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GMC ENTERPRISES - 1997-08-04
V Q I have received Maintenance Bond No. 5795151 — First National Surety — GMC Enterprises Re: CC-910 — Yorktown Avenue Vertical Realignment. Dated: By: 43331hwklyn A9emeNE. Sratll:, WA 98105 f.VMNTENANCE BOND Bond No. 5795151 jxOw Al t. BY TjmSE PRBSEWs, That jv% GMC Enterprises us Principal, and FIRST NATIONAL_ INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of Washington and dnly authorized to do business in the State of Ca[ifomia , as Smy, are held and testy bound um the City of Huntington Beach as Ohdiyw, inthe pen:.l sum cf Twenty Four Thousand Eight Hundred and 501100 Dollars ($24,850.00 to tshich payment wtn and truly to be made we do bind ourselves, our and earls of our heirs. cm.-utars, adminiatratnrs, ==essors and assigns jointly and smt afh; frn by these prseub. MEREAS, the said Prindpal entered into a Contra with the City of Huntington Beach • dated August 4th, 1997 for Yorktown Avenue Improvements Vasile Circle to Coldwater Lane: CC 910 Federal No. STPLH-5181 (021): Construction Contract VWREAS, said Coatmd has beta coflmplct4 atd vra epprwed on 22nd dayar December .1997 . 140%1, TBE U-TORE, TIT CO?mZTION OP PHIS OBUOA7 ON 1S SUCK That it the Principal shall goatantee thaw the work islll be frx of any defectve nsattrials or waafcmanshtp which be== appar:nt during the period of One 1 ycar fallowing eornpleaonofthe Contractthen this obligationshaUbavt4other�torcr: hin full fora and effbc� provided haNtvver, arty additional w==M or guarantee wheth:r Messed or inTlied is extendcd by the Pdmpai or rR*ftturacrarar oW and tha Surety assume no liability for such a guarantee. .4pedandsoledthis 22nd dayor January _. .1998 GMC Enterprises (Scan ? ttor O7 FRST NATIONAL INSURANCE- COMPANY OF AMERICA )3y r •.� XjOfre Ammer s-Mas,FNV era? "Mgivwvd trWcm.,A of BAFECo COePOT4V.on. v FIRST AATION INSURANCECO.OFAHtERICA 4333 Brrolu:yn Avenue N.E Seaule,IVA IIIi ICS KNOW ALL BY THESE PRESENTS: POWER OF 4333 TBNATIOYNL INSURA NE NCE COWANY OF AMERICA ATTORNEY SEATTLE. WASH]NGTON 9e105 No. 9392 That FIF.ST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Bosse • was ■■ moms ■■•••JEFFREY R. GRYDE, San Clemente. CalifOrnla•■■•■■■••■••■■■•■■■■■■•■■•■•••■• Its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and suety bonds or undertakings and other documents of a similar character Issued by the company Ilk the course of Its tusiness. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instrurrents had been duly executed by Its regularly elected officers at Its honvi office. IN WITIXSS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents INS .1211+ day of November . 1993 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: *Article V. Section 13. - FIDELITY AND SURETY BADS ... the President, any Vice President, the Secretary. and any Assistant Vice Presiders appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint Indviduafs as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and Surety bonds and other documents of similar character issued by the company In the course of Its business ... On any Instrument making or evidencing Such appointment. the signatures may be affixed by facsimile. Dn any instrument conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof, may be impressed or affixed or in any other roamer reproduced: provided. however. Ilia' 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 JUIy 28. 1970. "On pry 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 Gi- 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 tha Certlfying officer tray to by facsinile. and the Seal of the Ca -Many tray be a fai;srr,0(# thereof. L P. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the Icy-°_aws and of a Resolution of the Board of Directors of this CO'Wation. 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 Stilt in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 22n' day of January k . 19 98 - S-104WE 1 194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nasr0T State of California County of Orange On January 22 199.8 before me, Patrice Zeis, Notary Public VATS NAIL. TITLE OF CFFICER - LCL. UME OCE, hCTAAY ►VBUC' personally appeared Jeffrey R. Gryde IN personally known to me - l* PATRICE WS ti COMM. 11087195 > cOU GE COUNTY NAIdE(1qof 31aNEN$j to be the personM whose nameW ishwX subscribed to the within instrument and ac- knowledged to me that he/XK*V4 l executed the same In hls )U0W authorized capacity"XX and that by hisi XMr slgnaturelX) on the instrument the personCe), or the entity upon behalf of which the personM acted, executed the Instrument. WITNESS m and and official sea). a SK"T REO NOTARY OPTIONAL Though the data below is not requlred by law, it may Grove valuable to persons retying on the document and could prevent fraudulent reattachment of 1h!3 farm. CAPACITY CLAIMED BY SIGNER ❑ R401VIDUAL ❑ CORPORATE OFFICER MUM ❑ PARTNEws) ❑ Uft IITED ❑ GENERAL ® ATTOR:4EY-IN•FACT ❑ TRUSTEE(S) ❑ QUARDWVCONSERVATOR ❑ OTHEA: SIGUER IS REPRESENTING: NAA4 OF: F%A90N(14OA iN1TT OF S) DESCRIPTIOU OF ATTACHED DOCUMENT Bored TITLE OR TYPE OF 1D0CUt.1ENT N'J :fBER OF PAGES DATE OF DOCUI ENT SIGNER(S) OTHER THAN NAMED ABOVE 01999 f:AT10faL110TARY ASSVMATI0t1.8238 Ref met Avs.. P.O. Box 7184 • CsnoCa Pot CA 913C9.71E4 01 CIILIFORNIA ALL-PURPOS, todKNOWLEDGMENT �%! N, s•h- State of California County of Orange On � 3� _ before me, Sandra Jo Winberry I Notary Public OATF NAME. TITLE OF OFFICER - E a .-JANF 00F. NOTARY mrvc' personally appeared Gennady Chizhik NAMEJS) OF SIGNERS) Rpersonaily 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 helshelthey execl.tted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on tha instrument the person(s). SA.%oRAJOWINSERRY or the entity upon behalf of which the Corr,,missic,'riperson(s) acted, executed the instrument. •4 NO*Cy Pubic. Cal:fomFa Los A!, ,e es County My Corr.' 1.Eq,re$Sep 16 2oot WITNESS my hi rrdhoff' ' seat. r SIGruTURE OF PIOT AFtY OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (� IN01VIDUAL L conPORATE OFFICER President TITLEIS) _I PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT l� TRUSTEE(S) I �] GUARD1AWCONSERVATOR OTHER:----.. SIGNER IS SEPRESENTING: I 1N" IF 1.9 r V11". k5, On rNTITVI1Ep + GMC EnF ineering_ Inc.. 586 E. Lambert Rd Brea, CA 92821� DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(5) OTHER THAN NAMED AF30VF: 01M NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7184 e Canoga Palk. CA QI r1a 7 tF1-1 M imfe NWTMGToN SL►CM TO: FROM: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: -10% R ENTION PAYMENT CC 10 C-;M C - E- ; yes Zqi�- %' DATE: i ?,,w (! 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 100X0 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 4YIkAN T. VIL ELLA, Director of Finance I certify that no stop notices are on fife on the subject-a4-tkis time. Date: ii�SJONCS, blic Works Director I certify that no stop notices are on fife on the subject contract and that a guaranty bond has been filed. Date: /vTn�nxo"_11 CONNIE BROCKWAY, qfy Clerk I certify that there are no outstanding invoices on file. Date: 1 V S RI ENRICH, City Treasurer 0011042.01 07118M 10:46 AM V DECLARATION OF SATISFACTION OF CLAMIS 1, 6JWr4AQ• CHlZNllC , state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled *Ax-rGti, " 44 and dated q5&,(g,7 . 2. All corkers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE') I declare under penalty of perjury that the foregoing is true and correct. S' Executed at (AG � on this �_ day of wt C/ , 1957. (Signature of Contractor g-cecuhctn2 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance «ith Title V1I of the Ci%il Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on ['c_ 410U?.�C?or.�nl 1201cc( 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 pro,.risions, and that the Avork performed b3• each such taborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract -or training program protiisions applicable to the wage rate paid. Signature and Title g-cc cashcon 1 ddv�v 0 &E WIN RECORDED MAIL TO: CITY OF IMNTINGTON BEACH Office of the City clerk P. 0. Box 190 Huntington Beach, CA 92648 d4, Recorded in the f -nty of Orange, California Gary L. Cranv�b, Clerk/Recorder ��ll;`l1 1[1.;1-1T 11No Fee 19970657429 3;19pm 12/22/97 005 25006895 25 59 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 C&..-. Cj—,a�. AD o " -- PuM.:..Wa,*. NOTICE OF COMPLETION CONFORMED COPY Not Compared with Original NOTICE 1S IIEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92048, that the contract heretofore aH-arded by the City Council of the City of Huntington Beach, California to G51C Enterprises, who %%as the company thereon for doing the folloMrtg work to-ivit: Yorktown Aycnuc Vertical Realignment Project - CC 910 That said work ►%as completed December 15,1997 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, December 15,1997. That upon said contract First National Surety -First National Insurance Co. of America'a-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 6I03 and should be recorded Eee of charge. Dated at Huntington Beach, California, this 16th day of December,1997. 6y7�t�ct✓' �y�l.��tJ City Clerk and ex-otiicio Clecr of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange } ss: City of Huntington Beach } J. CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-oircio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 16th day of December,1997.. City Clerk and ex-cfEcio Clem of the City Council of the City of Huntington Beach, California g:%MTo VJ)au lgs G/followup/ccnoc C::' 1'I'7 6 aD. � o Recorded in the Cou..cy of Orange, California Clerk/RecorderGary L. Granville, Ililllllliillilllllllllllllllllllllllllliillllllllllll IIlIII IIII No WHEN RECORDED MAIL TO: Il-ee CITY OF HUNTINGTON BEACH 005 25006895 259970657429 3 ;19pm 12/22/97 Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0,00 0.00 P. O. Box 190 Huntington Beach, CA 92648 - -- _- NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to GMC Enterprises, who was the company thereon for doing the , ) following work to -wit: U Yorktown Avenue Vertical Realignment Project - CC-910 ZN C� That said work was completed December 15,1997 by said company according to plans and specifications A)1' 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, December 15,1997. That upon said contract First National Surety -First National Insurance Co. of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 16th day of December,1997. L/�' U&X" 4 U City Clerk and ex-officio CIegr of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 16th day of December, 1997.. i�01� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:\f0110WUPV1SCP1g3 G/followup/ccnoc ��I P� w� CITY OF HUNTINGTON BE H MEETING DATE: December 15, 1997 DEPARTMENT ID NUMBER: PW 97-095 Council/Agency Meeting Held:_ I-sh-ffl= Deferred/Continued to: roved ❑ Conditionally Avroved 1 Denied Council Meeting Date: December 15, 1997 — ?z- 21; rw._ PyL.;5 City Clefk's Signature Department ID Number: PW 97-095 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, Acting City Administrator0A1 PREPARED BY: LES M. JONES, Director of Public Works r% SUBJECT: Accept The Yorktown Avenue Vertical Realignment Project; CC 910 -nr%A Me%.n KIML es nF:�mm�l�4inn GII l�+ 1 IIV b1 1•Vl1yV VI �,/\./IIIt./1G ll VI1 Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(sj Statement of Issue: GMC Enterprises has completed its contract for the construction of the Yorktown Avenue Vertical Realignment Project. Funding Source: Combined Federal Elimination Safety HES Program Funds and Measure "M" funds totaling $280,000 were approved for this project. Additional funds totaling $5043 are required to cover additional project expenses and are available in account number E-SX- P C-900-6-32-00. Recommended Action: Motion To: 1. Accept the Yorktown Avenue Vertical Realignment Project at a final cost of $275,093.94 and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office, and 2. Authorize the transfer of $1,885 of measure OM" funds from account # E-SX-PC-900-6-32- 00 into purchase order # 224897 to cover additional construction expenses, and 3. Authorize the transfer of $3,158 in Measure "M" funds from account # E-SX-PC-900-6-32- 00 into account number E-BS--PC-910-3-90-00 to cover additional supplemental expenditures. 0028952.01 L - / V -,2- 11/2097 4:50 PM REQUEST FOR COUNCIL ACTION MEETING DATE: December 15,1997 DEPARTMENT ID NUMBER: PW 97-095 Alternative Actions): None Analysis: On August 18, 1997, Council awarded a contract to GMC Enterprises, in the amount of $248,371.95_ The adopted project budget also included $24,837.00 to cover potential change orders and $6,791.05 for supplemental expenses, for a total of $280,000.00 to construct The Yorktown Avenue Vertical Realignment Project. Federal HES Program Funds, equaling 90% of the project budget, were used along with 10% in local matching Measure "M" funds for this project. The additional project expenses should be reimbursed by Federal HES Program funds. The project budget was exceeded by $5043 due an underestimated wall excavation quantity and unanticipated geotechnical and plant inspection costs. The Yorktown Avenue Vertical Realignment Improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the Notice of Completion be filed by the City Clerk. The following is a summary of the final project costs: 1. Contract Amount: 2. Change orders: Subtotal: 3. Supplemental Expenses: Total: Council Approved $248,371.95 24.837.00 $273,208.95 6.791.05 $280,000.00 Actual Expenditures $259,139.98* 15,953.96 $275,093.94 9 94_�_ 9_00** $285,042.94 One change order was issued for this project: 1. The on site soils engineer, Zeiser Kling, required the over excavation under the new retaining wall due to the existing soil condition not being stable enough to support the wall. * The original quantity for excavation of the roadway was underestimated resulting in additional expenditures under the pay item. ** Estimated cost for special geotechnical inspection and plant inspections required by the Federal Government for this project. F=nvironmental Status: Not applicable. A tachment(s): RCA Author: Charlonne c028952.01 4- 12/05/97 4:49 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK December 16, 1997 Gary Granville County Recorder P. 0. Box 239 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 I90, 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, Connie Brockway City Clerk CBrc Enclosure: Notice of Completion - GMC ccnocd1tr11CC-910 - GMC Enterpriscs jc (Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, o%;Mcr in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to G111C Enterprises, who was the company thereon for doing the following work to };it: Yorktown Ati-cnue Vertical Realignment Project - CC-910 That said work %,as completed December 15,1997 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 eras accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 15,1997. That upon said contract First National Surety -First National Insurance Co. of America;;ms 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 Grn ernment Code Section 6I03 and should be recorded free of charge. Dated at Huntington Beach, California, this 16th day of December,1997. 6� 71-'�g aZt � V City Clerk and ex-o8icio Clccr 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 City Clerk and ex-oflicio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penJty of penury, that the foregoing NOTICE OF CONTLETION is true and correct, and that said NOTICE OF COI TLETION 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 16th day of December,11997.. City Clerk and ex-otiicio Clem of the City Council of the City of Huntington Beach, California g-�f0110%%vvZLWP1g+ Glfolloivup/ccroc PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange } i am a residen over th party entitled and a i am not a in the below principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and' published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: t Citizen of the United States of the County aforesaid; e age of eighteen years, and to or interested matter. I am a June 26, 1997 July 31 1997 July 10, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on ' July 10, 1997 at Costa Mesa, California. a �M'li RDRFEW M__ PUBLIC NOTICE . SECTION A NOTICE iHVITINC SEALED BIDS for the YORKTOWN AVENUE IMPROVEMENTS Vasile Circle to Coldwater Lane CASH CONTRACT No. 910 FEDERAL PROJECT - NO.STPLH.Sla1(021) In the CITY OF HUNTINGTON PEACH PUBLIC NOTICE IS HEAE8Y 'GIVEN that the CITY OF HUNTINGTON. BEACH. as AGENCY, - In- v4es Sealed bids for the above stated projects and will receive such bids In the office of the City Clerk, Second Floor, 2000 Main Street, Hunling!on Beach, :Califomfa 92648. up to the hour of 2.100 Phi on JULY 17, 199T. Bids wilt be publicly open In the Coun- cil Chambers unless Other. wise posted___. _ - -. - Copies Of the Plans; Specifications, and core tract documents are avaY able from the Otilce of the Director of Pub'Ic works. 000 Main Street. Hunting. ton Beach, CA 92608, upon payment of a 32C40 nonre- ifundable 'lee 11 picked up, ,or payment 01 a . s29.Co ponrafundable lee, it mailed. _ ` This is s Davis -Bacon reject 'and the. Federal agulations will be ari- orced. Any contract en• eyed into pursuant to this notice wilt Incorporate the provisions of the Federal tom' Qr Standards, which are on file at the Office of the Director of Public Works, Main Street. Hunting. ton Beach. CA 92643. The AGENCY will deduct. 10% retention boat a'[ progress psyme.its. The Contractor may substitute an escrow holder uaety of equal value to the retention in accordance with the pro - &tons of the Caclotnia Government Code, Section . 590. The Contractor shall be beneftciaf owner of the surety and Shall receive .any interest thereat. The AGENCY hereby af- firmatively ensures that min nority business enterprises will be stloided tutl op- " portunity to submit bids In response to this notice end will not be discrtminaled against on the basis of race, color, national origin, ancestry, sex, or religion In any consideration. leading to the award Of contracL- No bid Sha:1 be COASW- ered unless It Is prepared on the approved Proposal ' forms In conformance with the Instructions to Bidder. The bid must be ac- companied by -a cenifred check, Cashier's Check, or bidder's bond made pay- able to the AGENCY for an amount no less than 10% of the amount bid. ' The . uccesslul bidder Shari be licensed in accordance ; with provisions of the Bust. mess and Profess;.ons Coda and Shall possess a State ' Contractor's License Class at the time of the bid open- Ing- The successful 'Con• tractor and his subcontrac- lots wilt be required to pos= . sass business license from the AGENCY. '. f.-: , ;, The AGENCY , rese"os the right to reject any or aft bids. to waive any kregular. +ty and to -lake: all -bids under advisement toi-a_� maximum "period3of 160 f days. BY ORDER of tho'CITY y °COUNCIL' of tit» CITY OF HUNTINGTON -.BEACK. CALIFORNUk the 16TH day : of JUNE 1997. Attest.. Connie Brockway, City Clark, office of the City . Clark. CITY -OF .HUN TINCTON OEACH, P.O. Box 190.2000 Main+ Street, Huntington , Beach, CA 92648. ; Published hunttngton ; Beach -Fountain Vapey _tin- , dependent June 26. July 3, i 10. 1997. - • SECTION A 71►b14-7 F (-11,197 NOTICE INVITING SEALED BIDS y►f -g- for the YORKTOWN AVENUE IMPROVEMENTS Vasile Circle to Coldwater Lane CASII CONTRACT No. 910 FEDERAL PROJECT NO. STPLII-5181 (021) in the CITY OF IIUN 1NGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACII, as AGENCY, invites sealed bids for the above stated projects and -will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on JULY 17, 1997. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which re on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY %%ill deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises %vill be afferded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration Ieading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 f , The bid must be accompl.,d by a certified check, cashier's c4�, or bidders bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF I IUNTINGTON BEACH, CALIFORNIA, the 16th day of JUNE 1997. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B %") INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, Iimitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdra%vn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. ". Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days r.fter the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address !hall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his ovm name and the name and address of each member shall lie given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. It-t 4. Delivery Of Proposals Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for YORKTOWN AVENUE IMPROVEMENTS (CC-910) in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third Iowest bidders will be held until the awarded bidder has properly executed all contract documents. Within I0 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 1.0. Listing Of Subcontract; %�V-,0 Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial F:elations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 r , 15. Material Guarantees The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the .guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the -contract, the amounts of the two contract bonds required in Section 24, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement Provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 w 1*-.,.+ NA Fidelity and Deposit company 11011E oi=FrCE OF MARYLAND BAL.r.t ORE..uD. Z;:)i 1311) 11 ON D KNONV .ILL \IEN BY THESE PRESENTS: ThatAngeles,E��ineering�...Inc............................................................................................................ ............................................................................................... as Principal, (hereinafter called the "Principal"), and :he FIDL•'LITY AND DEPOSIT CONPAXY OF MARYL.t,.D, of Baltimore, Maryland. a corporation duly organized under the !aw•s of the State of 'Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto..0 i ty, of Hun jngtort._ Beach ........................................................................•-----..................................as Obligee, (hereinafter called the "Obligee"), in the sum of...._.Ten Percent of the Amount ,of theBid'said ]U% .} :or the payment of which sum w e!l 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...G P Yorktown. Avenue..__.._ Improvements State of California: G:Ountyof Los Angeles_ On July 17, 1997 before me. Bonnie Lane {WTEI 1NAk4E. TITLE CF OF=:cEA • t E . ;6hE 7,0E NO ARY PIAM l personally appeared _ Robert A. Gomez___-- tNA'lE,SI CF SCNEA:S1, persc-nally known to me -OR- Z-3 proved to me on the Itasis of satisfactory evidence to be the person(s) whose name(s) is!are sub- scribed to the within instrument and acknowledged �•�-� to me that helshelthey executed the saute in * ' " BONME WrE corrrrt9l0n1 1105609 NW..ay INuM -- CorllxT43 s' L,=MQokmCoLncr ir Conn. Epps Jul a. F� �, his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity uponbehalf of which the person(s) acted. executed the instrument. Witness m hand and otlic;al seal. ISE•L, r5I6NArur1E of Nf1:AAtj ATUNTIOA NOTARY. The information requested below is OPTIONAL. It could. however• preverl fraudulent a"achmQnl of THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: a a CAPACITY CLAIMED BY SIGNER{S) INDMOUAL(S) 00;; Gn/ViE _ OFFICER(S) . PARTNER(S) K; AT T ORNEY IN FACT TRUSTEE(S) E GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: ,NA AE OF PER$CNJSJ GR ENT1T'f{1E&.► Los An eles En ineerin this tertlhcale to any unautnnrljeO document Title or Type of Document Pi d Dorume(lf S Number of Pages Signer(s) Other Than Named Above Date of Document Mlj1 •III :iI,11141.1.;11. j11 :-•L'. •1Ci �(Y•,-/Aih.l ll,lr ilk •--.RG r'.11Af11V IIIf .&'t If '.I V1.I9•M fvM ..• 1... •^• ••M7'. ^. rI•A![Ma.( y r ALT. PURP0SF AC ,KN. 0WLFDGFNi EN17 STATE OF CALIFORNIA CCUNTY OF — Los —Angeles On July 17,1997 , before me, a a• , personally appeared ar rec engas , x personally known to me; or proved to me on the basis of satisfactory evidence to be the person(() whose name(a) is/arxx subscribed to the within instrument and acknowledged to me that he/9dxe� xeyx executed the same in his/� c>ic g authorized capacity(ice* , and that by his/ iA(/( kg signature (a) on the instrument the person'(x) or the entity upon behalf of which the person(g)) acted, executed the instrument. WITNESS my hand and official seal.•••••••••••••••••••""•"`••••�••�•� R. LANCE ADAIRRCOh11j. ( SEAL) #1106675 R GQO NOTARY PUBLIC • CALIFORN!A S 2 2S LOS ANGELES COUNTY Ny Canm. ExWrt3 Jury 24.2086 `•••••~••••••••••••••f•••�•••••••••' Signature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individuals) Corporate Officer(s) and Titles and Partner(s) Limited General _Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Surety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional,' it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE Wp1c^.FomituiiowIC(rcv 1::92) 4]]7 &ooilyn Ateaus NS Soule, WA 91145 BID BOND KNOW ALL BY THESE PRF.SEMS, Tlvt we, GMEnterprises of P.O. Box 3217, Tustin, CA 926$1-3217 (haretasftar oallod the Prlacipai), ass PriAcipa ,sad FIRST• nA INSURANCE COMPANY OF AMERICA, of SvwLe, Washington, a corporation duly nrganlzad under the laws of the Sate of Weahingtna as Surety, hereinafter eallad the Surety, are held &a firmly bound unto the City of Huntington Beach (hereinaftsr callod the Obligee) Ia the penal sum of Ten Percent of the Total Amount Bid - -------- Dollar (S --'_'--' 10%------------- ) for the payment of which the Principat and the Surety M taerrsrlvea, their beirr, eimu►ors, i1ministratom, suttamors and asregw. jointly and morally, firaily 6y these prawnta. THE CONDMON OF THE 0131.10ATION IS SUCH, That Wboreu, the Principal has sub. -pitted or k about to submit a proposal to the Obllgoo oa a oontraet for Yorktown Avenue Improvements NOW, TtiFMFORE, It the said Contract to timely z%wded to the Principat and the Principal shall, within stash time as may be opeci[W, eater Into the contract lu %Titing, and give bond, if bond tg required, with surety acceptable to Go Obliges for the faithful parlmmaace of tLe said Contract, thou this obti;olion #hall be vold; otherwise to rv=iu In full ford. and of feat. Signed Lad,must this 9th day of July , M7 . GPAC Enterprises (Seal) -- e/ v riu. FIRST NATIONAL ItiSMANCE COMPANY OF AMrMCA By ._ !Jeffrey R. Gryde Atun►ey-wM 8-11011U 71a V 1:7F.-IR""S",T-N&TIONAL .." ETY POWER Q� ---- ATTORNEY FIRST NATIONAL INS URAN ECO.OFAMERICA 4333 Brooklyn Avenue NZ S"We,WA 98105 KNOW ALL BY THESE PRESENTS: L FIRST NATIONAL INSURANCE COMPANY OF AINERICA e333 BROOKLYN AVE NE SEATTLE. WASHINGTON 05105 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint 08-060000sarserroNJEFFREY R. GRYDE, San Clemente. Callfornla"•""""""""""•..■■.... Its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by Its regularty elected officers at Its hone office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents INS 12th day Of November . 1$ 03 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FpELMY 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 indviduals 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 instrurnent making or evidencing such appointment. The signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsirNis 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 July 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 60 A copy of the power -of -attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in fuel force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile fhereof" 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 Attorney are stilt in futt force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation INS 9th day of July 19 97 5-104WEP 71e4 �J . �! UTT Or HUTMTON PEACH 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648 Public Works Department - Street Design Division Telephone: (714) 536-5431 Fax: (714) 374-1573 LETTER OF TRANSMITTAL DATE: 6/ 16/97 City Clerk(for publication in the Local Daily Pilot) FROM: Tony Folaron SUBJECT:Project Advertise zient MWe are forwarding: 15ZIBY Mail PROJECT:Yorktown Av East of Beach Blvd CC:910 MY Messenger MY Bluenrinter Item No Copies Pages Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 Status: ®Final Preliminary Revised []Approved Released oReviewcd Sent for your: []Approval Signature ®Use (3H.- Information Review Please Note: []Revisions Additions []Deletions ❑ Corrections Not for Construction Remarks:Please advertise beginning Thursday 6119/97 and then two consecutive Thursdays thereafter. c: file# CC910 26145.01 COPY TO: TAMMY GENEIL CC-910 July 17,1997 2:00 PM Engineer's Estimate: $400,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT $ 1. All American Asphalt 2. CT & F, Inc. 3. E A Mendoza Contracting S 4. Excel Paving 3 Go S 5. Gillespie Construction 6. GhIC Ente rises s aye S-O D S 7. Gueno Development Co. 4s S. Hillerest Contracting`� 9. Los Angeles Engineering $ 10. Madison Paving 11. Moore Electrical Contracting 12. New Earth Construction 13. Nobest. Inc. cP 90y, 0 9 S S 14. Pavement Recycling Systems Noble S 16. Savala Construction Page one of two 19898 pg 3 CC-910 July 17,1997 2:00 PAI BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT $ 17. Sequel Contractors 3 / (0 0 18. SRD Construction 19. 20. 21. Page two of two 19898 Pg 4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSNUTTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOP,MENT AGENCY APPROVED ITEN1 DATE: % � 9 9 7 r T( ATTENTION: A, k,/ DEPARTIRIENT: REGARDING: See Attached Action Agenda hem S Date of Approval 'y 9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement t! Bonds ✓ Insurance RCA Deed Other Remarks: CC: Cz)Pw ,� ✓ Department RCA Agreement Nan? Department RCr .�gccrnrnt RSA / Ageemey?- Risk Management Department Insurance Copy z V [/ ` GFolbwwp'agimtstransllr Insuranye O•her� Insurance l7:her Insuran:e Other (Telephone: 714-536-52271 .4 , ' VITY F HUNTINGTON BEACW MEETING DATE: August 18, 1997 DEPARTMENT ID NUMBER: PW 97-065 until/Agency Meeting Held:��If 9 7 Deferred/Continued to: Cf Ap roved ❑ Conditiona'ly Approved O Denied City Clerk's ignature Council Meeting Date: August 18, 1997 Department 10 Number. PW 97-065 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCII.M€MBERS SUBMITTED BY: MM,IICCHAEL T. UBERUAGA, City Administrator/ 'l C PREPARED BY: Y LES M. JONES II, Director of Public Works SUBJECT: Approve Authorization to Award Yorktown Aven ertical Realianment- CC-910 - -- -- -1 - __, _ _ _ _ _ Statement of Issue, funding Source, Recommended Action, Altema'ive Action(s), Analysis, Environmental Status. Attachments Statement of Issue: On July 17, 1997, the City Clerk received and open bids for the improvement of Yorktown Avenue from Vasile to Coldwater Lane and the project now stands ready to award. Funding The Federal Hazard Elimination Safety (HES) Program has allocated Federal funds totalling 90% of the total project cost. A local match of $28,000.00 is required. The estimated cost is $280,000.00, including anticipated change orders and supplementals. Therefore, $28,000.00 should be appropriated from the undesignated Measure "M" fund balance to this project. Recommended Action: Motion to: 1. Approve the low responsivelresponsible bid submitted by GMC Enterprises, 586 E. lambert Road, Brea, CA 92621 for the Yorktown Avenue Vertical Realignment, CC-910; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $248,371.95, and 3. Authorize the Director of Public Works to expend a total of $280,000.00 including the contract amount of $248,371.95, estimated construction contingency of $24,837.00 and supplemental expenditures of $6,791.05. Alternative Alternative Action(s): 1. Deny award of the contract to GMC Enterprises and select one of the other responsive/responsible bidders. 0025115.04 -2- 07/2119712:18 PM AUTHOR: KAT OD / "UEST FOR COUNCIL ACTIN A MEETING DATE: August 18, 1997 DEPARTMENT ID NUMBER: PW 97-065 Analysis: The project consists of removing a potentially unsafe grade separation on Yorktown Avenue east of Beach Boulevard. The project is approximately 950 feet long, starting 925 feet east of Beach Boulevard and extends to 1,875 feet to the east. The project modifies the elevation of the north side of the street to match the south side. The project involves the construction of street and storm drain improvements in addition to the construction of a retaining wall, all on the north side of Yorktown Avenue. On April 16, 1997, the Public Works Commission approved a motion to recommend this project to the City Council to authorize advertizing of the project for construction. Motion was approved 6-0. On June 16, 1997, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Yorktown Avenue Vertical Realignment Project, CC-910. On July 17, 1997, bids were received and publicly opened by the City Clerk. The engineer's estimate is $400,000.00. Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. GMC Enterprises....................................................................................................$248,371.95 2. Hillcrest Contracting ................................... ............................................................ $278,330.00 3. Excel Paving.........................................................................................................:.$288,360.00 4. Nobest, Incorporated..............................................................................................$298,095.00 5. Gueno Development Company..............................................................................$358,105.00 6. Los Angeles Engineering........................................................................................$376,085.00 Environmental Status: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Attachment(s): 1. Project Location Map 2. Contractors Reference Check RCA Author: LMJ, REE, AAF 0025115.04 -3. 07/18/97 2:59 PM AUTHOR: KATOD I i • �P 00 x BOLSA AVE. Q . gn vn (n (n ''- Mc FADDEN VE. ' EDINGER Lo �' AVE. X' Cat d AVE. co 4 Z IL Q �' Ld N o WARN �' AVE. Z51 1 1 N.T.S. SLATER JAVE. • 405 ,Q TAl13ERT AVE. . PACIFIC bpi ErLus AVE. C� yam. GARFIELD AVE. • �,` �n cn Mt. N 3 7AD S AVE. y o��ca INDIANAPOLIS AVE_ x YORK TOWN AVENUE c a VASILE CIRCLE TO TtIwTA U N AVE. _ - -- COLDER LANE , 4 _ z HAM LTWT AVE. -. H.E.S./CC— 910 . OCEAN BANNING- • AVE. PROJECT LOCATIOW MAP - . CITY' OF HUNTINGTON BEACH .. _ QEPARTMENT OF PUBLIC WQRKS C:\ACAD\CCal0\91CW.0WG �-- �'JTY OF HUNTINGTw.rAN BEACH INTERDEPARTMENTAL COMMUNICATION TO Cash Contract File 910 FROM Eric R Charlonne, Civil Engineering Assistant SUBJECT, REFERENCE CHECK, GMC Enterprises, CC 910 DATE July 18, 1997 A City of B City of Santa C City of Manhattan QUESTIONS Huntington Beach Ana Beach Nm Larry Taite Name Sudi Show Name Dana Ph (714) 536-5590 Ph (714) 565-4042 Greenwood Phone(310) 545-5621 1 Did contractor work well with your agency? Very Well Yes Yes 2 Did they change personnel during the job? No No No 3 Were there any problems with No No No subcontractors or suppliers (stop notices)? 4 Did general and subcontractors work Yes Yes Yes consistently on the project? 5 Was the project completed on time? Yes Yes Yes 6 How was the quality of the work? Very Good Excellent Very Good 7 Would you hire this general contractor Yes Yes Yes again? 8 Are the contractors' and subcontractors' licenses current and verified with State Contractors License Bureau? YES 9 Are there any outstanding complaints lodged against the contractor with the State Contractor's Licensing Board? NO 10 Comments very cooperative and 7:1 does not submit a lot of 1 change orders A Roadway Improvement $58,000 B Roadway Improvement $108,000 C Roadway Improvement $241,000 �,L a 0026736 01 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GMC ENTERPRISES FOR THE YORKTOWN AVENUE IMPROVEMENTS FROM VASILE CIRCLE TO COLDWATER LANE (CC 910) THIS AGREEMENT Is made and entered into on this day of 1997, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and GMC ENTERPRISES, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Yorktown Avenue Improvements from Vasile Circle to Coldwater Lane, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, 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 connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner Imp1WPCDlYoMoyn 2=%7131IV x�s�sv�a cli1l��'a�* 4 sjgvxcT4'I °CAC11jC611F: t6, NJ ss 1 L I mr 'AITIIMOV39 RUUNIitt H iC AiI3 V9313 A1113 43AI3310, PECEIVEO CITY CLEF C1TY OF HimVINCTOR BtACHICAi,1F, it 17 2 01. M'51 Mw 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 a!I of 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 1995 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 �,pWPconrodsovm 26MW/31197 D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A); E. 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 Two Hundred Forty Eight Thousand Three Hundred Seventy Two Dollars ($248,372) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 ImpAMCD/Yorfdom 2039/7f31197 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 conditions 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 sha!I 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 on 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not 4 )mplWPCDIYo Mown 269 WI31197 �.d 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. T. 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 site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to 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 (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or 5 Jrna%MconroMvi ►, r3»7, I �►i items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the Califomia Govemment Cods Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the Cafr'fomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid .(either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 6 jrr,WPconrorM0M 26M9I7MIG7 13. QALIFORNIA EIGHT -HOUR LAW Califomia Labor Code, Sections 1810 of seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and ea:h subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in Califomia Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with Califomia Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with Califomia Labor Code Section 1813. CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of Califomia Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Califomia Labor Code. regarding the employment of apprentices, Is applicable to this p. 7 JmpWCalYoMmn 2693W/31197 17. ,PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of CaMomia Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR Is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. 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 workinglcalendar 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 8 jmp&?CDNorldo%n 2693917r31197 completing the work In excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of 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 shalt 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 by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. 9 )mpAVPCDrYoMom 259317/31197 k'd No claim for additional compensation or damages for delays, irrespective of the cause therecf, and including without limitation the furnishing of material by CITY or delays by other contractors or sut:contractors, w411 be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 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 to 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. 21. 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 10 jmplk'PCD/Yorktcmn 2E93917131197 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 fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quanti"des used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. if the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment 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 cf completion by CITY. Payments shall be made on demands drawn In the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in 1'I Jmp"CDlYoMMM 269=/31/07 V the certificate Is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. 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. 24. AFFIDAVITS 9F SATISFACTI N 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, 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 cf California. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, 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, caused in whole or in part by any negligent act or 12 jmplk?CDNoridcmn 26939I7r31197 I� omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 27. WORKERS C MPENSATION INSURANCE Pursuant to Califomia Labor Code Section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) 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. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, 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 13 jmplklPCD/Yorktowr 269391713M7 M with the PROJECT, and shall provide coverage in not less than the follovAng amount: 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 CONTRACTOR's insurance shall be primary. 29. CERTIFICATES OF INSURANCE: ADDITIONAL_ INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, state that the policy is currently in force, and promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of Insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as 94 jmpWPCDNort mmM3W13i1D7 Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. 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. 31. DISPOSITION OF PLAN,, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NOWASSIGNABILITY 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. 15 JmpWr-DlYoMov+n 2693W/31197 33. CITY EMPLQYEES 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 Califomia Govemmenf Code Sections 1090 of seq. 34. $TOP 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 material s payment bond requires! of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop nctice 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. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mil to an authorized representative of the party to whom delivery is to be made, at t.'�e place of business of such party, or to any other place designated in writing by such party. 36. APTION 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. 16 ImpWconroMa*n 2693W/31W 37. FEDERAL PARTI IPATI N The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included In this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. E UAL EMPL YMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order, 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 lmplk?CDrfwMo%n 269=131197 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, of seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPEL AND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 18 lmWCDNor aw-i =9=1197 L CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act Is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATIQN OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement Is under consideration to be listed on the EPA List of Violating facilities. 19 J npJ%?CalYwkW%r 26939M31197 1.o (d) The CONTRACTOR agrees to Include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained In the State energy conservation plan Issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSINQ AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 service expenses incurred by CONTRACTOR. 47. ATTORNEYS 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. 20 Ynp&?CDNorldom, 2693917f31/S7 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. GMC ENTERPRISES Ymix Gennady CH1zhik, sole proprietor REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California ��- =4-011 Mayor ATTEST: City Clerk APPROVED AS TO FO M: S� ity Attorney INITIATED AN APPROVED:4?, - jw�tjj' j2n:%, Director of Public v1vorKS 21 jmp/k/PCDNorktown 26939l7/31/97 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GMC ENTERPRISES FOR THE YORKTOWN AVENUE IMPROVEMENTS FROM VASILE CIRCLE TO COLDWATER LANE ZABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 S. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CCNTRACTOR 6 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION. DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT IL TERMINATION 15 31. DISPOSITION OF FLANS. ESTIMATES AND OTHER 15 32 NON -ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCR:M;NATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 47. ENTIRETY 21 jmplk!>aCD1Yodcto%% 7131197 117 r I have received Contract Bond and Payment Bond No. 5795151 and Contract Bond/Faithful Performance Bond No. 57955151. Re: Yorktown Avenue Vertical Realignment - CC-910 Action Agenda of August 4, 1997 attached with Council action. Dated: X� lwlor7 ey: & TidNXfi- `S q!�4'4!IT IR NATIONAL INSURA`iCCGO. OFAh1Y:RI A 4'.33 Brooldys Minus N.F &:LWe,WA1jI0S CONTRACT BOND — CALIFORNIA FAITifUL PERFORMANCE — PUBLIC WORK KNOW ALL BY THM PRESMS, Tkit_ GMC Enterprises Bond No.5795151 Initlsl premlun ehorpd for this bend Is $4,835.00 _ sub Jett to adjustment upon cmpletlon of contract Rt oppllceble role an final contrml prige, of as Yrincipsl, an the FIRST NATIONAL INSURANCE COMPANY OF Ah UICA, a corperition orStnized end existing Under the laR-E of the State of WasSington and authorized to trsnseot sursty business in the State of Glifornut, as Surety, are held and firmly bound unto the City of Huntin ton Beach lijecamm and LmIgns, jointly and severally, firmly by these prooentr. THE CONDMON OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the shove -bounden Principal lu entered into a Contract, dated , 19 97 , with the City of Huntington Beach to do and perform the following work, to -wit: Yorktown Avenue Improvements Vasile Circle to Coldwater Lane: CC 910 Federal No. STPLH-5181 (021): Construction Contract The condition of this obligation is such, That if the Principal shall guarantee that the work will be free cf any defective materials orworkmanship which become apparent during the period of One (1) Year following the completion of the Contract then this obligation shall be void, ctherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. ?:OW. THEREFORE, if the @6oYe-baundan Principal shall faithfully perform all the provisior:a of acid Contract, then this 6ligation shell be void; otharwha to remain in full farce end effect. PROVIDED FURTHER THAT, Any suit under this bond must be Instituted before the expiration of two (2) years from the fists of substantial complation of the work to be performod under the Contract, S �8�.d sad coaled this 11th day of August , 1997 C-•i GMC Enterprises 6�& %�J Principe! By:61 FIRST iVATIOVAL INSURANCE COMPANY OF AMERICA By fief r R. de, .tiornoy+v act i-WtiEs 1104 PREHrtA IN tr.;A. r IF POWER OF .FIRST'TIUA �IRR`L ATTORNEY FIR51' NATIONAL INSURAN CECO. OF AMERICA 4333 Brooklyn Avenue NZ SeaWe,WA 9iI0S KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 020OKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint ssssssssssssssssasssJEFFREY R. GRYDE, San Clemente, CaIlfOrfllasssssssssssesrssesssssssassssssr its true and lawful artorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bends or undertakings and other documents of a similar character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such insirtments 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 17 t h day of Nov emb e r , 19 93 . CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FDELfTY AND SURETY BADS ... the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the Course of Its business ... On any instrument making or evidencing such appointment, fie Signatures may be affixed by facsirri'le. On any instrument conferring such authority or on any frond or undertaking of the company, the seal, or a facsimile thereof, may be ir,pressed or affixed or in any other mariner 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 NA71ONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. G) 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 Gil Certifying that said power -of -attorney appointment Is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facSirnile thereof." I. 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 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 1 l th day of August . 19 �7 . S-1049/EP 71041 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 11, 1997 before me, Patrice Zeis, Notary Public _ CATE NAME. T{TLE OF OFFICER - E.O,WE DOE. NOTARY PU9UC' personally appeared Jeffrey R. Gryde kAWEIS) OF SMER(S) ® personally known to me ?if XVUbU.�X dWMo to be the personM whose nameW NMI subscribed to the within Instrument and ac- knowledged to me that hef6ftTWy executed the same In hisXi t7MXXr authorized capacity U)� and that by hisDt XMr slgnature(g) on the instrument the person¢G), or the entity upon behalf of which the PATRICEZEIS persona acted, executed the instrument. w ` r commRVP.1108coun7c'V195 a 14�2��sm WITNESS d and official seal. SIGNArURf DF NOTARY OPTIONAL No.s907 Though the data below Is not required by law, It may prove va'ual fe to persons relying on the document and could prevent freud&ent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INWADUAL ❑ COAPORATE OFFICER TME(s1 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAR CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAJFX OF PERSON(S) OR ENTrTY¢ES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT HUMBER OF PAGES DATE OF DOCUt.1ENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION 4 8236 Rarnma' Are-. P.O. EOx 71e4 - Carp Park. CA 913C9-7154 -9 Mul" LYFIRST A NALINSUAANC£C0. OF AMERICA 033 Bmallys Aranue KL 3etWa, WA 911D3 Bona No.5795151 CONTRACT BOND - CALIFORNIA Premium: Included PAYMENT BOND KNOW ALL BY THESE PRESENTS, That ws, - GMEnterprises and the 1 ATIONAL INSURANCE COMPANY Of AMERICA, a corporation orgenlzrd and editing undw the laws of the Slafe of Waahingtoa and authorized to ttansact suety business in the Ststa of Callforala, as Surety, am held and firmly bound unto the City of Huntington Beach as Oblige•, In the sum a! Two Hundred Fo ty-Eiaht Thousand Five-14Jhdred and 001100 - - - -- - -- ------ Dal lars 248,500.00 for Lie psymsnt whereof, well sr'd truly to be made, aid Principal and Surety bind themaolves, their hai s•:emsors and sulgw. , jointly and severally, firmly by theas presents. THE CONDMON OF THE FOREGOING OBLIGATION entered Into a ocatraot, datod day of, sad perform the following work, t3-wit: IS SUCH, That WHEREAS,. the above -bounden Principal his ,19 97 , with the Obllgea to do Yorktown Avenue Improvements Vasile Circle to Coldwater lane: CC 910 Federal No. STPLH-5181 (021): Construction Contract NOW, THEREFORE, if the abcva-bounden principal or hlalher subcontractors fail to pay any of the persons named In Section 3181 of the CITII Cod* cf the State of California, or amounts da+ ender the Udsroploymant Insurance Code with respect to work or labor performe3 under t%a Contract, or any amounts required to be deductod, withheld and paid over W the Franchise Tax Board from the wagon of employees of the Prieelpai or hlAer subcontractors pursuant to Seotloa 19806 of the Revenue Arad Taxaticn Code, with respect to such wont and labor, Surety will pay for the same, In as amount not exceeding the amount specified in this bond, and also, In case suit is brought upon this bond, a reasonable attarnay'a fee, to be flied by the court. This bond shall inure to the benefit of any and all persons, campanles or corporations entitled to file claims wider Soctloa 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assign In any suit brought upon this bond. Signed, sealed and 't.eted this 11th day of August .19 97 No premium is charged for thls bond. It Is executed In connection with a bond for the performance of the contract. t r .sa --.• _+, yt creep GMC Enterprises Principe _2&B / F= NATIONAL INSURANCE COMPANY OF A%. 1CA By v4- // Je fey R. ryde, Attornay-ia-Frct PIONT[D UI 10-4- POWER OF HIRST ATIONALINSURANCECO.OF AMERICA ATTORNEY 4333 Brooklyn Avenue N.E. Seattle,WA 9t i 0S KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA e333 BROOKLYN AVE NE SEATTLE. WASHINGTON 96105 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Ease — mu seasesssamsJEFFREY R. GRYDE, San Clemente, California■eeeseeseeeeseeeseesaeesesesasse its true and lawful attorneys) -in -fact, with furl authority to execute on behalf of the company fidelity and Surety bonds or undertakings and other documents of a sMiar character Issued by the company In the course of Its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instruments had been duly executed by Its regularly elected officers at Its hone office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents INS _ 12th _ day of November . 1993 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FiXL(rY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of Its business ... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'On any Certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and 00 A copy of the power -of -attorney appointment. executed pursuant thereto. and Oi) 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 Company may be a facsimile thereof I. 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 BV-Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, t have hereunto set my hand and affixed the facsimile seat of said corporation this I 1 th day of August . 19 97 . 3-104WEP 7194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SIate of California County of Orange On An st 11 1997 before me, Patrice Zeis, Notary Public CATE NAME.TCTLE OF OFFICER-E.G.'JA"t£ DOE. NOTARY PUBLIC personally appeared Jeffrey R. Gryde y NAME(%Of SIO"04S) ® personally known to me-XXXXXXVjYfMUUWXW8)bC-d4X�DCi�4?i��X�{ �Ce to be the persona whose nameM is&KX subscribed to the wlthln Instrument and ac- kncwledged to me that heltl6(90W executed the same In hisbl lVj)Xr authorized 'AP7z-k,capacityQ ?JXX and that by hlsXY&XKMr pATR10E7�7S signaiure(&) on the Instrument the person4s), coM r roait85 or the entity upon behalf of which the < , ' kcr ctaerorw ti personn acted, execrated the Instrument. Q3Geccunrr WITNESS and official seal. Zvi 51 TtJP.EOFNOTARY OPTIONAL sonsei Though the data below Is not required by law, It may prove val-jab'e to persons relying on the document and could prevent fraud0ant reattachment cf this form. CAPACITY CLAIMED BY SIGNER ❑ 1NDIVEDUAt. ❑ CORPORATE OFFICER MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAMtONSERVATOR ❑ OTTIER: SIGNER IS REPRESEUnNG: kA#4 OF PERSON(S) OR E NTRYpES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUh18ER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C)993 NATIONAL NOTARY ASSOCIATION a $296 Rommel Ave., P.Q. Box 7184 a Canoe Park, CA 9t3C44164 CERTIFiCA'i-� F INSURANCE" ' /j o.� D 08/08/9 lArmstrong/Robitaille PROOUCET THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ins . Svc ./�� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17501 E. 17th St. #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4147 C OMPAMES AFFORDING COVERAGE Tustin, CA 92781-4147 COMPANY AScottsdale/American E & S INSURED GMC ENGINEERING IITC COMPANY e 586 E. Lambert Road Brea, CA 92621 COMPANY C COMPANY D C011IrRAI.XS THIS IS TO CERTIFY THAT THE POLICIES Or INSURANCE LISTED• B6HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDIC XED. NOTwIIHSTANOVG ANY REOUfIEMMr, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WffM RESPECT TO WHICH THIS CERTI'ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICE $ DESCRIED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLLISIONS ARID CONDC[MONS OF SUCH POLICES. L*ArM SOWN UAY HAVE BEEN REDUCED BY PAID CLAIMS. LCIY ,^ TYPE OF INSURANCE POLICY NUMBER OLIO (M fM EFFECTIVE IYY) POLICY EXIRATION DATEIMMIDDtim LIMITS A GENERALLIABILITY CLSO462676 06/25/97 06/25/98 GENERAL AGGREGATE s2,000,000 PRODUCTS-COMPIOP AGa 31 D 0 0 0 0 0 X CI_MMERCIAL GENERAL LIA13LM CLAIMS MADE a OCCUR PERSONAL i ADV INJURY it 0 0 D 0 0 0 EACH OCCURRENCE f1 D 0 0 0 0 0 Y# NERS i CONTRACTORS PROI FIRE OAMAGE a""Tts 250 1 000 _ MED E» "person) s1,000 A CLSO462676 06/25/97 06/25/98 CCM51NED SINGLE LIMIT 31, 000, 000 A 4Y AUTO BODILY INJURY = LAUTO-JOBILELIABILITY A_L OWNED AUTOS S ✓HEDULED AUTOS �K perean) BODILYINJURY X H=REDAUTOS X N7N•OWNEDAUTOS (PerwiNdenq PROPERTYDAMAGE 7 GARAQELIAEIUTY AUTOONLY-EAACCIDENT IS OTHER THAN AUTO ONLY: AN Y AUTO C' FURLt:. EACHACCsDENT I APPV0'4ZD AGGREGATE Is ••-��n•; EXCESS LIABILITY EACHOCCURAENCE s UMBRELLAFORM IAk+Jn'T�;Y AGGREGATE f f OTHER THAN UMBRELLA FORM BST = WORKERS COMPENSATION AND De J :l STATUTORYLlMrT$ EMPLC YERS L LAB I LtTf - C Ell ACCICENT I THEPNOPRrETOR1 INCL PARTAERSIEXECUTIVE Y •+ `r DISEASE -POLICY LIMIT I OFFIC[?RSARE' EXCL DISEASE -EACH EMPLOYEE I OTHEFI DESCRI M N OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Yorktown Avenue Improvements Vasile Circle to Coldwater Lane City c:f Huntington Beach, its agents, officers and employees are named as (See Attached Schedule.) C ERTIFICXTE HOLDER ..... , , ...:. CANCELLATION .....::. ,:, . SHOULD ANY OF THE ABOVE DESCRIBE D POLICIES BE CANCELLED BEFORE THE City Of Huntington Beach, its EXPIRATION DA7XTHEREOF,TMISSUIN13COMPAN'fWILL7C}Q AML Agents, officers and Employees DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TM LEFT, P.Q. Box 190 Huntington Beach, CA 92648 AUTHORIZE D REPRESE NTATNE Ir IVA4 J��V. _ ..I M r. ,. v , N :.x,....... �. vY..._., TK8 AC6RD25•SM3)1--•Of2 :•'I 5205226/Nil7{)8D _ 4ACORDCORPORATION7993 e -D (C6ntInu_6d :.fr om M additional insureds as respects to work performed by or on behlaf of the named insured. This insurance coverage is primary and any other maintained by the certificate holder is excess and non-contributing. (10) Ten days notice of cancellation will be sent for non-payment of premium. CiSdEti ii 2'... .- . t./ POLICY NUMBER: CLSO462676 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEESS or CONTRACTORS [FORM B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE - Name of Person or Organization: City Of Huntington Beach, its Agents, Officers and Employees P.O. Box 190 Huntington Beach, CA 92648 {if no entry appears above, Information required to complete this endorsement vAl be shown In the Declarations as applicable to thts endorsement) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work' for that Insured by or for you. RE: Yorktown Avenue Improvements Vasile Circle to Coldwater Lane City of Huntington Beach, its agents, officers and employees are named as additional insureds as respects to work performed by or on behlaf of the named insured. This insurance coverage is primary and any other maintained by CG20101185 :..�;L.h= 12 ' 97 STr,,.):1X1P SANTA Q iA C 717 (oOD . s A0Twr=" F.Q. PDX 42GS07, SAN F€7ANCISvO, CA 94112-0807 ClOr,1NiN*ATION 10-4:% U Fst A N C 0 .� CF-AlfWICATE fl.;-- :'eCFiv-ErS' CO�MPr-_iL'SAT1.'. M pl:s nAMC. AUGUST 13, 1997 CITY OF HINT I N4TGN BEACH Bu!LDTNG DIVISIOM, 3RD FLOOR 2000 ;AIN STREET HUHTINGTON BEACH, CA 92648 POUCYNUMBES1+169202 — 95 cEnrinCATE Ex?tfiEvS- 1 0-1--tI7 JOB: ALL OPERATIONS This is to Certify the'. rare 11vo issued a valid Workers' CornAenswion Insuranea policy in a form apt)M d by the ." Mornia Insurance Commi asioner to tine employer named below for the policy perind indicated. ii.s policy is rot sub'ec; ll to ca,euoUon by the Funa except upor�PClays' advance Wreten mate to the emplcy&, We YAII weo give you fjN da,•s' advance notice should this pr licy be cancelled pnor to Its normal expiration. This ce-tificate of Insurance is not an in3ur2n,:e p06/ and does not amend, extend or alter the ccwroge afforded by tfle I:oilcies fistaG herein. NotKith_tanding any req(jgr;ment, tenr, or condition of cny Contract or other docurnent wrath r tpzC. to which ihig cwtificcte of insurance may be issued or may pertain, the insurance afforded by the policies Ceccnbed herein is subject to ail the terms, miusions and cnnd lions of such policies. �,r AUTNOR3=0 ncl'rsEgE+uTMIV -,F<dtzj��- � pperbI1,CNT EMPLOYER'S LIABILITY LIttZT INICLUDIN£ DEFEWSE COSTS: $1,000,000 PER OCCURREW+ ENDORSEMENT 22015S ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01/96 IS ATTACHED TO AND FORS A PART OF THIS POLICY. EMPLOYER r APPFOVEO AS TO FOPJJ.; GAIL C:TY AT1-0-F;::LY 13J De -'. _Y Attorne7 bhG EHGINEERINS, INC. 536 EAST LAMBERT ROAD PREA CALIFORNIA 92621 SECTION C PROPOSAL for the YORKTOWN AVENUE IMPROVEMENTS from VASILE CIRCLE TO COLDWATER LANE CASH CONTRACT No. 910 FEDERAL PROJECT NO. STPLI1.5181 (021) in the CITY OF HUNTINGTON BEACII TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work %vithin 60 «orking days, starting from the date of the Notice to Proceed. J,. 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 «ill 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 Iump 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 r PROJECT BID SCHEDULF i1 Item Estimated %-of Item wit unit price xtcn -e No. Quantity written in words Unit Price Amount 1 I MOBILIZATION pm T%/Qr��it'/ d !�/l �Z / 2 LUMP SUM Q Dollars S $ Cents Per LUMP SUM 2 1 PROVIDE TRAFFIC CONTROL PLAN LUMP SUM uQ 7-RIO Dollars S4,0D4 a .G"ODO -� Cents Per LUMP SUM 3 1 LUMP SUM PROVIDE TRAFFIC CONTROL . Q G &ffl� S!X Df�'y sf650 &SO Cents Per LUMP SUM. 4 800 EXCAVATION �/ kA/ Z �/y �i YDS a Dollars -Y 7 T1Af4W— Cents Per YDS 5 2500 REMOVE EXISTING CURB & GUTTER L.F. Q -� Dollars $ a �z $ FoyAI—I ;WO Cents Per L.F. 6 6200 REMOVE SIDEWALK SY Q Dollars S ODD �/ 11—ty Cents Per SY 7 30000 REMOVE EXIST.ASPI [ALT AND AGGREGATE BASE SY Qa '� Dollars S �•� / S /� -►�J p Cents Per SY 8 1 REMOVE EXISTING CATCH BASIN & LOC. DEP. � -/d EACH boIlan $ d" S Cents Per EACH 9 1 ENCA E 30" WggTMAIN 1N PE DETAIL ��(/ Tf70v�if -/, uV h�/e LUMP SUM ._Dollars CC $ �J S /� Q -� Cents Per LUMP SUM CONST. RET-WALWTG & SUBDRAIN COMPLETE PER 10 1 LS CONST. PLAN SI CI`S 4,5 & 6. SsXTY FILE T1ov f Q Dollars S S 1— Cents Per LS C-Is k.,ZOJECT BID SCHEDULE J Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 11 1500 COMPACTED FILL wo t* � ����/ C.Y QQ Dollars S Oy $ , !! �"'� /!//AVM Cents Per C.Y 12 1 EACH CONSTRUCT 7 CATCH BASIN C PE 7710 11-�f44 Z' 15;lxv Dollars S ✓ 460 $ .-5.- 060 Cents Per EACH 13 1 CONSTRUCT LOCAL DEPRESSION ��N11u/1 f/��`(D �/� EACH rollars $ S Cents Per EACH 14 1500 CONSTRUCT 0.67 ASPHA,LTCONCRETE , v',e*� Ay/�Xy O3 �� TONS . a Dollars S $ ✓/ --f— cent Per TONS I5 1800 TONS CONSTRUCT OAT AGGREGATE BASE Q �L�Dollars S 1�d Cents Per TONS 16 765 L.F. CONSTRUCT 88 " PCC CURB & GUTTER rr � Dollars 163 S 0(� 6IX7Y 7 TI R Cents Per L.F. 17 6400 S.F. CONSTRUCT PCC SIDEWALK PER STD. 207 rr ��rL� Dollars /�-� S S Cents Per S.F. 18 5 EACH RELOCATE STREET LIGIIITSS D'�/�Doflars Q �if/.,� f," $ e/ S /UitflLl�-1 Cents Per EACH 19 300 REMOVE EXITS//TING 12" (PATER MAIN 5y j L.F Q Dollars $ S S�tiT� Cents Per L.F 20 7 ABANDON & RE TRUVCJ WTQ. SERV.(STD. 601I)�Z �/- �LC�' �j�'(�� EACH Q } K Dollars 7 S /l_ _do s./.✓ofiy Cents Per EACH C-2s C J PROJECT BID SCHEDULE .. . . Item Estimated Item wet umt price Extended No. Quantity written in words Unit Price Amount 21 2 ADJUSTWATER VALVE TO 9RADE ` �"`' n�� r _ EACH Q 1l/i`� Dollars SOS $ +� Cents Per EACH 22 3 EACH ADJUST EW MA L O G ���= � / tAC Dollars $ /5 �J [" s /// J rr Cents Per EACH 23 300 /WATER MAIN CONSTRUCT p12"PVC /%LT/ gq L.F C Dollars, $ $�/ a _ :51 X7-Y Cents Per L.F 24 1 ADJUST AIR & VAC TO GRADE �y / 550 �YO LUMP SUM a r/y'U Dollars $ $ Cents Per LUMP SUM 25 Doll - Cents Per Total Amount Bid in Figures: $ ali .0 Total Amount Bid in Words: I'WO .f C=3s If a«-arded the Contract, theVdersigned agrees that in the event of4t� BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of a«-ard 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 Signature CZ V LIST OF SUBCONTRACTOR In accordance with Government Code Section 4144, 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 TV0rk Name and Address of Subcontractor State License Number Class ALA T cove .tic!�Z CDA1z ETA /N D W. rcorI1/LG Lrj A7-vekbole 29U��� J e—F W _5¢1 7-2 /77�6 A-'G /4X�. u/�Y C'O,eo.LfT �l,�D7j� W Z� GO.t��vCT70AI -Al R el '60P 92-/ 44- vecr - 72 "o- a'Bo sT D P 'XE By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 §C&COLLUSION AFFIDAVIT � TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange G� A C q1Z H /K , being first duly sworn, deposes and says that he or she is 6C& ! g,✓r of X.,wC tom✓ �1eP.f'isF�— the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and %vill 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. G iz Name of Bidde Signature of Bidder Address of Bidder ef x Subscribed and sworn to before me this _qo day of ��Alr , 199 Z . irley Clinton C� • CALtFCAfiu� L �°1�'• y Co:.m.Eap.ro:Jan. S.ISSS NOTARY PUBLIC //�.1O.1a NOTARY SEAL C-4 U 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 YORKTOWN AVENUE IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazzardr 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: 7117 Contractor Title �I Z P1, 7, V, jq_101 �"A_Adkfj 041AOW C-5 DISQ16LIFICATION QUESTIONNAi4, 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 lH No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b COIVmNSATION INSURANCE CERTIFICATE Pursuant to Section I86I 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 workees compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7 /! � P! 6�e Contractor By 0 t/�1A Title C-7 I1N16RGROUND SERVICE ALER� 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 4216l4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig, Alert Identification Number: Contractor By Title Date: Dote: This form is required for every Dig Alert Identification Number issued by U.SA. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address .8h��x 41f 9.-el 6�/ City, State Zip Telephone Number ,!!�--5:3404P A 2� State Contractor's License No. and Class Original Date 1 Expiration Date 4� The work site was inspected by 7 �7.25 7/y of our office on 77 7. 11-e 9i�99 9 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared 61'atis'fp-the Council of the City of HuntiAe!on Beach of its ability, financially or otherwise, to perform the, contract for the proposed work and improvements in accordance with the plans and specifications set forth. _ Company Name _ Signature of Bidder Z Printed or Typed Si Subscribed and sworn to before me this 80 day of r�y�/� _ , 1992. NOTARYPUB SINICy Clinton Ccrrm.#1013015 n NOTA.RYP C::,_;C • CAUFCRhG, CRA.NC_ COUI TY i? NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. i�,/r Name and ress of Public Agency Aw/- Name and Telephone No. of Project Manager: �Z� • 17111F fo Contract Amount Type of Work Date Completed 2. G/? Name and of Public Agency Name and Telephone No. of Project Manager:i/L1/+ SL�i9 _`y ✓o-S /�1� Contract Amount 3. 4,4- Cq1,1ry Name and Address of Public Type of Work Date Completed Name and Telephone No. of Project Manager: , o��� 66qrA191a* Z (Ne k /��ti o A-v 11-11 6�621V7 Contract Amount T c of Work Date Completed C-10 GMC ENTERPRISES 586 E. LAMBERT RD BREA,CA 92621 1 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 's 4� f� I have received Bid Bonds for Los Angeles Engineering, Inc., Sequel Contractors, Inc., Nobest Incorporated, Gueno Development Company, Inc., Hillcrest Contracting, Inc., and Palp Inc., DBA Excel Paving Company. Re: Yorktown Avenue Vertical Realignment - CC-910 Action Agenda of August 4, 1997 attached with Council action. Date d_ i 24zen- (10) �"� 08/04/97 - Councill�v+ency Agenda - Page 10 E-5. (City Council) Approve Authorization To Award Bid For Yorktown Avenue, CC-910 -_Vertical Realignment - GMC Enterprises (600.50)-1. Approve the low responsive/ responsible bid submitted by GMC Enterprises for the Yorktown Avenue Vertical Realignment, CC-910; 2. authorize the Mayor and City Cleric to execute the construction contract in the amount of $248,371.95; and 3. authorize the Public Works Director to expend a total of $280,000.00 including the contract amount of $248,371.95, estimated construction contingency of$24,837.00, and supplemental expenditures of $6,791.05. Submitted by the Public Works Director [Approved 7-0] E-6. Deleted E-7. (City Council) Considerations Of Intergovernmental Relations Committee Recommended Positions Re: Various Assembly Bills And Senate Bills - State Legislation - ABA 033 (Frusetta) - AB-207 (Frusetta) - AB-701 (Caldera) AB-836 jSweeneyL-AB-1055_(Villaraigosa) - SS-854 (O'Connell) - SupportAB-1033 l^rusetta (120.70)- Personal Income Tax: Extends sunset date for voluntary deductions via a check -off box on State Income Tax Returns. Support AB-207 (Frusetta) - This bill provides that no attorney may disclose or permit to be disclosed the address or telephone number of a victim or witness to anyone except the attorney's employees or persons appointed by the court to assist the defendant's case. Support Aft-701 (Caldera) - Allows disclosure by the Franchise Tax Board to the City of name, address and type of businesses operating within a city's jurisdiction to allow cities to compare with its records to minimize the amount of businesses not in compliance with local business license ordinance and thereby being subsidized by those businesses in compliance. Support AS-836 (Sweeney) - Transaction and Use Taxes - Administrative cost recovery - Support requested by Orange County Transit Authority. This bill will cap the administrative fees assessed by the Board of Equalization (BOE) to administer the collection of 'add -on sales tax"to a percentage of the amount administered. Support AB-1055 Mllaraigosa) - Establishes a safe playground facilities and recycled materials grant program. It will provides a 50% matching grant for the repair, refurbishment, installation and replacement of public playground facilities and promote the use of new equipment made of recycled materials. Support SB-854 (O'Connell) - Transit Districts Property Tax Allocations (Urgency) Would provide that single -county transit districts be excluded from the Educational Revenue Augmentation Fund (ERAF) contribution. When the ERAF was instituted by the State of California multi -county transit districts were exempted. OCTA and three other single -county transit districts are seeking the same relief provided their peer agencies. And, direct staff to draft Letters of Support for the Mayor's signature and send the letters to the Legislature and Governor. Submitted by the City Administrator's Office (Full text of legislation is available in the City Clerk's Office.) [Approved Recommended Action on All (Except Harman NO on AB-207) Garofalo abstain on all] (10) rla r fidelity and deposit Company 110ME OFFICE OF ` ARYI.AND a.atrt.r:ORr...uD. _:_()j 33 113 3;13 N 33 1•_'1O%V.ALL NfEN BYTFIESE PRESENTS: Ihat we .... Las Angeles Engineerin , Inc. •-•........................................................................................... as Principal, (hereinafter called the "Principal"), and tl:e 1 IDCL[Tl .l\D DIiCO�[T COMPANY OF 1 ARYLAND, of Baltimore. Maryland, a corporation duly organized under the laws of the State of Maryland. as Surety. (hereinafter called the "Surety"), are held and firmly bound uaro..Aty...4f.Huntington .Beach............................•--....---.......................................................................................-- ......................................... ................................................ ........ ......... ....as Obligee, (hereinafter called the "Obligee"), in the sum OL..... Ten Percent of the Amount .of the~Bid .. ..Dollars M.10% ...... ..) fc,r the payment of which sum weII and truly to be made, the said Principal and the said Surety, bind ourselves. oir heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. State of WHERE.aS, the Principal has submitted a bid for...�aSb..COntraCt No. 9101orktown Avenue....... • .. .. . ....... .. ............_.... Improvements California ICounty C I Los Angeles 1 July 17, 1997 Bonnie Lane (inbefore me. _ __—.... MATO ,NAµE. TITLE OF ,,F=[Ea . r E . JLhE ;OE 'JO:;-FYPJ6t'G'i personally appeared ----Robert A. Gomez_ tNA•: E:St CF S1CF-_ V 51 J personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware sub- scribed to the within instrument and acknowledged to me that helshelthey executed the same in aoWE LANE his/her/their authorized capacity(ies), and that by Conyrizion • 11105609 his/her/their signature(s) on the instrument the Notary Pubic —Carlbrn*3 person(s), or the entity u:Jon behall of which the ii lca Ar.QoW Cotrd ,.$ . '' person(s) acted, executed the instrument. Fry corTrti. Exokcs u v, 2= Witnelsss�my hand and ot,iclal seat. r5E Au rS+GNATURE OF M0 rAR n ATTENTION NOTARY: The information requeved Wow iS OPTIONAL. tt could, howeve-, pro -sent IrauCutent anathment 01 CAPACITY CLAIMED BY SIGNER(S) INOIV'.DUAL(S) OFFICER(S) PARTNER(S) X. ATTORNEY IPI FACT ,r TRUSTEE(S) M GUARDIANIMISERVATOR OTHER. SIGNER IS REPRESENTING: jNAh.l OF PEASOPA133 OR EN D F*ftri S-I Los Angeles Engineering, tr,is certificate to any unauthorrjeO Cocument THIS CERTIFICATE a MUST BE ATTACHED or Type of Document �LS1 TO T HE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ' ALL PTTRPOSE STATE OF CALIFORNIA ) CCUNTY OF Us 8ngelps) on July 17,1997 before me, AdairRj U R , personally appeared ar reC cengas c , X personally known to me; or proved to me on the basis of satisfactory evidence to be .he person(j) whose name(a) is/ar= subscribed to the within instrument and acknowledged to me that he/shae xUtzeyx executed the same in his/kg=Agko"x authorized capacity (igx4 , and that by riffs/ iclt ?�c CFC signature (s) on the instrument the persona) or the entity upon behalf or which the person(*) acted, executed the instrument. WITNESS my hand and official seal.•••••••••••••••••••••••""•••••'•••� (SEAL) - r� R. LANCE ADAS rokjrA. # {106675 a S ;_ _y pr.TAPYPUEVC-CAMP" S 2 to$ AnGELEs COUNTY 2 My Cam. Eryires J0124. 2000 Signature Of Notary Public •.•.- ��•�••sue••••••••••••••••••••••••••••• CAPACITY CLAIMED BY SIGNER: Trough statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited General _ X Attorney -in -Fact Trustee(s) Guardian/Conservator Other: _ - Surety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional," it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE :P'.:r.fornr%3An0. 1;(rev I'll?) p a 1urnr'•+rkzww1y;rcv 1::4:1 �"l NATIONAL INS UPANCECO. Vt'A.MM 4333 lSsooilya Aveaua N.li 3sapl6'WA9StOS BID BOND I'.NOW ALL BY TIIESE PRESEI�'TS, That wo, GMC Enlerprises of P.O. Box 3217, Tustin, CA 92681-3217 (Leralaafter called the Principal), as principal, and FIRST NATIONAL , itANCE W. OF AMEMCA, of SutM, Wuhington, a corporafl= duty ergaolzed antler the laws of the State of Weahiagtnn as &uety, hereinafter eallad the Surety, are hold and firmly bound unto the City of Huntington Beach (hereiaaftar salted tho Obliges) is the ponal suta of Ten Percent of the Total Amount Bid --- Dolfua($-- 10%---------) far the payment of whkh the Priodpot end the Surety brad ihamselvas, their heirs, executors, sd.-nus atcre, wccomors and assigns, jointly and morally, firstly by th oe prteento, THE CONDITION OF THIS OBLIOATION IS SUCH, That Whereu, the Principal h" submitted or k about to eubmlt it proposal to the Obllgeo on a coatract for Yorktown Avenue Improvements NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal ahslt, wILhln such tlme as pray be specified, eater lato the coatratt In writing, wed give bond, if bond la required, with surety acceptable to the Wig" fx the faithful performance of the said Contract, then thlo obliEation ehall be cold; otherwise to mmoin to full force and effect. Signed and amW Wa 9th day of July , 1;97 GWLC Enterprises (Seal) Principal � title FIRST NATIONAL INSURANCE COMPANY OF AMrMCA By /.l"elfrey R. Gryde Altorney-iz-taci t-a;pa.Tr W94 POWER OF sNXbO 1 S. RE��'Y €€ ATTORNEY FIRST NATIONALINSURAN CECO.OF AMERICA 4333Broabd) itAvenue N.E. Sea de,WA 91103 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLVN AVE NE SEATTLE. WASHINGTON 00105 No. 9392 That FIRST NATIONAL INSURANCE COMPAMf OF AMERICA, a Washington corporation, does hereby appoint •— 6-4806a9rr09—jEFFREY R. GRYDE, San Clemente. CallfOrnla���r�rrrrr����rr�����sr�rr���s�■ its true and Lawful attorneys) -in -fact, with full authority to execute on behalf of the Corrtpary fidelity and surety bonds or undertakings and other Documents of a Similar character issued by the Company In the course of its business, and to bind FIRST NATIONAL INSURANCE: COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regutarty elected officers at Its horns office. IN WITNES-T WHEREOF. FIRST NATIONAL iNSLMANCE COMPANY OF AMERICA has executed and attested these presents this 12th day of November . 1$ 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 aapointed for that purpose by the officer In charge of surety operations, shalt each have authority to appoint individuals as attorneys -in -fact or under other appropriate fitles with authority to execute on behalf of the company fidelity and suety bonds and cther docunents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appoir7ment, the signatures may be affixed by facsirnite. On any instrument conferring such authority or on any bond or undertaking Of the corv-3any, 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 insirtrnent or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. 0) The provisions of Article V. Section 13 of the By -Laws. and 60 A Copy of the power -of -attorney appointment, executed pursuant thereto, and NO Certifying that said power -of -attorney appointment Is in full force and effect. 1-4 signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof' L R. A. Pie•son, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the Sy -Laws and of a Resolution of the Board of Directors of this corporatiom and of a Powe' of Attorney issued pursuant thereto. are true an3 correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. 1-4 WITNESS WHEREOF, I have hereunto set filly hand and affixed the facsemle seal of said corporation this 9th day of July . 19 97 S-Ieae.rtP 744 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 9, 1997 before me, Patrice Zeis, Notary Public CATS NAME. TITLE OF CFFICER • E.G., JA.YE OCE. NOTARY PV8 7 personalty appeared Jeffrey R. Gryde NAMES) OF SIGNERISI ® personally known to me-x�[>�r1kiX71cb4��Si��X�4?43Ee to be the personM whose nameM is&X11 subscribed to the within Instrument and ac- knowledged to me that he/XKXMW executed the same In hisMUMMY authorized PATRICEZEIS capacity XX� and that by hiSMXd4rXPfMr CC -: C0M.%4.jr10:1tt95 ; signatureot) on the instrument the personl)6), 4 � Km ►ulk Ceirerria y, or the entity upon behalf of which the personM acted, executed the Instrument. WITNESS my hand and official seal. u S NATVRE OF TARY OPTIONAL Na 690 Though the data below Is not required by law, It may prove valuable to persons relying on the document and cou'd prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL. ❑ CORPORATE OFFICER Trims) ❑ PARTNER(S) ❑ LimrrED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(SI ❑ GUAADMICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PER90 O) OR ENTrTY(JES) DESCRIPTION OFATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIAT1011.8236 Rommel Ave P.O. Box 7184-C6n0Q* ?ark. CA 9130-71 e,l rn CHUB"ROUP OF INSURAN� COMPANIES . 1 tC;1-11UE313 15 A ounlain View 13uad, I' U Rux 1615. Wdlivn, New jwsvy 0,1061-I615 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount S Know All Men By These Presents, That we, PALP INC. DBA EXCEL PAVING COMPANY (hereinafter called the Principal), a: Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under th 3 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 ;he sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars (S 10Z ), for the payment of which we, the said Principal and the said Surety, bind ourselves, OL-r heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Scaled with our seals and dated this 1 ST day of JULY A.D. nineteen hundred and 97 WHEREAS, the Principal has submitted a bid, dated JULY 17 .19 97 for YORKTOWN AVENUE L*tFROVEMENTS FROM VASILE CIRCLE TO COLDWATER LANE (CC 910) 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 wi-h 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 difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may le.3ally 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 PAVING COMPANY Principal By: FEDERAL INSURANCE COMPANY DOUGLAS;'A. RAPP ATTORK. IN FACT Fc'm 15-02-0002 (Aev.4.90) U V ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On gg., before me, Christine M. Rapp, Notary Public ate Name,TitleorOMcer-e.g."Jane Doe, Notary Public" personally appeared nntlgl n n A- Rnp= NAmes(s) of signer(s) personally known to me or Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ' acknowledged to me that he/she/they executed the same in hislher/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, CHRISTINE I.I. PAPP t Comm.t 1102778 ,n pa, M, clomnjyrt�s 1. Signature of Notary f ATTENTION NOTARY: Although the Information requested below is OPTIONAI , it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) Corporate Officer(s) Title(s) SIGNER 1S REPRESENTING: Name of persons or entity(les) _Partner(s) _Attorney -in -Fact _Other .k.) QI POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ M59 (908) SM2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation. has constituted and appointed, and does heretxy constitute and appoint Douglas A. Rapp and Linda D.' Coats of Laguna Hills, California----------------------------------------------------------------------- each its true and lawful Attomeyin-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 16 such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof. including those required or permitted under the taws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village. Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; lease bonds. Workers' Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. a Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof. no said FEDERAL INSURANCE COMPANY has, pursuant to its By-laws, 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 Kenneth C: Wendel Assistant Secretary STATE OF NEW JERSEY � as County of Somerset FEDERAL INSURANCE COMPANY BY 9:�� A Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. the corporation described In and which executed the foregcing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seat affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the Bylaws 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 4 .Ail PL'L•LC -W&-0«a Acknowledged and Sworn to before me on the date above written. J Notary Public )ry Pectic, S:kta of 1h, kss.y Ho. 2V!352'3 C*'t ++fa>a 0a*t*r 2. 1"4 FWM 1S10d134 Pw. -&*M GENERAL P"NIM0 IA Ss67� rsoo) UrA Z State of CALIFORNIA County of LOS ANGELES On JUL 17 IS97 before me,Celeste A. Graham, Notary Public (DATE) 1NAME/TITLE Of OFFICERi.e.'JANE DOE, NOTARY PUBLIC'! personally appeared Palp Inc. DBA Excel Paving Company INAMEISI OF SIGNERISII by C.P. Brown President EU 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 I CELESTE A. GRAHAM within instrument and r - acknowledged to me that r`vi "SOM77 �" he/she/they executed the J � same in his/her/their l t= 0242& authorized capacity(ies), MY rowhystfow 0"PI--s-nXV 39i 1997 and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (SEAL) Witness my hand and official seal. 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 Tale or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signeolsl Other Than Named Above RIGHT THUMSPRINT IOptionsl) V S CAPACITY CLAIMED BY SIGNERIS) QINDNIDUALISj ❑CORPORATE OFFICER(SI ITITIlSI QPARTNERIS) ❑LIMITED OGENERAL OATTORNEY IN FACT QTRUSTEE(SI DGVARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: INsme of Personlal or Enthylisa) RIGHT THUMBPRINT (Optionaq a CAPACITY CLAIMED BY SIGNER(S) OINDIVtOUAL(S) OCORPORATE OFFICERIS) mrusr OPARTNERISI ❑LIMITED OGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: {Name of Person(s) or Entitylies) WOLCOTTS FORM a3240 Rev. 3.94 twice cows+ 8•7A! 9)1994 WOLCOTTS FORMS. INC. ALL PUVOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYA%EPRESENTATIONIEWO FINGERPRINTS J Fireman's Fund C Firemen's Fund Msurance Company * The American Insurance Company D National Surety Corporation O Association lndomnAy Corporation O American Automobh Insurance Company Homo Duties: 777 San Mann Or. Novaro, Californ4t 94M KNOW ALL MEN ]BY THESE PRESENTS: That we. HILLCREST CONTRACTING, INC. BID OR PROPOSAL BOND BOND# 7083400-1 PREMIUM —NIL (harems&a =561 the Prk&,�J. as Principal. and THE AMERICAN INSURANCE COMPANY 11 a cope -Kim cc;,a*ad wd long bvk*u vndw and by virt'ae of ttw Lwa d tt+e Staff tf NEBRASKA , and duty kwzad for 9* purpose of making. gwr&--toeu,q or bacarng %go suety upon bax!3 or undertakko mq*od or a1h4ed by the laws of ttw State of CALIFORNIA as Surety, are h id and firny band urdo CITY OF HUNTINGTON BEACH {horoina�ar also? t1w Cbt'r„ve) it t!w fu3 and just tun of TEN PERCENT OF AMOUNT BID D04-3 ji LOX ) bmM money of the Ned States of Amedm br the parrmt of wt'kkwas and U f to be mad*.wo hweby bird muivas ud our and a ach of out sucaasm and and srverafy, irmn by 1t,ew presents. THE CONDMICN OF IM OBLIGATION tS SUCH rri4T. WFER lS. ft abom bounden Prindpal at akresa;d. is about to hand n and szkmk to tt e Cb%e% a bid a ;npmW fa the YORK70WN AVENUE IMPROVEMENTS CASH CONTRACT 910 in a=dwxo w11 tM plats and gekidons 9ed h the dke :l the Cbr" and undor the notice rrAi V prapcuals lWolor. NOW. VEREFORE.1 ttw bid or prWosaf of said Prin� 91 al ba aacaped. and the aontrad brad wcrk be awardd to ttA Princkai there pon by the Said CVV". W said Pmcipas shalt enter rota a mdract andbond br the carnpieoan of said wok as mq ied by tart, $w tf is obWcn to ba m3 Lid M. * arse to ba and remain in 161 bra and •fled. IN WMTt,MSS W-m-AEOF, said Pewpat ar►d said Suat}r have mud Lase vern4aa to be duty signed :m 14THday ct JULY .199 7 . _HILLCREST CONTRACTING, INC _- 75�T1-S�84,11.t1{ Ijy OT J. SAMBURY-PUSM THE LMERICAN INSURANCE COMPAIr'Y By C j ' DAVID L. CULBERTSON Jl,'tarrxy�rFsct ft M L) CALIFORNIA ALL-PURPOSE ACKNOMMEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 7_14_97 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �taran CrianNr K Ccrnrt+-trio76369 Sign ture of Notary Public (i "'¢'" KOTARYFusLIC CAL�Ga ID •p t - OSA,43E Co;H+T J f COMM. E;P. March 27.2000 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of thin form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TZTXX OR TYPE OF DOCMEWT M&WER OF PAGES 1 DATE OF DOCEWNT 7-14-97 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER:i SIGNER IS REPRESENTING: Tux AMFRTrAw TNsngAhrF. rOMPArrY _ _ NAME OF PERSON(St OR ENTZ:;'{St • CEr ?ERAL POWER OF AMIR. £Y THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation incorporated under the laws of the State or New Jersey on February 20. 1846. and redomesticsted to the State of Nebraska on June 1. 1990, and having its principal office in the City orOmaha. State of Ncbr iska, has made. constituted and appointed, and does by these presents make, constitute and appoint DAVID L. CULBERTS ON, LINDA L. CULBERTSON, DIAITA LASKOWSKI, CHARLES L. FLAKE and KAREN CRA.*IDLER, jointly or severally itsyrrucihtl t3' NI tforncy(s)-in-Fact. with full power and authoritybereby conferred in ice name, place and stead, to execute, seal, acknowledge and deliver any and a' l bonds, undertaking. reeog uzances or other written obligations In the suture thereof—____..—__�__.��.._ and tD, bind the Corporation thereby as fully and to the sarne extent as if such bonds were signed by the President. sealed with the corporate seal of the Corvrat9on and duly attested by iu Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises. This power of attorney is granted pursuant to Article V11, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appofatmeot sadAuthority of Resident Secrrtar9er, Atroraers-fa-Fact and A Tents to acerpl Z41xl Process and Make Appeinaces. Section 4S. Appointment. The Chairman of the Board of Directors, the President. any Vice -President or any other person authorized by the Board of Direc:on, the Chairman of the Board or Directors, the President or any Vice -President may. from time to time. appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and act for and oa behalf of the Corporation and Agents to accept legal proms sod pike appearances for and on behalf of the Corporation. Section 46. Authority The autbority of sucb Resident Assistant 5ecretaria. Attoroey*4o Fact and Agents shall be as prescribed In the tasirumeat evidencing their s ppolatment.Aar such appoiotment sad all authoritygmated thertbymayberevoked at any (lmebytbe Board of Dirtctorsorby anyperson empowered to make such appointment:' 0 This power of attorney Is signed and sealed under and by the authority of the following Resolution adopted by the Board of D•ucctors of THE AMERICAN INSUTANCE COMPANY at a meeting duly called and hdd on the Mst day of July.1984. sod said Resolution has not beta amended or repealed: "RESOLVED. that the signature of any Vice -President, Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of sny power of attorney. or on any certificate relating thereto. by facsimUe. and a :y power of attorney, ary revocation of any power of attorney. or ocrtifieate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN W;TNESS WHEREOF, TH£ A-MERICAN INSURANCE COMPANY has caused these presets to be signed by Its Vice -President. and its corporate seal to be bet^.unto affixed this 24 th day of May , 19 91--- THE AMI:RICAN INSURANCE COMPANY Mae STAT OF CALIFORNIA ( ts. COU14TY OF)►iARIN On the .24th day of Ma 3r , 19 41 ._ before use personally caste _ R. D. Farnsworth to me known. who, being by ate duly sworn, did depose and say: that he is Vice -President of THE A 4ERICAN INSURANCE COMPANY. the Corporation descri:Kd in and which execttzed-the above ltwrument; that he knows the seal of said Corporation. that the seal affixed to th;,—id instrument is such corporate seal; t6iat it was so affixed by order of the Board of Director of said Corporation and that he signed his name thereto by like order. IN WTNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein frst above written. +nssnsetItem sewnstsesnwnreeseensnrssesnfill re so OFFICIAL SEAL. t J. M. VANDEVORT 4 - ROTARY PUBLIC-CALIFORNIA Principal Cifce In Morin County a Mr Camm"Go te{rires Aug. 28.1912 t _ ;�tusns:+mess»win:usnnnlobe tetnslmn um STATL OF CALIFORNIA COU? TY OF MARIN V ter ti��e I, the undersigned. Resident Assistant Secretary of THE A.;iERICAN INSURANCE COMPANY. a NEBRASKA Corporation. DO HEREBY CERTIFY that the for -going and attached POWER OF ATTORNEY remains in full fora and has not been revoked; sad furthermore that Article V11, Sections 45 and 46 of the By -laves of the Corporation. and the Resolution of the Board of Directors•, set forth in the Power of Attorney, arc now in force. Signet! and sealed at the County of Marin. Dated the 14TH day of JULY 19 97 C Randm AamnY[ Smwn ul 36071:-TA-6-90 (REV) State of California County of Riverside On 07/15/97 before me, Sherein Schriner - Notary Public (DATE) (NAMEITITLE OF OFFICER-ie. -JANE DOE, NOTARY PUBLIC') personally appeared Glenn J. Salsbury (NAME(S) OF SIGNER(S)) ® personally known to me -OR- �, �,'�7.n7; Izve(s?co Cam'y f My Cormm bq:kes Aup 27.1999 � �,.+�'--vrc�.••-+ate-•q'"� (SEAL) proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. . SCI�LC.C-Gc,�•-- . (SIGNATURE OF NOTARY) 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 cerificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Bid Bond Number of Pages 1 Date of Document 07/14/97 Signer(s) Other Than Named Above David L. Culbertson RIGHT THUMBPRINT (OPTIONAL) CAPACITY CLAIMED BY SIGNER(S) INDIVIDUAL(S) ® CORPORATE OFFICER President PARTNER(S) LIMITED GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(s) Hillcrest Contracting, Inc. RIGHT THUMBPRINT (OPTIONAL) CAPACITY CLAIMED BY SIGNER(S) INDIVIDUAL(S) CORPORATE OFFICER(S) ❑ PARTNER(S) LIMITED GENERAL ATTORNEY IN FACT TRUSTEE(S) GUARDIANICONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(s) CALIFORNIA ALL-PURPOSYACKNOWLEDGMENT State of County of California San Francisco On July 17,1997 before me, Maureen E. Schmidt,notary public Date Name am Tate of Ofter la g . -Jane Doe. Notary Pudw r personally appeared David G. Harris , Narrols) o+ SvIrts) Upersonally 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 histher/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. o WITNESS my hand and official Seal. 4 C�" ��� GrTm 1C7 S"ture of hotary Pubkc OPTIONAL Though the information below is not required bylaw, it may prove raruable to persons relying on the document and could prevent frat.dulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: David G. Harris ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited C General U Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - r Other: Top 01 thumb here Signer Is Representing: Employers Insurance of ktausau A Mutual Con any Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator 1❑ Other: Signer Is Representing: r y' Top of lhurrb here 0 1 "S NaUxW Notary Assocnaton - 82M Pomp et Ave. P.O Boa 7184 - Canoga Park. CA 91309.718A Prod Na. 5907 Re"f.. Call Tog -Free 14100-876-6827 I CHUB�-6ROUP OF INSURAN COMPANIES i I CI--IUBB IS Mounwin viaw hoad, 1'D Ciux 161S, Wmien, flow Jerswy 01061.1615 FEDERAL INSURANCE COMPANY BID BOND Bend No. Amount $ Know All Men By These Presents, That we, SEQUEL CONTRACTORS. INC. (hereinafter called the Principal), a:• Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under th3 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 ($ 101 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, CUr heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. Sealed with our seals and dated this 1ST day of JULY A.D. nineteen hundred and 97 WHEREAS, the Principal has submitted a bid, dated JULY 17 , 19 97 fo• YORKTOWN AVENUE IMPROVEKENTS (CC-910) NI]UJ, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of th a Principal and the Principal shall enter into a contract with the Obligee In accordance with such bid and give bond wilh 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 difference, 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 fo-mer, then this obligation shall be null and void, otherwise to remain In full force and effect. SEQUEL CONTRACTORS, INC. Principal ' By: Michell W. Ward, President FEDERAL INSURANCE COMPANY By. ��i r . DOU S A. RAPP• ATTORNEY IN FACT Farm 15-02-DW21R*r. 4.90) U ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange 7/1/97 On before me, Christine M. Rapp, Notary Public Date Name, Title of Weer- e.g. "Jane [foe, NotaryPublic" personally appeared Dnt,gl a s A- RApp Names(s) orsigner(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 hiAer/their signatures) 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 sea], 7 CHRISTI,aE M. RAPP Comm.11102778 rn 7 NOTARY PUBLIC-CALIFOX41A N Orarlp Co.Aty Signature or Notary '?" - I,ly Comm. Espies July 9.2000 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent Attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate Officer(s) 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, N.! mg (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 seat to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the follewfng classes. to -wit: 1. Bands and Undertakings (other than Bail Bonds) riled In arty suit, matter or prtoceed;ng In any Court, or filed with arty Sheriff or Magistrate. for the doing or not doing of anything specified In' such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the laws or regulations 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, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors In connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of • March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretory STATE OF NEW JERSEY 1 County of Somerset j FEDERAL INSURANCE COMPANY Q.tdts1 � Gerardo G. Mauriz ' Vice President On this 10th day of March 19 94 . before me personally came Kenneth C. Wendel to me known and by -me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporarion described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed ,,o the foregoing Power of Attorney is such corporate seal 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 e.;~tr�� � w Acknowledged and Sworn to before me on the date above written. tJ Notary Public I+t,� A. �lyQfR X..t tittle. seta of j;, rec"T No. 2r4�J"20 E'; r": OCtaZ*r 2, 1"4 Form 15,XW)i 1 rRar. 10-9M GENERAL MOM L ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles o J UL 4 1 19glore me MICHAEL A. MAHLER. NOTARY PUBLIC Date Name, T1t1e of 0Mctr. e.g. "Jest Dot, Notary Public" personally appeared MilchL,11 i,Ward. President Names(s) orsigner(s) personally known to me or proved to we 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, r — - MICHAEL A MAi•iLEiL COMM. # 113s37s NOTARY FVKK GALV01V- A 6 LOS ANGELES COUNTY N j Fy Com+ti fiq Rprn 24.200 f 1 Signature of Nomry ATTENTION NOTARY: although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE INIUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Humber of Pages Date of Document OPTIONAL SECTIONI CAPACITY CLAIMED BY SIGNER Individual(s) `Corporate OfGcer(s) Tide(s) SIGNER 1S REPRESENTING: Name of persons or entity(ics) �Partner(s) _Attorney_in-Fact _Other SWUEL CONTRACTORS, INC. CIQIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALL 111EN BY T11ESE PRESEN'rS: Thai we, NOBEST INCORPO1tATED BID BOND California: 23172 Plaza Pointe Prive Suite IRS Laguna I lills, CA 92653 (714) 770-9733 (BOO) 274-011C National (714) 770-91i115 FAX Bond No. Premium included in Bid Bond Service Undertaking as Prircipal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle. Washington, a corporation duly crganiLed under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID -nottocxceed -_ _TEN -PERCENT OF THE TOTAL AMOUNT OF THE BID _ Dollars (S— LOX ), 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, firtnly by these presents. WIIEIiEAS,the Principal has submitted bid for YOlU:TOk'N AVENUE IMPROVEMENTS CC 910 NOW, T11EREi=ORE, if the Obligee shall accept the bid of the irincipal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bill anti give such tx►nd or bonds as may be specified in the bidding or contract documents Willi g(xxi and sufficient surety for The faithful performance of such contract and for the prompt payment of labor and material in the prosecution there( r, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Ohlibee the difference not to exceed the penalty hereof between the amour( specified in said bid and such largeraniount for which the Oblige may in good faith contract Willi another party to perform the work covered by said hid, then this obligalitn shall be null and void, uihenvise to rennin in full fierce and effect. Signe:l and sealed this 9TH wilness wiule:ss C32.1- .Ik1A1. S-7S 118717 Rioted n N"ywlaUan ailh da Au1Crkan tnslilul¢ air Anhiieds (AIA) by Cuntrx•no Bru"lin; anJ huutawe Ce"nluny. 1Le lanyuape in This d4wWne111 am6Knn nsxtly to 1W I�npna(a uwd in AIA llkwunwnt A•110. Rimmiry 197111°ulilim Hail day of DULY A.D. 19 97 INCOKPROATED PriNipal Surety: ontraetur(Indiylg and Insurance Company By Tide: LINDA D.. COATS Allorney-in- act (Seal) nndl-11111 (12 CAIIINNI �ALIFOFIHIA ALL-PURPOSE ACICHOVJ MMTENT 1a. swl State of _ - rat ; f; r-ni - _ County of Orange On ) Ll -7u L_'w 97 before me, David E. Poo_le No DALE I hAIM. IIILE t.r OFF itI r1 • E G.'JM.E WE. IMAM PueLrC- personally appeared Larry Nodland 11A1d( IS101 51id.Filtsl FAI 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 DAYiU E. POOLE the same in his/her/their authorized Commision#1142095 r" capacity(ies), and that by his/herltheir Notar Public - California �r.;�-� y �, signature(s) on the instrument the person(s), `�4 k'y�:orn[nEORANc1le;Jun1GE 42C01 or the entity upon behalf of which the 4 person(s) acted, executed the instrument. Mjhand and official seal. S,I;u�[uF.EGi uolAlir �..: OPTIONAL Though the data below is not required by law, it may prove valuable to poisons tulying cn ilia document and cuuld prevent fraudulent reattachment of this forin. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER President 111LE151 ❑ PARTNCR(S) ❑ LIMITED ❑ GENEnAL ❑ ATTORNEY-114-FACT ❑ TRUSTEE(S) ❑ GVARDIAWCONSERVATOR ❑ OTftER: _ SIGNER IS REPRESENTING: N MAE OF PER501+IS1 ORE N M rljr S1 DESCRIPTION OF ATTACHED DOCUME11T TITLE On TYPE OF DOCUME-1-IT IIUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) UTHEn TI IAN NAMED ABOVE 01993 NAl IOUAL NOTAar ASSOCtA11Orr • d23u 11vin el Ave.. 1' O. Flax 710•1 • Caneya Paris CA a 130.71E 1 ALL-PURPOSE ACKNOWLEIDCMI+ NT SIItte 11f Call 1rnrnlu comity or l,lls Angcic4 (111 7/9/97 before tale, MIRZSTOPH?R J, c'.flATS Ilcie Nuue,'rhlearnlllecr-c.c. "Jo etc 1t"e, Nnhrypuhlie" 11co-wunlly 111tIletlrc,l IJNDA D. WA'1'S•. N+I"Ics(s) III IrrCrse to) 1lcr mmily ltliomi In site or proved it) me on the llnsis of anllstnclory evilletice to lie Ilse person(s) whose unme(s) Ishire subscribed to tfte within instrument and nchnowledged to Ilse flan( lie/shchhey executed the same In lifsllicrAlteir authorized copacity(les), and flint lly lils/licrAlteir algnattare(s) at+ (lie hudrnntent the perann(s), or file entify on Itchnlrorwhlch Ilse person(s) acted, execuled the Instrument. Wltuess Illy hand And nrrici)ll sent, CHRISTOPHER J. CCATS COMM. if 1103462 cr �� • ' . NOTARY PUBLIC CALIFORNIA M Q ORMCE COLINly N C Es,x,y 15.2�0.7 A'1`1'F.N rION N(1'I'AIM Allh"nzh the lof"nuall"u requerled I►dnw Is 011'1'IONAI.. it euuld prereul frAIII11tleul sMachuteal of thts cerllneele to uu*aHkarlcal dacauneals. '1'I IIS C:1CICI'lt' WA'1'It 611IS*I' 11C AVI'A(:IIUI1 '1'fl'1'111t II0C11I11ICN'1' tt1t.8Gtttnt_111 A'r ttt(:IUI't '1'lile nr'I'yve of Ilociwnetit Nimilicr of lljoCcs Mile or Iluemueut (:A1'AC:1'1'V C:1.AIA11:1) IIV SIGNI31t �lBill IV111ual(s) orriccr(s) '1 Iilcl�) SIGNER IS Ills1"IMSr.N'1'ING: Name ur persnui or cutlly(Ics) _1`41rtocr(s) _Allorncy-lit-Iruct '3 LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On or After: April 30, 1999 Number: 525783 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. if a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond Is of the type indicated below, and is valid only if the bond 1s executed on or before the date indicated above. KNOW ALL MEN BY THESE PRESENTS, that the Company'does hereby•make, constitute.'_ and appoint .the following:~ DOUGLAS-_A.= RAPP_Fand =LXNDA. D. COATS its true . and lawful Attorneys) -in -Fact, with} full_p- and=authority hereby conferred in , its name, place and stead, to executer, -acknowledQe'aad_delivez;-(1) SBA _- guaranteed performance and payment" bond snot -exceeding -the penal sum of $1,250,000; (2) bid bondsjfor jobs'where,'if the contract is awarded, theSBA guaranteed performance and/or payment`bond(s)- will -not`exceed .$1,a50,000f_--(3) all other bonds coded or classified by the Surety Association'of Am.erica'.Manual' of Rules, Procedures and Classification for Fidelity /Forgery and Surety Bonds" (including future amendments thereto) as Judicial, Contract (excluding bid: bonds), Miscellaneous, r License an_d.Permit;-And Federal not exceeding the penal. sum of $3,S00,000; (4)'bid'bonds`for jobs written pursuant to the authority in-` clause (3) above where,:if the contract is -.awarded; the performance and/or payment bond(n) will not 'exceed $3;S001000V_(5)-all other bonds.not exceeding': the penal sum of•$500,000j'aad (6)-consants _rsleases_.and other similar documents required by an obligee under a contract bonded by the Company._ This appointment is made under the authority of the Board of Directors'of the= Company.----,------------------------------------------------=--.------- ------ ------ ------ '7�74- - t- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington Corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BID BOND Signed and sealed this 9TH CBIC e 1213 Valley Street - P. (206) 622-7053 - (800) 765-C' J[ILY 19 97 Kevin L. Ly'beck, Secretary ox 9271 - Seattle, IVA 98109-0271 (National) - (206) 382-9623 FAX PoaLP0A.02-L:5031296 f K Wausau i --: Insurance Companies A Nit,mbe+ of the Nationwide"Group Bid or Proposal Bond KNOW ALL MEN BY THESE PRESENTS: That We. Gueno Development Company,Inc. y eorrest+ondence in relation to this d",hZIM should be directccl to: BOND DEPT WAUSAU INSURANCE COMPANIES PO BOX 8017 WAUSAU WI S4402-8017 (hereinafter called the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized and doing business under and by virtue of tl}c laws of the State of Wisconsin, 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 as Surety, are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee) in the just and full sum of Ten percent _ o_ the amount Dollars (S "`---r-- ) lawfA 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, executors, administrators and each of our successors and assigns, jointly and severally, firnily by these presents. THE CONDITION OF THIS OBLIGA77ON IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the Yorktown Avenue Improvements from Vasile Circle to Coldwater Lane Cash Contract No. 910 Federal Project No. STPLH-5181(021) in the City of Huntington Beach in ao:ordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. 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 U17NESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 17th day Of July .19 97 S00014 01-92 Gueno Development Company,Inr-. (Pr' ;PSI) (Sea[} BV ANDRE J. G ENO, PRESIDENT EMPLOYERS NSUR ICE OF WAUSAU A Autua[ Company ty (Seal} By (Attorney -in - David G. Harris 0 Z Z Y Z_ w cc Z Inc Q to tZ a Q H O Z to tt.l O F- Z w 2 u� Q t•- (A to F- w } w Z cc O Q w O tr w O a a h O Z to Z F- EMPLMERS,4SURANCE OF WAUSAU A�.jutua! Company POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALLMENTBY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin. and having its principal office in the City of Wausau. County of Marathon. State of Wisconsin. has made, constituted and appointed. and does by these presents make. constitute and appoint DAVID G. EARRISz JOHN J._CASEY _ SWAN LEE, R. A. BASS its true and lawful attorney-in•fact, with full power and authority hereby conferred in its name. place and stead, to execute. seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN- TEES OR IN THE NATURE THEREAFTER -------------------------------------------- an to the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May.1973. which resolution is still in effect: "RESOLVED, that the President and any Vice President— elective or appointive —of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be. and that each or any of them hereby is. authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company maybe affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power ofattorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached" IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary. and its corporate seal to be hereto affixed this 1ST day of FEBRUARY .19 97. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company HAV By J. Stephen Ryan Attest: /j /!_ �r�— R. J.136teman " Assistant Secretary STATE OF WISCONSIN ) ) as. COUNTY OF MARATHON ) Vice President On this ISZ—day of _ _FEBRUARY — 19 97 _ before me personally came J. Stephen Ryan to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany. the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that be signed his name thereto by like order. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written. Patricia A. Herdina Notary Public NOTARY PUBLIC STATE OF WISCONSIN 0-- h1Y CONLNIISSION EXPIRES MAY 24,1998rrD'rJrirATL• STATE OF WISCONSIN ) CITY OF WAUSAU COUNTY OF MARATHON' ) 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation. do hereby certify that the foregoing and attached power of attorney. Wit ICH MUST CONTAI N A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK. remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau. Marathon County, State of Wisconsin. this 17th day /I // � Of July 19 97 � -- �w•«.�.: R. J. Besteman .SEAL r� Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY. CALLTOLL FREE (Boo) 826-1661.11% WISCONSIN. CALL (SM) 472-0041) S 15-4222-1 09-96 ► , �-) S E C T I O N A GCo. 4o 41aJ97, 715197 d. 7 1,blg7 r 97 NOTICE INVITING SEALED BIDS yrlp-- for the YORKTOWN AVENUE IMPROVEMENTS Vasile Circle to Coldivater Lane CASH CONTRACT No. 910 FEDERAL PROJECT NO. STPLII-5181(021) in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on JULY 17, 1997. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $ 40.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice -%N ill incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY K711 deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the p.-ovisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be affcrded fill opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, naticnal origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-t r The bid must be accompaL-. by a certified check, cashiers che�gt or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class at the time of the bid opening. The successful dontractor and his subcontractors will be required to possess business licenses from the AGENCY, The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the loth day of XM 1997. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 bPW 1 CTtY OF HUNTINGTON BEAC MEETING DATE: June 16,1997 DEPARTMENT ID NUMBER: PW 97-032 Council/Agency Meeting Held: 619 7 Deferred/Continued to: Q Ap raved ❑Conditionally Ap aved Q Denied ... City Crdrk's Signature Council Meeting Date: .tune 16, 1997 Department ID Number. PW 97-032 CITY OF HUNTINGTON BEACH z REQUEST FOR COUNCIL ACTION tT v ^ ,� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS to F-4 r 1 SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator 1 r PREPARED BY: OOLES M. JONES 11, Director of Public Works' D SUBJECT: Yorktown Avenue Vertical Realignment, CC-910; Authorization to Advertise Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachrrient(s) Q Statement of Issue: Plans and specifications for the improvement of Yorktown Avenue from Vasile Circle to Coldwater Lane are complete and ready for Council approval and project bidding. Funding Source: The Federal Hazard Elimination Safety (HES) Program has allocated Federal funds totalling $355,500 for the project. A local match of $76,000 is required. The estimated cost is $431,500, including anticipated change orders and supplementals. Therefore, S76,000 should be appropriated from the undesignated Measure "M" fund balance to this project. , Recommended Action: 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the construction of Yorktown Avenue Vertical Realignment, CC-910, contingent upon Caltrans approval of the plans, specifications and estimate; and 2. Approve the appropriation of $76,000 from the undesignated Measure "M" fund balance to this project; and 3. Approve the attached sample construction contract subject to award of the contract to the Council approved lowest responsible/responsive bidder. Altematiy_e_Actiontsl: Deny authorization to proceed with the contract bid and forego the HES Grant. 0025115.01 2- 05/27l9710:04 AM AUTHOR: KATOD R�dUEST FOR COUNCIL ACTI&V MEETING DATE: June 16,1997 DEPARTMENT ID NUMBER: PW 97-032 Analysis: At the Public Works Commission Meeting of April 16,1997, this item was voted unanimously for recommendation to the City Council authorizing advertising of this project for construction. This project removes a potentially unsafe grade separation on Yorktown Avenue east of Beach Boulevard. The project is approximately 950 feet long, starting 925 feet east of Beach Boulevard and extends to 1,876 feet to the east. The project modifies the elevation of the north side of the street to match the south side. The project involves the construction of street and storm drain improvements in addition to the construction of a retaining wall, all on the north side of Yorktown Avenue. Environmental Status: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Attachment(s)• 1. Project location map 2. Sample contract 3. Fiscal Impact Statement 0025115.01 -3- AUTHOR: KATOD 06/03/97 9:00 AM G YORK TOWN A VENUE VASILE CIRCLE TO C COLDWATER LAME H.E.S./CC-910 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WCRKS C: N.T.S. 'Jj r 0\9rCLu.Dwc m IN SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT EETWEEN THE CITY OF HUNTINGTON BEACH AND 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 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE. HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 26. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON -ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 47. ENTIRETY 21 SAMPLE klautotext&l /97 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE YORKTOWN AVENUE IMPROVEMENTS FROM VASILE CIRCLE TO COLDWATER LANE THIS AGREEMENT is made and entered into on this day of , 1997, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the Yorktown Avenue improvements from Vasile Circle to Coldwater Lane, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, 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 connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 1 SAMPLE klaukotexV511197 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 of 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 1994 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Souther California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE ktautote*V1197 �.r0 D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion Within (�� days from the execution of this Agreement by CITY, excluding delays provided for herein. 3 SAMPLE WautoteA 511197 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 al1 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 conditions 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 on 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not 4 SAMPLE klautoteAVI/97 IN 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 site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to 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, fumish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials fum:shed. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any insta'lation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or 5 SAMPLE klautoteA&1197 �.0) Items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the Califomia Govemment Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by Califomia Labor Code Sections 1771 and 1774. In accordance ►Mth the provisions of Section 3700 cf the Califomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 6 SAMPLE klautoteAr:41127 13. CALIFORNIA EIGHT -HOUR LAW Califomia Labor Code, Sections 1810 of seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with Califomia Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of Califomia Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16, EMPLOYMENT OF APPRENTICES Section 1777.5 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this p. 7 SAMPLE klautotexWI /97 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of Calrfomia Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. 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 workinglcalendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($___„) per day for each and every working day's delay in completing the 8 SAMPLE k'autotext fl/97 work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fa--t 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 by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in venting to CITY within fifteen (15) days of the commencement of such delay. 9 SAMPLE k/a0oteA&1197 U No claim for additional compensa`.ion or damages for delays, irrespective of the cause therecf, 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. 20 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 pe.formed under this Agreement. The DPW shall promptly investigate the conditions end if it finds that such conditions to 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. 21. 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 10 SAMPLE klautatexml/97 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 fact and circumstances, order an equitable adjustment, upwards or downwards. in payment to the CONTRACTOR where the actual quantiles used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment. if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in 11 SAMPLE kla dotex=197 the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FINDS. 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. 24. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, 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. 25. 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. 26. 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 12 SAMPLE ktautotext511l97 �l which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code Section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, 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: 13 SAMPLE Wat tateXMl197 V �j 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 CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a `deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE: ADDITIONAL_ INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject t3 approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: I. 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 similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the fcregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original 14 SAMPLE klautotexVSIM7 V or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. 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 (1 of 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 15 SAMPLE WautoteA 511197 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. 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 Califomia Govemment Code Sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out cf the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. 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. 16 SAMPLE WautotexW1197 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are lncorpora•.ed herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 17 SAMPLE k/autotexW1197 40. E UAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable_ 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 18 SAMPLE klautotextIW1187 V 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. 19 SAMPLE k/autote)dl5 MT V (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports a.id forms that may be required in accordance therewith. 46. 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 service expenses incurred by CONTRACTOR. 20 SAMPLE klautoteAV1197 47. ATTORNEY 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 fees. 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (cirde one) Chairman/President/Vice President Mayor AND ATTEST: By: print name City Clerk ITS: (cfrde one) Secretary/Chief Financial Officer/Asst Secretary -Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorney City Administrator INITIATED AND APPROVED: Director of Public Works 21 SAMPLE K/AU70TIXT/4,S'97 A AC M N 3 0019517.01 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Michael T. Uberuaga, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: FIS 97- 34 Yorktown Avenue Vertical Realignment - Authorization to Advertise Date: April 29, 1997 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the Yorktown Avenue Vertical Realignment - Authorization to Advertise. If the City Council approves this request, the estimated unreserved, undesignated fund balance of the Measure M Fund will be reduced to $2,444,0Q0. _ _ 7' _ Robert J. Franz, Deputy City Administra �or V Council/Agency Meeting Held:1�/V/ - Deferred/Continued to:&&.g14 - XApproved O Conditionally Approved ❑ Denied City Clerk's Sign ture Council Meeting Date: 10/16/95 Department ID Number: 95-069 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini PREPARED B,:, LES M. JONES II, Director of Public Works �--- SUBJECT: Yorktown East from Vasile Circle to Coldwater La C-910: Authorization to Advertise Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, ttachmenf( Statement of issue: Plans and specifications for the improvement of Yorktown Avenue from Vasile Circle to Coldwater Lane are complete and ready for Council approval and project bidding. Funding Source: The Federal Hazard Elimination Safety (HES) Program has allocated Federal funds totalling $288,000. A local match of $40,000 is budgeted in the F.Y. 95/96 Gas Tax Budget. Recommended Action: 1. Authorize the Director of Public Works to solicit bids for the construction of Yorktown East of Beach Boulevard, CC-910, contingent upon Cattrans approval of the plans, specifications and estimate; and 2. Approve the attached sample construction contract subject to award of the contract to the Council approved lowest responsive bidder. Altemative Action(s): Deny authorization to proceed with the contract bid and forego the HES Grant. REVJEST FOR COUNCIL ACTION" MEETING DATE: 10116195 DEPARTMENT ID NUMBER: 95-069 Analysis: This project removes a potentially unsafe grade separation on Yorktown Avenue east of Beach Boulevard. The project is approximately 950 feet long, starting 925 feet east of Beach Boulevard and extends to 1,875 feet to the east. The project modifies the elevation of the north side of the street to match the south side. The project involves the construction of street and storm drain improvements in addition to the construction of a retaining wall, all on the north side of Yorktown Avenue. The engineer's estimate for this project is $314,000. Environmental Status: The City Planning Department has reviewed this project and determined it to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Attachmenttsl: 1. Project location map 2. Sample contract DK:AAF 0014661.01 -2- 10/03/95 11:43 AM A 9/-i9/95 S` m 1� BOLSA AVE. O Et W to Vto IVC FADDEN V�1 xEDINCER Ln AVE. x z a a � N � o q aHEIL v a � 3w a AVE. in Of z z a z CC? V~Ii 0. aQtol a WARNER 'A �''' . i AVE. N.T.S. SLATER JAVE. I r (9, ,a TALBERT AVE. 9n PACIFIC JAVE. ELMS I CARFIELD1Y AVE. EnN AVE. V1 C", t3' ADAIfS AVE. V � INDIANAPOLIS AVE. Y YORK TOWN A b'ENUE z a a p Q VASiLE TO COLDWATER TLiNTA U N AVE. CC-910 Z a w HAMILTOI AVE. OCEAN y�Y}. BANNING • AVE. PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS } FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR YORKTOWN AVENUE STREET IMPROVEMENTS (CC 910) THIS AGREEMENT is made and entered Into on this day of , 19 , by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Yorktown Avenue Street Improvements (CC-910) In the City of Huntington Beach, Califomia; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, 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 connected with the work, including, but not limited to, all expenses Incurred by or In consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work SAMPLE 3.'k mMvwn=M 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 of 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 1994 edition of Standard SDecifications for Public Works Construction, published by Builders News, Inc, 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 SAMPLE 3Vyo M0*T 19PVM Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "Al: E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated In the plans or Indicated In the plans and not mentioned in the specifications, shall be of like effect as if Indicated and mentioned In both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be Immediately submitted by CONTRACTOR to the Department of public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which Is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars (S ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENLOF PROJECT CONTRACTOR agrees to commence the PROJECT 0thin ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT 3 SAMPLE UtyWown'9l M5 to completion within two hundred (200) caiendartworking days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecution of its work in conformance with the progress schedule set forth in the 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 conditions 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 on 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, fumish 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 SAMPLE 3VY0r1d&M 19V 9S V 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 site will be available on the date the Notice to Proceed Is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. 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 (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 5 SAMPLE S. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including; but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices In accordance with the California Govemment Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees'to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 SAMPLE 3 Wyor mnl91VM dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing Yrage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW Califomia Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in Califomia Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, In accordance with Califomia Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW PENALTY Pursuant to this Agreement and in accordance with Cafifomia Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during %%bich such worker is required or permitted to work more than eight (8) hours In any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of Cafifomia Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Cafifomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Cafifomia Labor Code, regarding the employment of apprentices, Is applicable to this p. 7 SAMPLE &VpvMmxA27M V .17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of Califomra Labor Code Section 1776. in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, Impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars B _ SAMPLE Wklyor 0MV9WM5 V ($ _ , ) per day for each and every working days delay in completing the work in excess of the number of workinglealendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amcunt thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, Including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of 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 by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein foxed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or 9 SAMPLE 31kl OdownMMS v extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim 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. 20 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 to 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. 21. 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 10 SAMPLE 311c1yorlRown19R7195 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 fact and circumstances, order an equitable adjustment, upwards or downwards. In payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are In variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase In the time necessary for completion. the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. 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. "'hen CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule. and If the DPW finds that satisfactory progress has been and is being made. the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW. less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW. affirming that the work for which payment is demanded 17 SAMPLE a�ry�ao�grnfss has been performed In accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. 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. 24. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, 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. 25. 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 26. 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 12 SAMPLE 3,%"rMWnrs VM undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence. sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shalt be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to Cafifomia 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. 28. 1NSURANQE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily Injury, property damage, products/completed operations, and blanket contractual liability. Said Insurance shall also include automotive bodily injury and property 13 SAMPLE 3'icW f WftSr2 M ME damage liability insurance. All Insurance shall be underwritten by insurance companies In forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance In full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage Is provided under a form which Includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage. CONTRACTOR shall Immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. J 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy Is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 SAMPLE 31kly0WMnr9=W pay, in a prompt and timely manner. the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's Insurance policies, naming the CITY, Its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. 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. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 15 SAMPLE 3JkJyorRto MS677W 32. NOWASSIGNABILITY 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. 33. 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 Califomia Govemment Code Sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for In the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. 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. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, 16 SAMPLE 31klp ddawnl912 M dd modify, amplify or aid In the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement Is being executed is being assisted by the United States of America. Several contract provisions embodied herein are Included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis - Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION. MINORITIESALIENS CONTRACTOR shall not discriminate nor allow Its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity,` and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 SAMPLE uwmawrawm CONTRACTOR Is required to have an affirmative action plan which declares that It does not discriminate on the basis of race, color, religion. creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance In employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from Including, by any means, any person employed in the construction, completion, or repair of public work. to give up any part of the compensation to which he Is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as 18 'SAMPLE 3WprMaawnl9WM supplemented by Department of Labor regulations (29 CFR, part 5). Under Section '103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work In excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-M times the basic rate of pay for all hours worked in excess of eight (8) hours In any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous. or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder.. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. 19 SAMPLE 3.'k4wMowrt'9127M (d) ' The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ' ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required In accordance therewith. 46. 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 service expenses incurred by CONTRACTOR. 47. ATTORNEYS 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. ' 20 SAMPLE 31klyoriRovvrV9127195 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. CONTRACTOR By: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California print name ITS: (arch one) Chairman/President/Vice President Mayor By: APPROVED AS TO FORM: print name ITS: (arcl© one) Secretary/Chief Financial City Attorney 2$' f Officer/Asst. Secretary -Treasurer ��(( `�S S ATTEST: City Clerk ROVED: City Administrator INITIATED AND APPROVED: Director of Public Works 29 SAMPLE 3WprM wn5r1 M