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GMC ENTERPRISES - 1996-09-16
PROOF OF PUBLICATION STATE OF CALIFORNIA) y SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. i am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issues? of: August 8, 15, 22, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 22 . 1 gg6 at Costa Mesa, California. Signature PUBLIC NOTICE NOTICE IN1fITINQ SEALED BIDS for CC-1037 Warner Avenue Rehabilitation Project Beach Blvd. to B Street Notice is hereby I;Wn that sealed bids will be re - calved by the City of Hun- lington Beach at the DMce of the City Clerk at City Halt, 26 14faln Street, Huntington Beach, Califor- Ms. unld the hour of 2.00 PM on Tuesday. August 27, 1995. at which time bids will be opened publicly and read aloud In the Council Chambers for the Warrwr Avenue Rehabilitation Project located In the City of Huntington Beach. A set or plans, specifics. dons, and contract docu. ments may be obtained starting Thursday. August a, 1996 at City Hall, Depart- ment of Public Works upon receipt of a non-rehmdable fee of $20.00. It picked up or 925.00 It mailed, sates tax Included. Each bid shall be made on the Proposal Form and In the manner provided In the contract documents, and shall be accompanied. bbyy a certified or cashier's c l'k. or a bid bond for not less than 10% of the amount lot the bid, made payable to the CttSr of Four tington Beach. The .Con- tractor shall, - In ra Per- formance of the work and Improvements. Conform to the Labor Code of the State • of California • and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the e; '1 statutes pursuant to ., which proceodlnQs hereun. _ der are takeh end which i have not been superseded by the prorAslons Ot ths.- 4abar Code. ♦°reference b labor Shall be Owen orgy In the martrler provided . by- law. • •4u.W 1; . No bid shalt be Conald- wed toilets A Is made on a form furnished by the City of Hun ingtort Beach and Is 4 made in accordance y th,} the prro%lltsltons of the pro- i �Eech biddermusust be 0- canted and also prequaN. tied as required try law. The City Coma of the l reesserves H dg ttorole�ct E "or all bids. By order of the Cny Coun- cil of the City of Hurtirgton . Beach, Cetltomlt the 9rd of Juns.199tt. Cennte Brockway, City Clark, O111oe of the . City Cleric, CRY Of Ntnl- tington beach, - 2000 Main Street;- Hun- . tington Beach; CA salsa - - Published Huntington BeacfrFounwri Vaney Irr dependent August S, -15, '- 22,199e MAINTENANCE BOND Bond No. 5795118 KNOW ALL BY TH13SB PRUE-NTS, That we, GMC Enterprises as Principal, and First National Insurance GornpanV of America a corporation organized nadir the laws of the State of Washington and duly authorized to do business in the State of California , as Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, in the penal rem of Fifty One Thousand Seven Hundred Ninety Eight and 761100_Dollars ($51,798.76 --_- ------ ). to whicrpayment well and tray to be made we 39 binaourselves. our end eau a. our heirs. executors. a ministra:Ofe, successors and assigns jointly and severally, firmly by these presents. WHERBAS, the said Principal entered into a Contract with the the City of Huntington Beach dated September 16, 1996 for Warner Avenue Rehabilitation Project, CC1037 WHEREAS, said Contract has been completed, and was approved on the 30th day of December 1997 NOW, 7HBREFOR13, THE CONDITION OP THIS OBLIGATION IS SUCH, That if the principal shall guarantee that the work will be free of any defective ma.erialo or workmanship which b.-come apperent during the period of One 1 year(s) following completion of the Contract then this obligation shall be void. otherwise to remain in full force and effect, provided however. any, additional warranty or guarantee whether exprcased or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, seoled and dated this 13th day of February , 1997 c.' GMC Enterprises (Seal) By: (Seal)4.11 (seat) First National Insurance Company of America . By 1 J&frey R. dry6e Attorney -in -Nest 6a-94319F 4110 PC TIC 'M U.S.) POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ' +`°1RST TATIQ VA, `=SURE' 'it" ATTORNEY 4333 $ROOKLVN AVE NE FIRST NATIONAL INS URANCECO.OFAMERICA SEATTLE. wA5fi1NGTOf! 98105 4333 BrootdyR Avenue N.E. Swde,WA galas No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation does hereby appoint "a"""""""""""""Nos "".)EFFREY R. CRYDE, San Clemente, Cal ifornia■""""""rF"""""""""■■"""se""""""■ Its true and lawful attorneys) -in -tact. 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 fulty as if such instrurnents had been duty executed by its regularly elected officers at Its hone office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents INS 12 t h day of November . 1993 CERTIFICATE Extract from the BY -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FK) LITY AND SURETY BARS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations. shad each have authority to appoint Individuals as attorneys -in -fact or under other appropriate tilles 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 instnrnent 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 seat 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 JVy 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting W. (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment. executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment Is in full force and effect. the signature of the certifying officer may be by facsifle, and the seal of the Company may be a facsimile thereof.* L R. A. Pierson, Secretary of FIRST NATIONAL 'INSURANCE COMPANY OF AMERICA, do hereby certify Thai the foregoing extracts 0f the By -Laws and of a Resolution of the Board of Directors of INS 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 INS loth day of February_ , 19 97 s-104WEP 1194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Grange on February 14, 1997 before me, Patrice Zeis. Notary Public a CATE NAMF4TITLEOFOFFICER -E_G. JMEOOV.NOTARYPUSLV personally appeared Jeffrey R. Gryde f r"-e(S) Or SWiER(5) ® personally known to me-IXrXiXd���S�(�iflC4?f�SrXico to be the personM whose namef~A Wen subscribed to the within instrument and ac- knowledged to me that he1XX9=d9 executed PATRI(E2E(S the same In hisXt W=X r authorized : s?!u 1087195 capacityo]15X ( and that by his3fWYXMr Ec� y — signature() on the Instrument the personas), or the entity upon behalf of which the person" acted, executed the instrument. WITNESS my hand and official seal. $1GN4 Af OF TARY OPTIONAL Na 5907 Though the data below Is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent reattachment Of this form. CAPACITY CLAIMED BY SIGNER ❑ MIDIVIDUAL CORPORATE OFFICER IiriEfSl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY-lN-FACT ❑ TRUSTEE(S) ❑ GLIAnDIANICIONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: RMAE OF PERSON(5) OR ENTITYpES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSWATION 0 8236 Remmet Are.. P.O.83X 7184 • Canoga Park. CA 91309-7184 H ES CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION ' U - TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: CRE ON PAYMENT ��o3 (�C ��� -2$ Mft2 'sc 5 DATE: -le A prf2 7' The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 4V111* DAN T. VILLELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. Date: "A -V1 f �r LES JON S, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: aC CONNIE BROCKWAY, qy CI rk certify that there are no outstanding invoices on file. /' Date:.. 0 q i RI C WENRICH, City Treasurer 0011042.01 07118l96 10:46 AM 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 Emplo«nent Opportunity Act of 1972 Gentlemen: The undersigned, contractor on �e -/d37 GI/f / ,2y U� f� ��r , 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 IYIc WR u DECLARATION OF SATISFACTION OF CLAIMS 1 6/fle �/ A'47 s s , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled &P 1Q� 7 l�l��i��Li� If and dated 2. All workers and persons employed, all firms suppl}ing materials, and all subcontractors for the above -mentioned project have been paid in full. iK g_&X W26T eFFjVn'OV 3. The follo«ing are either disputed claims, or items in connection %%ith Notices to Withhold, wMch 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 _. llykr &,;;:=AeH on this -day of aDZpC W , 1994�.� zzvz izue, (Signature of ontractor) gxcicashcon2 ReCoraecl in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee WHEN RECORDED MAIL TO: pp5 25©02339 25 t 9970079272 11, 24di 02/21/97 CITY OF HUNTINGTON BEACH 005 t 0023 0.00 25 0 00 0.00 0.00 0. 00 Office of the City Clerk N12 P. O. Box 190 Huntington Beach, CA 92649 NOTICE OF COMPLETION NOTICE IS HERFRY GIVEN by the City of Huntington Beach, ouster in foe, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore a%%mrded by the City Council of the City of _ Huntington Beach, California to G.M.C. Enterprises who % as the company thereon for doing the following work to -wit: Warner Avenue Street Improvements; CC-1037 That said work was completed February 3, I997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 3,1997. That upon said contract First National Surety «•as surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this I th day of February,1997. City Clerk and ex-ofiicio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified CityClerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMTLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 11th day of February,1997.. City Clerk and ex-officio CI of the City Council of LhOC City of Huntington Beach, California . g:Vottw+up�nscplgs - ,. - Thin eacv.:.ent 1s solely fcr the orficia?. )')-!r.Pnn of th City Of Vo i! ;G :..:, rs contem - G/f6II"-uplccnoc Iate:: u�.�e f. r.•."�'•E�:it Code Sec. 6103 and should to recorded free of ehargo. Tax•FxamGt Covernirteztt Agenc'I CITY OF�HUNTIf;GTON BEACH' Bye_ Dcpuiy Cit.y. Clerk.......� . - . CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK COMIE BROCKWAY CITY CLERK February 11, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope Sincerely yours, &z,;a- & eA'(7 Connie Brockway City Clerk CBrc Enclosure: Notice of Completion - CC-1037 - G.M.C. Enterprises, Inc. 1Telephone: 714-536.52271 - �AW da , �, �c� "lye mar' � CITY OF HUNTING TON BEACH cV. M TING DATE: Febuary 3,1997 DEPARTMENT ID NUMBER: PW 97-009 Council/Agency Meeting Held: �Th 7 Deferred/Continued to: Co Council Meeting Date: 0 Denied Febuary 3, 1997 City Clerk's Sign6ture Department ID Number. PW 97-009 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis / C�� PREPARED BY: LES M. JONES 11, Director of Public Works SUBJECT: Acceptance of Warner Avenue Street Improvements; CC-1037, Notice of Completion Statement or Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis nv ronmental Status, Attachment(s) Statement of Issue: G.M.C. Enterprises, has completed the Warner Avenue Reconstruction project between Beach Blvd. and "B" street; Cash Contract 1037. Recommended Action: 1. Accept the improvements of Cash Contract 1037, Wamer Avenue Reconstruction and authorize the City Clerk to file the Notice of Completion with the gount Reco r' Office. 2. Approve the total construction cost of $56,587.07 ��' na Analysis: '• On September 16, 1996, Council awarded a contract to G.M.C. Enterprises in the amount of $51,798.76. The adopted contract budget of $68,201.24 included $60,000.00 to cover the contract amount, $5,200.00 to cover anticipated change orders, and $3,001.24 for the project Supplemental Expenses. Construction of the improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. E— V 0023249.01 -2- 01123197 3:38 PM REQUEST FOR COUNCIL ACTION MEETING DATE: Febuary 3,1997 DEPARTMENT ID NUMBER: PW 97-009 Warner Avenue Reconstruction Cash Contract 1037 Page 2 The following is a summary of the project costs: Council Approved Actual Expenditures 1. Contract Amount: $60,000 $53,839.54 2. Change orders: 5,200 2,747_53t Subtotal: $65,200 $56,587.07 3. Supplemental Expenses: 3,001.24 2,697.94*" Total: $68,201.24 $59,285.01 * Three change orders were issued for the total amount of $2,747.53. One to repair traffic signal conduits, the second change order was for additional traffic control, and the third, to revise the street structural section. ** Geotechnical services were needed for soil analysis and testing. Environmental Status: Not applicable Funding Source: Sufficient City Gas Tax and Measure "M" Funds were budgeted and available in accounts E-SF-PW-896-6-32-00 and E-SX-PC-014-6-32-00. Attach ment(s]:Not applicable City Clerk's Page Number 0023249.01 -3- 0111519T 2:22 PM CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND G. M. C. ENTERPRISES FOR WARNER AVENUE REHABILITATION PROJECT (CC-1037) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 '17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY FEES 16 32 ENTIRETY 16 3,%%vamerl9,S% CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND G. M. C. ENTERPRISES FOR WARNER AVENUE REHABILITATION PROJECT (CC-1037) THIS AGREEMENT, made and entered into this 10 t h day of October , 1996, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and G. M. C. ENTERPRISES, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Warner Avenue Rehabilitation Project in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The C1TY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, inc., 3055 Overland Avenue, Los Angeles, CA 90034, and ail amendments thereto, written and promulgated by the Southern California Wwamer/9 K chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Fifty - One Thousand Seven Hundred Ninety Eight Dollars and Seventy -Six Cents ($51,798.76), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion VkMrarnerr,95WW 3 within twenty (20) working days from the day the "Notice to Proceed" is Issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 -CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 3110mmer1915195 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or Wwamer/915 s6 5 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of workinglcaiendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 3-VAemer1915M 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR Is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shalt be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (45) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. UtwamerMSW 7 0 12. DIFFERING SITE CONDITIONS (1)Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as Inherent to work of the character to be performed under this Agreement. The DPW shall promptly Investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than: or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an 91 &vamer1%SM 0 equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (5D%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to i be accompanied by a certificate signed by the DPW, affirming that the work for which I payment is demanded has been performed in accordance with the terms of the Agreement 3 and that the amount stated int. certificate is due under the terms of the Agreement. Partial i payments on the contract price shall not be considered as a acceptance of any part of the work. SWwamerl915M N • 'x 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid In full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or Indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 10 CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONSUI_TANTs covenant to indemnify CITY, CONSULTANT shall obtain and famish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: 3AcMramer/915M 11 combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANTS insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar fontr of limitation on the required coverage. 21. CERTIFIQATES.OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: 'The above detailed coverage Is not subject to any deductible or self -Insured retention, or any other form of slmilar type limitation." CONSULTANT 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 provisions for indemnification of CITY by CONSULTANT under the 3/ktWarmr,SSW 12 Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its Intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY 3rkMarmr1915M 13 CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Calilomia Govemment Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the tabor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 3VYvarr,er&1S/N 14 . . V 28. CAPTIQNS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 3lkf"mer1915196 REST OF PAGE NOT USED 15 • 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing sets forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. G. M. C. ENTERPRISES, a sole proprietorship By-._ Gennady Chizhik, sole proprietor 9//9fy6 REVIEWED-ANI)-APPRQVED: XkMarmr/915M CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS_ TO FORM: strator'" '/ f -City 'A�$�t; A7�TES , �< _ of r 1 City Cleric �- INI TED PPROVED: t Director of ubiic orks 16 L 1 ILr x ARV NATION A NSURA.4CECO.OFAME.RICA 4333 DrcoWya Averts NZ S&VAG,Q1A 98105 CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK KNOW ALL BY THESE PIfES=, Tut _ GMC_Enterprises Bond No. 5795118 IMtlai premim chirped for this bond Is S1163.00 subject to o4jintmont upon completion of contract at apptiaabte We ort final oontract prtoe. of P.O. Box 3217 Tustin CA 92781-3217 as Frincipal, and the FIRST NATIONAL INSURANCE , i F AMERICA, a carporaticn organized end existing tinder the lama of the State of Washington and authorized to trensacl surety buslneas In the Slats of Glifornia, u Surety, sre held and firmly bound unto the City of Huntington Beach succamrs and ssalgns, jointly and Severally, firmly by thane presents. THE COINDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated 09//19 '76 , with the City of Huntington Beach to do and perform thv following WON. to -wilt: Warner Avenue Rehabilitation Project, CC-1037 NOW, THEREFORE, If the abora-boundea Principal shall falthfully perform all the FrorlSioas of said Contract, thca this obligation shelf be void; ctharwLm to remaln in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be Imtltuted before the expiration of two (2) yearn from the date of substantial eompfatlan of the work to be pertormed under the Contract. Signed and stated thli 19th Clay of September ' I9 96 3-34WEs W04 GMC Enterprises R-' Principal Gennady Chiznik FIRST NATIONAL INSUYANCE COMPANY OF AMERICA By e f(eA. Gr de ttcrnoy"WEMet � �_' • , • �~`'`f. •i is t. �1..r-. �,Y. ••,i cf iw��/ 4 a PNIKTM IN tL&A. RSTTA'TiQ1A€�R"1'Y POWER of ATTORNEY FIRST NATIONAL INSURANCECO. Of AME1UCA 4333 $rooldys Averse N.E swde,WA91110S KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WAS„INGTON IIt105 NO. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ......—a —8980—JEFFREY R. GRYDE. San Clernente. California• ............................... Its true and lawful attorneys) -in -fact. with full authority to execute on behalf of the Compary fidelity and surety bonds or undertakings and other documents of a sirritar character isswd by the company In the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERlCA thereby as fully as If sLxh instrunents 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 12 t h day Of November . 19 93 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 pxrpose by the officer in charge of suety operations, shall each have Whority 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 sirNlar character issued by the eornpany in the course of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any IrWrunent 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 seat shall not be necessary 10 the validity of any such instnrent or undertaking,' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted kjy 28. 197). •tan any certificate executed by the Secretary or an assistant secretary of the Company setting W. 0) The provisions of Article V. Section 13 of the By -Laws. and Gy A copy of the power -of -attorney appointment, executed pursuant thereto, and Gil) Certifying that Said power -of -attorney appointment Is in full force and effect. the Signature of the certifying officer may be by facsrnile. and the seat of the Company may be a facsimile thereof.' L R. A. PiersorL Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby tertify that the foregoing extracts of the By -Laws and of a Resolution of the Board of erectors of this corporation and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By -Laws, the Resolution and the Power of Attorney are Still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th dy of September . 199b . S-104WEP 7194 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT State of California County of Orange On September 19, 1996 before me, Patrice Zeis, Notary Public DATE NWE. Mf OF OFFICER-E.0�•JANE DOE, NOTARY PUBLIC personally appeared Jeffrey R. Gryde NWVS) OP SIGNEAISI El personally known to me-)O�CXrXc�16i4��i`S��ir�4�rCe to be the personM whose narneM is&xX subscribed to the within instrument and ac- knowledged to me that hel%a0XWdV executed the same In his&0VVjX& authorized PATRICEZEIS capacity�KX)j and that by h!sXY*XKMr �- C;)MM.,11081195 slgnatLtre¢gy on the Instrument the person0sj, or the entity upon behalf of which the 4=42a n IV personn acted, executed the Instrument. 1.4 W1jDi77y hand and off iclat seal. spa. ATuRE OF NOTARY OPTIONAL. NA $907 Though the data below is not required by taw, It may prove valuable to persons relying on the document and could prevent fraudulent reattachrnent of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MU(SI ❑ PARTNER(s) ❑ LltrlrTED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRusTEE(s) ❑ GUARDIAwcONSt=RVATOR ❑ OTHER: SIGNER IS REPRESUMUG: k"JE OF PCAsou(S) aR CUMVES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OFiTYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THM NAMED ASOVE CW NATIONAL NOTARY ASSOCIATION • 823C R5mmet Ave., P.O. Box 7184 • Canoga Park. CA 913C9-7184 FIRST NATIONALINSURMCECD. OF AMERICA 4331BmVp Avssus 1`Z Saale.WA P11011 Bond No. 5795118 CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRFSE.YTS. That we, _GMC Enterprises and the FIRST NATIONAL INSURANCE COMPANY OF AMEECA, a carperattoa orgenizod and existing ender tba laws of the State of Wethingten and authorized to transact surety businose In the State of California, as Surety, are hold and firmly bound unto the City Of Huntington as Obliged, In tho sum of Fifty One Thousand Seven Hundred Ninety Eight and 761100 --�--w — — - - Dollars 1 98.16 for the payment whereof, well and truly to be made, aid Priacipsl and Surety bled themselves, their fairs, m9niotrat&V, succomrs and ssslgns, jointly end esayerally, firmly by these presents. THE COVI I)MON, OF THE FOREQOIXG OBLIGATION IS SUCH, That WHEREAS, the ab qWbounden Principal has entered into a ooattact, dated 6 TH day of tE'rpT��y�_G-_"IQ _ _ , 19'?& . with the obligee to do and perform the following work, to -wit: Warner Avenue Rehabilitation Project, CC-1037 NOW, THEREFORE, if the above -bounden principal or Maher subcontractors tail to pay any of the parsons named In Sactlon 3121 of the Civil Code of the State of California, or amounts due under the Unsmployrmont Insurance Code with respect to work or labor performed under the Cantraet, or any amounts required to be deducted, withheld and paid orar to the Franchise Tax Bawd from the wages of employsee of the Principal or hlolwr subcontractors purtuaat to Section 12206 of the Revsnue and Taxation Code, ulth respect to such work and labor, Surety will pap for the game, in an amount &at exceedfng the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's foe, to be fixod by the court, This bead sball Inure to the benefit of any and all persvntr, empanies or eorparatlons entitled to file claims under Seetlon 3191 of the Civil Code of the State of California, rn as to give a right of action to them or their assigns in any suit brought apoe this bond. Signed, sealed and dated this 19th No premium Is 6argad for this bond. It is executed In coanecl6ri with a hand for the perfar„ ►ante of the con tract, a-»asrfp N4 day of • September , 1996 GMC Enterprises Principal B: Gennody Chiznik FIRST NATIONAL INSURANCE COMPANY OF AMERICA By 4effr y R. aryde. At=rey 1n, - ct � }, �" fin, :'►:! �1. PLUM co 1H vAA_ r POWER OF FIRST NATIONAL INSURANCE COWANY OF ALXRICA ATTORY 4333 BROOKLYN AVE NE FIRST NATIONAL INSU RANCECO. Of AJMEJUCA SZATIiF.YrASNINCTOfa 98105 4333 Brooklyn Aitave N.& Sautle, WA 92 IDS No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint somas 0somas mass ■asonJEFFREY R. GRYDE. San Clemente. Californiam■ssmosssassssssssssssom%ssssss■ Its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the cornpary fidelity and surety bonds or undertakings and other docunents 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 insirunenis 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 121h day of November . 19 93 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: -Article V. Section 13. - FDELITY AM SURETY BONDS ... the President, any Vice President. the Secretary. and any Assistant Vice President appointed for that pwpose 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 malting or evidencing such appointment, the Signatures fnay be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the cornpany, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however. that the seat shall not be necessary to the validly 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. 11270. 'On arty Certificate executed by the Secretary or an assistant secretary of the Company setting out. 6) The provisions of Article V. Section 13 of the By -Laws, and G7 A copy of the power -of -attorney appointment, executed pursuant thereto, and 04) Cenifying that said power -of -attorney appointment is in full force and effeCL the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof l R A. Pierson. 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 Altomay are still in full force and effeCL IN WITNESS WHEREOF. I have hereunto set rmy hand and affixed the facsimile seat of said corporation this 19th day of _ _SeAtembet . 1996 S-104WEP 7/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 19, 1996 before me, Patrice Zeis, Notary Public DATE NWE.MEOFOFFICER-E.G. JANEOCE.NOTARYPUDUC' personally appeared _ Jeffrey R. Gryde r 1"tI8) OF s"ERISI^ ® personally known to me-7a8[X3rX#d��i6��C�C�d�dy�e to be the personM whose name¢ ishm subscribed to the within Instrument and ac- knowledged to me that he1WWY executed the same in h1sDtXX7 =r authorized capacity¢iJSX)� and that by WRY f.X r 7PLATPJE2EIS signatureQt) onthe Instrument the person0c), ta$1t9 or the entity upon behalf o€ which the C -- personM acted, executed the instrument. WiTN�ES jy hand and official seal. C � 5 SANREQFNOURY OPTIONAL No. 6"? Though the data below is not required by rave, It may prove valuable to persons relying on the document and could prevent frauftent reattachment ct this form. CAPACITY CLAIMED BY SIGNER 11 INDIVIDUAL ❑ CORPOF ATE OFFICER TMA(SI D PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY.W.FACT D TRUSTEE(S) ❑ OVAnDIAN1CONSERVATOn ❑ OTHER: SIGNER IS REPRESENTING: HNEOFPFRSON(S)DR> MMIES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF RAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01933 NATIONAL 140TARY ASSOCIATION • 6236 Rommel Ave P.Q. Box 7164 0 Canoga Park, CA 9130-7164 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CITY HISTORIAN Alicia M. Wentworth Retired City Clerk October 10, 1996 G.M.0 Enterprises P. O. Box 3217 Tustin, California 92681 CALIFORNIA 92648 Enclosed is a copy of the executed contract «ith 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 rior 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 v.arranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536 5441. Sincerely, 67IJ U)&davf Connie Brockway, CHIC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g'followupkuthcm Telephone: 714-59&-5404 714-942-9825 *ur.L+vr L220 L-4;05 lsLbl:$W�14I" l;Fli'w� �'PAGE 01 ACCORD CERTIFICATE:v <�IlBIL u;—TJNSURANCF., 'l:' OATEIM1ArCOrYYI ' .' 10J$1516 ..e . . .. _ . .- . - . .... :•.W .trM •e•.r SFr .. .f - CODUCER THIS.CERTiF1CATE 16 1.`'.SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COMMPRO INSURANCE SEF VICES HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 3336 BRADSHAW ROAD, SU TZ ,1:1 SACRAMENTO, CA 95827 (916) 36a-474'S SURER— •GMC ENTERPR1Sr,• P.O BOX 3217 TUSTIN , CA 92:8' COMPANIES _AF_FO_RDIN_O_ COVERAGE 1 COuraAlvr A FIRST FINANCIAL INS CO _ 1 (�' NPAIW ! C 1 CCMPAAIY ! o waxy'< ooye,x:.; ".: M�;`«x w'.'Y:F o>;<:: ea v<w,-.-ey. •':-,j"s:!<:::;'S-�'f�;�Y.:.`w;>-'�..,•w•ar'y:-,�._is;7:'.?w e:•''.:.aw-w-" • . •.n�;y . :�..e. • ::C"......r ... .; .; .•::'r:• -." .. :i; . +:; ,..-.;b.:t.tvr,.x.w:: Y.?wwiM -"+.:o:,w.....:,f.F.'*',S:�c:;.:!r^.:•:.+.x-�v:.....►.«.a-�-. ...w+,• ,• .....�.•:...f...::::::v:.::..•........w:::....:•a: :.r.: ..., Txls sB TO CLRTIFY TH1AT TU+f- •rx.,:tr': vF _Iw' 1RANCE LISTED SELONs HALVE P.FEN MSUSO TO THt WI'SUREO NEED ABOVE FOR THt POLICY Ptsoco INDICATED. NOTWITHSTANDIM . AN r+r'•jY;IAt •ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCL*A_F4T WrTH RESPECT TO WHICH THiS CERT:fiCATE MAY BE i:SUEC +' x MAY cs a Aip THE WSURANCE As*FORDEO B Y THC POLCiCS CESCRISED H£RE:N 1$ SUB.](:- r TO ALL THE TERMS. EXCLU*IONS AND CONOITION!. IF! PI J' - -% T CS. LPATS SHCWN MAY HAVE SEEN Rz: tJCEO BY PAID CLAIMS. , O{ PDLiCYErRCTiv1< POi.rcr "PRAT1CK j R f TYPE Q>' INSI:RAhCF —���.+ F(u CY NUMBER OAT$ IMMAXYM DATE (M w1: yY 1I Um(TS _~• j.p NE'ULLLIABILITY !GE EgALAG,,RE�,�TG yII S 1 000,000 02190410305 + 10-4-9Fi 10-4-97 A i X C.^,MMt!RCAL I2%&RAL _IASI. o . , ti ale•;cucTa . roMP.ca A00 I} s 1.Op0 r ; A'YS MA.72 �X x:I:L I _000 (ps ,=`A L a A_DY INJURY i 1.000,000 . I OwvrSSC0147►AC'_R'S' I 4EA,►.OrrrUgRHYCE _ 3 1,000,000 .— i I.AecAMAac cA_=►oAAliteI s� 50.000 �... _. �..�.__......._ I MF] FJCP (AAT �.OA.70^Y s 1.000 LAUTOMUSIL! LIABILITY I I COw rdC SItiCLR LIMITS ! ANY AUTO l �B r ' ALL OWNED AUTOS � 6CiRr NJURv s ' I SCHEDULED AUTOS I i cpv 0"n°"I ... _ HIRED AUTOS . 6CJILY IK.•URY s NON4VVNC0 AUTOS ` I lR! &ocldq-41 I VCK'PTLA'ry IA SO ACE ' 3 GARAGE LIABILITY _ — ~••• t A .-'7 v4tT . E_ A;.ccry - s _ ANY AUTO 1 C'1•E4 rm Ari AUTO, ONky I EXCESS LIABILITY LpmRCL:A FORM ' WGRxCR'3 CDMP[vsaT:gp ApC L'.MPLOYiRS' UABLUTT OT► LR - I L rE&CA X:VRR6+,CE s E: LACk ACC:CEr�T s ` ! EL INSTASE • —.Lry LAY 4 s EL CLS:ASG r.A FMP_CVEE S i • am - i .H-f. r• AT,. •ti.1L .�. v' z•yrlrr- : .1TY OF HUNTINGTON e AC• I_.:: = ;F S , OFFICE RS. ANO EMFLOYEcS NaM-D AS A7rJ1TPONAL IPISUREC ZC: '1NARINER AVENUE REI-All I.1;'- - � �1 t� OJEC'T , CC-1037 C1 Y OF HUNTINGr Y•, QI;+;;� PUSL;C WORKS CI:.A,;_,, P.O 13OX 190 HUNTINGTON 6F AC -• -; 6 SHOULD AMr OP ThC ABOVE OESCRI9E2 POL.C123 lfi CAKELLED ItFORG Tht MMRATIC.4 DATE TNERE3f. THE 132.01#0 COMPArrr VALL Mx4wv MAIL 3_ DAYS %vRiTTjm NOTICI TO THE CTi11T1PICATE nOLDlR µAM1;D TO ThE LEFT, AUTMCIACED REPRESENT PC �vLxt�V.- F0219G410305 i'Ki: EBOUM i MAriZ7.3 i ni KuCy Ai Egej ;v:, ti GARX.+.iLLv �z0I0;IZ'c AMMiCK 1KS€lR.�'� --MM, ni; ►_R srt r.'s�ifst w�ac:� �cvie� v::aa �. t�c�;,-�,; - CCMM T-RCtA LCMtUI L UASIU-i f G.VV-%Aa PkK i N=a d Pv= or 4rpmi - MY OF E UN TINGIW � BEACH, IV S AG M S, OFFICE RS AND EMPLO" M P.Q. BOX 190 I-IUirwmG-TC V mcH , CA 92648 RE: %fit AVENUE FZRABILTTATIQN PRG1`7 , CC-t 037 (if na t=l sc: um itcu-Irdw-,'Aft"�t mu rtd w ==M! t: is.on= t-&—t VAN �% t=wm iri t a Cscsatiana al sRiCwa w [< is enC*mwatrt.) y WHO is Aly ih sunoo a c: cm 11) Is tar.: -nd to 4x!w�sy35 sy k =njrX Za oy a crpttiz�Lc-% %rcvn ir. w s �i�.ti.7r�i • ut t My `ln rt fw t." 1ra�.111'I iftrq= W Nk we.-;, l t Y.t i�++r d y7 Q IVC �. iir `y f.•• w J L 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 upon ten days' advance written notice to the employer. We will also give you TEN 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 policies 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 may pertain, the insurance afforded by the policies described herein is subject to all theterms, exclusions and conditions of such policies. +4�e AUTHORIZED REPRESENTATIVE PRE E.>.3IkL i N�T W S LIABIL.I I Y LIMIT INCLX.TDING DEFENSE COSTS: S I.000,000.00 PI;R 0CC :'RREN'CF. TUSTI, CA 9268.1 COPY aq%. 411996 12:56 9163684750 CBS PAGE 03 DATE9/24/96m1 A0`0I:1�>P m_ 'HIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. IRODUCER - - "OH NE CAI H, 916-3.4745 65 CO�ANY r COMMPRO INSURANCE SERb ICES _ ..1.. . 13$19 3338 BRAD$HAW ROAD, SUITE 330 DATE rFFF.ClWf TIME DATE EXPIRATION TIME SACRAMENTO, CA 95827 • X X pgR5M 12.00 I PM 11f2S198 r ; NOON I THIS BINDER IS ISSUED TO EXTEHD COVERAGE IN THE ABOVE NAMED :ODE' _ _ _ -- - ISU9 CODE: •��� -_- _ - ' I COMPANY PER EXPIRING POLICY!: ;USSTOMFFt ID: _ DESCRIPTION OF OPERATIONSJVEHICL>ESIPROPERTY pntluding Loctuarl) N3URED GMC ENTERPRISES CONTRACTOR P.O. BOX 3217 TUSTIN, CA 92781 217 TYPE OF INSURANCE COVERAOEIFORMS i AMOUNT DEDUCTIBLE: COINS % PROPERTY 'CAUSES OF LOSS- _ BASrC .—BROAD— -'SPEC OCNF,F AL LtASfLITY GENERAL AGGREGATT S -COMMERCIAL GENERAL LIAS Pa00KY5 •C0Mw0P AGO !I _ CLAIMS MADE r OCCUR r[R50wAL i Aov �QwVER-S d CONTRACTOR PROT f EACH OCCURRENCE 1 A ETRO DATE FCR CLAIMS MADE Mf0 UV ww ww wm.) AU :LE LIABILITY , COrrerNEG ErwgL[ llRrrT r I ANY AUTO �T /pOIY INJURY (Per arson) I _. .. _ ALL OWNED AUTOS 6WILY INJURY (Pw saodsry) I ISCHEOULEOAUTOS 1 PROPERTYDAMAGE r ' I W HIRED AUTOS 1NEDICALPArMExTS IIJ NON4MNED AUTOS I PEl"o Z_ 71NJURr W + 1 I uNwluRr:a�laT�Isr -...� i i � 5 AUTO PHYSICAL DAMAGE pEp .ALL VEHICLES J SCHEDULED VEHICLES � ACTUAL CAsrl YA�uE . .-- _COLL1310N: _ 1 I STATED AMMWr—._% I (OTHER THAN COL- I OTHEa i. GARAGE LIABILITY ONLY .LAACCIDENT S _7ANY ALTO -A-UT0 I OTHER TM" AutO OHIL r � 1 " EACH ACCIDENT i I EXCESS LIABILITY RACH OCCURRENCE _ I I �UMDRELLAFORM AGGREGATE _ I wOTHER THAN UMBRELLA FORM RETRO DATE F CIR CLAIMS MADE 6ELF 1NIURED RETE►:TION • 5 L I tTATUTORYIwIlTZ WORKERS COMPENSATION ANDEACHACCCENT EMPLOYERS LIABILITY DISLUE-POLICYLMIT 1 1,000.000 SPECIAL CONOITIONS OTHER COVERAGES PROOF ONLY i '.09 ;r4/1996 12: 56 9163684750 CBS PAGE 04 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance Is subject to the terms, conditions ani I limitations of the policy(ies) In current use by the Company. This binder may b I cancelled by the Insured by surrender of this binder or by wrttten notice to the Company stating when tonne Ilatlon will be effective. This binder may be cancelled by the Company by notice to the Insured in accorda ice with the policy conditions. This binder is cancelled when replaced by a policy. If this binder Is not replac +d by a polky, the Company Is entitled to charge a premium for the binder according to the Rules and Rates In t se by the Company. J Applicable In California When this form is ised to provide Insurance in the amount of one million dollar (51,000,000) or more, the title of the form Is chang( d from Insurance Binder to "Cover Note'. Applicable in Delaware The mortgagee or t sbligee of any mortgage or other instrument given for the purpose of creating a Ilan on reel property shall acre rt as evidence of insurance a written binder issued by an authorized Insurer or its agent It the binder includes or Is accompanied by: the name and address of the borrower, the name and address of the lender as loss payee; a descripton of the insured real property; a provision that the binder may not be cancelled within the term of the binder unless the lender and the Insured borrower receive written notice of the cancel. lation at least ten (10) days prior to the cancellation; except In the case of a renewal of a• policy subsequent to the closing of the loan, a pail receipt of the full amount of the applicable premium, and the amount of Insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable In Nevada Any person who rwises to AcCeLot a binder which provides coverage of less Irian $1,O00,000.D0 when proof Is required. (A) Shall oe fined not more then $500.00, and (B) Is liable to the party presenting the binder as proof of insurance for actu 0 damages sustained therefrom. C• Ilk PCLIC- ?41-,MEEX. BIN1809221 TriZS �lMRS E�iT £IiAwM Ta r"GLlCY. pL: , WV iT 0jE.-, ALL` M2'110:IEE ADOMONAL INSi1RM-- MEN, L, =—S OR CON 1 R=RS TO Rim 131 - i h 4 enftrsman ncdifiies irmmca Mwide under ft WIaMng: CL-MMERCIAL GCiE.RAL LIA131UTY C VE• AGE PART SCMMIA= Mama of Psrscn or Crganidcra - C= OF MMTr4r= BEACH, IT'S AGWM F OFFICERS MD E MYMYEES - P.O. BOX 190 HUNTINGI'ON BEACH , CA 92648 RE: WARMM AVf'M P—%'=I1=TICtT PRQ7f7CP , cc-1037 (if nc "mm accem at:cn,.ir'anaticn re u'red to co Mla!: 4:i3.and=2M&ot will U ShCfvn in U a D.--aradCr,S app:imtna to tt;is endcrslmerr..l WHO IS AN INSURED (.w. tw 11) is amended to inc a as an !urges: the aerat cr arpnintc:t sttc�rn it .,s Sc.' amluie. but only with raM,-�: to liaciiiVj aesirq cut cf wymr walk!' fc- Me, insure'+ uy cr icr ycu. nUfY:•'f� r XC7ri;RL 1n=W Z9 SV4;tss 0MCf.1FC.. ISS4 1 O H �w MEElATE: September 16, 1996 DEPARTMENT ID NUMBER: PW 96-058 Council/Agency Meeting Held:- Deferred/Continued to: 14 Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign tore Council Meeting Date: September 16, 1996 Department ID Number. PW 96-058 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administer fee - PREPARED BY:,,,ALES M. JONES 11, Director of Public Works SUBJECT: Warner Avenue Rehabilitation Project, Beach B CC 1037, Award of Contract Statement of Issue, Funding Source, Recorrvnended Action. Alternative Action(s), Analysis. B Street., Attachrnent(s) Statement of Issue: On June 3, 1996, the City Council authorized a call forbids for the Warner Avenue Rehabilitation Project, CC-1037, and the project is ready for award. Funding Source: Project funds are available in the following accounts: 1) Measure "M", E-SX-PC-014-6-32-00 $45,000 2) Gas Tax fund, E-SF-PW-896-6-32-00 $15,000 Total: $60,000 The City and Caltrans have a cooperative agreement for traffic signal maintenance. Since the signal is under Caltrans jurisdiction, Caltrans is responsible for a portion of the rehabilitation which involves the traffic signal. Staff expects Caltrans to credit our traffic signal maintenance account for their share of the rehabilitation. Recommended Action: 1. Accept the low bid submitted by G.M.C. Enterprises, from Tustin, California, and authorize Mayor and City Clerk to execute an appropriate contract for the Warner Avenue Rehabilitation Project; CC-1037; for a total bid amount of $51,798.76; and e'Z-- IS 0020914.01 -2- 09104196 2:47 PM REQUEST FOR COUNCIL ACTION MEETING DATE: September 16, 1996 DEPARTMENT ID NUMBER: PW 96-058 2. Authorize the Director of Public Works to expend a total amount of $60,000 to cover the contract amount of $51,798.76, estimated construction change orders of $5,200 and supplemental expenditures of $3,001.24 for the Warner Avenge Rehabilitation Project, CC-1037. 3. Approve the carry-over of the Project Supplemental expense budget of $3,001.24 as approved with this RCA, to the Fiscal Year 1996-97. Alternative Action(s): 1. Deny award of contract to G.M.C. Enterprises and select one of the other responsive f responsible bidders. 2. Reject all bids and do not proceed with the construction. Analysis: Bids were received on August 27, 1996 and listed below: 1. G.M.C. Enterprises $51,804.00 (Corrected to $51,798.76) 2. Ruiz Engineering $54,509.30 3. All American Asphalt $54,736.60 4. Excel Paving $56,869.50 Engineer's Estimate: $48,000 A reference check revealed that the contractor is a new company and has had no city jobs. However, employees of the firm have prior pertinent experience with other firms. The contractor and subcontractors have current licenses verified with the State Contractors License Bureau, and there are no outstanding complaints lodged against the contractor with the State Contractors Licensing Board. Environmental Status: The City's Planning Department has reviewed this project and has determined it to be categorically exempt. State type: Class 1, Section No. 15301. Attachments : Location map. Construction Contract. City Clerk's Page Number I __ _:�� DK 0020914.01 -3- 09/04/96 2:54 PM PROJECT: G C baL�OL�O t�GJ r Ofn�l 9DR 7offol? off -poop CITY C= WUN T NG ; o e=Ac:4 VICINITY MAP o� �.�a_Fc wc� cs ftA /- DPuJ q1i3 yr�flcc�.a.u�.c-r/ Council/Agency Meeting Held: o %9G, Deferred/Continued to: O-Approved ❑ Conditionally Approved ❑ Denied City a k's Si"griatLge Council Meeting Date: June 3, 1996 Department ID Number. PW 96-034 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ //�� PREPARED BY: ALES M. JONES 11, Director of Public Works`�..k- SUBJECT: Cancel Gothard Street Widening Project and Approve Plans, Specifications and Call for Bids for Warner Avenue Rehabilitation, Beach Blvd. to B Street., CC 1037 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environngental Status, Statement of Issue: Staff has completed plans and specifications for an emergency project to rehabilitate the northerly half of Warner Avenue, between Beach Boulevard and B Street. Funding Source: Measure "M" funds are available in account SX-PC-014-6-32-00 for the widening of Gothard Street, south of Talbert Avenue. It is staffs recommendation to cancel this project in order to fund the Warner emergency repair project. The Engineer's estimate is $48,000. Recommended Action: 1. Cancel the Gothard Street Widening, south of Talbert Avenue. 2. Approve the plans and specifications for the Warner Avenue Rehabilitation project and authorize the Director of Public Works to solicit bids for construction. Alternative ActionL: Deny approval of the recommended action. Delay of the project could expose traffic to hazardous road conditions. !" 93 11 67 Ir« •��; : 'i.�7.: Fi'31�!IILHiH Vu333 Jlil3 03AI333V REQUEST FOR COUNCIL ACTION MEETING DATE: June 3, 1996 DEPARTMENT ID NUMBER: PW 96-034 Analysis: Due to an inadequate roadway section on the east leg of Warner Avenue at Beach Boulevard, recently traffic has pushed up and rutted the pavement. Lane changes for motorcycles have become hazardous due to the uneven pavement along the lane lines. Staff proposes to remove and reconstruct failed pavement. Existing traffic signal loops cannot be salvaged and therefore must be replaced. The project would include minor curb and gutter removal and reconstruction and signing and striping. Money for these improvements will be taken from the Gothard Street widening project at Talbert Avenue. The cancellation of this project is necessary to fund the emergency project because of budget constraints. Although Gothard is an important project that will improve traffic flow and beautify the intersection, the project has a tow priority relative to other budgeted projects and is not necessary for safety reasons, while the project at Warner and Beach is. Environmental Status: Categorically exempt. Attachment(s): Location map. City Clerk's Page Number LM,l, REE.DK 0018918.01 -2- 05128/96 11:25 AM REQUEST FOR COUNCIL ACTION MEETING DATE: June 3, 199B DEPARTMENT ID NUMBER: PW 96-034 Analysis• Due to an inadequate roadway section on the east leg of Warner Avenue at Beach Boulevard, recently traffic has pushed up and rutted the pavement. Lane changes for motorcycles have become hazardous due to the uneven pavement along the lane lines. Staff proposes to remove and reconstruct failed pavement. Existing traffic signal loops cannot be salvaged and therefore must be replaced. The project would include minor curb and gutter removal and reconstruction and signing and striping. Environmental Status: Categorically exempt. Attachment Attachment{s): Location map. City Clerk's Page Number 0018918.01 -2- 05/21196 4:40 PM PROJECT: wewomow zzvmwo G,Q�GL�IGJL OLO�??la`r�QOlv1 PURooff- ov C�CCDQ�?9 CITY OF HUNTINGTON BE!ACI4 V�CINlTY MAP MRAPTMENT OF PLIBL.10 WORKS RECEIVED ("T'! rLFRh HUNTIN(.1 .•�.if. AUG 27 2 of I ii NJ C3 C2 COPY TO: SHEILA GENEIL CC-1037 August 27, 1996 2:00 PAI Engineer's Estimate: $45,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American Asphalt 2. E & M Construction Co. $ 3. Excel Paving 16-& 9 lv %. Q 4. GMC Ente rises .Jr! e , Q 4 , O o 5. Peek Traffic Signal Control $ G. Ruiz Engineering D o 7. Stendahl Enterprises, Inc. 8. 5 9. 10. 11. 12. 1 a. 114. S 19898 NOTICE INVITING SEALED BIDS for CC-1037 Warner Avenue Rehabilitation Project Beach Blvd. to B Street Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Nfain Street, Huntington Beach, California, until the hour of 2:00 PAI on Tuesday, August 27, 1996, at which time bids will be opened publicly and read aloud in the Council Chambers for the Warner Avenue Rehabilitation Project located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting Thursday, August 8, 1996 at City Hall, Department of Public Works upon receipt of a non-refundable fee of S20.00, if picked up or S25.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are, taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 3rd of June_ 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 01))9023.01 TO: STACKD From: Doug Kato Cc: TAITEL BCC: Subject: BEACH/WARNER EAST LEG RECONSTRUCTION Attachment: Date: 8/27/96 4:32 PM PER REE: PLEASE ASK LJT TO PREPARE AN RCA FOR AWARD FOR THE 9116196 COUNCIL MEETING. FUNDING SOURCE: $45 K FROM MEASURE "M" SX-PC-014-6-32-00 (?); MISCELLANEOUS GAS TAX FOR THE $15K (?) OVER BUDGET. NO TEMPORARY ALTERNATE IS NECESSARY. CAN YOU PREPARE IT BY 8/30/96? ��� ,�I✓tip"" .��sz , -�' CAN C�'�/.t� 0 mc MUM% • General Engineering and Building Contractor Lia-0533538 LETT£R OF TRANSAE17TAL TO: �i/1'-•% J /• DATE: 7 p JOB NO: - - - RE: • ATTN: ��T/L�/ ✓� inn WE ARE FORWARDING; BY FIRST CLASS MAIL ! _FEDERAL EXPRESS BY MESSENGER �IN PERSON . FAX THIS MATERIAI.IS SENT: FOR YOUR DWORMATION FOR YOUR APPROVAL FOR YOUR ACTION rPER YOUR REQUEST ,. FOR REVYEW AND COMMENTS ,FOR YOUR SIGNATURE NO_ F COPPiES DESCRUMON ZA �= GENERAL REMARKS: COPIES TO; BY: P.O. Box 3217 Tustin, CA 82781-3217 Phonef ax * (714) 508-0345 t DOPY TO: Received By SHEILA GENEIL Dated CC-103 7 August 27, 1996 2:00 PM Engineer's Estimate: $45,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT �� 1. All American Asphalt 2. E & M Construction Co. 3. Excel Paving PG 4. GMC Enterprises 5. Peek Traffic Signal Control G. Ruiz Engineering 17. Stendahl Ente rises Inc. 8. 9. 10. 11. 12. M. 14. 19898 SAFEC0 O BID BOND Conforms wlth The American Institute of Architects, A.1.A. Document No. A-710 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE. SAFECO PLAZA SEATTLE. wAS►+INCTON 08195 BOND NO. 562 73 59 KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEEN PEERCEERT OF THE TOTAL BID IN ------------------------- ----- ------ Dollars (S 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for WARNER AVENUE REHABILITATION PROJECT BEACH BLVD TO "l3" STREET, PROJECT NO. 1037 NOW, THEREFORE, it the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penally hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seated this 21st BID DATE: AUGUST 27 1996 17-8030 S-SVEP 10190 day of AUGUST .19 96 . Witness Witness ALL AMERICAN ASPHALT (Sul) Principal BY:- ��� —� Title SAFE R ANY OF AMERICA e0Th M. BROXN Attorney -in -Fact t] Registered trademark of SAFECO Corporatioru PRINTED IN U.S.A. POWER OF ATTORNEY SAFEMO KNOW ALL BY THESE PRESENTS. SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGION eataS No. _ 9184 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does Hereby appoint ■8900598NNNNNO822ON88OWEN M. BROWN. Anaheim, CallfOfnla+eerrs�ee>tarer�araeeeNreaaesaeeee>,rsrar Its true and lawful attorney(s)-in-fact. with full authority to execute on behalf Of the company fidenty and Surety bonds or undertakings and other documents of a similar character Issued by the company In the course of Its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as If such insirunents had been duty executed by its regularly erected officers at its Horne office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4 t h CERTIFICATE day of ,January _ _ . 19 g__- Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FDELrrY 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 docurments 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 seat. or a facsimile thereof. may be impressed or affixed or In any other manner reproduced; provided. however. that the seal shall not be necessary to the validity of any such instrument or Undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. `an any certificate executed by the Secretary or an assistant secretary of the Cornpany setting out. W The provisions of Article V. Section 13 of the By -Laws. and (ii) A copy of the power -of -all orney appointment, executed pursuant thereto. and OR) Certifying that Said power-of-atlorney appointment is In full force and vf;ect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof., I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporatioix and of a Power of Attorney Issued pursuant lherelo. 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 Sol my hand and affixed the facsimile seal of said corporation 21st AUGUST 96 this day of . 19 S-130WEP V93 0 Registered trademark of SAFECO Corporation. :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ', ---------------------- State of CALIF ITA County of RIVERSIDE PATRICIAM. 0ORMADO, NOTARY PLTMIC On - before me, — , GATE NAME. TITLE OF OFFiGER , E.G., :JANE DOE, NOTARY PVBLC personally appeared ROD= BRADLEY NAME(S) OF SIGNER(S) ?0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their PAT;XAM,CORONMDO signature(s) on the instrument the person(s), 0f'+tl� COWPLat — Cafartlo or the entity upon behalf of which the �r*v go tav aids CMF#f person(s) acted, executed the instrument. W Corm EJtpkw Jtn 22 � WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not recure the Notary to fitl In the data below, doing so may prove Invaluable Io persons relykrg on the document. INDIVIDUAL X0 CORPORATE OFFICER(S) VICE PRESIDENT TTTLE(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) t] GUARDIANICONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTTTY(1E5) ALL AMEPJCAN ASPHALT OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT-„ ZA THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, � It could prevent fraudulent reattachment of this form. SIGNERS) OTHER THAN NAMED ABOVE �Wnset.a`�S . e _ ve C1992 NATIONAL NOTARY ASSOCIATION - 823e Rernmet Ave.. P.O. Box 7184 - C noga Park, CA 91309-7184 PURPOSEACKNOWLEDGMENT Plate of CALIFORINTA CLAIMEDrCAPACITY BY SIGNER ANGE ! gy of • ' ■ E1NW�IDVAL )n.• 8-21-96 before m. BARBARA J. BEh'DtiR,.,—ir'07'ARY PUBLIC DAn wwE.IITLE TF OFF CIR0%.NOTAAY F`VS6 • Personalty.appeared OWEN M. BROWN .S personalty known to me - !.. BARBARA J. BENDER h COMM. 01097138 y k oORANGE COUNTY IAr4 COKK EXP. JUL 13.1000 to be the person(e) whose name* is.5e= subscribed to the within Instrument and acknowledged to nets that he/ executed the sszme' In his/t)60bbA& authorized capaci.y xx), and that by histtXK9,,Wr signaturefX) bn the instrument the person(s), or the entity, upon behalf of whichAe personal acted, executed the A OFFICERS) ❑ PARTNER(S) [] UMITED ❑ GENERAL IM ATTORNEY4N•FACT ❑ TRUSTEE(S) [] GUARDIAWCONSERVATOR Q OTHER; SIGNER IS REPRESENTING: NAMI of "AioN(T1 on tNTmr41ts) -SAYZCQ INSURANCR COYPA" OF MRICA AT7EKr10N NOTARY. Alftvgh rq inioRnnon Ifqufs1o4 Wow is OPTIONAL, it 0000;19v"l k•;RviMi s"unmfMI of "us cfn-FOuif 10 46P% JnivRWRf4 oox,n+00%. THIS CERTIFICATE Title or Type of Document s7o BOND _ MUST BE ATTACHED , Number of Pa; es Date of Document 8-21-96, BIDS 8-27-96 10THE DOCUMENT OE CRIBED AT RIGHT; Signer(s) Other than'Named Above ALL AMERICAN ASPHALT 5 CrIK2 NATIONAL NOTARY ASSCCiATiON 023E RimmftAvo., P.O. Bog 7104 •Cinoyi PirK, CA 913D4.719- 1 FIRST NATIONAL IINSUMNCACO.OF 33313rool lyn A"ous >1E 3"1&' WA 9 tt03 BID BOND KNOW ALL BY THESE PRESENTS. That we. GMC Enterprises of P.O. Box 3217, Tustin, CA 92681-3217 (harelaaftw called the Principe!), as Pri=ipd. and FIRST NA IMMI: INSUItANCE CO. OF IERICA, o tt , Washington, a carporetion duty orgLoitad Under the laws of tha State of Wsshington as Darety, berelnsfuer called the Surety, are held mad firmly bound unto the City of Huntington Beach thereinafter called the 0611ga) La the penal sum of -- Teri Percent of the Total Amount Bid 10%---------- ) for the payment of Which the Principal and the Surety bind therudlvss, their he , executors, sdmmrstratmv. succvsoors and assleas. Jointly and sororalIy, firmly by the" Preaoats. THE CONDITION OF THIS OBLIGATION IS SUCH, That Wheroes, the Principal has submitted or it about to submit a proposal to the Obllgea on a contract for Warner Avenue Rehabilitation NOW. TREREFORF, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, tutor into the rontrsct in writing, and give bond, if bond Is required, with surety acceptable to the Obligee for the faithful psrfarnmes of the said Contract, tbea this oblil3tion shall be cold; otborwiso to remain In lull force and elfecl. Signed and sealed thu 26th nay of S-uotTP 71" August , IgS6, GMC Enterprises (SKL) Mocipal Title FIM NATIONAL INSURANCE COMPANY OF AMFMCA By ��/fir✓� Yet _ _,_���. /J61frdy R. a Atunney'i act {t Y POWER OF FIRST kATIONAL INSURANCE COWANY OF AWRICA R4733 SRooYN AVE NE FIRs�rNATIONALINSURANCECO.'OfAMERICA A�OR� KLSfATTLf.wASHINcroN oR1o5 433311tooidyn Atrenue N.E Seat,fe,WA 91105 No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ■■■■■ee■■e■■■a■■■■■eJEFFREY R. GRYDE. San Clemente. California■■■■■■■■■■■•■ea■■.■.■■rare■a■..■ its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of Its business. attd to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such instrunenis 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 INS 12 t h day of November 11993 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 aWhority to execute on behalf of the company fidelity and Surety bonds and other documents of similar character Issued by the cornpany in the Corse of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On ary 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 Jkdy 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 0) The provisions of Article V. Section 13 of the By -Laws, and Oil 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 facsirile. and the seal of the Cortnpany may be a facsimile thereof," L R. A. Pierson. 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 INS corporation. and of a Power of Attorney issued pursuant thereto. are trap and correct. and that both the By -Laws. the Resolution and the Power of Attorney are stiff in fulf force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day of August 3-104WEP 7f2e 96 19 .. re -} CALiFORNIA ALL•PURPQSIE ACKNOWLEDGMENT NA6907 State of California County of Orange On August 26,1996 DATE before me, Patrice Zeis, Notary Public kA t''. TITLE OF OFFICER • E.G,'JAME DOE, NOTARY PUBW personally appeared Jeffrey R. Gryde t"EIS)Of SIGNENSI , ® personally known to me to be the personM whose namefM isbE i subscribed to the within instrument and ac- knowledged to me that hejXK&X y execrated the same in hisAtXtIUM authorized capacity XXA and that by hisXWXKMr PATRICE 2ES signatureo) on the Instrument the personas), Ch COMM.11087195 or the entity upon behalf of which the a Nnjlpb �' personM acted, executed the Instrument. WITNESS my hand and official seal. $l3 ATURE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent f►audutent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MUM ❑ PARTNER(S) ❑ urArrED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATon ❑ OTHER: SIG11ER IS REPRESEtTrING: MQAE cf P"SOrHs►oR EN ay(IE5) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNEn(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 2236 Rerrvnet Ave., P.o. Bon 7184 • Cwv)p Park, CA 91309`7144 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, RUIZ ENGINEERING COMPANY (hereinafter called the Principal), as Principal. and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of malting, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA CITY OF HUNTINGTON BEACH as Surety, are held and firmly bound unto (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID --------------- Dollars (S 10% OF BID------- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and cur heirs and each of our successors and assigns, jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal fcr the "WARMER AVENUE REHABILITATION, #1037" in accordance with the plans and specifications filed in the office of the obligee and Under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 22ND clay of AUGUST 19 96 RUIZ ENGINEERING COMPANY By, NASI N T �TWNAV ANCE COMPANY By r MICHAEZ A. QUIGLq Attorney —in —Fact STATE OF CALIFORNIA SS. COUNTY OF ORANGE On AUGUST 22, 1996 , before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICSAEL A. QUIGLEY personally known to me (or proved to me on the basis of sansiactory evi ence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Co J / ►�� OPTIONAL WA 017ANGE C:.U'a7Y CC Mr Comm E■Pes vi►, 79. TiFi I� This arra far Official Notarial Seal Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fort. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nnE{sl ❑ PARTNEFI(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEWN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONISI OR ENnTYpESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE """' N" " r�I.l,-1'Ill1 C[Z'►i::tt^ICN(�LVi !')CEMENT a WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY OW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the Fs of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY true and lawful attorney(s)•in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, ognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or mitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, ill be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the ne has been duly executed and acknowledged by its President and its principal office. s Power of Attorney shall be limited in amount to $2,000.000.00 for any single obligation. s Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978, July 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President. Vice President, Assistant Secretary, Treasurer and Secretary. and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. TESTIMONY WHEREOZ. 4b w".1.�Ner, hi ton International Insurance Company has caused this instrument to be signed and its corporate I to be affixed b�i�this 2nd day of November, 1994. „ I�A � PASHINGTON INTERNATIONAL INSURANCE COMPANY CORPORATE SE L Cj P� i%ARIZO«R ����� Villiarn D. Sterrett, Chairman of the Board �aa� 114tess oleo �` WE OF ILLINOIS1%,,j LINTY OF COOK) this 2nd day of November, 1994, before me came the individual who executed the preceding Instrument, to me personally know, and, -ig by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; t the seal affixed to said instrument is the Corporate Seal of said Company; TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFItIAI. SEAL" n� _ cniSTME ZARETSKY �1 ri-tary Fu:Et. State ci Ilfno:s6istine Zaretsky, ota Public Mr C:n+n•ti en Erp:ras 10.7.96 My Commiaa'on E� iras tabor 7 1 996 ITI WE OF ILLINOIS) LINTY OF COOK) ie undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY t the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III. tion 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now orce. ied and sealed in the County of Cook2Daled he22NDday of AUGUST 19 96 Lewis M. Moeller, Secretary CHUBB GROUP OF INSURANCE COMPANIES C: iitU lr3 tS ��i I-.In�ll l�:lin ,'Ir':': I;•1:1�1. �' f 1 {�.. V,e', 17; I1 u'l i, ��i'�'e ,I�•1^r., I1 �IH�i ili��, Bond No. That we, BID BOND FEDERAL INSURANCE COMPANY Amount S Know All Men By These Presents, PALP Inc. dba Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren. New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we. the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 22nd day of August A. D. nineteen hundred and 96 WHEREAS, the Principal has submitted a bid. dated August 27 1 19 96 for Warner Avenue Rehabilitation Project (1037) NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a contract with the Obligee In accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be In excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. PALP Inc. dba Excel Pavinz Comva /► Principal By. •f FEDERAL INSURANCE COMPANY By: Douglas A. Rapp Attorney in Fact PRIWED Fam 15-Q2-0W2JRev 4-9M u-19394 (1Su) urn ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange 8/22/96 On before me, Christine M. Rapp, Notary public, Date Name. Title of at7icer- e.g. "lane floe. Notary Public" personally appeared Names(s) ofSigner(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument And acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHMSTINE M. RAPP COmm.11102778 !- NOTARY PUBLIC-CALIFORNIA yl �y \ Ortnpe County • / l ! 1 7 "�1=� r bx Comm.11011 hh 9. 2000 Signature of Notary f k J/ ! f ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE it1UST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ics) —Partner(s) _-__Attorney-in-Fact _Other POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California--------------------------------------------------------------------- each Its true and lawful Attorney -in -Fact to execute under such designation In its name and to affix Its corporate seal to and deliver for and on its behalf as surety thereon or otherwise. bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding In any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified Iri such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof. Including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other Indemnity bonds under the taws, ordinances or regulations of any State, City. Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Last Instrument bonds; lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs. Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids. proposals or contracts. In Witness Whereaf, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Lirws, caused these presents to be signed by Its Vice President and Assistant Secretary and Its corporate seal to be hereto affixed this 10th day of • March 1994 Corporate Seal �rrtl!�rr ' Kenneth C. Wendel Assistant S*crstary STATE OF NEW JERSEY ss County of Somerset FEDERAL INSURANCE COMPANY BY A CLUiLti'� � -- Gerardo G. Mauriz Vice President On this 10th day of March 19 94 . before me personally came Kenneth C. Wendel tome known and by -me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swam, did depose and say that he is Assistant Secretary of FEDERAL_ INSURANCE COMPANY and knows the corporate seal thereof; that the seat affixed to the foregoing Power of Attorney Is such corporate seat and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is In the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal eq r w Pt'M� 4 Acknowledged and Sworn to before me on the date ab written. r11 t J Notary Public r A. �vow� Psttic. Seta or?hv rag"r Mo. 20 X5.520 1oA &tire; .' U19.; 2. 1 " 4 Form 1S*4)134 (Aw IC4M GENERAL PAW= Wss627 (scot uF r State of CALIFORNiA County of LOS ANGELES On '�( - 9 before me,Celeste A. Graham, Notary Publi MATE) INAPAUTITLE OF OFFICER+.s.'JANE DOE. NOTARY MUCI personally appeared Palp Inc. DBA Excel Paving Company 01AMEISI OF SIGNEfaU by C.P. Brown President Bi personally known to me -OR- 0 CELESTE A. GRAHAM r �'� COMM. V 992999 P (R ''�"` :}' K NotoTti VuhliC: [,D1ilDrrllO � ,I` "u?;� LOS At4CALES COUr�Ty M�j iyQS7hAISSIOfi EXPIRES ]t]LY 30. 1997 (SEAL) 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 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seas. ATTENTION NOTARY The information requested below and in the Column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of ?&p$ Date of Ooeument DESCRIBED AT RIGHT: Sipnar(sl Other Than Nomad Above RIGHT THUMBPRINT IOptionel) sr G CAPACITY CLAIMED BY SIGNERIS) OINDFVtDUAL(S) OCORPORATE OFFICERISI (ri ♦Ip OPARTNER(SI OUMITED ❑GENERAL QATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERVATOR E70THEA: SIGNER IS REPRESENTNNG: (Name of Parson(a) or Entity(iaa) RIGHT THUMBPRINT 10ptions?) a CAPACITY CLAIMED BY SIGNERIS) OINDW OUAL(SI OCORPORATE OFFICEA(SI mncst ❑PARTNERIS) E]LIMITED ❑GENERAL EIATTORNEY IN FACT OTRVSTEEIS) OGUARWANICONSERVATOR 00THER: SIGNER IS REPRESENTING: IName of Personle) or Entity(ies) WOLCOTTS FORM 87240 Rev. 3•94 laka clue 8•2AI 01994 WOLCOTTS FORMS. INC. i ALL VIL"OSE ACKNOWLEDGMENT ►MTh SIGNER CAPACITYIREPRESENTATIONRYvO FiNGERMNTS J r G'.�1� �.✓rErz,�cis�.s Tsrss►�� �9- �Z7e/ 6:15NN4;C7Y SECTION C PROPOSAL for the WARNER AVENUE REHABILITATIONI PROJECT from BEACH BOULEVARD TO B STREET CASH CONTRACT No. CASH CONTRACT 1037 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 wrath 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 20 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 undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ 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 Sign alu re C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price .. , ; .- rten e No. Quamti . : written in words Unit Price : `: Amount 1 i MOBILIZATION L.S. r-brUCTk�OKLAt.7� CxY.Au1.4u54> (3a S�rGtss`J �aul�- Dollars S— S -, cents Per L.S. 2 590 EXCAVATION C.Y. C M61 ewrk 1.0 03 Dollars S 213g S /Z� -ry Cents Per C.Y. 3 1 REMOVE MISCELLANEOUS CONCRETE L.S. @T&kAu►p-Aa> Sr—'_iC Dollars S Zsy" S ZSo •� Cents Per L.S. 4 1263 STABILIZATION FABRIC SQ. YD. @ 0 � Dollars S 0-7 S / SCsyaN Cents Per 5 . YD. - 5 860 CONSTRUCT AGGREGATE BASE TON �1.05' .[ C �!- Dollars S FI Cents Per TON 6 287 CONSTRUCT 0.35' AC. SURFACE COURSE TON C Fit/ -TaV C— Dollars S 4%59B S 1�17 97" Nt�v Ei 4 A Cents "• • __ .__ Per TON �� 7 1 EA. ADJUST RATER VALVE TO GRADE F SGty� Dollars S /S% — S I S 7 C Q_ E.L,-/ Cents Per EA. 8 3 ADJUST DRAIN BOX TO GRADE EA. C01�I."AWJVt> F%&U O6AZ Dollars S 133 ` S Z Z'y "r4gmtt -rAae-G Cents Per EA. 9 1 SANDNG L.S. t1 r1 (o Ear/'tNRCT_' Dollars S Cents Per L.S. 10 15 INSTALL TRAFFIC LOOPS EA, to Dollars S 19g -- S Z`% 74 ~' 7� Cents Per EA. GIs PROJECT BID SCHEDULE Item Estimated : Item with unit price ztenJed No.. Quantity written in words Unit Price - -Amount 11 1 SIGNING AND STRIPING (Beach Blvd. to B Street) L.S. nd 0 -CAO VSAn-w%,► 0 OZ t'1 K P6.0 M X > Z_ %r �' S @ hit nJti! Fiy G Dollars STD S Cents Per L.S. 12 1 TRAFFIC CONTROL PLAN L.S. llars S 9 S Cents Per L.S. 13 1 TRAFFIC CONTROL L.S. liars S , r� �- S 3 Cents Per L.S. 1s @ Dollars S S Cents Per C zs LIST OF SUBCOWRACTORS 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 ajSubrontractor State License Number . . Class c3z. -77-2.6 S4o--4 M I it ZS72- c 10 ac.Q QAVYA {7s,�N At,A +t-. s�7`lb�i Grz 9 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. II C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange GENNADY CfiIZHIK , being first duly sworn, deposes and says that he or she is PRRSTD=- of aic F:NTrRPRISFS 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, subrnitted 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_ GIC EV'!'ERPRISES Name of Bidder Signature of Bidder GURMY CIIIZITIK P. O. BOX 3217, TUSTIN, CA 92781-3217 Address of Bidder .`.0 Subscribed and sworn to before me this 1? day of , 199 . NOTARY PUBLIC C4 r Shirlcy Clinton OM'r.'t�� cu-IM.910=15 ^ t NOTARY M:LIC • CALIFORNIAN' r� �- CRP,:wc'GCl.tlTY I} Z�'}f Comm.ExpirasJan.3.i999 i NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WARNER AVENUE REHABILITATION PROJECT, (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 9, California Administrative Code, Section 2700, as follows: "Qualified Person: A person uho, 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:. AUGUST 19, 1996 G IC EN'--.RPRISES Contractor ya �hZC4__ By GENNADY CEIIZHIK PRESIDENT Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XE3 No If the answer is yes, explain the circumstances in the space provided. I Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-G COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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: AUGUST 19, 1996 GIC ENTERPRISES Contractor By GENNADY CHIZHIK PRESIDENT Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORIIIATION BIDDER certifies that the following information is true and correct: GIC ENTERPRISES Bidder Name P. O. BOX 3217 Business Address TUSTIN CA 92781-3217 City, State Zip 714 508-0345 Telephone Number 633538 CTASS State Contractor's License No. and Class DECE MER 14, 1991 Original Date Issued APRIL 30, 1998 Expiration Date T The work site was inspected by GENNADY CHIZFIIK of our office on 8-19-96 _ 199. The following are persons, firms, and corporations ha-*ing a principal interest in this proposal: GENNADY CHIZHIK, PRESIDENT CHUCK GILLESPIE, EXECUTIVE VICE PRES. G1,1C ENTERPRISES GMC ENTERPRISES C-9 Y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, fiianciaiiy or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GIC ENTERPRISES Company Name AA�� Signature of Bidder GMNADY CIIIZHIK G12 VMY CHIZHIK Printed or Typed Signature Subscribed and sworn to before me this day of , I99 46 t Shirley Clinton Cocn. u�at2ot5 {, ^^ f�OTA;,'! FUEL1C - CALIFORNIA"' Comm. Cs;)irosJan. 3. t9g9 �+ NOTARY PUBLIC l ` 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: I. rwn/ ol- If,41,4 . Pry&iG WMC-5 �9 Name and Address of Public Agency !O/ 4", Name and Telephone No. of Project Manager: elCr p � �% ODo O d C� �LV, -Zfs r /X ZZ.l Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: ram! / 0J J �iPi�f O�s�tN Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: -7%74?;- Contract Amount Type of Work Date Completed C to Gmc ENTERPRISES P. 0. BOX -.,3217., CAI.,92781-3217 -.IiJSTIN, IWITM SEALED 13ID WOB llu I'MW-.R AVLME REHABILITATION PROJECT IN 711D CITY Or IONTINGTON BEACH DO NOT OPEN WIT11 REGULAR tIAI L* * * * * * * * * * * . v ,,r,o V 4 •J. fen, City of Huntington Beach taij Public Works Department 2000 Main Street, P.Q. Box 190 Huntington Beach, CA 92648 ENGINEER'S Project Name: WARNER AVENUE REHABILITATION Cash Contract # : 1037 ESTIMATE Item No. I Description Contract Quantit Unit Unit Price Amount 1 MOBILIZATION i L.S. $2,000.00 $2,000.00 2 EXCAVATION 590 C.Y. $18.50 $10,915.00 3 REMOVE MISCELLANEOUS CONCRETE 1 L.S. $1.000.00 $1,000.00 4 STABILIZATION FABRIC 1263 So. YD. $0.75 $947.25 5 CONSTRUCT 1.05' AGGREGATE BASE 860 TON $13.50 $11.610.00 6 CONSTRUCT 0,35' A.C. SURFACE COURSE 287 TON $37.00 $10.619.00 7 ADJUST WATER VALVE TO GRADE 1 EA. $225.00 $225.D0 8 ADJUST DRAIN BOX TO GRADE 3 EA. $250.00 $750.DD 9 SAND BLASTING 1 L.S. E600.00 $600.00 10 INSTALL TRAFFIC LOOPS _ _ _ SIGNING AND STRIPING (Beach Blvd. to B Street) TRAFFIC CONTROL PLAN _ TRAFFIC CONTROL --- 15 EA. L.S. L.s. _ L.S. - — $200.00 $1,000.00 S1,5oo.00 $1ISM-00 - — --- $3,000.00 11 1 _ 1 1 _ $1,000.Do _$1.500.00 $1,500.00 - 12 13 14 15 16- - - 17 18 ....... 19 20 21 22 23 24 25 Engineers Estimate (subtotal): Retainer (10% of Engineers Estimate): Msicellaneous construction costs (if applicable): Engineer's Estimate Total: $45,ss6.25 $4,566.63 $50,232.88 Page 1 • City of Huntington Beach Project Name: WARNER AVENUE REHABILITATION Public Works Department J �~ Bid Opening: August 27,1996 Q 2:00 PM 2000 Main Street, P.O. Box 190 Engineers Estimate: sa.6s6.2s Huntington Beach, CA 92648 Cash Contract #: 1037 BID SUMMARY Engineers Estimate Bidder 1 Unit Price Amount GMC Enterprises Bidder 2 Unit Price Amount Ruiz Engineering Co. Bidder 3 Unit { Price I Amount AJJ American Asphalt Bidder 4 Unit i Price f Amount $2.000 00 $2.000.00 $4.675.00 $4.675.00 380000 $800.00 $2,200.00 $2.200.00 $18.50 $10.915.00 421.39 312.620.10 $19.50 s11,505o0 $2000 $11.800.o0 St,000.00 S1,00000 $250.00 $25000 S75O00 s7S000 $700,00 $700.00 S8.7S S94715 SUD7 31.351.41 S1.95 32,46245 $1.20 $1.515,6 $1350 $11,610.00 $10.15 $8.72900 $17.50 $15,050,00 $18.00 s15,480.00 S37.00 $10,619.00 3a5.98 S13.196.26 $43.35 $12,441.45 $43.00 $12.341.00 $225.00 S225.00 S157.00 WS-00 $550.00 $550.00 $250.00 $750.00 _S157.00 3141.33 $423,99 _$375.00 $275O0 $825.00 S50000 S1S00.00 $600.00 $600,00 $1.183.00 $1.193.00 S1,5o0,o0 $1,5o0.00 $1.200.DO $1,200.00 S200.00 $3,000.00 $198.00 $2.970.00 $23500 53,525.00 $220.00 $3.300.00 S1,000.00 $1,00000 $2.195.00 S2.19500 $2.000.00 $2.000.00 $2.200.00 $2.200.00 $1,500.00 $1,SW oo S935.00 $935 00 $725 00 i-725.00 3850 00 $WO.00 31,500Ao 51,500.00 $3.113.00 $3.113,00 $2.750 00 $2,750 00 31,100.00 $1.100.00 30.0o $0,00 40.00 $0 00 $0.00 $0 00 $0.00 $0.00 $0.00 40.00 $0.00 $0,00 SO.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.30 $0,00 $0.00 s0.D0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 so 0O $0.00 $0.00 $0.00 $0.00 Sn.00 sn.00 $0.00 $0.00 sa.00 $0 00 $0.0o SOW $0,00 $0.00 $0.00 $0.00 $0 00 $0.00 SO.DO $0.00 $0,00 SOW $0.00 $0.00 s000 s0.00 $0.00 $0.00 $0.00 $0.00 $3 00 50.00 1 $0 00 $0 00 so 00 So.00 $0.00 $0.00 $0.00 So o0 $0 00 $0.00 6000 Woo Sa.00 WOO s000 $0.00 $0.00 $000 W.90 $0.00 i0 0o $0.00 $0.00 $3.00 $0.00 $0 001 SO" 30.00 s0-22 so.00 $0 00 so.00 sc oo so 0o so 00 545,666 25 $51,70 7s s54,S09 30 $54,736 60 0020193.01 Project Name: WARNER AVENUE REHABILITATION Bid Openning: August 27, 1998 ® 2.00 PM Engineer's Estimate: $45.666.25 Cash Contract # : 1037 • City of Huntington Beach department Public Works 2000 Main Street, P.O. Box i90 Huntington Beach, CA 92648 BID SUMMARY Excel Paying Co. Bidder 5 Unit ` Price • I Amount ompany d Bidder 6 Unit' Price Amount Company 7 Bidder 7 Unit Prica Amount Company d Bidder 6 Unit Price Amount 34.400.00 $4.400,00 $0.00 $0.00 $0001 $000 $0,00 $0.00 $23.00 $13.57000 $0,00 $0.00 $000 0 $000 $0.00 $0.00 $1.18000 $1,18000 60,o0 $000 $000 ! $000 $000 $0.00 $1.30 $1.641.90 $0.00 3000 $0001 So 00 3000 $0.00 $12 60 310.836.00 $0.00 $0.00 $000' $0.00 $0.00 $0.00 3".60 $13.431.60 $0.00 $0.00 $000 ' $0,00 $000 MOD 3220.00 3220.00 $0.00 $000 so oo • $O 00 $000 $0.00 S330,00 $MOO 30.00 30.00 $0,001 $0.00 $000 $0.00 S1,200.00 $1.200,00 $0,00 $0,00 $0001 30.00 50,00 $0.00 $200 00 $3.000.00 So.00 $0,00 $0001 50.00 $000 $0.00 $2.200.00 $2.200OD $0.00 $0,00 $0001 $0.00 $0,00 $0.00 $1,100.00 S1,100.00 $0.00 $0.00 soon, $000 50.00 $0.00 $3.10000 53,100.00 30.00 $0.00 $0.00, 30.00 S0.00 $0.00 $0.00 $000 S0,o0 $0,00 $0.00, $000 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 • $0.00 30.00 $0.00 $0.00 $0.00 $0.00 So 00 $000, $0,00 S0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.001 $0,00 $000 $0.00 30.00 $000 $0.00 $0.00 $0.00 1 $000 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 40.001 $0.00 $0.00 10,00 $0.00 $0.00 $0.00 $0.00 $0.001 30.00 $0.00 $0.00 $O 00 $0.00 $0.00 SO.00 $0.00 1 $0.00 30.00 $0.00 $000 $0.00 $0,00 $0.00 30.0011 $0.00 P00 $0.00 30.00 SOW $0.00 30.00 $0001 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 30.00 SOAO ! $000 $0,00 $0.00 $0.00 $000 $0,00 SO 00 SO 00 1 4000 $000 $0.00 356, 669 SO SO 00 s0 00 So oo 0020193.01 .............. .. . .. . •y.` rr. „YrW W. (MMIDD/YY) T. Y. ----- - - 'NE 1:� 11-111 9/2 PR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COMMPRO INSURANCE SERVICES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3336 BRADSHAW ROAD, SUITE 330 SACRAMENTO, CA 95827 ALTER THE COVERAGE AFFQRDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE -, COMPANYCREDIT GENERAL INS CO A INSURED GMC ENTERPRISES P.O. BOX 3217 COMPANY B COMPANY TUSTIN, CA 92781 C COMPANY D . . . . . . . . . . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDONY) POLICY EXPIRATION DATE (MWDD(YY) I LIMITS GENERAL LJABILITY BIN1809221 9-19-96 9-19-97 GENERAL AGGREGATE $ 1.900, 000 X PRODUCTS - COMP/OP AGG 1; 1 000000 A COMMERCIAL GENERAL LIABILITY _1 CLAIMS MADE OCCUR J PERSONAL & ADV INJURY $ 1 000,000 OWNER'S & CONTRACTOR'S PROT X EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 50,000 MED EXP (Anyone person) $ 500 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY (Per accident) J $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ -EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND IWCCR LIMITS OER EL EACH ACCIDENT $ EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ PARTNERSIEXECUTIVE EL DISEASE - GA EMPLOYEE $ OFFICERS ARE: EXCL OTHER N OF OPERATIORMMATIONSiVEHICLES[Spr:ciAL ITffWS_ CITY OF HUNTINGTON BEACH, IT'S AGENTS, OFFICERS, AND EMPLOYEES NAMED AS ADDITIONAL INSURED RE: WARNER AVENUE REHABILITATION PROJECT, CC-1 037 ix, i:,, 9_0 "M 0 NOW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL J0yjt&l9,ftAR MAIL CITY OF HUNTINGTON BEACH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PUBLIC WORKS DEPARTMENT mk P.O. BOX 190 HUNTINGTON BEACH, CA 92648 AUTHORIZED RE TATIVE g.m.,ig --gafggs. . . . . . . . . . . . . g iWi: mc General Engineering and Building Contractor Lic.#633538 . LETTER OF TRANSMITTAL TO: DATE: Of ZL9�� / /�/0' JOB NO: L e / -3 / -7 RE: ATTN: ��I//l//, � �'f✓/ � WE ARE FORWARDING: BY FIRST CLASS MAIL _FEDERAL EXPRESS BY MESSENGER ANPERSON UPS FAX THIS MATERL4L IS SENT: FOR YOUR INFORMATION FOR YOUR APPROVAL FOR YOUR ACTION XPER YOUR REQUEST FOR REVIEW AND COMMENTS FOR YOUR SIGNATURE NO. OF COPPICES GENERAL REMARKS: RECEIVED CITY C�.E'RK CITY OF HUNTINGTON BEACH, C WF. HAI 21 4 38 PM '97 ` !7 COPIES TO: �i ��l BY: P.O. Box 3217 Tustin, CA 92781-3217 Phone/Fax # (714) 5OM345