIDAVIT 0 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Gennady Chizhik , being first duly sworn, deposes and says that he or she is President of rmc F.NGTNFFRTNr: TNc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. GMC ENGINEERING INC Name of Bidder Signature of Bidder Gennady Chizhik 1_401. Warner Ave Ste B Tustin, Ca 92780 Address of Bidder Subscribed and sworn to before me this 21. day of July , 20 o5 . NOTARY SANDRA JO WINSERRY Commission # 1321721 Notary Public - Calitomia Los Angeles County C-4 t,CtALIFORNIA ALL-PURPA ACKNOWLEDGMENT 10 State of CALIFORNIA County of /f ORANGE On 71�y06— 7,r' before me, SANDRA JO WINBERRY NOTARY PUBLIC , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared GENNADY CHIZHIK Names) of Signers) Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( - whose nameKis/affsubscribed to the within instrument and acknowledged to me that he/zhaAhey executed the same in his/hefA44eir authorized capacity(4e&) and that by his/her�ei;signature4e)-on the instrument the person*-, SANDRAJOWINBERRY or the entity upon behalf of which the person(s) acted, Commission t 1321721 executed the instrument. Notary Public - Califomia y Los Angeles CountyMY WI n nd official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: None-ol i usi on Aff; diva d Document Date: 7.1211105 Number of Pages: _ I Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual [kXCorporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General j ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator �Tlp ❑ Other; of thumb here Signer Is Representing: GMC ENGINEERING INC 1.401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other; Top of thumb here Signer Is Representing 01994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Cab Toll -Free 1-800-876.6827 ' - ' OUTILITY AGREEMENT is HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the UNDERHILL LANE IMPROVEMENTS, CC# 1272, (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: 7/21/05 GMC ENGINEERING INC Contractor f BY GENNADY CHIZHIK PRESIDENT Title C-5 ' DISQIWIFICATION QUESTIONNAW In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 92 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFOATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7/21/05 GMC ENGINEERING INC Contractor By GENNADY CHIZHIK PRESIDENT Title C-7 UN&GROUND SERVICE ALERV IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: GMC ENGINEERING INC Contractor By GENNADY CHIZHIK Title Date: 7/21/05 PRESIDENT Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 t IDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GMC ENGINEERING INC Bidder Name 1.401. Warner Ave Ste B Tustin, CA 92780 Business Address City, 71.4 ) 247=4-040 Telephone Number 739091 A, B State Contractor's License No. and Class 8/11/97 Original Date Issued 8/31/05 Expiration Date The work site was inspected by G. Chizhik State Zip of our office on 7 / 21. .2005 The following are persons, firms, and corporations having a principal interest in this proposal: Gennady Chahik - Presient GMC Engineering INc C-9 The undersigned is prepared t tisfy the Council of the City of Huntivon Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GMC ENGINEERING INC Company Name Signature of Bidder GENNADY CHIZHIK GENNADY CHIZHIK Printed or Typed Signature Subscribed and sworn to before me this 21 day of _r„11, , 20 ,_ . SANDRA JO WINBEah'RRY _ Commission # 1321721 Z I , I Notary Public - Cslrfomia Z Los Angeles County My Comm. Expires Sep Z?- 2005 NOTARY 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. 2 0 SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 ',CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT 0 State of CALIFORNIA County .of ORANGE On July 21, 2005 before me, SANDRA JO WINBERRY. NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared GENNADY CHIZHIK Name(s) of Signer(s) 'personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(, whose name(s) is/are subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in his/her/their authorized capacity(ies), and that by SANDRAJO wINBERRY his/her/their signature(s) on the instrument theperson(s), Afm Commission # 1321721 or the entity upon behalf of which the person(s) acted, Notary Public - Catlfomia executed the instrument. XffLos Angeles County My con Evku eP2Z,Za1b WITNESS m e and official seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID15ERS INFORMATION - City of Huntington Reach Document Date: 7 / 21 / 05 Number of Pages: 2 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: Gennady Chizhik ❑ Individual &Corporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee 1 -"- ICUI ❑ Guardian or Conservator - ❑ Other: Top of thumb here Signer Is Representing: GMC ENGINEERING INC 1401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: 01994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Can Toll -Free 1-800-876-6927 GMC 0GINEEEG GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Anaheim ADDRESS 200 E. Anaheim Anaheim, CA 92807 OUR JOB# _ 185-04 CONTACT Mike Wood PHONE (714) 231-8372 DESCRIPTION & CONTRACT AMOUNT------------ Maxwell Park Parking Lot $ 242,783.51 OUR JOB# 180-04 CONTACT Mike Wood PHONE (714) 231-8372 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. @ Vermont Widening $ 287,101.48 _ OUR JOB# 170-03 CONTACT Mike Wood PHONE (714) 231-8372 DESCRIPTION & CONTRACT AMOUNT State College Blvd. Median Beautification $ 620,472.79 _ _ OUR JOB# 163-02 CONTACT Ralph Harp PHONE (714) 765-5285 DESCRIPTION & CONTRACT Ball Road Pvmt - Flore Street to Walnut Street Rehab & AMOUNT Beautification $_ 511,104.00_ _ OUR JOB# _ 152-02 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. & Ball Road $ 295,167.36 OUR JOB#------ — --- —151-01- — — — -_-- --- DESCRIPTION & CONTRACT Katella IIIB - Anaheim Blvd. Pkwy Impts from Katella to Disney AMOUNT Way $ 538,782.21 OWNER City of Brea ADDRESS One Civic Center Circle, Brea, CA 92621 OUR JOB# 183-04 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT AMOUNT Birch Street & State Collebel Bld. Intersection Impts. $ 948,353.26 OUR JOB# 173-03 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT State College Blvd./Lambert Rd Intersection Impts. & Brea Blvd. / AMOUNT Central Ave Intersection Impts. $ 1,220,294.48 OWNER City of Chino ADDRESS 13220 Central Avenue, C_h_ nio CA 91710 OUR JOB# _ 165-03 CONTACT Naghmen Imani PHONE (909) 464-8367 DESCRIPTION & CONTRACT AMOUNT Mountain Ave Water Main $ 338,020.04 -� OUR JOB# --- -- 123-99 -- -- CONTACT Raja Edirisuriya PHONE (909) 627-7577 x253 DESCRIPTION & CONTRACT AMOUNI 1401 Warner Avenue, Suite Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 1 , GEC OINEEEG It GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Colton ADDRESS 650 N. La Cadena Drive Colton, CA 92324-2897 OUR JOB# 172-03 CONTACT Victor Ortiz PHONE (909) 370-5065 DESCRIPTION & CONTRACT AMOUNT Valley Blvd. Median Improvements $ _ 351,437.60 OUR JOB# 157-02 CONTACT Amer Jakher, PE PHONE (909) 370-5067 DESCRIPTION & CONTRACT AMOUNT Santa Ana River Project Area - Washington Street Medians $ 617,569.71 OWNER City of Costa Mesa ADDRESS 77 Fair Drive, Costa Mesa, CA _ OUR JOB# 175-04 CONTACT Tom Banks PHONE (714) 754-5029 DESCRIPTION & CONTRACT Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to AMOUNT Arlington $ 193,026.47 OWNER City of Corona ADDRESS 815 West Sixth Street, Corona, Ca 92882-3238 OUR JOB# 182-04 CONTACT Steve Enna PHONE (951) 739-4815 DESCRIPTION & CONTRACT AMOUNT Third Street Extension $ 1,172,377.40 OWNER City of Cypress ADDRESS 527_5Orange Ave, Cypress CA 90603 OUR JOB# 164-0_2 CONTACT Kamran Dadbeh PE PHONE (714) 229-6756 DESCRIPTION & CONTRACT AMOUNT Ball Road Parkway Improvements $ 290,325.37 OWNER City of Downey ADDRESS 11111 Brookshire Ave_ Downey, CA 90241-7016 OUR JOB# 181-04 CONTACT Jim Bautista PHONE (562) 904-2153 DESCRIPTION & CONTRACT AMOUNT Firestone Blvd. Traffic Signal Sy_n_cronization $ 1,021,318.72 OUR JOB# 162-02 & 162A-02 CONTACT Anthony La PHONE (562) 904-7118 DESCRIPTION & CONTRACT AMOUNT Paramount Gateway Streetscape $ 1,132,265.62 1401 Warner Avenue, Suite B, Tustin, California 92780 - (714) 247-1040 - Fax (714) 247-1041 GMC iNGINEERINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Huntington Beach PWA ADDRESS 2000 Main Street Huntington Beach, CA_ OUR JOB# 138-00 CONTACT Eric Charlonne PHONE (714) 536-5590 / (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT 5th Street Parking Plan Improvements $ 383,683.00 OUR JOB# - ---- -- — 128-99 CONTACT Eric Charlonne PHONE (714) 536-5590 / (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Glencoe Avenue Street Improvements $ 321,177.11 OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 _ OUR JOB# 168-03 CONTACT Steve 011o PHONE (949) 724-7562 DESCRIPTION & CONTRACT AMOUNT Harvard Blvd. Bike Trail $ 329,030.31 OUR JOB# 136-00 CONTACT Mark Stowell, P.E. PHONE (949) 724-7543 DESCRIPTION & CONTRACT AMOUNT Col Bill Barber Memorial Park, Parking Lot $_ 1,019,322.69 OUR JOB# 135-00 CONTACT Steve 011o PHONE (949) 724-7562 DESCRIPTION & CONTRACT AMOUNT Michelson Ave Median Improvements $ 584,769.34 OWNER City of La Mirada ADDRESS 15515 Phoebe Ave La Mirada, CA 90638 _ OUR JOB# 155-02 CONTACT Gary Sanui PHONE (714) 522-6821 DESCRIPTION & CONTRACT Rosecrans Pavement & Median Reconstruction Valley View to AMOUNT Biola $ 525,467.27 OWNER City of Lomita ADDRESS 24300 Narbonne Ave Lomita, CA 90717 OUR JOB# 149-01 CONTACT Tom Marnocha PHONE (310) 864-7130 DESCRIPTION & CONTRACT AMOUNT Lomita Blvd. Streetscape $ 1,151,872.28 OWNER City of Newport Beach ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 Our Job # 179-04 CONTACT Robert Stein P.E. PHONE (949) 644-3322 DESCRIPTION & CONTRACT -AMOUNT75 '+U I VVCU I ICI NVCI IUU, JUILC 6, 1 UJUI I, UdIMU11 Ild yL I OU - k I 1 4) 24 / - I U4U - rdX , / 1 4) 24 / - 1 U4 i I.'' 1 0 GMC GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Mission Viejo ADDRESS 200 Civic Center, Mission Viejo, CA_92691 Our Job # _ 184-04 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION & CONTRACT AMOUNT Alicia Parkway $ 1,021,51.2.91 _ _ Our Job # _ 171-03 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION & CONTRACT Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts & AMOUNT Alicia Pkwy Median Landscaping $ 396,256.58 Our Job # _ 160-02 CONTACT Marc Changon PHONE (949) 470-3091 DESCRIPTION & CONTRACT AMOUNT Improvement of EI_P_aseo Roadway & Traffic Signal Impts $ 223,734.33 - --------- Our Job # 117-98 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION & CONTRACT AMOUNT La Paz Widening $ 317,375.00 OWNER City of Paramount ADDRESS 16400 Colorado Avenue, Paramount, CA 90723 OUR JOB# 167-03 _ CONTACT Robert French - Willdan & Associates PHONE 562-714-5599 DESCRIPTION & CONTRACT Street, Traffic & Landscape Impts on Paramount Blvd. & Harrison AMOUNT Streets $ 867,957.00 OWNER City of San Juan Capistrano ADDRESS 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Our Job # 132-99 CONTACT Jerome Ruddins PHONE (949) 855-3634 DESCRIPTION & CONTRACT AMOUNT Camino Capistrano Street Widening $ 677,706.39 OWNER City of Torrance ADDRESS 3031 Torrance Blvd., Torrance Ca 90503 Our Job # 166-03 CONTACT Sandy Cohen PHONE (310) 618-2824 DESCRIPTION & CONTRACT Hawthorne Blvd. / Del Amo Blvd. Traffic Signal and Interesection AMOUNT Improvements $ 336,841.11 OWNER University of California, IRVINE ADDRESS 201A Interim Office Building, Irvine, CA 92697-5444 OUR JOB# 186-04 CONTACT Robert Garcia PHONE (949) 824-2932 DESCRIPTION & CONTRACT A OUNT 'I Ant %A/. n„ 1,1 PP i 11 n/170n _ /74 A\ IA7 InAn _ C ., /- 1 A\ nA-7 nA4 . 9 0GINEEGMNGIc 0 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTUR5 PROP05AL REFERENCE L151 OWNER City of Riverside ADDRESS 3900 Main Street Riverside, CA 92522 OUR JOB# 188-04 CONTACT Daniel Ciacchella PHONE (951) 826-5889 DESCRIPTION & CONTRACT AMOUNT Mitchell Avenue Improvements $ 1,308,297.15 OUR JOB# 187-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION & CONTRACT AMOUNT Arlington Ave Beautification & Magnolia Ave Irrigation $ 1,064,064.72 OUR JOB# 176-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION & CONTRACT AMOUNT Van Buren Blvd. Median Improvements $ 740,000.15 OUR JOB# 174-04 CONTACT Juan Rojas PHONE (951) 826-5236 $ 330,076.68 DESCRIPTION & CONTRACT AMOUNT Central Ave to Chicago, Alleys, Fairmount from Strong to 60 Fwy OUR JOB# 161-02 CONTACT Dick Clelland PHONE (909) 826-5671 DESCRIPTION & CONTRACT AMOUNT Mission Grove Parkway Median Islands $ 224,635.68 OWNER City of Upland ADDRESS 1370 N. Benson Ave Upland, CA 91786 OUR JOB# 177-04 CONTACT Alex Qishta PE PHONE (909) 931-4272 DESCRIPTION & CONTRACT AMOUNT Foothill Blvd. Medians $ 110,073.96 OWNER City of Whittier ADDRESS 13230 Penn St, Whittier, CA 90602 OUR JOB# 131-00 CONTACT Sunny Ng PHONE (562) 464-3510 DESCRIPTION & CONTRACT AMOUNT Whittier Blvd. Median Improvements $ 323,415.90 OWNER City of Yorba Linda ADDRESS 4845 Casa Loma Ave POBox 87014, Yorba Linda, CA OUR JOB# 169-03 CONTACT Fernando Saldivar PHONE (714) 961-7170 DESCRIPTION & CONTRACT AMOUNT Yorba Linda Blvd. Median Improvements $ 556,270.26 OUR JOB# 146-01 DESCRIPTION & CONTRACT JAMOUNT Yorba Linda Blvd. Median Improvements $ 519,563.51 1401 Warner Avenue, Suite B, Tustin, California 92780 - (714) 247-1040 - Fax (714) 247-1041 • • LNG GE GENERAL ENGINEERING CONTRACTOR ,Lic. No. 739091 CONTRACTORS DESIGNATION OF SURETIES Bonding Agent: JRG Surety & Insurance Agency, Inc. 1123 Buckingham Drive #A Costa Mesa, CA 92626 (714) 751-8073 (714) 751-8029 Fax Attention: Jeffery R. Gryde Surety Company: First National Surety 120 Vatis Aliso Viejo, CA 92656 (949) 860-6611 (949) 860-6600 Fax Attention: Mike Stein Insurance: Armstrong Robitaille 680 Langsdorf Dr. #100 Fullerton, CA 92831 (714) 578-7356 (714) 578-7489 Fax Attention: Cindy Campbell Bond inb Insurance Reference 1401 Warner Avenue, Suite B, Tustin, California 92780 - (714) 247-1040 - Fax (714) 247-1041 MOJECT BID SCHEDULE - te>rai:: si imatei. :' ::<:::::::;::::;:::::: teit :wsit�.. ... dice ::::::::::::::::::::::::::::::::::::::::.: `:1 ti; `• ............. . Q . a .. ................... ... ............... ..;..... ;...;..:..;::::::::;:::::::;:::;:::::::::;::::;::::::::;::;::::::::: v>C i +pit > °wAkd.................................... 1 1 Mobilization L.S. @ — W& -Mms M $ate Per L.S.- L.S. 2 2 1 Traffic Control L.S. @ 7Y jh4—r- AWPA $ 3370— $ A3 7 p s� ✓�rl i D� �c fir`zJ Cents Per L.S. NPDES Compliance (NOI, SWPPP) and Implementation (BMPs, Monitoring, Sampling and Maintenance) Inclusive, but limited to: all 3 1 labor, materials and permit fees L.S. @ Dbflnm $ 357*1 $ S—f-(IP y s co��F Po(c.✓ 2J cant,, Per L.S. 4 665 Remove Existing A.C./A.B to a Depth of 0.50' Below Proposed Grade C.Y. @�-'t �� ✓'^'�"----�. Dollars $ 7 $ 3%- © Cents Per C.Y. 5 1040 CONSTRUCT NEW 0.40' MAX. FULL DEPTH A.C. 70 Tons @ / �F7`� F� �� Dollars $ 5- / $ 5na y(`17Y - _ Cents Per Tons 6 260 Instal 10.10' AC Latex overlay HflYi67y J` WAIF — Q $ " %0 $ S Tons @ Dollars / Y Cents Per Tons 7 1800 Remove and Reconstruct Ex. 6" Curb & Gutter per Std. Plan 202 L.F. @ 7i,�7y Dollars $ "•7-*A7Y jL �/�� f - -�"^", Cents Per L.F. 8 1050 Remove and Reconstruct Ex. Cross Gutter per Std. Plan 205 S.F. @ �'`� Dollars $1l^' $�� Cents Per S.F. Remove and Reconstruct Existing Residential Driveway Approach per Std. 9 3000 Plan 209 •) S.F. @ Dollars $ /' $J f l y �— Cents Per S.F. 10 1500 Remove and Reconstruct Existing 4" Sidewalk per Std. Plan 207 S.F. @ %f 6Cf % Dollars $ $ lfff 7 f S' ✓--� --Cents Per S.F. V C-1s &ROJECT BID SCHEDULE ,tee:: stimate:.::::::::::::::::::: fain: wzt ;:u>ri�t:price::::::::::::::::::::::::::::::::::::::::::::::. xxeri :.... <<? ... ................. 11 2 Remove and Reconstruct Existing'A/D'A Access Ramp EA. @ tt1 HD/t&D -5,1� $ �= $ J l Serf OOCCA,tj- _ Per EA. 12 28 Adjust Water Meter Box to Finish Grade EA. @ oy, #cP40llO '7H7i4-� )�elkerr $/37— $`�i fAV4►1 'Oa c tr41u Per EA. 13 7 Adjust Water Valve Box to Finish Grade EA. �t @ 7h7`�1 (C Doiiars-- $�� $� Per EA. 14 2 Adjust Sewer Manhole to Finish Grade / �Uf�- / Ojv°� � -'° O d I qr EA. @ Dollars $ $ Cents Per EA. 15 2 Adjust Fire Hydrant to Finish Grade ly"D a2� -- -- ('� EA. @ 1901lars $ $ �t '00 C c-' c-ents Per EA. 16 6400 Repair/Replace Damaged Irrigation/Landscaping/Hardscape in Kind S.F. @ l>lff�`-- Dollars $ $ �27`/ S4s-f Cents Per S.F. 17 18 EA. Remove Tree & grind @ 7� f-%✓� (D 't� --Afars $, r_ $ �f7— Per EA. EA. 18 3 Construct New Tree Well Q/Y"�—SA Y EA. @ -Be11s" SWvr-"--1 00 C c,472J — Per EA. 19 23 EA. Plant new 24" box tree @ AiL/`��(� iG�l Be�lare- $ $ I_ s+�4/6-y 100(1L4rV Per EA. EA. Remove Interfering Portions of Existing 30" SD, Construct Junction 20 1 L.S. Structure Type 'E' per Std. Plan 314 and connect proposed 24" HDPE SD @FOViL-THOC2,, SO-t� ate- $ 11� $ qk 1�� Cents — Per L.S. C-2s &ROJECT BID SCHEDULE & * (M I..t.U...ft...l.E.....s..timated... it ' .... ......... ............ .. I...... .. . ........ 21 90 L.F. Install 18" HDPE Storm Drain Pipe @ ®NC 141H&1VO &@11an $ $ 3D— f6V44 P 0 C CAV -ems' Per L.F. 22 700 Install 24" HDPE Storm Drain Pipe 00-fi- H,1-4-alzw 7t!v� $. $ L.F. @ D04ws - 5�6V4-( 0 () Per L.F. 23 3 Construct Junction Structure Type 'D'per Std. Plan 313 7_V6_(7_(-Belles 4100 $ bloo— EA. @ �✓4VA4,0 Per EA. Construct Curb Inlet Catch Basin per Std. Plan 301 and Local Depression 24 4 EA. per Std. Plan 302 @ klr4yf,,,o BOHM $ 51e/4-f rX ( 04� Per EA. 25 4 Construct Cut In Valve on existing 6" AC Water Line TMO("A-4�2 SISI-61 $ EA. @ —Dollars d- Cents Per EA 26 3 Construct Inverted Siphon Assembly on existing 6" AC Water Line EA. @ Dollars Cents Per EA. 27 24 Protect/Replace Existing Utility Service Lateral EA. @ -iy<f"-rY ly(--e� PA/WPOD.", sAMI f $711012 t� 6 (L-7-r 516,14o-e 00 C LAq Per EA. Total Amount Bid in Figures: $ 5 7-7, 5 7-70 5'OZ2L Total Amount Bid in Words: fIV-6- i4v"PAW 5'C-V6-r-rYA�e�� 7(-fOC,1j-4qVO(1 .... ............................... . ............................. V L-0 LOD C-3s 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET August 25, 2005 GMC Engineering, Inc. 1401 Warner Avenue #B Tustin, CA 92780-4116 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Re: CC-1272 — Underhill Lane Improvements CALIFORNIA 92648 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, !tn. Flynn ity Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance g: followup\cashcont\cashcon-letter.doc ( Telephone: 714536-5227 ) DECLARATION OF SATISFACTION OF CLAIMS - state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20 . (Location) (Signature of Contractor) g:falowup\cashconticashcon2doc procedure #15 APPROVED AS TO FORM � NTFER McGRATH, City Attorney arab Sutton t -k �0 3 eputy City Attorney 0 City of Huntington Beach- Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vil of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 1 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM TJEIFER McGRATFIL CityAtto.,y h Sutton City AttoM.Y 12 '`%( g:followuplcashcont\cashconl .doc procedure #14 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signingfdating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha ' eidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Countif Approval Date) 6 33,�,2A Agenda Item No. City Clerk Vault No. �'i -600. sty ��ss39 #27 gJfoilowup/bondletter doc 0 0 f v i+a .ZL. r. �G�u. u iriil I�, ♦ I a'i CONTRACT BOND - CALIFORNIA PAYMENT BONO KNOW ALL BY THESE FRFSENTS. Tht a, GMC 1401 Warner Avenue. Suite B. Tustin. CA 92780 Inc. Bond No. 6336325 Premium: Included of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held mad firmly bound unto the City of Huntington Beach I as OHligae, in the sum of ive Hundred Seventv even Thousand Five Hundred Seventy Seven and 501100 for the payment whereof, well and truly to be made, said Principuf and Surety bind successors 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 4th day of August , 2005 , with the Obliges to do and perform the following work, to -wit: UNDERHILL LANE IMPROVEMENTS FROM MYRTLE DRIVE TO SIRAYNE DRIVE CC1272 NOW, THEREFORE, if the above -bounden Principal or Mather subcontractors fall to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the CAmtraot, or any amounts required to be deducted, withhold and paid aver to the Pron4las Tax Board from the wages of employees of the Principal or hWher submtrectors purmat to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, In an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable sttmay"s fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, oompaniss or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, seated and dated this 4th day of August 2005 No premium is ch*tgad for this bond. It is naoutod In connection with a bond for the performance of the contract. TO GMC Engineering, Inc. Principal By: 14a#4- FIRST NATIONAL INSURANCE COMPANY OF AMERICA By 44Z, Z e rey4VGryde, ttosAey-tr,-Faet J� jEYNIFER McGRATH, Qty Attom� "065/EP 7104 A V1,4Q PRINTED 1N U.S.A. 1 1 S A F E C Or POWER OF ATTORNEY FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: 0 FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34626 SEATTLE, WA 98124-1626 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint R.t3RYDE;Costa Mesa, its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fide% and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 71h day of August 2003 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA- "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL s 1928 a • S-1049/FNEF 7198 INS 4th day of August 2005 CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 08i07/2003 PDF 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /� County of Ln Angele s ss. On August4, 2005 before me, fhb#1e Jane gtchcl , y Date DD Name and Title of officer (e.g., 'Jane Doe, Notary Public ) personally appeared �� f Cam/ 1� - Qm 4 e. Name(s) of Signer(s) CHRISTINE JANE THATCHER Commission # 1396020 z -�,; Notary Public -California Z ` %• Los Angeles County My Comm. Expires Jan 26, 2007 Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons whose name(A is/are subscribed to the within instrument and acknowledged to me that he/s4iiill Bey executed the same in his/heW#-A -r authorized capacity(4ec), and that by his/hef/their signature(A) on the i trument the personal, or the entity upon beef of which the person(t acted, executed th strument. WITNESS my hM and official seal. or Notary Putxm OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 76C:InC1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod- No. 5907 ReorderCall Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT 0 State of CALIFORNIA County of ORANGE On �7/ r i o Ubefore me, SANDRA JO WINBERRY. NOTARY PUBLIC , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publicl personally appeared GENNADY CHIZHIK , Names} of Signer(s) Xpersonally 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, L4PsANORq JO 1NINBERRY executed the instrument. commission # 1321721 Notary Public - California Los Angeles County WITNESS my hand and official seal. My Caam. E1 Sep 22, 2t105 Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labour & Material Bond Document Date: g%/of- Number of Pages: 3 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: Gennady ehizhik ❑ Individual FNXCorporate Officer Tftle(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other: Top of thumb here Signer Is Representing: GMC ENGINEERING INC 1401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: LE r If Individual Corporate Officer Tftle(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1994 Nadonal Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Cap Toll -Free 1-800-876.6W n u E 4333 Brooldya Aveaus N.F. Seaula,WA OS105 CONTRACT BOND — CAUFORNIA FAITHFUL PERFORMANCE — PU$UC WORK KNOW ALL BY THESE PRESENTS, That __ GMC Engineering, Inc. Bond No. 6336325 Initial premium charged for this bond is $5921.00 subject to adjuetment upon completion of contract Hit Itp01 1a moi sit fiM1 "rltrut prkc of 1401 Warner Avenue, Suite B, Tustin CA 92780 ae Principal, am t e FIRST NATIONAL INSURANCE ICA, a eorporatiom organized and existing under the laws of the State of W a"gton and author'*zed to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach In the sum of Five -- ---------------------------- ----------- Dollars 7----------------------------------------------------- -- - .577.50 for the payment whereof, well and truly to be made, said Principal and Surety bind ihemse veo, their heirs, a4m sueosam and aasiW, jointly and severally, firmly by them presents, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, rho above -bounden Principal has entered into a Contract, dated August 4th , 2005 , with the City of Huntington Beach to do and perform the following work, to -wit: UNDERHILL LANE IMPROVEMENTS FROM MYRTLE DRIVE TO SHAYNE DWE CC1272 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of aid Contract, then this obligation $hall be void; otherwise to remain In full force and effect. PROVIDED FURTHER THAT. Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performod under the Contract. Signed and seated this 4th day of August , 2005 GMC Engineering, Inc. � Ptincipa! By: ) A TO FORM: FIRST NATIONAL INSURANCE COMPANY OF AMERICA cGRATH, Ci A for` BY the"'JelGy R. G de, ttorl±:iy-ls;-t 3-068&EP T04 PRiNTV 1N U.O.A. 5 A F E CC` POWER OF ATTORNEY FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: 0 FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****«*««**ss*****«*+*«««+***««+**+*+«+**«***s««***7EFFERY R.GRYDE;CostaMesa its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 7th CHRISTINE MEAD, SECRETARY CERTIFICATE day of August 2003 C4�_ P ` v"___, MIKE MCGAVICK, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, () The provisions of Article V, Section 13 of the By -Laws, and (ji) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049IFNEF 7198 this 4th day of August , 2005 �p9ANC1 Co c*rOn SEAL z1.1. ; 1928 APZ �s ♦ i CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 08/0712003 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anqele s ss. On August 4, 2005 before me,l.C110611e 3 one TnatCilU . IN"y Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ) personally appeared �e r e� K - Q4 4 e Name(s) of Signer(s) CHRISTINE JANE THATCHER Commission # 1396020 Notary Public - Califomia Los Angeles County My Comm. Expires Jan 26, 2007 personally known to me 01 proved to me on the basis of satisfactory evidence to be the personDU whose name(A is/are subscribed to the within instrument and acknowledged to me that he/sI4e/0" executed the same in his/hEW*reir authorized capacity(4ec), and that by his/hoWthreir signature($) on the/in ment the person(p), or the entity upon bef of which the person(Jj)acted, executed thtrument. WITNESS my haocyand official seal. of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 3�df1�1 Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General �4 Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator E Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., PO, Box 2402 - Chatsworth, CA 91313-2402 - www.nahonalnotary.org Prod- No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOS&CKNOWLEDGMENT State of CALIFORNIA County of ORANGE On gf2 T/ A0 1 before me, SANDRA JO WINBERRY. NOTARY PUBLIC , ate Name and Title of Officer (e.g.. 'Jane Doe. Notary Public") personally appeared GENNADY CHiZHIK , Names) of signers) Xpersonally known to me - OR - El 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 fie/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, on! 132l721 SANDRA JO WINBERRY 1 executed the instrument. ComrMul Notary Pubilo - Califomis Los Angeles County WITNESS my hand and official seal. MYComm ftlim8022,2 5 Sgnature �.fN.Iy �ftbk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: FAITHFUL PERFORMANCE BOND Document Date: 3- %--1l ©1 Number of Pages: 3 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: �Gennad3r—Chi7bilr ❑ Individual [RXCorporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: GMC ENGINEERING INC 1401 Warner AVe Ste B Tustin, CA 92780 Signer's Name: e ISO Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUN18PRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Call Toll -Free 1.800-876.8827 Client#• 29932 GMCENGI r,4C6RDT. CERTIFICA* OF LIABILITY INSUFONCE 8/44/05M,DD/YY) PRODUCER Armstrong/Robitaille Bus&InsSv 680 Lan sdorf Drive #100 C(�-& Os-wt,.T 6a,� 9 THIS CERTIFICATE ONLY HOLDER. ALTER IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34009 Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE INSURED GMC ENGINEERING, INC. C %D ��JK _ 1401 Warner Avenue #B J s��?6�4� Tustin, CA 92780-4116 INSURER A: Everest (Summit) INSURER B: American States Ins. Co. (Safeco) INSURER a RSUI Indemnity Ins. Co. (AES) INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A 1 GENERAL LIABILITY 06/25/05 06/25/06 EACH OCCURRENCE $1 000 000 �6400000013051 X ICOMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $100000 CLAIMS MADE [XI OCCUR MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 000 000 BI/PD De_d:2z000 _ GENERAL AGGREGATE s2,000,000 GEWL AGGREGATE LIM IT APPL IES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JECOT- LOC B AUTOMOBILE LIABILITY 01 CG7694461 06/25/05 06/25/06 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X BODILY INJURY $ HIRED AUTOS � X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC _ $ $ AUTO ONLY: AGG C EXCESS LIABILITY NHA214394 06/25/05 06/25/06 EACH OCCURRENCE $1 000 000 X� OCCUR u CLAIMS MADE AGGREGATE $ e,000,000 $ $ I DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC S LM T7 OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ROVED AS TO FORM E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER }.,' , ity tt(omey L �It,% ®J DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Underhill Lane Improvements, CC-1272 The City, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds as respects general liability and this insurance is primary and noncontributory with any other (See Attached Descriptions) CERTIFICATE HOLDER I ADD City of Huntington Beach 2000 Main Street PO Box 190 Huntington Beach, CA 92648 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WftX )=TOMAIL30_ _DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDERNAMEUZ4KjIELEFT, AUTHORIZED ACORD 25-S (7/97)1 of 3 #S289955/M284960 / J KVO © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 3 #S289955/M284960 Policy No. 6400000013000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED AND WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - INCLUDING COMPLETED OPERATIONS This endorsement modifies, insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: officials, employees, agents, and volunteers Any person or organization for whom you are performing operations where prior to performing operations you and such person or organization have agreed in writing in a contract or agreement that such person or organiza- tion be added as an additional insured on your policy. The insurance afforded by this endorsement shall only include the insurance required by the terms of the written agreement but only to the extent covered within the terms of this Coverage Part. The Limits of Insurance shall be the lesser of the Limits of Insurance required by the written agreement between the: parties or the Limits of Insurance provided by this Coverage Part. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Section lI — Who Is An linsured is amended to include as an additional insured the person or organization shown in the schedule for whom you are performing operations, but only when you and such person or organi- zation have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and adver- tising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of "your work" for the additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury", "property, damage" or "personal and advertising injury' arising out of any construction pro- jects that are part of a consolidated (wrap-up) insurance program. This exclusion also applies to any; a. Work or operations performed; or b. Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are performed or fur- nished at the location of the wrap-up construction project or anywhere else. ECG 20 510 05 04 Copyright Everest Reinsurance Company, 2004 Page 1 of 1 APPROVED AS TO FO Includes copyrighted material of Insurance Services Office, Inc., with its permission. m,cRATH,. City Attorney Policy No. 640000001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NONCONTRIBUTORY - FOR ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General liability Conditions: I. If insurance similar to this insurance is held by a person or organization that is an additional insured on this policy, this insurance is primary to that other insurance. We shall not seek contribution from that other insur- ance for amounts payable under this insurance for liability arising out of your ongoing operations or included in the "products -completed operations hazard", performed for that person or organization under a written con- tract. 2. However, the provisions of this endorsement do not apply to a person or organization unless you had a spe- cific written request from that person or organization that: a. This insurance be primary insurance; and b. They bean additional insured on this policy; and c. You received such request prior to the date that your operations for that person or organization com- menced. The insurance afforded by this endorsement shall only include the insurance required by the terms of the writ- ten agreement but only to the extent covered within the terms of this Coverage Part. The Limits of Insurance shall be the lesser of the Limits of Insurance required by the written agreement between the parties or the Lim- its of Insurance provided by this Coverage Part. ECG 24 53612 04 Copyright Everest Reinsurance Company, 2004 Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CPHOLDER COPY SIP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-04-2005 GROUP: 000048 POLICY NUMBER: 0013668-2004 CERTIFICATE ID: 31 CERTIFICATE EXPIRES: 10-01-2005 10-01-2004/10-01-2005 CITY OF HUNTINGTON BEACH SP JOB:UNDERHILL LANE IMPROVEMENTS, CC-1272 2000 MAIN STREET P 0 BOX 190 HUNTINGTON BEACH CA 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - GENNADY CHIZHIK PRES TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2005-04-22 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH APPROVED AS TO FORM JIFER cGRXTH, ity Attorney t'►I EMPLOYER GMC ENGINEERING INC AND/OR GMC ENTERPRISES 1401 WARNER AVE STE B TUSTIN CA 92780 [B16,SP1 PRINTED : 08-04-2005 (REV.2-05) Company Profile Page 1 of z . Company Profile FIRST NATIONAL INSURANCE COMPANY OF AMERICA REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA SEATTLE, WA 98185 800-332-3zz6 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 13o ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: Z4724 NAIC Group #: oi63 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http://cdinswww.insurance.ca.gov/pls/wu_Co_prof/idb_co_prof utl.get_co_prof?p_EID... 8/18/2oo5 N Company Profile 1PRINKLER • SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04, 2004 xm8 AM Copyright © California Department of Insurance Disclaimer Page 2 of 2 littp://cdinswww.insurance.ca.gov/pls/wu-Co�_prof/idb-Co�_prof utl.get_co_proPp_EID... 8/18/2005 GMC OGINEEPSG It GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 August 10, 2005 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92846 Attention: David Verone Project Manager Re: Underhill Lane Improvements between Myrtle Drive & Shayne Drive CONTRACTS Dear Mr. Verone, In conjunction with your telephone request, please find enclosed the first few pages of GMC Engineering, Inc.'s MINUTES from August 4, 1997, whereby Gennady Chizhik is named as both President and Secretary/Treasurer (page 3). Trusting this documentation will be sufficient confirmation identifying the officers of GMC Engineering, Inc. Should you need anything further, please do not hesitate to contact our office. Sincerel erry Controller Encls. 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 MINUTES OF FIRST MEETING OF BOARD OF DIRECTORS OF GMC ENGINEERING, INC. The directors of the above corporation held their first meeting on August 4, 1997. The meeting was held pursuant to a Waiver of Notice and Consent signed by each of the Directors, which has been placed in the Minute Book preceding these minutes. The following Directors, constituting a quorum of the Board of Directors named (in the Articles of Incorporation, or by the Incorporator(s)), were present: Gennady Chizhik Upon motion duly made, seconded and unanimously carried, GENNADY CHIZHIR was elected Chairman of the meeting and Secretary of the meeting. The Chairman stated that the Articles of Incorporation of the Corporation were filed in the office of the California Secretary of State on May 27, 1997. The Chairman presented to the meeting a 1 certified copy of the Articles of Incorporation and the Secretary was directed to insert the copy in the Minute Book of the 'Corporation. The meeting proceeded to the completion of the organization of the corporation, and, upon motion duly made, seconded, and unanimously carried, the following resolutions were adopted: RESOLVED: That GENNADY CHIZHIR, named as this corporation's initial agent for service of process in the Articles of Incorporation, is hereby confirmed in such capacity. RESOLVED FURTHER: That the Bylaws presented to this meeting be, and the same hereby are, adopted as and for the bylaws of this corporation, and the Secretary is directed to certify the adoption of said Bylaws and to maintain a copy of the Bylaws, so certified, at the corporation's principal executive or business office in California in accordance with Section 213 of the California General Corporation Law. RESOLVED FURTHER: That the corporate seal in the form, words, and figures presented to this meeting and impressed upon the last page of these minutes, be, and it hereby is, adopted as the seal of this corporation. RESOLVED FURTHER: That the form of stock certificates) presented to this meeting be, and it hereby is, approved and adopted, and the Secretary is directed to insert a specimen certificate in the Minute Book immediately following these minutes. A. i RESOLVED FURTHER: That 586 E. Lambert Road Brea California 92621, be, and the same hereby is, designated and fixed as the Pri r principal executive office for the transaction of the business of this corporation. ELECTION OF OFFICERS The Chairman stated the next item of business would be to elect officers of the corporation for the coming year. After discussion, and upon nominations duly made and seconded, the following persons were unanimously elected to the offices respectively set forth: 40401 NAME President, Treasurer and Secretary GENNADY CHIZHIR The directors thereupon unanimously adopted the following resolution: RESOLVED: That the corporate officers are hereby directed to prepare and file with the California Secretary of State the Information Statement as required by Section 1502 of the California General Corporation Law. FISCAL YEAR The Chairman stated it would be advisable for the corporation to establish a fiscal year. Upon motion duly made, seconded, and unanimously carried, the following resolution was adopted: RESOLVED: That the fiscal year of this corporation shall end on March 31st of each year. ESTABLISH BANK ACCOUNTS The Chairman next proposed the Board make provision for the deposit of the funds of the corporation and their withdrawal. 01 0 • principal executive office for the transaction of the business of this corporation. ELECTION OF OFFICERS The Chairman stated the next item of business would be to elect officers of _the corporation, for the coming year. After discussion, and upon nominations duly made and seconded, the following persons were unanimously elected to the offices respectively set forth: TITLE NAME President, Treasurer and Secretary GENNADY CHIZHIR The directors thereupon unanimously adopted the following resolution: RESOLVED: That the corporate officers are hereby directed to prepare and file with the California Secretary of State the Information Statement as required by Section 1502 of the California General Corporation Law. FISCAL YEAR The Chairman stated it would be advisable for the corporation to establish a fiscal year. Upon motion duly made, seconded, and unanimously carried, the following resolution was adopted: RESOLVED: That the fiscal year of this corporation shall end on March 31st of each year. ESTABLISH BAND ACCOUNTS The Chairman next proposed the Board make provision for the deposit of the funds of the corporation and their withdrawal. 3 Y �r • • respects, meet the requirements thereof: RESOLVED FURTHER: The Officers and directors of this corporation shall cause to be prepared, executed and timely filed with the California Commissioner of Corporations, a Notice in the form prescribed pursuant to Section 25102(f), and shall take such other further action as may be necessary or desirable to effectuate the foregoing resolutions. RESOLVED FURTHER: That this corporation is a small business corporation as defined in Section 1244 of the Internal Revenue Code, and that the shares of its capital stock to be sold and issued hereunder shall be sold and issued to the extent they qualify as such pursuant to Section 1244 of the Internal Revenue Code. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting was adjourned. ATTEST: 1 / \s v Chairman (c:\Corporat\GMCEng.Min) 2 City of Huntington Beach Underhill Lane Improvements CC-1272 Bid Date & Time: July 26, 2005 @ 2:00 P.M. Engineer's Estimate: $450,000 BIDDER'S NAME RANK TOTAL BID AMOUNT S3z4 2. R(1'qACc-- 4 L-)ks 3. B us 0 C�n5+ IS c'► �7 4. 6 MC 5. -jC Gam 6 '- 6. U 1 C04i �c 2 qq--, 7. 8. 9. 10. 11. 12. 13. 14. 15. Page 1 of 1 f -A, Council/Agency Meeting Held: �J Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Cler 's ' natur Council Meeting Date: 8/15/2005 Depa me umber: PW 05-056 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION C o � SUBMITTED TO: HONORABLE MAYOR/AND CITY COUNCIL MEMBERS � SUBMITTED BY: PENEL E CULB�ETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS; SUBJECT: Award Contract for Construction of Underhill Lane C Improvements; CC-1272 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 26, 2005, bids were received for the Underhill Lane Improvements, CC-1272. Staff recommends award to GMC Engineering, the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the Measure M Fund for Pedestrian Improvements, Account 21390004.82300. The engineer's estimate for construction was $500,000. Recommended Action: Motion to: 1- Approve the project plans and specifications for the Underhill Lane Improvements, CC- 1272; 2. Accept the lowest responsive and responsible bid submitted by GMC Engineering in the amount of $577,577.50; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids, and provide staff with alternative direction. REQUEST FOR ACTION MEETING DATE: 8/15/2005 DEPARTMENT ID NUMBER:PW 05-056 Analysis: The residents of Underhill Lane have petitioned the city to address tree replacement as well as a drainage problem on their street where excessive ponding occurs within the right-of- way. Underhill Lane is the number one street on the current Tree Petition List. Upon review of the street conditions, it was determined that installation of catch basins and a 24" storm drain, connecting to an existing 30" storm drain in Shayne Drive, would alleviate the drainage problem. The project will also include selective pavement reconstruction, replacement of existing curb, gutter, and driveway aprons, as well as the adjustment of water valves, manholes, and similar appurtenances. Street trees and sidewalk will be removed and replaced as appropriate. On July 26, 2005, bids for the Underhill Lane Improvements were received and publicly opened by the City Clerk, and are listed below in ascending order: Bidding Contractor Bid Amount All American Asphalt $534,815.00 GMC Engineering $577,577.50 Alliance Streetworks $580,580.00 Excel Paving $646,670.00 Sequel Contractors, Inc. $698,299.00 Buso Constructors, Inc. $715,950.00 On July 29, 2005, All American Asphalt requested in writing that their bid be withdrawn due to an error in their bid. Staff has reviewed this request and in accordance with the Public Contract Code has agreed to withdraw their bid. Therefore, the next lowest responsive and responsible bid is $577,577.50 as submitted by GMC Engineering. Bid amounts were verified and GMC Engineering has performed well on previous City projects. Therefore, staff recommends that the City Council accept the bid from GMC Engineering, the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission recommended the project on June 15, 2005, by a vote of 5-0- 2 (Scheid and Spencer absent). Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. G:\R C A\2005\05-056 August 15 Erdman (Award Underhill).doc -2- 71291200512:52 PM REQUEST FOR ACTION n MEETING DATE: 8/15/2005 Attachment(s): 1. 2. Location Map DEPARTMENT ID NUMBER:PW 05-056 Sample City Funded Construction Contract G:\R C A\2005\05-056 August 15 Erdman (Award Underhill).doc -3- 7/29/200512:52 PM 0 0 ATTACHMENT #1 MYRTLE o 0 �- z w c� W o z Li U ct� w Q 7 r 0 z Q LEI SHAYNE HEiL LPROJECT AREA UNDERHILL LANE IMPROVEMENTS CC #:1272 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NOT TO SCALE 1 OF 1 ATTACHMENT #2 PL1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 0 • C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 0 0 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within () consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 0 0 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 0 0 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 P E delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 0 • the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 0 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 0 0 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 0 0 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consd4-03 15 9 0 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 t/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: 0 • 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. 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 United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 • shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 0 L-I irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 E of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR LOW print name ITS: (circle one) Chairman/President/Vice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. City Attorney Secretary - Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/forms/city const/4-03 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Films TABLE OF CONTENTS PagNo. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30, SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Underhill Lane Improvement Project; CC-1272 COUNCIL MEETING DATE: August 15, 2005 RCA ATTACH E ITS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable El(Signed in full by the City Attorne Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne r pp Y Y Y) Attached Not Appiicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Ap licable ❑ Commission, Board or Committee Report If applicable) P ( pp ) Attached Not Applicable ❑ Findin s/Conditions for Approval and/or Denial g pp Attached Not Ap licable ❑ Administrative Staff ( _� Assistant Citv Administrator (Initial) ( ) Administrator (Initial Clerk RCA Author: Erdman PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 1 am a Citizen of the United States and a resident of the County aforesaid, I am. over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: JULY 14,21,2005 I declare, under penalty of perjury, that the foregoing is true and- correct. Executed on JULY 2.1, 2005 at Costa Mesa, California. Signature SEf 110N A eenrpettity as cart ified cheolh der . check,- SEAI more or bind& bond-;rr�de ayanle 1�C NICY ' r ao 1 ' than I0°�. ; aaa4'iount '�Em bid. �he'_eutcassful (abidder shall be Wensed` N�.Ct#17t2 in accordance with! provisions of the Busi= !8d*ci* mess "and Professions Code and sham pnssess -'a 'State- ContracW's' PUBLIC -NOTICE Is - HEREBY, tf at' ;the; GIVEN.that the ;dine of the bid opening.; CITY OF HUNTINGTON, The ."successful) Con - BEACH, • as AGENCY, tr tor, end his sub invites sealed bids for eulttradtors .tv'ila tiba: the above stated" redair - to Trosso", projects and will -receive ficenaEs front such bids in the office CY. of, the �Gerk, -Second .'"Uniofhill`ilHtR Floor, Main Street, provaments: The projeet Huntington Beach, Cali- forma 9'2M, up to the consists primarily , of =.vat dour of 2.00 P.M. on of roadway sections, rep*eement of Tuesday,"July 26, 200$. the asphalt paving, Bids wi be publicly loverlgyi the streets open .in the, Council-, with an asphat concrete Chambers unless other- latex cap, removal and wise posted, jinstallation of concrete Copies of the Plans, curb and gutter; con- Spedifications, aril prete, sidewalk, curb. contract docu"f-9` are, access ramps, res den- available from the Office tial driveway approach-' of the Dire�tar of Pubfic' es, tree waits, land - I Works, .`,2000 . Main scaping, adjusting man- Street; Hunt.i"ngton holes, .monuments 'and ` Beach, CA 9264$; upon valves to, grade, and; payment. of a $50.0(l installation : of a 24" nonrefundable foe tf HOPE storm drain with picked up, or payment Air HPDE laterals and 4.. of a $75.00 nonrefund- catch basins. The-en¢i, delivery service, The Any contract emit�.,rred iV 60 w into pursuant. to tI The, notice: -will incorporate the ril the provisions 'of the or+alRI State Labor Code: Pur= mfe suant to the provisions ;'all `bii of the Labor Code of the 'ment':. State of California, the ;period: minimum prevailing rate BY C Of r per diem wages for CWW each ,craft; classification HUNtT# or type of workman ALIT( needed -to execute the gel 2( contract shall be those- i determined by • th`e Director. of Industrial Relations of the State of California, wbich are on ' C fti file at the_ Office of the Cr Director df Public Works, f OTIM 2000 Main Street, Hun- Publishe+ tington Beach, CA 92648. Beactt.,# The )A4ENCY"will de- 14, 2t1.2t 'duct a 10% . retention 'team all progress', pay meets. The Contractor, may substitute.'. are es- crow ` holder 'surety . of equal`, value to the retention in accordance with' the prpais)" of the ,California Govern-. Section ent ; ode,,, 4590. The Contractor shall be beneficialowner of the surety and shall receive .any- interest_ thereon, The :A6Et€ `'hereby' affirmatively :„�osures' that minoritybusiness: enterprises, -will be: afforded-fuR op00440AY to phmit biQs . ,10 rs- sporise to At" ' 140ce' and will not be, ills-; crimunated-agein#t the baels of"race, six' national. orrgin,, ancestry,' sex, or religion '1rr arty°. considerafiod:liabding to tfreawardofcc neat i , No 41d slrall,�be "egri-° days. Y reserves xeject: 84, waive any rid, to ZY6 er advisee inaximun A the CITY he CITY -OF I , BEAW, Y of 'Sep - by RESO- Bill if: " CV6, he ' 0 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am. over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: JULY 14121,2005 I declare, under penalty of perjury, that the foregoing is true and. correct. Executed on JULY 2.1, 2005 at Costa Mesa, California. Signature SECT NA � N s soI vr: btdd�'s bond -.made'. IAS for the payatrte r the -AGENCY, IANE far , tA na less AWMtfurn f t Hrs�amount' ENT$. �" ttld. Tha: R asi ASH �R bidder shah be fleeted in accordance with No. U# 1272 - provisions; of the Busi iglecffy%,,.. ness and Professions Code and shall possess a State Contractor's PUBLIC NOTICE" IS 1. ,fit.; HEREBY GIVEN that the time of the bid -opening.' CITY OF HUNTINGTO14 The successful <Con - BEACH.'; as AGEN%Y, tmctor apd his. sub - Invites as bids for cpptra etgf s 4 441,°,bet the above stated reyialr iro poseas", projects and "-receive licoos fr0r6 sueft bids in tfpp office '�i Y. of the Gity Clerk, Second Un�E`billam ` L. foi Floor, 2000 fJlaio Street, provements: The project Huntington Reach, Cali. consists .primarily of fornia 92W, up to the removal of roadway hour of 200 P.M. onsections, replacement of Tuesday,'brly 26,'2005. , the-asphatt ,paving, Bids will be publicly overlaying the streets open in the _ Council -With an asphalt concrete wise posted. - mstanati3O of concrete' Copies; of the Plans, curb and gutter, con - Specifications,. and crate sidaWA, curb contract documents are-.acce,ss ramps, residen available from the Office tial driveway approach - of the, Director of Public -as+ tree >-wells, land - Works, 2000 Main 'scaping, amodjusting man Street, Huntington' holes, numents and Beach, CA 9264$,:upon valves .to grade, and payment of a $60.00 installation of a 24"' nonrefundable fee if HOPE storm dram with picked u or W HPDE laterals and 4 f a ,$75 00 nonrefund- ca i - Ths 0691- able .fee if malted via ,% S -estim4to for the U.S. Postal Servrcof vrork"• appraxhnatgly FedEx, UPS or any other, I'swopw• ' delivery service. irre'. `p Any contract entered j is60*0 into pursuant to, this Alr notice will incorporate, the provisions of• the or-" State Labe Code: Pur-a irr I suant to -the provlsions: all b of the Labor Code of the, me State of California, the PQrIDdel minimum prevailing rate B' OR Of per diem wages for WONelt each craft, classification H T, I or type,. of ; workman` i needed to execute the �. contract shall be those r determined by, the. l TION% Director of. Industr}a}, Relations of the State of 10, California, which are_on cf174 file.=at. the Office of the, Director of Public Works, + HUNIM 2000 Main Street; Hun- Pubfisl tington BeachNC, CA 92646. Beach The AGEY will de., 14;1, duct a -10% 'retention ' from all progress :pay- ments.' The Contractor may substitute' an es ,crow holder surety, of retention in accordance' With,_ the r provisions' of the . California Govern- ment Code, Section 4590. The Contractor shall be beneficial owner ,of the surety and shah receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business to THE the SECTION A NOTICE INVITING SEALED BIDS for the 1U►111 a R go 114 01II191 *1►aI l lkf h� I PaKg CASH CONTRACT No. CC# 1272 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of ?:00 P.M. on Tuesday, July 26, 2005. 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 $50,00 nonrefundable fee if picked up, or payment of a $75.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Underhill Lane Improvements: The project consists primarily of removal of roadway sections, replacement of the asphalt paving, overlaying the streets with an asphalt concrete latex cap, removal and installation of concrete curb and gutter, concrete sidewalk, curb access ramps, residential driveway approaches, tree wells, landscaping, adjusting manholes, monuments and valves to grade, and installation of a 24" HDPE storm drain with 18" HPDE laterals and 4 catch basins. The engineer's estimate for the work is approximately $500,000. The project schedule is 60 working days. 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 20th day of September 2004, by RESOLUTION 2004-81. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH • •� City of Huntington Beach Underhill Lane Improvements TINGTON BEACH CC-1272 Bid Date & Time: July 26, 2005 @ 2:00 P.M. Engineer's Estimate: $450,000 BIDDER'S NAME RANK TOTAL BID AMOUNT w C) 7. 8. 9. 10. 11. 12. 13. 14. 15. Page 1 of 1 9 w CITY 6F Hi. NTINGTON BEACH, CA Z005 JUL 2b P 2,- i I 8 q : I H q Z Inr wl VO 'Holvill., -4 0 k t jo 2000 Main Street P.O. Box 190 1,,U - Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Date: July 7,2005 Project/C.C. No.: C.C. No. 1272 Regarding: Underhill Lane Improvements ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pa es Description 1 1 2 Notice Inviting Sealed Bids 2 Underhill Lane Improvemenst, CC-1272 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 7/14/05 & 7/21/05. Bid opening is scheduled for 7/26/05 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. i c: file By: Douglas A. Erdman, Associate Civil Engineer GACONSTRUCTION CONTRACTS (CCS)\CC1272\jOB HOUSE\NISB TRANSMITALTo CLERK CC-1272.DOC