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HomeMy WebLinkAboutJ & B KOVAC ENGINEERING - 1994-11-211�4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION NUMVwcTOH.EACH TO: FROM: SUBJECT: DATE: THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records 10% RETENTION PAYMENT PrAA SC r. -,-:!) I S ` E, qo,_C_� 3,_�k <�-, 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 10040 retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. AN T.V1 Lam, Director of Finance l certify that no stop notices are on Inio'n the subject at this time. Date: LES JONES, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. 4 Date: %Y fL CONNIE BROCKWAY, City Cl k I certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 03/1419512:57 PM Li'l & ChY OF HUNTiNGTON"`ng'EACH PUBLIC WORKS DEPARTMENT 04URMNGFON MACH INTER -DEPARTMENT COMMUNICATION TO: Wayne Lee Accounting Officer/Finance FROM: Don Noble Maintenance Operations Manager DATE: October 31, 1995 SUBJECT: REQUEST FOR RELEASE OF RETENTION FUNDS; MSC #375 On October 16, 1995 City Council accepted the construction of improvements per MSC #375. On October 16, 1995 the City Council filed the Notice of Completion for this project. The subsequent 35 day waiting period, for the release of retention funds, has been rret. Therefore, it is requested that Finance prepare a check in the amount of $46,723.69 per the following payment summary. Total Retention Funds Withheld $46,233.69 Less Previously Released -0- Subtotal $ 46,723.69 Balance Due $ 46,723.69 Don Noble Maintenance Operations Manager DN:bh Attachment: RCA of Acceptance Notice of Completion cc: Don Blackman, Inspector progress.ret k"'' KOVAC INC. GENERAL ENGINEERING CONTRACTOR LICENSE # 692786 9272 CLOUDHAVEN DRIVE HUNTINGTON BEACH, CA 92646-4734 (714) 964-4856 (714) 964-1111 FAX INVOICE #105 JOB # 95-01 DATE 9/13195 TO: City of Huntington Beach P.O. Box 190 17371 Gothard St. Huntington Beach, Ca. 92648 Scope of work completed to date: MSC - 375 P.O. #218094 ITEM NO. JOB DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT 1 Remove/Dispose of Parkway trees 116.0 EA. $220.00 S25,520.00 2 Install Root Barrier 168.0 EA. $80.00 $13,440.00 3 Remove/Dis ose of C & G 10.353.5 L.F. $5.00 S51,767.50 4 Remove/Dispose of Driveway 28.350.5 S.F. $1.00 $28,350.50 5 Remove/Dispose of Sidewalk 32,718.0 S.F. $1.00 $32,718.00 6 Remove/Dispose of AC 28,628.0 S.F. $1.00 S28.628.00 7 Construct PCC C & G 9,904.0 L.F. $9.00 $89.136.00 8 Construct PCC Oriveway 27,869.6 S.F. $2.00 $55.739.00 9 Construct PCC Sidewalk 26,920.0 S.F. $1.40 537,688.00 10 Construct AC 512.2 TONS $80.00 $40,976.00 Remove & Replace WM Boxes 155.0 EA. $50.00 $7,750.00 Construct Wheelchair Rams 7.0 EA. $800.0 $5,600.00 Remove & Construct Cross Gutter 2,285.0 S.F. $9.00 $20,565.00 Remove Rienforced Cross Gutter 530.0 S.F. $3.00 $1,590.00 Remove & Construct Rienforced PCC DW 284.0 S.F. $6.00 $1.704.00 Remove Unsuitable Subgrade on View Cir 62.0 C.Y. $12.00 $744.00 Deletion of Cul-de-Sac on Goodwin 1.0 L.S. $6,000.00 $6,000.00 Removal of Rienforced PCC Posts 1.0 L.S. $100.00 $100.00 Remove Parkway & Import & Place Topsail 233.0 C.Y. $20.00 $4,660.00 Fumish, Deliver, & Install CMB 432.6 TONS $12.00 1 $5,191.20 Remove Existing Material, Grading, 1,725.0 S.F. $0.98 $1,690.50 .Furnishing & Installing Sod on Goodwin Remove/Dispose of Parkway trees on 18.0 I EA. $380.00 $6,840.00 Danes Circle I Trucking of excessive grass & soil 14.0 HOURS $60.00 $840.00 to Patos Verdes Totat value of work com leted to date.............S $467,236.90 Less previous payments ..................................$ $420.513.21 AMOUNT OF THIS PAYMENT .................. $46,723.69 Recorded in the County 7range, California Gary L. Granville, Ca_.k/Recorder No Fee WHEN RECORDED MAIL TO: 19956464273 3 ; 34pm 10/19/95 CITY OF HUNTINGTON BEACH 005 056634 07 32 IBS Office of the City Clerk N12 1 7.00 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 KOVAC, INC. who was the company thereon for doing the following work to -wit: REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-375 INTEREST: Easement That said work was completed October 16,1995 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, October 16, 1995. That upon said contract Insurance Company of the West 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 17th day of October, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 17th day of October,1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gAf0110WUPVL%W1gs WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recoraea in the county of Orange, California Gary L. Granville, III�I��IIIIIIIIIIIIIIIIIIIIII��IIIIIIIIIIIIIIIIIII�IIII�IIIIII I Clerk/Recorder II 19950464273 3:34pm 10/19/95 005 056634 07 32 IB8 N12 1 7.00 0.00 0.00 0.00 0.00 0.06 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 KOVAC, INC. who was the company thereon for doing the following work to -wit: REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-375 INTEREST: Easement That said work was completed October 16,1995 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, October 16,1995. That upon said contract Insurance Company of the West 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 17th day of October,1995. � � �-/ - -�" a /Z:: � ez, a- 4 City Clerk and ex-officio Clerk , of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 17th day of October,1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gAfb11owvp\ns 1gs EZ 130 43Ai3�3�' opy Sri Q r,R CITY OF HUNTINGTON BEACH 01 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 17, 1995 Kovac, Inc. 9272 Cloudhaven Drive Huntington Beach, CA 92646-4734 Enclosed is-a-wpy-of4h"xecuted—i"f+ltntington-Beaeh; a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, fvonauc BrpCkll'ay, �CNIC City Clerk CB:cc Enclosure: Declaration of Satisfaction Certificate of Compliance g:foilowvp'tsahcon ITelephonc 714-536.52271 City of Huntington Beach Department of Public Works Post Office Box I90 Huntington Beach, CA 92648 Subject: Certification of Compliance m ith Title VII of the Civil Rights Act and Equal Employment Opportunity Act of I972 Gentlemen: The undersigned, contractor on 122 Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, -*vatchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title gfoltouupk&ShMI M DECLARATION OF SATISFACTION OF CLAIMS I, 15 gmi)L4 (R.. Kp✓Ac. K6✓AJ&Y-r✓, state: I. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled and dated 2. All workers and persons cmploycd, all firms sipply ing materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The follo%ing are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE') I declare under penalty of perjury that the foregoing is true and correct. Executed at L! , j5. cn this Z 2j day of O Ur ,-P)94- ! 99j f T(r�� (Sigma urc of Contractor) g*IIowupkashcm2 I have received _ Maintenance Bond for Repair/Replacement of Street try ovPmen s• S --325 on behalf of the Treasurer`s Office. Dated By : 19 V Kovac, Inc. 9272 Cloudhaven Drive Huntington Beach, CA 92646-4734 INSURANCE COMPANY OF THE WEST P. 0. BOX 85563 - SAN DIEGO CALIFORNIA 92138.5563 (619) 546•2400 000) 877-1111 KNOW ALL MEN BY THESE PRESENTS: MAINTENANCE BOND Bond No. 1349687 Thct KOVAC r INC. r..�...�.�_.___ T_-_�� 9272 Cloud Haven Driver Huntington Beach, CA 92646 _,,_, as Nncipal, and INSURANCE COMPANY OF' THE WEST a corporation o ga. tied under California Caf>t�ornla the lams of the Stale of -----and au'hori:ed to do a swctrr��busindss in the Stall. as Surety, are held and II.mly bo+ind unto the CITY OF iIUNTINGTON BEACH „, Four' Hundred Sixty -Seven T ousand, Two Hundred Thirty -;-Six gnir 90/10G----- -- --- IS 467.236.90 r. lawful moncr of the United States of America, to. the payment of which sum well and truly to be made. we btrnd ourselves, our heirs, executors. administrators. successors and assigns, jointly and severcily. firmly by these presents: SEALED with our seals and dated this September -19 , 1995 WHEREAS, on Lhe not stated the sat KOVAC, INC. as contractor, entered Into a contract for reconstruction and improvements of various streets (MSC-375) fa-h�,oThree Hundred Thirty -Eight Thousand, One Hundred Sixty -Nine and 00 1'THE'REAS, under sbe terms of the specifications for said work, the said KOVAC , INC . is is utred to give a bond for Four Hundred Sixty -Seven Thousand, Two Hundred Thirt -Six and 90.%100----------------------------------------------- +t$ 467 , 236.9(1 ), to protect the rgainst the result of faulty materials or workmanship for a period of one year from and after the date of the complett= and acceptance of sane. r.:-ely,L-;tt one year after_ completion date. NOW, THEREFORE, lithe said KOVAC, INC. --shall for a pedad of one year from and arts: the date of the aonpletfonand acceptance of same by saM CITY OF HUNTINGTON BEACH -place cny and cll defocts a-istn, In sold work whether resulting from defective materlals ar defective workmanship, thin the above obIiga'lon to Be void otherwise to romaln In full force and effect. KOVAC, INC. 9272 Cloud paXen Drive Huntin n tVach, CA 92646 BV: .' 'B. Kovac, President Zenka Schtld C"m sg5ruoo NOTAArPUBt•C cAufo,-,,, OnA.VG$ GCUNfY t j S ANC NIPANY TN EST My Comm Er�.re,Um. 9 19%-L a Gr.l Mi ae en ey, r Attorne . - rdut •{ ; �/ lam/ Insurance Company of the West HOME OFFICE: SAN DIEGO. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: C. MICHAEL HENLEY its true and lawful Anomey(s)•in-Fact. with full power and authority, to execute, on behalf of the Company, fidelity and surely bonds. undertakings. and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and seared by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED. that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them• is hereby authorized to execute Poorer-. c! Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelrly and surety bonds, undertakings. Or Other ContraCta Of suretyship of a similar nature-. and to attach thereto the seat of the Company; provided however, that the absence of the seat shalt not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses. the signatures and seal of any notary, and the signatures of any officers certifying the validity of Ste Power of Attomey, may be affixed by facsimile.' IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 2nd day of May 1935 INSURANCE COMPANY OF THE WEST ♦r'Oa/ey,�e h �arp� STATE OF CALIFORNIA John L Hannum. Senior Vice President SS. COUNTY OF SAN DIEGO On May 2nd.1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personalty known to me to be The individual and officer who executed the within instrument, and acknowledged to me that he executed the sane in his of icial capacity and that by his signature on the instrument, the corporation• on behalf of which he acted, executed the instrument. WITNESS my hand and official seal. iI NORMA PORTER �( �- to COMM. X952644 n V . -• NOTARY PU8LIC•CALiF0R.*411 W SAN OIEGO COUNTY n My Cornrrussion Expires ' JANUARY IA. I M CERTIFICATE: Notary Public - 1. E. Named Da-,ris. Vice President of INSURANCE COMPANY OF THE WEST. do hereby certify that the origins 1M OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile er the authority of the above quoted resolution.L/,,ram`/ IN %%ITNESS WHEREOF, I have subscribed my name as Vice President, on this �1 day of t9 9s . + �e■•• f INSURANCE COMPANY OF THE WEST M.o■.y� ^ r •a� Y l E. Harried Davis. Vice President ICW 37 .-CALIFORNIA ALIFORNIA ALL-PURPO�,)ACKNOWLEDGMENT Na W? State Of California County On before me, Carolann Wright DATE NAME. TITLE OF OFFICER - E G.. -JANE DOE. NOTARY PUBLIC personally appeared c. Michael Henley kAIAe(SI OF SIGNEA(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized f CA20LAMMGK � capacity(ies), and that by his/her/their COrM EWon#1057733 signature(s) on the instrument the person(s), -� Notary Public — catfornlo I 1 .�.�Losi4vcicn_com or the entity upon behalf of which the person(s) acted, executed the instrument. and official seal. SIGNATURE Of NOTARY OPTIONAL Though the data below is not required by law, It may prove valaable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER inu(sl ❑ PARTNER(S) ❑ WITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpES1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CI P93 NATIONAL. NOTARY ASSOCIATION - 8236 Flemme( Ave., P.O. Box 7184 - CanNa Park, CA 91309-7184 s CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CCNNIE BROCKWAY CITY CLERK October 17, 1995 Gary L. Granville, County Clerk -Recorder P. 0. Box 239 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please fmd a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, �Co�erockti%2y City Clerk CB -.cc Enclosures g:'V'-CV cpll[r 1iNephone: 714.536.5227) V WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92649 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 KOVAC, INC. who was the company thereon for doing the follo«ing work to-v�it: REPAIRIREPLACEMENT OF STREET MPROVEMENTS; AISC-375 INTEREST: Easement That said work ms completed October 16,1995 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 x%as accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 16,1995. That upon said contract Insurance Company of the Wcst u-as surety for the bond given by the said company as required by laiv. This document is solely for the official business of the City of Huntington Beach, as contemplated under Gm ernment Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 17th day of October,1995. City Clerk and ex-ofTicio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and cerrect, 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 17th day of October,1995.. City Clerk and ex-ollicio Clerk of the City Council of the City of Huntington Beach, California 8:40110'Avp`a q1P (BeI c- - space For City Clerk's Os- 'Only) Council/Agency Meeting Held: h9-1 Deterred/Continued to: Approved 0 Conditionally Approved 0 Denied City Clerk's Signature Council Meeting Date: October 16,1995 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS S BMITTED BY: MICHAEL T. UBERUAGA, City Admi '_ PREPARED BY: LES JONES II, Director of Public Works SUBJECT: REPAIRIREPLACEMENT OF STREET IMPROVEMENTS MSC-375 II statement of Issue, runding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) l,j Statement of Issue: Kovac Inc. Engineering has completed the reconstruction of curb, gutter and sidewalk, along Vane Circle, Bellinger Drive, Gloria Drive, Trojian Lane, Fairfield Lane, View Circle, Goodwin Lane, Lawson Lane and Danes Circle. Funding Source: 199411995 Budget Fiscal Account # E-SF-PW-974-6-39-00 (Sidewalk Replacement). Recommended Actions: 1. Accept the work completed by Kovac Inc. Engineering at a final cost of $467,236.90. 2. Instruct the City Clerk to file the notice of completion. Alternative Action so: Do not accept Improvements. REQUEST FOR COUNCIL ACTION REPAIRIREPLACEMENT OF STREET IMPROVEMENTS MSC-375 Analysis: Meeting Date: October 16, 1995 On November 21, 1994 Council awarded a $425,515.84 contract to Kovac Inc. Engineering for the reconstruction of curb, gutter and sidewalk along Vane Circle, Bellinger Drive, Gloria Drive, Trojian Lane, Fairfield Lane, View Circle, Goodwin Lane, and Lawson Lane. On June 5, 1995 Council approved a $45,000 Increase in the Change Order Budget for the remodel/replacement of curb, gutter and sidewalks along Danes Circle. The revised total budget for this project is $470,515.84. Kovac Inc. Engineering has completed the reconstruction of these street improvements for the following costs: :., DESCRIPTION OF WORK ; . ; "APPROVED . : BUDGET ACTUAL EXPENDITURES 1. Contract Expenditures 338,169.20 362,235.00 2. Change Orders Costs 111,905.92 * 98,251.41 ** 3. Incidental Expenditures 20,440.72 6,750.49 PROJECT TOTAL $ 470,515.84 $ 467,236.90 * Council approved a $45,000 increase in Change Order Budget and authorized the transfer of $33,089 dollars for the Incidental Expenditure Budget. ** Project Change Orders included the reconstruction of curb, gutter and sidewalks along Danes Circle, removal of cul-de-sac along Goodwin Lane, reconstruction of several cross gutters and installation of water meter boxes. *'* Incidental expenditures included the purchase of: top soil for landscaping parkways and water meter replacement boxes. Environmental Status: NIA Attachment(s): None 19-RCA -2- 10f4f95 8:29 am RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: REPAIRIREPLACEMENT OF STREET IMPROVEMENTS MSC-375 COUNCIL MEETING DATE: OCTOBER 16,1995 .. .... RCA' ':AFTACHMENTS.-.".':: ° STATUS .. ... ..... Ordinance (w/exhibits & legislative draft if applicable) Resolution (wlexhibits & legislative draft if applicable) Tract Map, Location Map and /or other Exhibits Contract/Agreement (w/exhibits if applicable) (Signed in ill by the City Attorney) Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Certificates of Insurance (Approved by the City Attorney) Financial Impact Statement (Unbudget, over $5,000) Bonds (If applicable) Staff Report (If applicable) Commission, Board or Committee Report (If applicable) Find ings/Conditions for Approval and/or Denial EXPLANATION:.FOR'MISSING"AITACHMENT REVIEWED-.:.::: RETURNED-; FORWARDED: Administrative St-aF— Assistant City Administrator (initial) City -Administrator (Initial) Clerk Clerk EXPOWATION FORMURN.-OF - - - ----------- 1 (Below Space For fq�Clerk's Use Onty) %a !— Lis JOAV (Bel o• - Space For Ci t y Clerk's Vsr -lnl y) %hoop CounclVAgency Meeting Held:9i— Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature -T- Council Meeting Date: June 5, 1995 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS UBMITTED BY: MICHAEL T. UBERUAGA, City Administrator LJ� PREPARED BY: LES JONES 11, Director of Public Works SUBJECT: REPAIRIREPLACEMENT OF STREET IMPR MSC-375 Il Statement of Issue, Funding Source, Recommended Action, Alternative Action, Anatysia, Environmental Status. Attachment{af Il Statement of Issue: Funds must be reappropriated from the project incidental budget to cover additional contract and change order costs, and the project budget should be Increased. Funding Source: Sufficient revenues are available in fiscal account E-SF-PW-974-6-32-00 (Sidewalk Replacement) to cover a $45,000 project budget increase. Recommended Action: 1. Authorize a reappropriation of $33,089 from the project incidental budget to cover additional contract costs of $24,066 and change order expenditures of $9,023. 2. Approve a $45,000 Increase in the change order budget to removelreplace public Improvements along Danes Circle. REQUEST FOR COUNCIL ACTION Meeting Date: June 5,1995 REPAIRIREPLACEMENT OF STREET IMPROVEMENTS MSC-375 Alternative Action(s): Deny approval of increased change order budget. Analysis: The 1994/1995 fiscal budget includes a $500,000 line item for the repair/replacement of damaged sidewalk and curb/gutter. Staff requested an initial expenditure of $425,515.84. Pursuant to this request, Council awarded a contract to J&B Kovac Engineering for the repair/replacement of damaged improvements along eight streets. The construction of these improvements is nearing completion and total project costs are within budget; however, funds must be reappropriated from the incidental budget to offset additional contract and change order costs. Specifically, actual field quantities, for several contract items were greater than estimated and nine cross gutters, not included in the original scope of work, required replacement. While the additional cost of this work is $33,089, an unspent balance of $34,582 remains in the budget for project incidentals. Therefore, and in view of the fact that there will be no more incidental expenditures, staff recommends that $33,089 be reappropriated from the incidental budget to offset additional contract and change order expenditures. Based on the approval of this recommendation, the revised contract amount can be summarized as follows: <° EXPENDITURE DESCRIPTION:; >' ;ORIGINAL -AMOUNT REVISED AMOUNT Contract Costs $338,169.20 $362,235 Change Orders 33,616.92 42,839 Incidental Expenditures 53,529.72 18,947 TOTAL $425,515.84 $424,021 The revised contract amount of $424,021 is still well within the line budget of $500,000. Therefore, staff reviewed the possibility of completing one more street this fiscal year. Public Improvements along Danes Circle can be removed and replaced, by J&B Kovac Engineering, for $45,000. This amount is based on the competitively bid costs of fast November. Hence, staff is requesting that the project budget, for change order work, be Increased $45,000. Based on the approval of this request, the budget amount for this Maintenance Service Contract is as follows: 12.aCA -2- 5/23195 3:28 pm REQUEST FOR COUNCIL ACTION Meeting Date: June 5,1995 REPAIR/REPLACEMENT OF STREET IMPROVEMENTS MSC-375 * Still well within the line Item budget of $500,000. Environmental Status: NIA Attachments -. None 12.RCA •3- 5123195 3,28 pm RCA ROUTING SHEET INITIATING DEPARTMENT: FMIC WORKS SUBJECT: REPAIR/REPLAMMEW ST IMPROVM= MSC-375 COUNCIL MEETING DATE: JUNE 5, 1995 RCA ATTACHMENTS —.0-4 - -- --- -- - ---- STATUS Ordinance (wlexhibits & legislative draft If applicable) Resolution (wlexhibits & legislative draft if applicable) Tract Map, Location Map and for other Exhibits Contract/Agreement (w/exhibits if applicable) (Signed Lin_&11 by the City Attorney) Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Certificates of Insurance (Approved by the City Attorney) Financial Impact Statement (Unbudget, over $5,000) Bonds (It applicable) Staff Report (If applicable) Commission, Board or Committee Report (if applicable) [ElindLings/Conditions for Approval and/or Denial i�'--'-"----'-'---EXPLANATION 1 FOR: MISSING :ATTACHMENT: N REVIEWED RETURNED --FOVM.:..: RDED. Administrative Staff U 7a Assistant City Administrator (initial) ow r,ity Administrator (Initial) i5erk Clerk EXPLANATION TOITTMURN �OMEM:.-, h I (Below Space hor City Clerk's Use Ontv)'. i i i \0 REQUE &-,� FOR CITY COUNCIL AC O Date November 21, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat Cam` Ray Silver, Assistant City Administrator and Acting Prepared by: Director of Public Works Subject: Repair/Replacement of Street Improvements. MSC-37S APPROVED BYMYCOUNCIL Consistent with Council Policy? [ x] Yes ] New Policy or Excepti -LZZ,.v.-J � / 19 Statement of Issue, Recommendation, Analysis, Funding Source, Alternativ4zetions.-A.Ugx, STATEMENT OF ISSUE: Pursuant to City Council approval of October 3, 1994, bids were received November 3, 1994 for the repair/replacement of applicable public improvements along Gloria Drive, Torjian, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane, and View Circle are complete and ready for award. RECOMMENDED ACTION: 1. Accept the low bid submitted by J&B Kovac Engineering. 2. Authorize the Acting Director of Public Works to expend $425,514.84 to cover contract costs of $338,169.20, anticipated construction change orders of $33,816.92 and estimated incidental expenditures of $53,529.72. ANALYSIS: On October 3, 1994 the City Council approved the quantities, specifications and a sample construction contract for removal/replacement of trees and the repair/replacement of applicable public improvements along Gloria Drive, Torjian Lane, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane and View Circle. Bids, as summarized below, were received and opened on November 3, 1994. FIRM BID AMOUNT 1. J&B Kovac Engineering $338,169.20 2. B-1 Enterprise Corporation $397,453.23 Corrected 3. Nobest, Inc. $419,874.05 4. Damon Construction $428,779.50 Corrected 5. L.A. Engineering $452,294.20 6. All American Asphalt $465,231.55 7. West Coast Construction $473,216.75 Corrected B. E.A. Mendoza Contracting $485,157.70 Staff has reviewed the low bid submitted by J&B Kovac Engineering and recommends bid acceptance and the award of a contract. No 5/85 �"l PAGE -2- REQUEST FOR COUNCIL ACTION REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-375 FUNDING SOURCE: Based on the amount of a contract to J&B Kovac Engineering, the total estimated project costs are as follows: Contract Cost $338,169.20 Anticipated Change orders (10t) 33,816.92 (1) Incidental Expenditures 53 29.72 (2) TOTAL PROJECT COSTS $425,515.84 (1) Possible costs include the expense of changes in field conditions and/or subgrade materials. (2) Incidental expenditures include an estimated $42,187.50 for top soil, $5,822.22 for new meter boxes, $4830.00 for new parkway trees, and $690.00 for tree stakes. (These items of work are not included in this type of construction contract. Staff bids these incidental items separately because it is less expensive). The 1994/1995 approved City Budget includes a $500,000 line item (see page 321 - Gas Tax Fund) for the reconstruction of uplifted sidewalk and curb caused by tree root damage. Account No. E-SF-PW-974-6-39-00 ALTERNATIVE ACTION: 1. Award a contract to an alternate bidder. 2. Reject all bids and forego project. ATTACHMENTS- Bid Summary Sheet SHEET 1 OF 2 SHEETS CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEET FOR: THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA MSC-375 DEPARTMENT OF PUBLIC WORKS BIDS OPENED NOVEMBER 3, 1994 ENGINEERS ESTIMATE $500,000 CC NO AHFP NO BIDDERS KOVAC, INC. B-1 ENTERPRISE CORP. NOBEST, INC. CONST. DAMON CONST. C. NO ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 REMOVE & DISPOSE OF PARKWAY TREES 116 EA 220.00 25,520.00 200.00 23,200.00 290.00 33,640.00 275.00 31,900.00 2 FURNISH & iNSTALL ROOT BARRIER 138 EA 80.00 11,040.00 90.00 12,420.00 100.00 13,800.00 100.00 i3,800.00 3 REMOVE & DISPOSE OF P.C.C. CURB & GUTTER 8,999 LF. 5.00 44,995.00 1.50 13.498.50 4.30 38,695.70 4.00 35,996.00 4 REMOVE & DISPOSE OF P.C.C. DRIVEWAY 25,947 S,F. 1.00 25,947.00 .65 16,856.55 1.20 31,136.40 1.00 25,947.00 5 REMOVE & DISPOSE OF P.C.C. SIDEWALK 26,918 S.F. 1.00 26,918.00 .49 13,189.82 .80 21.534.40 1.00 26,918.00 6 REMOVE & DISPOSE OF ASPHALT CONCRETE 13.499 S.F. 1.00 13.499.00 1.00 13,499.00 1.20 16,198.80 2.00 26,998.00 7 CONSTRUCT P.C.C. CURB & GUTTER 8,999 L.F. 9.00 80,99t.00 15.99 143,894.01 i1.50 103,488.80 12.00 107.N8 00 8 CONSTRUCT P.C.C. DRIVEWAY 25,947 S.F. 2.00 51,894.00 2.65 68,759.55 3.05 79,138.35 2.50 64,867.50 9 CONSTRUCT P.C.C. SIDEWALK 26,918 S.F. 1.40 37,685.20 2.60 69,986.80 2.05 55,181.90 2.50 67,295.00 10 FURNISH & PLACE ASPHALT CONCRETE ADJ TO GUTTER 246 TON 80.00 19,680.00 90.00 22,140.00 110.00 27,060.00 110.00 ?.00 TOTALS =8,169.20 $397,453.23 (corrected) S419,874.05 $428,799.50 (corroctcd) diu.s5 SHEET 2 OF 2 SHEETS CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEEN' FOR: THE RECONSTRUCTION AND IMPROVEMENT OF DEPARTMENT OF PUBLIC WORKS VARIOUS LOCAL STREETS IN THE CRY OF HUNTINGTON BEACH, CALIFORNIA MSC-375 BIDS OPENED NOVEMBER 3, 1994 ENGINEERS ESTIMATE $500,000 CC NO AHFP NO BIDDERS LA ENGINEERING ALL AMERICAN ASPHALT WEST COAST CONST. E.A. MENDOZA c No ITEMS OF WORK S TY UNIT PRICE AMOUNT PRICE AMOLM PRICE AMOUNT PRICE AMOUNT 1 REMOVE A DISPOSE OF PARKWAY TREES 116 EA 300.00 34,600.00 368.00 42,688.00 400.00 48.000.00 300.00 34,600.00 2 FURNISH A INSTALL ROOT BARRIER 133 EA 240.00 33.120.00 209.00 28.704,00 50.00 6.W0.00 120.00 16.560,00 3 REMOVE A DISPOSE OF P.C.C. CURB 6 GUTTER 11109 LF. 5.50 49,494.50 4.45 40,045.55 3.25 29.246.75 10.00 89.990.00 4 REMOVE A DISPOSE OF P,C.C. DRIVEWAY 2S.947 S.F. 1.00 2S,947.00 120 31,136.40 1.13 32.433.75 1.30 33.731.10 3 REMOVE 3 DISPOSE OF P.C.C. SIDEWALK 26,916 S.F. 100 25,916.00 1.13 30,955.70 125 33,547.50 1.30 34,993.40 6 REMOVE 8, DISPOSE OF ASPHALT CONCRETE 13,499 S.F. 1.00 13.499.00 1.00 13,499,00 1.75 23.62325 1.00 13.499 00 7 CONSTRUCT P.C.C. CURB 6 GUTTER 8,999 LF. 12.00 107,968.00 9.00 W.991.00 17.50 157,482.50 13.00 116,987.00 8 CONSTRUCT P.C.C. DRIVEWAY 25,947 S.F. 290 75246.30 3.60 93.409" 2.SO 64,867.50 2.60 67,46220 9 CONSTRUCT P.C.C. SIDEWALK 26.918 B.F. 230 61,911.40 2.65 71.33170 225 60.565.50 2.50 67295.00 10 FURNISH A PLACE ASPHALT CONCRETE ADJ TO GUTTER 246 TOM 9S.00 23,370.00 132.00 32,470.00 75.00 18,450L00 40.00 .1.00 TOTALS S452,494.20 9"9 231.53 84TU18.73 (semcbd► $05,157.70 t�r CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J & B KOVAC, INC. FOR RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS & SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 11 22. DEFAULT 8 TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROH1131TED 14 31. ENTIRETY 15 WagreelconsulO 1114 S4 CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J & B KOVAC, INC. FOR RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) THIS AGREEMENT, made and entered into this I 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 J & B KOVAC, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for public works project, hereinafter referred to as "PROJECT," more fully described as the reconstruction and improvements of various streets (Gloria, Trojan, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane and Danes Circle) (MSC 375) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW. THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 61agreelgloria111114.194 r LIE Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents Insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Souther California District Associated General Contractors of the California Joint Cooperative Committee; 2 Vagr"Jg1orW11114194 V E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or Indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW). without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Seventy One Thousand, Nine Hundred Eight Six Dollars ($371,985), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within One Hundred Twenty (120) days from the day the "Notice to Proceed" is issued by DPW, . excluding delays provided for in this Agreement. 3 B/agree+glorW11114S4 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate Its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon In writing by the DPW. 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 4 Vagreelplorta111114194 W" order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to. any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY.of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR 5 Wagredgloftl 1114'94 k.) shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Fifty Dollars ($350) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. s 61agreelglorlall 1114, Sa Should CONTRACTOR be delayed in the prosecution or completion of the work - by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly Investigate the conditions and if it finds that such conditions do materially so differ and cause an Increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; 7 6Jagree/glorM 1/14W (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govem final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed In the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT. as determined by 8 Vag4elglorlall 1114a4 S 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all tines supplying materials and all subcontractors upon PROJECT have been paid In full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs 9 Vagree'gloria111114194 u and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or Indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California tabor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, 10 61agreelglorla/1111 4194 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. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance 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 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. 11 filagree/gforiall III 4S4 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified. or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR. CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property.at no further cost. 24. 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 12 6MgredlgforM f if 4l94 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 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. 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 13 61agrWgioria111/1 4M4 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit "A': attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. J & B KOVAC, INC. By: Branimir Kovac, President By: Kresimir Kovac, Secretary/Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator 14 &'agreelg1orW1 ZIS 4194 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: city Attorney �� �•• 15 -�v �r-rb f INITIATED AND APPROVED: Director of Public Works I have received Performance, -Payment, a for MSC-375, Street: Improvements/Gloriaer/ oo win Lawson/View on behalf of the Treasurer's Office. Dated / By: a KOVAC, INC. 9272 Cloudhaven Drive Huntington Beach, CA 92645-4734 i INSURANCE COMPANY OF THE WEST 1. C.W. PARK P.O. BOX 81f163 SAN DIEGO. CALIFORNIA 92133 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, KOVAC, INC. V Bcnd No. 134 96 87 PREMIUM $ 3.882.00 (hereinafter called "Principal") as Principal. one] Insurance Compiny of the Kest _ _ a eorpomtion organ- ised and existing'under the laws of the State of Cstifornis , and authorized to transact business in the State of CALIFORNIA (hereinafter called "Surety"), as Surely, are held firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called "Obligee"). as Obligee, in the penal suet of THREE HUNDRED THIRTY—EIGHT THOUSAND, ONE HUNDRED SIXTY—NINE AND Dollars ($338,169.00****l- good and lawful money of the United States of America, for the payment of which, wolf and truly to be =ad*. we bind ourselves, our heirs, administrators. executors. successors, and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this second day of December , 19 94. Whereas, the above bounden Principal has entered Into a certain written contract with the above -named Obligee. dated the unknown day of unknown .19 94 for RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) which contract is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein. NOW. THEREiORE, THE CONDITION OF THE ABOVE OBLIGATION 1S SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things In said contract set forth and specified to be by the said Prindpal kept, done and perforated at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above -named Obligee. all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise to be and remain In full force and effect. + S TO FORU:l Gt►IL PUTT011 CI^Y d1`i0�'� 4 DsputY City Attorney KOVAC, INC. " P ncipal 8vs f . RANCE COMPANY OF THE WEST •sty By A orne -in- act DONALD ROOP ICW- AL-122 CALIFORNIA ALL-PUR136w. ACKNOWLEDGMENT State of California County of Orange On December 2. 1994 DATE before me, Anaela H. Albriaht NAME. TITLE OF OFFICER - E.G.. VANE DOE. NOTARY PUBLIC' personally appeared DONALD ROOP NAME(S) OF SIGNERS) 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 helshe/they executed the same in his/her/their authorized L . ANGELA H. ALBAIGHTT t capacity(les), and that by his/her/their iCOMM. #1018075 a r+oru�rl'uauc-cwFo�,� c signature(s) on the instrument the person(s), ORkNGECOVJM �' or the entity upon behalf of which the MY CB `E"�`'�''d �' 1 B person(s) acted, executed the instrument. WITNESS my hand and official seal. ISCINATURE. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTT PES) INSURANCE COMPANY OF THE WEST DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND 134 96 87 — KOVAC, INC. TITLE OR TYPE OF DOCUMENT (4)four NUMBER OF PAGES 12-2-94 DATE OF DOCUMENT unknown SIGNERS) OTHER THAN NAMED ABOVE ICW GP 416 LN PAYMENT BOND —PUBLIC WORKS Bored No. 134 96 87 PREMIUM IS INCLUDED IN THE PERFORMANCE BOND INSURANCE COMPANY OF THE WEST HOME OFFICE • SAN DIEGO WOW ALL MEN BY THESE PRESENTS: That we, KOVAC, INC. as Principal. wad - Insurance Company of the West , incorporated under the laws of the State of California and authorized to execute bonds and undertakings as sole surety, as Suety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation. In the aggregate total of THREE HUNDRED THIRTY—EIGHT THOUSAND, ONE HUNDRED SIXTY—NINE AND 00/100************** Dollars, (S 338,169.00***1. for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns. Jointly and severally-, firmly by these presents. The Condition of the foregoing obligation Is such that; whereas 6e above bounden Principal has entered Into a contract, dated UNKNOWN . 19 94 , with the CITY OF HUNTINGTON BEACH to do the following work, to -wit. RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC--375) Now. Therefore, If the above bounden Principal contractor, person, Company or corporation, or his or Its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the•State of California, or amounts due under the Unemployment Insurance Code, with respell to work or labor performed by any such claimant, that, the Surety on this bond will par the same, in an amount not exceeding the aggregate sum specified In this bond, and also, in case suit is brought upon this bond, a reasonaole attorneys fee. which shall be awarded by the court to the prevailing party in said suit, said attorneys fee to be taxed as costs In said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees In any suit brought upon this bond. - This bond Is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 Inclusive, and all amendments thereto. Signed and Sealed this SECOND day of AP PRO VLD AS TO FOR!: G 0.IL FUTTON CITY A'1•i0?"!y 17 R7: ' Dn'z4y 0U1 Attorney DECEMBER .19 94 KOVAC, INC. BY: Principal URANCE COMPANY OF E VJEST Surety lfy DONALD ROOP Attorney -In fact ICW- :AL-123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of Orange On December 2. 1994 before me, Anaela H. Albriaht DATE NAME. TITLE OF OFFICER - E.G.. •JANE WE. NOTARY PUBLIC personally appeared DONALD ROOF ' NAMEIS) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in his/her/their authorized ANGELAH-ALBRIOW capacity(ies), and that by his/her/their COMM. #1o18076 I WTMypWW-CAUF0W signature(s) on the instrument the person(s), �- .Etogs or the entity upon behalf of which the C��.� , person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 Cl INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER 1S REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BONE 134 96 87 — KOVAC, INC. TITLE OR TYPE OF DOCUMENT (4)four NUMBER OF PAGES 12-2-94 DATE OF DOCUMENT unknown SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 INSURANCE COMPANY OF THE WEST P. O. BOX 85563 - SAN DIEGO CALIFORNIA 92138.5563 1619) 546.2400 t800) 877-1111 KNOW ALL MEN BY THESE PRESENTS: That KOVAC. INC. LIM MAINTENANCE BOND Bond No 134 96 87 PREMIUM IS INCLUDED IN THE PERFORMANCE BOND. as Principal, and INSURMCE COMR&M OF THE kMRT a corporation organized under the laws of the State of - CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA__ as Surety, are held and firstly bound unto the CITY OF HUNTITvQzjgN BEACH in lire sum of THREE! HIMRET) THIRTY-FTCHT THOUSAND, 9NE HUNDRED SIXTY-NINE AND of the United States of America, for the payment of which sum weal and truly to be made, we bind ourselves, our heirs, executors. admiAstrators, successors and assigns, jointly and severally, firmly by these presents SEALED with our seals and dated tM, DECEMBER 2, 1994 r . WHEREAS, on the NOT STATED the gaij KOVAC INC. as eoatractor, •Hissed into a contract for RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) for" sumal THREE HUNDRED THIRTY-EIGHT THOUSAND. ONE HUNDRED SIXTY-NINE AND 00/100********* fs 338.169.00***); and, WHEREAS, under the terms of the speeiftcations for said work, the said KOVAC. INC. - - - - - - is required to give a bond for - THREE HUNDRED THIRTY-EIGHT THOUSAND, ONE HUNDRED SIXTY-NINE AND 00/100 * * * * * * * * * * * (11318,169_00** . to protect the agat.-ut the result of faulty materials or workmanship for a period of one Year from and after the data of the completion and acceptance of same, r►amely, until ape year after completion date. NOW, THEREFORE, if the sold _ YOVAC, INC. r, _ _shall for a period of one year from and attar the data of the completion and acceptance of same by said CITY OF HUA'TINGTON REACH replace any and all defects arising in said work whether resulting from defective materials or de'ective workmanaMp, thin the above obli;atlon to be sold; otherwise to remain in full force and eyect. -PPROVED AS TO POP213 CAIL MTTON f:I TY AT ' MEY �y �- Dt:1ua4y City kttorney XOVAC, INC. Byr I __' NCE compgy o4rHE WEST By 'DONALD ROOF, A t rn -in-fact ICW-CALt 38 CALIFORNIA ALL-PURP051ACKNOWLEDGMENT State of California County of Orange On December 2. 1994 DATE before me, Ancela H. Albright , NAME. TrTi E OF OFFICER - E.G.. VANE WE. NOTARY PUBM' personally appeared DONAm ROOP , NAME{S)Of StGNER)S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same . in his/her/their authorized ANGELA K ALBRIGHT t caacit les , and that b his/her/their COMM. 01018075 > p Y � � Y C, 0 KTA"we>.,c-cAUF0MA, W signature(s) on the instrument the person(s), � E �Q.Ap , 1998 or the entity upon behalf of which the -==`- - — person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 'niutS) ❑ PARTNER(S) ❑ LIMBED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME Of PERSON(S) Oa EKRTY(tES) INSURANCE COMPANY OF THE WEST DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE"BOND 134 96 87 — KOVAC, INC. TITLE OR TYPE OF DOCUMENT M f our NUMBER OF PAGES 12-2-94 DATE OF DOCUMENT unknown SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 INSURANCE COMPANY OF TH"4E WEST HOME OFFICE: SAN DIEGO. CALIFORNIA . Certified Copy of POWER OF ATTORNEY KNOW ALL. MEN $Y THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office In the City of San Diego, California, does hereby nominate, constitute and appoint: DONALD ROOP its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations In the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February. t973, which said Resolution has not been amended or rescinded and of which the following is a true, full. and complete Copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be It f urther "RESOLVED: That the Attorney -in -fact may be given full power to execute for and In the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF. Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 14TH DAY OF OCTOBER 1986 INSURANCE COMPANY OF E WEST �Iff00`* President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 14TH DAY OF OCTOBER "U%re the subscriber, a Notary Public of the State of California. in and for the County of San Diego, duly commissioned and qualified. came- ERNES'J: RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the Individual and officer described In and who executed the preceding Instrument, and he acknow- ledged the execution of the same, and being by me duly sworn. deposeth and saith, that he Is the said officer of the Corporation aforesaid, and that the seat affixed to the preceding instrument Is the Corporate Seal of the said Corporation. and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. W�4W.Y4`L'Y�I,ShYN.'V�Wtiti►Y OF FICAL SM ,� NORMA PCORTER 'i-d' 1�• N-s qt PuSLI.C-CALiF(IRN A Notary Public ►y Wmniss:sa Etc. *L 3.19H STATE ��'t'1� t*!"� Nil � �4'Lt'1tivWWWWYW1rt COUNTY OF SAN DIEGO SS: I. the undersigned, Richard S. King, Secretary of the insurance Company of the West. do hereby certify that the or!ginal POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, Is In full force and effect, and has not been ravoked. IN WITNESS WHEREOF. t have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 2nd day of December 1994. "Mud sE f{�tx t �fi Se ary ICW CAL 37 (REV.5182) �,irFpRK�� CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK January 6,1995 Kovac, Incorporated 9272 Cloudhavcn Drive Huntington Beach, California 92647.4734 CALIFORNIA 92648 Enclosed is a copy of the executed contract «zth the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be retumed to this office after The,prolect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A v6rarranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wrording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g-ccicashm ITelrphonc 714.63"227j 133UE DATE (m mlDDIYY) MORS ["b'ERTIFIC OF INSURANCE n 12/ 01 94 PRODUCER Allen Lawrence & Assoc., Inc. 7033 Owensmouth Avenue THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY WE POLICIES BELOW. P. 0. Box 7948 Canoga Park, CA 91309 COMPANIES AFFORDING COVERAGE COMPANY A Valley Forge Insurance Company LETTER 818-704-0700 800-995-9170 COMPANY LEITER 13 Transportation Insurance Company INSURED Kovac, Inc.; Josip Kovac Construction; COMPANY LETTER C American Casualty Co. of Reading COMPANY D LETTER J & B Kovac Engineering 9272 Cloudhaven Drive Huntington Beach, CA 92646 COMPANY E LETTER COVERA43ES .. ..... ......... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF.CATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, EXCILLISIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GO LT TYPE OF INSURANCE POLICYNUMBER. POLICY ErFECTIVE DATE(MM/DD/" POLICY EXPIRATION DATE(MM/DD/M LIMITS A F GENERAL UABILM A120958248 01715/9401/15/95 GENIERALAGGREGATF s2,OOOrOOO X COMMERCIAL GENERAL LIABILII) M. �CLAIMS MADE r- OCCUR. PRODUCTS - CO M P/OP AGG. 61,000(000 PERSONAL AADV. INJURY 61,000t000 OWNER-54 CONTRACTOR'S PROT. EACH OCCURRENCE 61,000,000 FIRE DAMAGE(Any on* fire) 5 _ 50,000 - MED.EXPENM jAny on* ra-4 S 5,000 B AUTOMOBILE UABILrrf X ANYAUTO A120958251 01/15/94 01/15/95 COMBINED SINGLE LIMIT $10 1008000 BODILYINJURY (Per person) S ALLOWNEDAUTOS SCHEDULED AUTOS BODILYINJURY 6 HIRCDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE RGARAGE LIABILITY C facEssumury A120958279 01/15/94 01/15/95 EACH OCCURRENCE s5000,,000 UMBRELLA FORM AGGREGATE. 65 000,000 OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION AND EIMPLOYER137LIABIL]TY WC127685091 01715794 01/15/95 X I STATUTORY LIMITS EACHACCiDENT i1 000, 000 DISEASE -POLICY LIMIT 511000, 000 DISEASE -EACH EMPLOYEE $1, 0 0 0 1000 OTHER nu V.LU A�) Au GAIL HUTTON CITY ATT DESCRIPTION OFWERAT)ONSILOCATIONS/VEHICLESISPE ALITEMS 9 ciy Attorne7 *10 days notice for non-paym`d'n'tY o tpremium. Certificate holder, its officers and employees are additional insureds, (See Attached Schedule.) CERTIFICATE HOLDER .......... OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL LUD&kVQR-ZO- City of Huntington Beach MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Public Works Dept. LEFT, BUT FWLU" TO hw6su P.O. Box 190 LIABILITY OF ANY IQND UPON THE COMPANY, ITS AGENTS OR Huntington Beach, CA 92648 AUTHOR& ACORD 25-5 YLM- -I Of 7 AMY AOORD CORPORATION 1NO REQUE�' , FOR CITY COUNC�, ACTION Date Mvember 21, 1994 Submitted to• Honorable Mayor and City Council 1- Submitted by: Michael T. Uberuaga, City Administrat Ray Silver, Assistant City Administrator and Acting t�r Prepared by: Director of Public . Works Subject: Repair/Replacement of Street Improvements • MSC- - APPROVED EY CnyCo r ry rn Consistent with Council policy? [ A Yes [ ] New Policy or Excepti )iv—.- , - Statement of Issue, Recommendation, Analysis, Funding Source, STATEMENT OF ISSUE: Pursuant to City Council approval, of October 3, 2994, bids were received November 3, 1994 for the repair/replacement of applicable public improvements along Gloria Drive, Torjian, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane, and View Circle are complete and ready for award. RECOMMENDED ACTION: 1. Accept the low bid submitted by J&B Kovac Engineering. 2. Authorize the Acting Director of Public Works to expend $425,514.84 to cover contract costs of $338,169.20, anticipated construction change orders of $33,616.92 and estimated incidental expenditures of $53,529.72. ANALYSIS: On October 3, 1994 the City Council approved the quantities, specifications and a sample construction contract for removal/replacement: of trees and the repair/replacement: of applicable public improvements along Gloria Drive, Torjian Lane, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane and View Circle. Bids, as summarized below, were received and opened on November 3, 1994. FIRM BID AMOUNT 1. J&B Kovac Engineering $338,169.20 2. B-1 Enterprise Corporation $397,453.23 Corrected 3. Nobest, Inc. $419,874.05 4. Damon Construction $428,779.50 Corrected 5. L.A. Engineering $452,294.20 6. All American Asphalt $465,231.55 7. West Coast Construction $473,216.75 Corrected 8. E.A. Mendoza Contracting $485,157.70 Staff has reviewed the low bid submitted by J&B Kovac Engineering and recommends bid acceptance and the award of a contract. �M NO 5185 IN PAGE -2- REQUEST FOR COUNCIL ACTION REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-375 FUNDING SOURCE: Based on the amount of a contract to J&S Kovac Engineering, the total estimated project costs are as follows: Contract Cost $338,169.20 Anticipated Change Orders (10%) 33,816.92 (1) incidental Expenditures 53,529.72 (2) TOTAL PROJECT COSTS $425,515.84 (1) Possible costs include the expense of changes in field conditions and/or subgrade materials. (2) Incidental expenditures include an estimated $42,187.50 for top soil,'$5,822.22 for new meter boxes, $4830.00 for new parkway trees, and $690.00 for tree stakes. (These items of work are not included in this type of construction contract. Staff bids these incidental items separately because it is less expensive). The 1994/1995 approved City Budget includes a $500,000 line item (see page 321 - Gas Tax Fund) for the reconstruction of uplifted sidewalk and curb caused by tree root damage. Account No. E-SF-PW-974-6-39-00 ALTERNATIVE ACTION: 1. Award a contract to an alternate bidder. 2. Reject all bids and forego project. ATTACM4ENTS : Bid Summary Sheet CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J & B KOVAC, INC. FOR RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS & SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 ' 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 61agreelconsulVt tit 4194 CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J & B KOVAC, INC. FOR RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) THIS AGREEMENT, made and entered into this 4th day of JANUARY , 19 95 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and J & B KOVAC, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for public works project, hereinafter referred to as "PROJECT," more fully described as the reconstruction and improvements of various streets (Gloria, Trojan, Vane Circle, Fairfield Circle, Bellinger Drive. Goodwin Lane, Lawson Lane and Danes Circle) (MSC 375) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 61agreelglorial11114194 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 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 &agme/g1orW11114'94 V E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Seventy One Thousand, Nine Hundred Eight Six Dollars ($371,986), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within One Hundred Twenty (120) days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 6/agre&glorial11 /14'94 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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 4 G/agreelglorlal11 /14194 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is Issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period. CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR Vagreelgloria11111419.4 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESMELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Fifty Dollars ($350) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 6 61agrWgloriall 1114194 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other .casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE 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 cr the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; 7 GlagreelglorW1 1/14194 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. '13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by 8 6lagreefgtoria11Ill 4194 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD_ CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLES5 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 9 6lagreelglorL3111114'94 and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or Indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on ail operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, 10 Vagmelglorial11 /14a4 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 (S1,000,000) 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 (S1,000,000). 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. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance 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 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. 11 Vagree/Qloria/l ill4194 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 12 &'agreelglorM 1 /14'94 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the prccessing of Stop Notices, Notices to Withhold, or any similar legal document_ Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 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. 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 13 Vagree/glorWl 1114,94 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. J & B KOVAC, IN/C. By:_ - fc�) Branimir Kovac, President B Kresimir Kovac, Secretary/Treasurer ATTErT. City Clerk REVIE -D AND APPROVED: a"7/' 4 ke:: City Adm istrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FOR c City Attorney INITIATED AND APPROVED: � Director o ublic Works 6/agree/gloria/11 /14/94 14 Bid Bonds received Dated November 3, 1994 10:00 A 1 MSC-375 Engineer's Estimate $500,000 BID LIST BIDDER'S NATME RANK TOTAL BID AMOUNT 1. All American Asphalt 2. B-1 Enterprise Co oration `1 3. Clayton Engineering 4. Damon Construction 7 �% q• S� 5. E. A. Mendoza Contracting qgZ 6-1, 74 6. Excel Paving 7. Griffith Company 8. Hillcrest Contracting 9. Kallban Inc. 10. Kovac Inc. 11. LA En " eerin �- ol- �• �- Q 12. Nobest Inc. q, 13. Shawnan 14. Nest Coast Construction � 331 o. 15. . 16. 17. w is ;z V �aa! CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we E. A. MENDOZA, INC. Principal, and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH,DEPARTMENT OF PUBLIC WORKS Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ----- —---------- ---- Dollars ($10% OF BID-------) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. for WHEREAS, Principal has submitted or Is about to submit a proposal to Obligee on a contract "RECONSTRUCTION/IMPROVEMENTS OF VARIOUS LOCAL STREETS IN HUNTINGTON BEACH, # MSC-375" NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract In writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or If Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain In full force and effect. E. A. MENDOZA, INC. Signed, sealed and dated OCTOBER 31, 1994 (Seal) Principal 0-23054-A CNA rorAli tMCommaltra taYu+make STATE OF CALIFORNIA SS. COUNTY OF ORANGE On OCTOBER 31, 1994 , before me, J. JOHNSTON PERSONALLY APPEARED MICHAEL A. QUIGLEY 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) or, the insLrume-nt the persor.(s),-or the entity upon behalf of which the person(s) acted, executed the instrument. WPTN'ESS my hand and official seal. Signatur V� OPTIONAL J. JCHNSTON ONM. #1007524 Notary publicCalitornia , ORANGE ONTY _ My Commission tp.10122l97 This area for Official Notarial Seat Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MUM ' ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR D OTHER: SIGNER IS FIEPRESENMNG: NAME OF PERSONAS) OR ENnTYpES] DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Io.nai Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Continental Casualty Company CAA FK All 1 M't "n�e�il pwre• 1F,w N•ka' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corporation duly organized and existing under the laws of the State of Illinois, and having Its prince al office In the City of Chicago, and State of Illinois, does hereby make. constitute and appoint MIChael A. Quig�y, Individually of Rivers-ide, California Its true and lawful Attorney -In -fact with full power and authority hereby conferred to sign, seal and execute In Its behalf bonds, undertakings and other obligatory Instruments of similar nature _ ... .� - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as It such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article iX--•Execution of Documents Section 3. Appointment of Attotney.in•fact. The President or a Vice President may, from time to time, appoint by writtencertificates altorneys-in-fact to act in behalf of the Company in the excecution of policies of Insurance, bonds, undertakings and other obligatory Instruments of Ilk& nature. Such attorneys -In -fact, subject to the limitations eel forth In their respective certificates of authority. shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto. This President or any Vice President or the Board of Directors may at any time revoke all power and aulhority previously given to any attorney -in -tact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at A meeting duly called and held on the 3rd day of April, 1957. . "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the BY -Laws, and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate Of any such power. and any power or certificate bearing such facsimile signatures and seal shalt be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindino on the Company." In Witness Whereof. CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of July . 39_88 . State of Illinois ss i CPe"* q County of Cook �o SEAL CONTINENTAL CASUALTY COMPANY J. E. Purtetl Vice President. On this 26tlt day at July - - . 19 88 , before me personally tame J. E. Purtell, to me known. who, being by me duly sworn, did depose and say' that he resides in the Village of Glenview. State of Illinois: that he Is a Vace-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument. that he knows the seal of said Corporation. that the seal affixed to the said instrument is such Corporate seal: that it was so affixed pursuant to the said instrument is such corporate seat; that it was so alllxed pursuant to authority given by the board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. *C•ot r q PUBLIC sn rusuC � ` + r Linda C. Dempsey otary Public. CERTIFICATE My Commission Expires November 12, 1990 i, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth Is still In force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors. set forth In said Power of Attorney are stilt In force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said 31 ST OCTOBER 94 Company this day of 19m ` `* trswi,. R Ca'Q'��I �� • ,SSS George A. Hobaugh Assi nt Secretary 41 SEAL poll Form 1-23142-B INV. NO. G-59200-B CALIFORNIA ALL-PURPOS14CKNOWLEDGMENT No, 5907 State of County of On personalty a personally known to me - OR - ❑ � �� . s �C0.7 m. 2 913699 4w NOTARY PUBX-CALFOWA Oren4e Coo-'eY LV Coim Wit WL 20,1995 a NAME, THE OF OFFICER - E.G., BANE DOE, NAME(S) OF SIGNER(S) ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESAmy hand and OPTIONAL ARY Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER THEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY¢ES) DESCRIPTION OF ATTACHED DOCUMENT TITL OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • $236 Rerrin al Ave., P.O. Box 7184 • Canoga Park, CA 91309.7154 o v br [E(- INSURANCE • P.O. sox 85563 San Diego, Gl =38-5563 BID OR PROPOSAL BO D KNOV ALL PSM BY THESE PRESENTS: That we. WEST COAST CONSTRUCTION (hereinafter called the principal). and EXPLORER INSURANCE COM?Axy. a corporation organized and doing business under and by virtue of the laws of the State of Arizona and duly licensed for the purpose of caking, 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 CITY OF HMTINGTCN BEACH (hereinafter called the obligee) In the Just and full sum of TEN PERCENT OF TEE AMOUNT OF ACCOMPANYING BID*** Dollars ($10% OF BID*** ) lawful money of the United States of America. for the payment of which. well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLICATION IS SUCH THAT, WHEREAS. the above bounden principal as aforesaid. is about to hand in and submit to the obligee a bid or proposal dated NOVF71MER 3, 1994 for RBOONSTRtMON VARIOUS LOCAL STREETS, GLORIA DR, ` 0R•TIM,,LANE, VANE CIRCLE, FAIRFIELD CIRCLE, BELLINGER DR MSC 375 in accordance with the plans and specifications filed in the office of the obligee and wader the notice inviting proposals therefor. NOV, TH R FORE, if the bid or proposal of said principal shall be accepted. and the cor..ract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void. otherwise to be and remain in full force and effect. IN WITNESS WHEREOF. said principal and said Surety have caused these presents to be duly signed a.-nd sealed this day of NOVEMER 1', . t9 94 EKP CAL 160 e,• -"M•rim► Lw='�' 10140 Campus Point Drive, San Di2�21.1520 P. 0. Box 85563, San Diego CA 92138-5563 (619) 546-2400 ttorney-in-Tact CALIFORNIA ALL-PURPOSE ACKNOWLEOGMIINT ► O. sir Slate of CALIFORNIA County of SAN BERNARDINO On NOVEMBER 1► 1994 before me, KELLY A. SAITMM, WrARY PUBLIC Cxi_ MAUL M-7 CF CF�.C!,i - E.1 *.:kNE:C2. NCTARY PUEUC' personally appe=red PHILIP E. VEGA rLwe,sy CF s,evER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(ff whose namdM isles subscribed to the within instrument and ac- knowledged to me that hel9bakhmyexecuted the same in hislkx authorized capacity¢), and that by hislkvt&h;tR signatureM on the instrument the persontso, ssossssss�sesesseasososasasesosssoeesos� or the entity upon behalf of which the I(cLLY A. SAITMAN S person(* acted, executed the Instrument. S �ro=� Co;'�'�'. F,IUZZ540 P - P raV a Ps;sj.ta - CALIFORNIA Sf.N EERNARDINO COUNTY t My Comm ne ERP-res Ju27. 19" WI I v E S my tr hand and officlal Seal. s •ssrssesssssssssesseesrsesssssssessssss• Jtl5107L:i�F.cCFNOL1nY OPTIONAL Thcugh the data belcw is net regtJired by law, It may prove vale -le to perscns relying cn the dcca.rrnent and =Ufd prevent fraudulent rea".achment ct this tcm. - CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CGRFORATE OFiriCER T�:51 ❑ PARTNER(S) ❑ LWITED ❑ GMERAL ® ATrOF:6NEY-IN-FACT ❑ TAus, r-=(s) ❑ GUARDMCONSERVATOR ❑ OTHER: r SIGNER IS REPRESFEWNG: NAME CF FESYSCPgS1 CR LYZINT a7 WUXM INSURWM COMPANY DESCRIPTION DFATTACHED DOCUMENT B= TITLE OR TYPE OF CCCU&lEivr 0 • NUMBER OF PAGES NOVEMBER 1, 1994 DATE OF DOCU1%tENT StGNEa(S) OTHER THAN NA.WED ABOVE C1993 NATZCNAL NOTARY ASSCCIATION • 84"" Remmet Avf. A.Q. 80; 77:= - Camsa Paris CA 9i-04.7134 implorer Insurance Coi,.)any HO'tE CFFICE: SAN CIEGO. CAUFCFL141A Cert3 j e d Ccpy of P0WER OF ATTORNEY KtiC�f ALL _! t3Y Tt'=�i: PF.55_'VTS: That the E %CRE:A INSURANCE COMPANY, a Ccrporat'cn duly au»hcrizedand existing under the laws of the Stare cf AFI . A and having its yrinc:pal c'"•ce in the Ci;ycf San Mego. California, dcesheretynorrinate.ccns itute and appoint: PHILIP E. V=GA its true and tawful Averney(s)4n-Fact,wi1% lull power and authority hereby conferred in its name, place and read. to execute. seat, ackncwtedge and deliver any and all tcrtds, urderakirss•reccsni:ances or ctherwriren obligations in the nature hereof. This Power e! Armmey is Granted and is signed and sealed by facsimile under and by the authctity a L5e lc11owing Resetu4icn adepted byi." Board of Cirectcrs of t`.e ECPLCl+:R INSURANCE CCI.tPANY at a meeting duty Wed and held on the Mid day of.JULY. MS. which said F.esclution has net been amended orresc:nded and of which the following is a true. full, and compfetec ;py. •FSSCL1rD: That I." President or Sec:e:ary may f:em tfrre to tine ap;cint A; -;:preys -in -Face to rerresert and act for and on behalf of "he Company, and either'Uht President cr Secre::rf, the Beard cf Cirectars er Executive Committee may at anytime remove such Arameys•in-Fact and revoke the Power of Arorneysiwn him or her: and !:*it fur:.yer ASSCLV=0: That the Attorney -in -Fact tray to given full Fewer to execute fcr and in the name of and Cn behatt'cf the Company any and all tends and undertakings as the tusiress of :.`a Company may require, and icy sucti bends or urderakinp executed by any such Anomey4n. FW.. shalt to as binding .pen the Cem.;any as If signed try the President and sealed and a::es:ed by the Sap. etary.' IN YlITNSSS ECPLCn=:a WSUPANCE C00'.1PANY has caused its or -c:al seal to to hereun:a affixed and these presents to be s°Snedbyi'sdulyauthcri:edor.",cersshfs 22nd day of cece=:per, 1969. SYSL"?4 , STLCRER 124SURANCE CMIPANY % . p G [• i SIAtCr CAUFOF..n �1M,%Id COUNTY OF SAN ME30 SS: ~Z X. ` • res:cent Cnthis 22ne- dayo= Cec., ce6gethe subscriber.aN'ctwyPubGcof;.heSome cfCatifernia.Inand fcrthe County ofSan Cieso. duty commissfcned and GualiSed, came Bernard :ttarin Feldman of E(PLCAE.R INSUPi.NCE CCtifPA,`'Y to me personalty known to be the in- Cividualard oflicerdes:: bed in and who executed the preceding Ins rument.and to acknowledged the execu•Jon of the same, and being by me duly sworn. deposeth Lid sai»h. that to is :.`.a said of ice, cf the Cc rcraaon aforesaid. ar•.d that »he seal affixed to the preceding Instrument Is the Carporate Seal of -W t said Ccrpera:icn. and that :he said Corporate Seal and Ms signature as such Wficer were duly affixed and subsc--•bed to the said ins:wrrentbyte a authcriy and dlrectloncf the said Co roravcn. 1 *ara''srr•r. P%i--r.�ra :r rt ri ietr . � _-vP s'.T .ti � IN,VA;+NESS Vhicrc�F. I h;ve hire r:s ry■ bard and affixed my Cr'c:al Staf. at the G`j of San Cie=. the day and year first atcve yY s) fit_ • - 'a..•-y •. .. . - �7 F �+M+ • � N. i1 .• I �..L • ✓ i . I•...wf i � �. i :"::ems:...•..:r STATE E Or 66rCA:,JR., - - - ry C^.lf,MY OF SAN DIEGO 1, the undersisr.ed, James W. AA.%6n. Lt. of the EXPLORER INSUP.WCE COMPMY, do herety eer,;.y :,hat the original FCvrR OF ATTCR- N'=Y.cf which t':e foregoing is a full, rue an, c:rrect c:r y. is in full fcree amd etfec:, and has net teen re•rcked. IN %ITNESS WHEREOF. t have hereunto sutscribtd my name as Secre:sry, aid artxed:he Corrcrate Seat of the Corporvicn, this 1ST daycf LKNEMBER 19 94 EX:LO:-ER LNSUF.+.\'CE CO'•1?A`'Y swsr;a la SEAL e) ,' (�,� � r• f� EX? CAL 37 4 f i i SAFECO INSURANCr COWANY Oft AMERICA CANERAL IN"AN" COMPANY OF AWERICA ® FIRST NATIOKAL IUSURANCE COLVANY OF AMERICA HOIA OFFIM SAFECO PLAZA UATTLE,WASMINOTOR ta19S BID BOND Canfwme with The American lnstltute of AmNtecta, AI.A. Oecument No. A-310 BOND NO. 562 73 59 KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT a. Principal, bere'Inafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA. of S"Ille, Washington, a corporation duly organized sender the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, In the sum of TEN PERCENT OF THE TOTAL BID IN ----------------------------------- Dollm ($ 10% of Total Bid), for the payment of which eum well and truly to be made, the said Principal and the said Surety, bind ourselvee,w heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has submitted a bid for VARTOM T.0rATTON4.;. PROJrC'L Fa. MSC-375__ NOW, THEREFORE, It the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee In sccordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee The difference not to exceed the penav •hereof between the amount specified ld said bid and such larger amount for which the Obliges may In good faith contract with another party to perform the Woik covered by said bid, then this obligations shall be null and void, otherwise to remain In full forte Lead effect. Signed and sealed this is t day of BID DATE: ^NOVEMBER 3x 1994 W itnow Witness FOVEMBER , 19 94• . ALL AMERIC4N ASPHALT (Seal) Principal p r. � ;� fa �S. Title SA WNY OF AMERICA B Attornev-in-Fact -8030 � 1Ct00 7 (1) ROQlstereG trwsmut of SAFECO COfW0%;aL PRINTED IN U.S.A. � •i POWER SAFECO INSMANCE COKVANY OF AktRICA OF ATTORNEYNOAAE OFFICE: SAFECO PLAZA $EATTLE, WASHINGTON 08115 No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint a aaaeaaaa—ass mega aaaOWEN M. BROM, Anaheim, CaIIfornlaaaeaaa'as■aaaaaaaaaaaeaaaaaaasaaaaaaaw% Its true and lawful attorneys) -In -fact, with full authority to execute on behalf of the company fidelity and surety bonds or Undertakings and other doctrnents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMEMCA thereby as tufty as it such instruments had been duty executed by its regularly elected officers in Its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4 t h CERTIFICATE Cayof _ January - .�• 1993 . Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SLX;M BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer In Charge of surety Operation& snail each have authority to appoint Individuals as attorneils-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 facsimile thereof. may be Impressed or affixed or In any other manner reproduced: provided. however. that the seal shW1 not be necessary to the Pali(Ity of any Such instrument or u►dertakirW Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adcpted 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 GO A Copy Of the power -of -attorney appointment, executed pursuant thereto, and 0ii) Certifying that said power -of -attorney appointment Is In full force and effect, the signal re of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof.! l R. A. Pierson. Secretary of SAFECO 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 corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation S-131MIEP 1/03 INS 1 r day of 0 Registered treaemark of 3AFECO Cerporsti&L JW VIGILANT INSURANCE COMPANY 15 Mountain View Road, R 0. Box 1615 CHiJBB Warren, New Jersey 07061-1615 BID BOND (AIA A310) KNOW ALL MEN BY THESE PRESENTS that Los Angeles Engineering, Inc. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee. In the sum of Ten Percent of the Amount of the Bid Dollars (S 10% ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, "y by these presents. WHEREAS the Principal has submitted a bid for Reconstruction & Improvements of various local streets in Huntington Beach MSC-375 NOW, THEREFORE, N the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the falthful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obllgee may In good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed, sealed and dated November 3,1994 Los Angeles Engineerinq. Inc. by vq�bbart 6prnez fty'lGy-1M RCt' VIG LANT 1 RANCE COMPANY by ,. 1chard Adair ►=meyInFact Fam I5-02-0=(Ed. 1A" STATE OF CALIFORNIA ) ) S.S. COUNTY OF Los Angeles ) On November 3,1994 - - , before me, Patricia A. Qolan , , personally 'appeared _Rjr.Kard-Adair - , z_ personally known to me; or proved to me on the basis of satisfactory evidence to be the person() whose name(A) is/arc subscribed to the within instrument and acknowledged to me that he/ sckgy5ftk rx executed the same in his/kxxxAct9 me= authorized capacity(txm) , and that by his/ Jkimifr signature(s) on the instrument the person(r.) or the entity upon behalf of which the-person(a) acted, executed the instrument. S m hand and official seal. ��c;RL STEAL Y PATRICIA A. ppLAN ( SEAL) NOTARr PUBLIC. aUfMtljJI LOS ANGELES COIJNTY signature or Notary PuDiic _______ CAPACITY CLAIMED BY 8IGNER: �.___ ____________...�__ � 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 x Attorney -in -Fact �trustee(s) Guardian/Conservator Other: signer is representing: Surety 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 wP1e:ltwm%Kkom1&(rty 12197) rp/elfwm%mcknwlgIrsv 12MZ i,.) POWER OF ATTORNEY �+ VIGILANT INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Mon by these Presents. That VIGILANT INSURANCE COMPANY, a New York Corporation, ham constituted and appointed, and does hereby constitufeartdappolnt Howard Siskel, Richard•Adair, Joseph E. Cochran, Bronwyn Murdock and Mark E. Shreckengast of Los Angeles, California --------- _...—_-___..____�w_—_—_..�., each Its true and lawful Attorney -in -Fact to execute under such designation h Its name and to affix -Its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds or obligations given or executed In the course of Its business, and consents for the release of retained percentages arWor final estimates. h W1uvasa Wham I, acid MU —IT WSURAACE COUPOY tw, twuAR[ b ks ertka% ea_ ww sw4 pmwn is bo wonw by e. V,0 %0$M14 W4 AUWAM s40WA.V W4 %L ooryorM"lot* Woo amxwR" 15th ayd September, 16 94 carpomw seer VXULu T 01"It jCE COMPANY at Oerandv G 4eurla //; tflee PtaerddM STATE Of Nr*JERM County of Somerset J on h's 15 t h day d September, 19 94 , berorr m. P«aor�aM cam. xMMr1h Q Nhrdai b er inown.r,d by �. tRorn to b& aaaswa SecmtMy a v16a.Artr a15dlRANCE COMPANY. go corpaWeon daeamed h and WMCh exa MM4 R& toregWV Pamr d AR ftft and lti .Fa U"G IYe+Wel berg by Mr G+rr araf� lid dapoaa and say tof M i Awatary S+ae+ary d VIC.ttJllrT atsi R"CE COBPAf Y and krw.m 90 W"We "W trred: tut tw wool atnmd to VOlwepdn0 Pow orAna w 1l ace oorywaw aw and aa- Romig &mood t y auEwray Colo Snows d m d Comp.nr. and Rat Ala agned said Power aAtottwy a- Aa-ariri Seomaary a aaid Company by Ira aaallala�f, ud t+at er r< ec4+a:+--d +rer Gerahfo Q HLa,sia of W lu+ora l+im qbe tr Vkr PsesidMx d atia Caripr►y, ana t+at tr dq+atse d ward 6rando s3. I,ra�xit a�t:-d n e-id Power d Aadr�r to � ir. ego hudM+lrr¢ a tad tiera� G. trautit and wa t+-m+o a�aenbed by a,ltldr&y a wa byi.awa and h eaponartra 9 0 0ta sew ?�.4 A. t C l a kfcnoaA-dpw rid S We rrr OTAR : Ond* PUBLIC%AL� •f•*e` CERTVWAT1ON merA. SCAVOI hoea STATE OF KEWJERSEY Notary Public. State of New leaq County of Somerset } ss. N0.:066520 COMWSSiOn ExroiM d rrOctober Sgp4 A I* 40mv xAasr&anl sewwy f inCAANy aiSURANCE COMPANY. do Iweut bycen y tt~ roaviAV is a Ina aawpt km Ra by{awa t» w4 scarp" as a o-' 6y ss fiord or Ddecwv W fW W by-t" is in oat km and drag 'ARtCU XV See�son t A! ttxvda, w+danakY+pti oorkects and oowr Y>a¢rreess Odrt tan as above lot and an b-frN d tw Garoarry +rA+kh 1 k Whoetssd by kw a ita filar 1a ex&tue. an&y and a11a1 be oxaRaAed h ttr mum and an Wa at rtr Cwnpany !fist by To 0 air?w or to Y41 Cm;ftrati or rrd Mao" of a Mae Pvaeldvc Ioitrty vrtrr ft Seaewry W an Anow seawary, wow ttt" aapeceM d"gftbona..wept mat "One w Mara otscara Or anvrr►ervY►dacl Oaapna4d a am fwokAion d tw 9aW d DnCW- a M E.ocwve Gaerrraeo, or h any Ppwr d saan.y e■oaaw ae prorfor In Saeton I bebr, amy exaau any a 4h bon4 w%*wU V or atnr obigabw u 0mvidod In W-ch ree06AM er P*~ Qf *Dom" a.coon 3, AN powem d aaarney fo► and ah banal d ro CanpM+y may and errl b& asaC4X&d h tm nano and o7 bdrN d tw Campary, aver by fM Cha:M+n w the Vq Cna+mrf er tr Pneidrvf w a Van Pre-Arvt a aMaMMI Vx:a $rcnwy w anAaaLtart dourAWM TM apnagrr d k4h Oka' Mry be onVoveit p i - ar 0n0VW @& The r+pnat~ra d soon d to taaawirp otioerc CnarrrwLYoe Cneinrrr4lMaadara. eny Ver Praaiaara anyAaaiSravAa lraaie-ra, any aeQftarY av+yA-aeW t eec+eeary arW Re seal d Re raf,pw/ wry be arm" by %cow" b am Porar d aaa++ry of to any eanrw,. falawg Rousts appWaV Ama~4 ea~" A:as+rf&-"eot be p "G" any d asomMV end awrrq ba+aa uW rr�aenakYga i�d od+er a a0fyalay h tfe Nave tMred. and cry eurJr pow&► d.Laney w 0ertata4 boa tq WU1 b0urie agran W tambnW ew anaa be v&W and arrdnq %W ale CWO" and any wch Porn so &Lowed and wMad by such bcwT& si mut and facernaa aMt anal be vow and beQtnp WW to CarpLw WRt owea b any bond or wdMla" b W=h 10 afeacn v 1 brow W* Rut "VWA AW MURANCE COMPANY Y ** bmwW fv fusel %Wxy and Barely b emu h a&o art* $Wig *It* UnUd So W dAnrrlca. Piere1t d C+ kA*w and Pedro R*%rW w aW &OV iw wW to beoonw so* wary an bans. t *wukirep& ev— penrrtwd a nq,*W by ra Mire or to Un"d Sumo And I rartrr WVy 9W re fvreperp Power of AWnwr Is In 6A fwo& and &Nett GN" order NJ i d acid Company 0 Woman, XJ. I rd .19 . CVPa -a Lai 4. IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICIRY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. wm t5-1"= (Rig. 59e) CCOSENT , Forrre ,\ n5 r:e9eret rarer or .\teaene• vv %JVI.O.v—v E!�F.:";GtR"cC�_=TES 3Y A!l0 !+A:L TO c �,,,� • l,,,i � CICGF,tERaLe POWER Or ATTORNEY (With Durable Provision) TO ALL PERSONS, be it known, that ANGUS O'BRIEY PRESIDENT of LSS A'1GJL 5 E .'GjvEE51NG INC. , the undersigned ranter, o reby m can grant a general power of attorney to ROBERT GO,uEZ PROJECT MANAGER or LOS j4YGEl�S E'1GINEER1;yGNC, , and do thetcupon tons.rtute an aFpalat sat mW vtliLa as my arorrcy-in•facL My anorncy-in•ract shall have full powers and authority to do and undertake all acts on my behalf that I could do pers.^.nally. with full power of substitution and revccat cn, including but not limited by said authority tT.e tight to sell, (Iced. buy, trade, lease. mongagc. assign, rent or dis-me of any of my present or future real or personal property: the right to execute. accept, undone kc and rerferm anv and all contracts in my name: the right to deposit, endorse, or withdraw funds to or from any of my bank accounts. depositories or safe deposit box: the right to borrow, lend, invest or reinvest funds on any terms: the right to initiate, defend, ccmmesc^ or settle legal anions on my behalf: the right to vote (in person or by proxy) any shares or beneficial interest in any entity, and the right to retain any accountart. aeerney or other advisor deemed necessary to protect my interests generally or relative to any foregoing unlimited power. My a:terneyin•fact hereby accepts this arpoirtment subject to its terns and ay ees to act and perfom. in said fiduciary capacity consistent wits my best irwrests as he in his best discretion deems zdvisable, and t all -um and ratiry all acs so under l-en. Special durable provisions; This power of attorney shall be revoked upon sh.,9 act be afrrcred by disab:Iity of the Cr^..ntor, and shall oche. xise l� eon inut in full rome and cff.ct artil revoked by subsrgeent writin; beccme null and void aft:rdate of , 19 : (initial provisions which ar;ly). Other terms: ATTORNEY IN FACT SHALL HAVE THE RIGHT TO SIC-1 ANY AND ALL COt:TRACTS FeEXA:-Z:-F':e0 IN CF..C-'AL RE-, nD3 RECO=JER*S OFFICE LCS ANGELES COUNTY CALIFICOR IA - 4 PAST 8 All MAR 30 t-93 Signed under seal this 19th dayof MARCH .1993 Signed in the presence of. 1 CAROLYN SC T 1�' FRANK FERRI Wine }rowers that do not apply Stateof CALIFORNIA County or LOS ANGELES SS. MARCH 19th .1993 Then personally appeared ANGUS O' BR I E4 . *.c: above named. Grantor who known to me, signed or acknowledged the foregoing executed Power of Attorney as his or her Free act and deed, be I'm me. N tary Public 1`t o is •on Expires hOVEMi3E a 1996 JCItl6Cl9EIRG • SS92ex; 22ut NOrAM•41w� c.E,zLegal Forms C&nMtosrrtr.rCar . ; 3E:m=. w&z n4sui ANCE CCs• i=A.NY HEAD OFFICE, PHILADELPHrA. PENNSVLVANIA Bid Date: 11/3/94 Bond No, n/a' BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A310 IFEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO. as Principal, hereinafter. called the Principal, and the RELIANCE INSURANCE COMPANY of . Philadelphia, Pennsylvania,a corporation duly organiiod under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars 1'$ 10% }. for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction and Improvements of Various Local Streets MSC-375 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of October A.D. 19 94 RELIANCE INSURANCE COMPANY enry F. W fight. Attor ey in Fact BDR 2305 Ed.10-73 RF-NCR INSURANCE COMPA',J HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Henry F. Wright, individually, of Pasadena. California, its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys) -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of•the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed, this 24 day of August, 1993 STATE OF Washington COUNTY OF King )ss. On this 24 day of August, 1993 person to me known to be the Vice President of the R foregoing instrument and affixed the seal of Company,and the Resolution, set forth therein, `V NOT, t Y A PUBLIC ��, 3-Os-96 F RELIANCE INSURANCE COMPANY l Vice President Lawrence W. Carlstrom COMPANY, and acknowledged that he executed and attested the ;qto, and that Article VII, Section 1, 2, and 3 of the Sy -Laws of said Notary Public in and for State of Washington Residing at Puyallup 1, Robyn Layng, Assistant Secretary of the REL flN `6? MPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by sa URANCE COMPANY, which is still in full force and effect_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 25th day of October 19 94 64___A_ Assistant Secretary BOR-1431 Ed. 3193 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Los Angeles On October 25, 1994 DATE before me, Jeri Sumner, Notary Public NAME. TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared Henry F. Wright _ NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person fso whose name(m) is/am subscribed to the within instrument and ac- knowledged to me that he&txtbay executed the same in hishbamRhotc authorized capacityVmuo, and that by his/bar trait signatureoa� on the instrument the person(s4, �,#z or the entity upon behalf of which the Way Plbec—Caf Tk � personM acted, executed the instrument. tos /If QE0 C0UN1Y ��„ c«+rxr+.Ia�ir«,�tn:st. rove WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANlCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITYpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION - UM Reffvmt Ave.. P.O. Box 7484 • Canoga Park. CA 91309.7184 INSURANCE COMPANY OF THE WEST P.O. Box 85563, Son Diego, CA 92186-5563 BID OR PROPOSAL BOND 00W ALL MEN BY THESE PRESENTS.• That we, KOVAC, INC. _ _ _ . (hereinafter called the Principal). and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of Califomla, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authcrized by the laws of the State of California . as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) In the just and full sum of TEN PERCENT OF THE AMOUNT BID********'****************;** ]ollars (S 10% of amount***i lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, f►rmfy by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH THAT WHEREAS, the above bounden Principal as aforesaid, Is about to hand In and submit to the obligee a bid or proposal dated November 3, 1994 for RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS LOCAL STREETS, MSC-375 In accordance with the plans ,and specifications filed In the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, 0 the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain In full force and effect. IN WITNESS WHEREOF, said principal and said Surety' have.caused these presents to be duly signed and sealed this 24th day of'' - October 199,E KOVAC, INC. , 4 )K, INSURANCE COMPANY OF THE EST By Donald ]coop Attorney -in -Fact ICW CAI. 120 (7190) or ; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of Orange On 10-24-94 DATE before me, Angela H. Albright, Notary Public NAME. TITLE OF OFFICER • E G.. -dANE DOE. NOTARY PUBLIC' personally appeared Donald Roop NAMES( 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) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized pNG�KAL>3aIGt� capacity(ies), and that by his/her/their •- CID . #101807a 1- signature(s) on the instrument the persons), WTMY PAX ECOL*ri or the entity upon behalf of which the �Ev,� 27, Ira Myperson(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER . TITLEISI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL }® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:__. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpES) INSURANCE'COMPANY OF THE WEST ICW GP 416 DESCRIPTION OF ATTACKED DOCUMENT KOVAC, INC. bid bond- City of Huntington Beach TITLE OR TYPE OF DOCUMENT (2)two NUMBER OF PAGES 10-24-94 DATE OF DOCUMENT unknown SIGNER(S) OTHER THAN NAMED ABOVE x t INSURANCE COMPANY OF THE BEST HOME OFFICE: SAN DIEGO. CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office In the City of San Diego, California, does hereby nominate, constitute and appoint: DONALD ROOF Its true and lawful Attorneys) -In -Fact. with full power and authority hereby conferred In Its name, place and stead, to execute. seat. acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations In the nature thereof. This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973. which said Resolution has not been amended or rescinded and of which the following is a true. full. and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in. Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and In the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 14TH DAY OF OCTOBER 1986 ��►GP4Njr, INSURANCE COMPANY OF HE WEST RUA m s: �,uroR+.+`s President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 14TH DAY OF OCTOBER 1%More the subscriber, a Notary Public of the State of California. in and for the County of San Diego, duty commissioned and quatified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST. to me personally known to be the Individual and officer described in and who executed the preceding Instrument, and he acknow- ledged the execution of the same, and being by me duly sworn. deposeth and saith, that he Is the said officer of the Corporation aforesaid. and that the seal affixed to the preceding instrument Is the Corporate Seal of the said Corporation. and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written.- %i%%%"hZZ."e"a'��V�:Yfcb'l�s"11L�5h'1� ti CFFIC .:. SEAL S T A T E O P eXL?FCift N'I A' COUNTY OF SAN DIEGO SS: Notary Public 1. the undersigned, Richard S. King, Secretary of the Insurance Company of the West. do hereby certify that the original POWER OF ATTORNEY. of which the foregoing is a full. true and correct copy, is In full force and effect and has not been revoked. IN WITNESS WHEREOF. 1 have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 24t:h day of October i994. � �VAN,- �caRo"Ou fo i" a if N � x �.•mt,t : Se ary ICW CAL 37 (REV. 5/82) c411#01L • • uaiitmia Alt-rurpose PICKIk1fZuglltenL State of California County of Orange On, Q ��— before me, James T. Duncan, Notary Public, DALE personally appeared, .__ 4.6-, 4%' lCa✓ NA.ME(S) OF SIGNTA(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 j9 me that Ye"/ she / they executed F JAMES T. DU CAN � the same in /her /their authorized capacity comm. 895:015 (ies), and that bye / her / their signature (s) on the NOTARY PUBLIC . [ ,'.I � .-IA ` ORANGE eo;1VTY inst t:rument the person {s}, or the entity upon behalf Mr eW"L 0166 FO S. ,sae + of which the person (s) acted, executed the instrument. Witness my hand and official seal. 41 SIGYArAS of NOTARY WBUC OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and prevents fraudulent reattachment of this form. Capacity Claimed by Signer Type or Title of Document 9.� �'V" j rnion TYPE of mxum :Vr Number of pages: Date of Document: Signer(s) Ot er Than Named Above: ❑ Individual(s) ® Corporate IT=SI ❑ Partner(s)........................................❑General ......................................................❑Limited ❑ Attorney -in -Fact ❑ Guardian/Conservator ❑ Trustee(s) ❑ Other: Signer is Representing Him of paewe(sI s Entilr*al v 1 SCICD INDEMNITY COMPANY of CALIFORNIA � : o U BID BOND BOND NO. 20755-07 Bid Date: November 3, 1994 KNOW ALL MEN BY THESE PRESENTS, That we, B-1 ENTERPRISE CORPORATION as Principal, and INDEMNITY COMPANY of CALIFORNIA, a Califomla corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) In the full and just sum of Ten Percent total amount Dollars,($ 10%****************)for the payment whereof In lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Street Improvement.(MSC375) Various Locations NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance cf the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 1st ENTERPRISE- CORPORATION 1 Dil�ell A dayof November Principal 19_.94 - INDEMNITY COMPANY of CALIFORNIA 17780 Fitch Irvine, California 92714 (714) 263-33 BY .D. broffinson AttoffWt*I-Fact )CC 024 1493 GENERAL BID BOND STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On NOVEMBER 1, 1994 , before me, SANDRA BLACIO PERSONALLY APPEARED R.D. Johnson 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature / OPTIONAL % .-IF------------ TrJ This area for Ofeial Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 6L} ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS} OR ENTRY¢ES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond One. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES November 1, 1994 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE rl)-081 Fei-e/94 ALL-PURPOSE ACKNOWLEDGEMENT - POWER OF ATTORNEY OF . ; iNereMNITY COMPANY OF CALiFOA4A AND DEVELOPERS INSURANCE COMPANY N2 216791 P.O. BOX 19725. IRVINE, CA 92713 a (714) 263-3300 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March. 1996. 2. This Power of Attorney Is void if altered or if any portion Is erased. 3. This Power of Attorney Is void unless the seal is readable, the text to In brown lak, the signatures are in trtus Ink and this notice Is In red Ink. 4. This Power of Attorney should not be returned to the Attorneys) -in -Fact, but should remain *permanent part of the obligees records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. do each severalty, but not )otntiy, hereby make, constitute and appoint `GARY R. PETERSON, MARGARITA 1. LOPEZ, FRANCES E. MAGANA, R. D. JOHNSON, JOINTLY OR SEVERALLY*** the true and lawful Attorneys) -In -Fact, to make. execute, deliver and acknowledge, far and on behalf of each of said corporations as sureties, bonds, undertakings and cord acts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars (S2.500.000) In any single undertaking: giving and granting unto said Attorney(s)-in•Fact full power and authority to do and to perform every act necessary, requisite of proper to be done In connection therewith as each of s3ld corporations could do, but reserving to each of said corporatons full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact. pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the folltreing bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds. bonds on financial Institutions, tease bonds, Insurance company qualifying bonds. salt -Insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the tol'Owing resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORMIA and DEVELOPERS INSURANCE COMPANY.etfecthre as of September 24. 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corForallon be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or arty Assis- tant Secretary of the corporation be, and each of them hereby Is, euthorLted to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate veta"ng thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corForatlon when to affixed and In the future with respect to any bond, undertaking or Contract of suretyship to which It Is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this tat day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA By Q.. r OafF. Vincent], Jr. President ATTEST By Walter Crowell Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY Q i By r P. p a„y Dan F. Vincent!, Jr- 0 �oosr4llrn PreSldeM !''%OR 04'4ti Z ` DCT.fti W Ma! V o 1367 o ATTEST Isla r a n rrase`��? By Walter Crowell Secretary On April 1.1993. before me. Tiresa Taafua, personally appeared Dante F. Vincent(, Jr, and Walter Crowell, personally known to me (o► provided to me on the basis of satisfactory evidence) to be the persons) whose name(s) War* subscribed to the within instrument and acknowledged to me that hetsheithey executed the same in his/her their authorized capactty(ies), and that by his/her/their signature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument WITNESS my hand and official seal. Signature OFF iCIAL SEAL • i TIRESATAAFUA • �� NOTAW PUBLIC •CALiFORNui PRLkCa'ALOFFrCE IK M OrtANGE t:OUMTY Co Uy wntr40an E;a- Aug- e. 1905 CERTIFICATE01.1 r The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice President of DEVELOPERS INSURANCE COMPANY. does hereby core fy that the foregoing and attached Pourer of Attorney remains In lull force and has not been revoked; and furthermore. That the provlslons of the reso"ktna of the respective Boards of Directors of said Corporations set forth In the Power of Attorney, are In force as of the date of this Certificate. This Certificate 19 executed In the City of Irvine, California, this 1st day of November 199� INDEMNITY COMPANY OF CALIFORNIA Opa4y DEVELOPERS INSURANCE COMPANY �Miuq FIOR41 n �e`osro,r lti \ _ oCt.A r By _ `� alWat 00 (3ytl,`e - —7 Issf o -� firsit L.C. Fleblger �� a L. . FleDige► ; Senior Vice President ~• r e e +`r Senior Vice President IF ID-310 REV. 4r9] CBIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALA. R1EN 13Y TI IESE PRESENTS: BID BOND Thal we, NOBEST INCORPORATED CAIlforala: 23172 Plaza Pointe Prive Suite 185 Laguna I fills, CA 926S3 (714) 770-9733 (8M) 274-CDIC Natlnnal 1714) 770-980S FAX Bond No. Premium included in Bid Bond Service Undertaking its Principal. (hereinaflercalled the "Principal"). and Contractors Bonding and Insurance Company of Sealde. Washington, a corporation duly organized under the laws of the State of Washington, as Surely. (hereinafter called the "Surety"). are held firmly bound unit) CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID nol tltexceed TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Ikdlm ($ LOX ), for the payment of which sum well and truly lobe made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. W1lEltE:AS,Ilie Principal has suhmiIled abid for THE RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS IN THE CITY OF HUNTINGTON BEACH MSC-375 N(]W. T111i10-T-010i. if the Obligee shall accept the bid of the Principal and the Principal sliall enter into a contract with the Obligee in accordance: with [lie terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with bcxxt and sttl ficicni surety For ilia faithful 1wrforuiance of such contract and for the prompt payment of labor and material in the prosecution Ihereol', or in ilk: event of ilia failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such largeramount for which the Obligee; may in good faith contract with another parly to perform the work covered by said bid, then this obligation shall be null and void. otherwise In remain in full force and effect. Signed and sealed this 24TH day of Witness Witness c•i'_.iJ -IIN1161.5.71 19t1717 1hu1I:J in etntiv-rJlilre wish elk Amelkan ln>tilwe of AFLWICLla (AIA) by Cunlradnrs Ihilkllnr J1Al 11aurJ11L9 ("{"III411y.'VW Ulynap! in Itlli Ilne1111will c+lalrunith eaaoly kk Me Lapug%: uaeJ in AIA Ikwumvit A•3111, KA nary 111711 LJnn"I 11411 OCTOBER A.D.19 ' 94 NOBEST INCORPORATED (Seal) Surety: By n LINDA D. COA ondine and I Ck'<'�% Title Company Attorney -in -Fact as dlAIIII 02-r'A13I IVA m ALL-PURPOSE ACKNOWLEDGMENT State of Crtlifurnia County of Los Angeles On 10/24/94 before me, Dire 1)crsonally appeared CHRISTOPHER_J. COATS. NOTARY PUBLIC Name,' we ororrleer - e.g. "Jane Doe. NoInry runic" LINDA D. COATS Names(s) urSlgner(s) personally known to nic or proved to me on the irnsis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument rind acknowictlged to me that he/she/they executed the same In iris/Iler/their authorized capacity(ics), and that by his/lier/tlieir signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) seted, executed the instrument. Witness my hand and offecial seal, -- '' CHRISTOPHER I COATS uWi o COMM.,#969482 n - NOTARYPU6LICtAMMIA • m LOS ANGELES COt1NTY ° My Comm. [ v res Jury 15.1996 ATTENTION NOTARY. Although the Wrormation requested below is 0I710NA1., it could prevent fraudulent attachment of this certificate to unauthorized documents. TI11S CERTIFICATE MUST DE ATTACIIED TO THE DOCUMENT DESCRIBED AT RIGI IT: Tltic or Type orpocurnenI Number of ['ages Dale of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER „Individual(s) _Corporate Oflicer(s) .1111e(s) SIGNER 1S REPRESENTINC: Name or persons or enlily(ics) _I'artner(s)—Atlorney-in-Fact _Other ; . - I Is �.j z M;6P-0WEA,CWAT%0 f1fSPONSIBLE ONLY VORIK SOM 69SCAISEDANCUP TO tHE MOUNT Str FIXIM III ,....-.1�"coNTPALiogglawmo.imj4svRANcE'CoiA 3 &ME* P046IR OFAMONEX AgY SPASMEWLIL VOM TMS POWIR DFATTORNEX WTOLS HKIN AW OUESM6 AAKW OR WANT. TOYIEPAPI 'POWEI 7.ro CONT11ALCTORS SOWN.^ ID IN UTW ��ILLS,CAUFORW AT (IM M3 SO Ire ittomey G� *Wi.NQ, !�ALA 9,1 No - --Z,��x 77,777777- 177 -meet 08g4t. '-V A X L U U T X U L'f J U N V, I X F X U V 11T 57 U I 11 yTF7 PURTIMIM. I �4ujf I(NOWALL UNRIPM PPGXXTS *W CaftJNCFO=00NX% AND ,dK endu*b wm4AW &G I*mA&oA bosdvm%vipv4bjtf*PS&%U@rtm&W v*i1ecarpoarto sod dtbsCwV"&ffddLJy&1u*1bj ItsSwomey; 16 SOwn-93 Ourdair tk*pWO6SsSsdoFe*"W b Modo wKiff ordby Nd"of1*6Db*Jrq asol0bas s&f4din, Me RLSOLVIDthattko Proildeat loou*"od tDoppointsastionwoo4od OW ") N DA D. COATS W11p~fsd@AW*vtoO1p" bal,J1 Of wolfram bmale tmebe appriwedbIR1.7bol w 1LO&ao'nal, in *.xh panul sonswA ficusdag?o we% cos"aft urmy be owsood bj RLTbW or Rabat Tbial. JILMAD FURTHER" os:h PatrorefAlterstymM Set keh the spocilic descripiloo elthe bard k v%kh I appl4o, Ike sam aftlif prlw4mLthp raw of to obips, 04 pmol Sip% tit basil ronbur joac*0 for s biA vo%v"v).ftW*Adyirq sambor ol ft iderf lying mu*wol thapmvel utunsj� srA Th*mrsomi sirdem v! RLTWA or Wabary Nel; sod mq Oat lodli the derAptim wW RESOLVED FUWMR tat RI-Dia orlkrbors ThW is VAh2rindtoostabish a I&Au&Yk*l Wie Am bo64iO"iu;%soppkA61@ opicttion Uok be diftoll %4 fOdhinany WdUn POWK Of Altars". REOXV0 FURTHER 64%exapses othenvise provkW lit" kwo"aly bxc*wjsg tuAAiw% undo po cirtuwaumas Shot: W tbo cooked o-Ims focivrybi4psymed.pulas vA imam baud IaRj owsed St260,DW1Ibo hood is gborambodbytto lbs posal Simi Wawr bond nd quwanisodby the Sam I BasimssAcsiribholios tolhar thin a kid banj which ishalier Hm&kbd b1cievas (L41 eneW S3AMM0;OrW J�j abid bond *#Kb in W iwwu*d blitis bootooAvd fro d job wkwe,ff "coolrectle oward4im bond ponsfydq wy pwlomunco bond, paroost bond. Of amnbration prAIvv4m&" a puSurnevue sod For-estobtloice [a ors, botd IDM)lobeoncubod turs"d is Ihe W bond isle exuadIMM RESOLVED FURTHER thet the abwa noned Altvnep44ct Is grw.bd p~ ond ant.Wdl to soceed the oppSaLh pons! rolls mt iwil, in the jwffw:j.&jIir pm:qd aq ro"Won lix my bw4 in on arsoost vWJ so** onmrit ofesp WAians! misserence orafarty cask.6tier ofenadlar afhar socorky to issus ft bondL an 6-iq as ItedowiOdm and emnst of bd&ir Sol reAr-uffet" at callel" vs tat lailk k If* 904W of Ahmmy- REWLY0 ruRrWR [tot vo, outfi otifir of Jh& 9009fory of fie Caff" Of to COrify 04 Osftntay sod OffeCkW024 Of 00 "CiNg POSOWOMS i1ft any "ftd Amer Of Aficrfee 18 SWObF 64*VA*d Is The h4adsg paraves.1he bgraten 14 am I of 66 totaniog to b6d like C"my viiii respKI lathe atientrJ1 ond &Iadiwova ol talovipag to"tons at 4 212wed $Kmfwy of The CaTes r. RL Thipt Babora Thialor Aso Croul. PewtvEp MRTMR &,9 the S� mdjns rkKkMANg caroustica sho to Ptqw alAeorsol Is dil in farcs, sad oftA- of RL 04 or SO 'bord Th 44 ord Natery pwir. led tie owpM10 Mind i"Sty WAS il"amiSTI Go *-I Uor-lod P--m tA JLTI--j Lbrfi-1-61 tLi- and *4 fungaimil ftbbLtass as wtj to TOO Lirs ISd Pw of At my 4.9 as .4 as its t~i4a,6% " be bj bcsivule. and with Lia"d Power of Altaraor 9W IS doon�dan ooigiod im ON espod L p&SMVW nRDER Mor eg m"lut cas sdoFWd pnot is Exul *Wet eq Me &bow* m qW ft offDree"r4ed Im Ou Oxoposy we hereby aiper"dod. IN WITNESS Wif CTWS &OND" AIM INSURANCE COMPANY ha* ceased Those pro &"Is is be Signed by R.L. Ta6l @44 Barbara Thisk end as tacparst* anal to bu basis CottTRACTIOR3 RONE11fiG AJj0 INSURANCE CMAUJY ,Lr. UJID % WL Thki bam T1,64 AL J9 STATE OF CALIFORMA — CWITT OF ORANCE N 4- 1*-. 4 '!S 7, %� os 1/04/93 , to,"s v, you Ode z v*.rA s Nawy I%w s, &W kw to Oat d Qitwnu. Covatfal GrarvA iersway appeomed R I-Th slandli6vtom ITS 4 WOOMAY 1`0009 12 Sets be 04 psiouas vieso smium we ULSubw be IVA ordis to-OPJ P~ of AWArW orsd OckrWWIvd9v4 to me It at ttay execortod to *we is lbeir eL"UW cmp&Ll ins @03 W-A by Ilr4it sigr slurom on lie tmir&dPosiNGIA"mr-"C&CdboaubdlLoLjffWlodP*wwafAriwa*VL - 1,vaA1N=WfPMF.1 Iwo heausia Sol a -Q6M14.M4rv1- YOLANDA Z. VIGA CC*AIA A 110)Q516, NoJow P6&pbc - C-Cokwia 0"Wj4 couttri mv comn tc&" Vic 2. tog) P ��a.,A tat 1 L4 ut%U gig nod. *Arq q Oda am 140 V of ti;j-�q-rj-d a.,Aw *-of CON TRACT &16-GC" C. i li-rimuamm P&N`f. "� h�j WAWC or hieu of Coifi-Aft of ths 5wA*wy of CONTRACT= MCNMGJL4014WRANCE COMPA'Athal IN sbmw4lorpgoiagis I Paw@( of AlIxivir 181'r6d by " C"Im 124 daes hKoby forlbor corvir thA to SAU Poa*l of Alottoyls 14A in lor.0 Ord dract - -- q 11tils, CA, Ito 2 4 &yd GCT 4 61`10i Im :1 CAL(IFORNIA ALL-PURPOSE AYKNOWLEDGMENT State of California County of . Orang On I k - -:z,- 14 hr-,fnrn mp- David 'E. Poole'. lqotary Public DATE HAME.711LE Of OFFPCER-E.O.,imi DOE. NOTARY PUMIC" personally appeared - Larry Nodland kAMEjSj OF SiGNERIS1 personally known to me - OR - C1 proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized DAVID E. POOLE capacity(les), and that by his/her/their COMM. #98M9 > < signature(s) on the instrument the person(s), NOWlY PUBW 4 C4FMTA M OMWEMI'm or the entity -upon behalf of which the 1#1 Caym Egims Wy 14,1997 person(s) acted, executed the instrument. (Mhand and] offl'' seal. $1WAIUM OF NO 1AR-1 mmm OPTIONAL Though the data betow is riot required by law, it may prova vatuabte to persons (elying an the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIOUAL M CORPORATE OFFICER Larry Nodland TITLEis) 13 PARTNER(S) Q LIMITED Cl GENERAL 0 ATTORNEY.IN-FAc-r 0 TRUSTEE(S) 0 GUARDIA=ONSERVATOR 13 OTHER: SIGNER 15 REPRESENTING: tLWE OF PF.RScrqSj On ENTjrY(1ESj Nobest Incorporated DESCRIPTION OF ATTACHED DOCUMENT e5 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERIS) OTHER THAN NAMED ABOVE 01993 NATIONAL IYOTARYASSOCIATiCH &8= Reinnvei Awe., P.O. Sax 7184 sCanoga Paik. CA 91309-7164 BID PROPOSAL FRO14 Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: in compliance with the notice inviting sealed proposals for the RECONSTRUCTION MM IMPROVMONTS OF VARIOUS LOCAL STREETS IN THE CITY 07 HL=XNGTON BRACK, CALIFORNIA (GLORIA DRIVE, TORJIAX LANE, VANX CIRCLE, FAIRFIELD CIRCLE, B2LLIKGZR DRIVE, GOODWIN LANZ, LAWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The underBigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE 'NIT PRICE ITEM WITH L UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMOVE AND DISPOSE OF PARKWAY TREES AT PER EA. 2 138 EA. FLMNISH AND INSTALL ROOT BARRIER AT - I" - PEP, EA. 3 81999 L.F. REMOVE AND DISPOSE OF P.C.C. CURB AND GUTTER AT PER L.F. 9 9S- 4 25,947 S.F. REMOVE AND DISPOSE OF P.C.C. DRIVEWAY AT ' '_ (I.. � PER S.F. 9 4 5 26,918 S.F. REMOVE AND DISPOSE OF P.C.C. SIDEWALK AT PER S.F. 6 13,499 S.F. REMOVE AND DISPOSE OF ASPHALT CONCRETE AT PER S.F. 1314-99 P-1 IMI APPROXIMATE ITEM WITH UNIT PRICE UNIT No. QUAN7TITY WRITTEN IN WORDS PRICE TOTAL 7 8,999 L.F. CONSTRUCT P.C.C. CURB AND GUTT R AT PER L.F. 9— c9c) 92 1 a 2S,947 S.F. CONSTRUCT P.C.C. DRIVEWAY AT PER S.F. 2-- 4- 9 26,918 S.F. CONSTRUCT P.C.C. SIDEWALK AT S.F. 4o -PER /6es-zo 3 7-, 10 246 TON FURNISH AND PLACE ASPHALT CONCRETE ADJACENT TO GUTTER AT PER TON TOTAL "r. W, it is -weerstcod and agrep-1 that the ap.==_-o:'.e q%=t_JtJ-es zslicwn Jan the foregaing �m=osal schedullb are so�,j for the purpose of faci I i ;q the __ParisCM_ of bids ard thzt thi t= ar- t= Is canpemsation wiU be =r*utzd �%G the basis of the ae.-al 9=tities in the ompleted wcrk, wtxt-her they be e or less than those shown herein at the %mt prices bid in the proposal sche&xle. The m-0-ersigned undex-stands the contract tim limit allct�� for the contract is lin calerxiar days. If awarded the- contract., the undersigned Itereby agrees to sign said and funnus:h the necessary bonds within ten (10) days of the award of said contract, arA to begin work within ten (10) days frart the date of approval of the a=tract by U., CJV .1 of HLmtirq=n Beach, Cal.i.forrLia. T.h-- undp_-signed has ex==ed carefully the site of the work contemplated, the plans ard specificatu=, and the proposal and =tract fc=ns therefor- M�.e sub=sion of a �id ghall *be conclusive evide=e that the bidde has. inves-tigated and is satis- ,fted as to the =e-itic= to be encountered, as to the chara&-er,, quality,, and s=me c * to be perfo=ned . the quantities of iraterials to -be fur=* she! , and as to t:!:,.e req:_:-_n-_-it of.the proposal,, plans, speacificaticns, and t:he =4--actt. this pr sa I is N== : L-isert the ucTds "Cash, N "Certified C*=k, ir.%v be, in an an.=t equal to at least 10 percent of to the City of Huntington Beacli. Bidde Is Bcrjd,n as case The =de_rsigmed deposits the above r=e se-curity as a proposal ard agrees that it shall be forfeited to the City of Ew.tLngtcn Beach. as liquidated dmraces in case this proposal Is accepted by the City and the unde--sigwe- s�aU fail to �m�ate a ccntr�= fc-- doing said work and to f=u'-sh good and sufficient b=.ds in the form set forth in thle specifications and oont-.act docx.r-rits of the City, with surety satisfac-tory to the City within 10 days after the bidde-r has received written notice o,r-' t-he award of the ccntract; othe_-wise said sec=ity shz11 be retu-n-.ed to the Signed. Lice-nsed in ac=rdz--.ce with an act providLng for the registratd-cn of contract Licer-se NO- �22=%O - Signature of Bidder Business Address 9-Z-7'7- C�=QLjbwo� brL - Place of Beside-n-ce HVOTIZGL_� be_AU4)_ -CA - 9ZG4G- 4t7'34- Dated thds -2- daj of AM/ 1994- Biddler shzIl signify receipt of aU Addaida he--e,. if arry: Addp--Y-lx--n No. Date Fteceived Bidde Is Sig::at_-.-e PP43?CSM na,. .76=cN F=U= CF BICCER Bidder is reqUired tO - SU;ply t�le f011aAM infO=ati=- &'-&-ets mELy be attac_lx4 if necessary. 1. Fi= Name: 2. Add 9Z Ck_QUV�,MfP 3. Telephme: CP-(4-)P&4-1'e5_Z 4. (A Type- of 14L Or =atic= 5. C=p=aticn orga=ed mxlp-- the laws of t2he State of: 6. Ccrr�actnrls Licer-se Nmber: G 1� 2- ?_ 8 Cv 7. Ust the and aedresses of all marb_--s of tha fi= or nx-es am' tL,:tles of all officers of the c=peratim: S. R=bp-- of years e��erience as a =tractor in ccnst=uction wrk-. 9. List. a'%--- least. six projecAts ccupleted as of recmt. date: camAcr I mAss cF aD,= M, ADDEESS & PtaCtM MN_r_-5r_R CF Cg,%� AMMIC wwa ItIl I 10. List the n=e of tbe person who irs�_ � the site of Lhe pro=sed v=k for yo= fi=:— q6PWwy2L K,,6vA-L, Date of lrx=e�cdcn: 10-219- 514- 11. If requested by +Lhe City, the bidd shall f=11-sh a rctz--rized, financir-1 statane-nt, financial data, or othp_- info=aticn &nd references mafficiezritl�v cart--ehm-Lsive to pearndt an - a4sal of his ==_-ent financial P-4 DE&,.�WATTON OF SUBCONTRACIM.,� In -compliance with the "Subletting and S &=iUracting Fair Practices Act' being Section 4100-4113 of the Ckme—zimmt Ccde of the State of Cal i f='.Ua,, and anY xrend,mts themeto� eac.1i bidder sha3l set forth below the name and Iccatim of the place of business of each mlb=tra=r vho, will, perfb= uork or labcx, or rendexr service to the prine contractor in or about the cozis tr-uct-im of the ,�),k or i= -- in an ar.=t in excess of cne-balf (1/2) of one permit (1%) of the prim =ntractor's total bid, and shall further set forth tim port'iCn 02 t�4' worz* which. w:LU be dcne by each subccntractor. Cnly Cne subcont:_�_= f Or each part-im -&hall be Listed. If the ccn#.-ractar fails to speccify a sub=tractor for any portim of the ulork to be Pezfo=g-_-4 undear the contract, he qh--417 be dee-ed to bave agreed to perfc= S=h portion hi:—.se_1,P, and he sha I I not be pennitted to subccnt--,j-.:4.- that por-tim of tin wzork en=e-ett under t�e c=ditions hexre=affter set forth. Suz'_a=!:ir.g of subc=�tmmc'Ung of any portion of the work to whirh no m-bcc-.tracA-^" was d%�signateedd in tie original bid shall cnly be pe--dtted in cases of pL:blic eme--vi-anq .1 or ne—cessity,, and then mly after a finding reduced to writing as a p,:bl-,c ef t�,z legislativre Body of. the =ier. cr %rrCN ZM SUMCNTRACTOR'S M,"-M AND ADDMS3 Sm= rzmm NU-MM CLASS (0 By subraissim of this proposal, the c=tractor cexz-tifies: 1. That lie is able to and will perfor.m the balance of all wcak which is covezre-_4 in -the above subcontractor listing. 2. Mat ez City will be furnished- ccpies of all sub-cmntracts ente-zed into and bcnds fumrisheA - by nt acta. f= this project. 9272 CLOUDHAVEN DR. HUNTINGTON BEACH, CA 92646-4734 -%P-o io I A CVfY CLER?. HUNT16C In', i A- -I C 41-1f. Noy 3 10 01111 '94 E AON UNT!" Alia . - Z — I -- - - - � - - � . - - - 1 . , — — - .�- � � - � - -- ., kJ kw) BID PROPOSAL FROM E.A. MEMOZA CONTRACTIW Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND IMPROVE11ENTS OF VARIOUS LOCAL STREETS IN THE CITY OF HUN INGTON BEACH, CALIFORNIA (GLORIA DRIVE, TOR%TIAN LANE, VANS CIRCLE, FAIRFIELD CIRCLE, BELLINGER DRIVE, GOODWIN LANE, LAWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. "-or the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMOVE AND DISPOSFIOF PARKWAY TREES AT �a� k"W" PER EA. 300.0D 0 0 - 0 0 2 138 'EA. FURNISH,'A�NDIN TALL ROOT BARRIER AT dkA -4Pfj&X PER EA. 3 8,999 L.F. REMOVE AND DISPOSE 0%U-C. CURB AND GUTTER AT PER L.F. Do 4 25,947 S.F. REMOVE AND DISPOSE OF P.C.C. DRIVEWAY AT L5Y� Q" &�'Itp r PER S.F. 5 26,916 S.F. 1 REMOVE AND DISPOS F P C C SIDEWALK AT 6WL- !IJ2 ". PER S. F. A Zo 4 o 6 13,499 S.F. REMOVE AND DI ASPHALT CONCRETE 1 AT PER S.F. L) 0 P-1 Lm ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 7 8,999 L.F. CONSTRUCT P.C.0 AND GUTTER AT d-= PER L.F. E)o I I OE 8 25,947 S.F. CONSTRUCT P C C ' DRIVEJqAY a&� C&I, v PER S.F. �. -0 (o74A2---tx 9 26,918 S.F. CONSTRUCT P.c.�.,STDEWALK AT_f a.�d , C" PER S.F. Urc .alk V tr �1100 10 246 TON FURNISH AND PLACE ASPHALT CONCRETE ADJAC PER TON TOTAL wj It is urxq-erstood zn-id agreed that the approximte quantities shown in the foregoing proposal- schedule are solely f the purpose of facilitating comparison of bids arul that the contract=1s c&Tp�r&tio� will be carpruted upon basis of the actual quantitles in the carpleted work, whether they be mre or less than those shown herein at the unit- prices bid in the proposal schedule. The undersigned miderstands; the contract tin-e limit allotted for the contract, is 120 calmilar days. III: awarded the contract, the undexsigned hereby agr�-_s to sign said contract and fu=iish the necessary bonds within ten (10) days of the award of said cmtract, ai'd to begin work within ten (10) days fran the date of approval of the contract by the City of Huntingtoi.-i Beach, California. The undersigned has examined an efully the site of the work contemplated, the plans and specif ication-s, and. the proposal and contract- forms therefor, She suhnission of a bid s'hall 'be conclusive evidence that the bidder has investigated and is satis- f ied as to the conditions to be encountzrad, as to the charact-err, quality, and scm)e c-- -%,!a--,k to be perfd=ried, the quantities of materials to. be furnished, and as to th� rect— --re-nt of the proposal, plans, speci±ica&tions, and the ccn+=act. Az::�c.-panyLing this proposal is BIDDER'S BOND (s _j_oL51,A_o NOTICEE : Lnzert the words "Cash, 11 "Certif ied CIbeck, " or "Bidder's Bond," as the case may be, in axi amount equal to au least 10 percent of the total bid pricL_, payable to the Ci ty of Huntington Beach. The L�nderrsigned deposits the above name security as a proposal guaranty and agrees that it shall be fo'rfeited to the City of Huntington Beach as limAdated damges in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for do3-rq said work and to furnzish good and sufficient bonds in the form set forth in. the specifications and contract dccme-nts of the City, with surety satisfactory to the City within 10 days after itz bidder has received written. notice of the award of the contract; ot!�,erwise said security shall be returned to the under- signee- Licensed in accordance with an act providing for the registration of contract License No-. 411457A - . PAUL MENDOZA -BOARD MEMBER !a�! - Signature OIL Bidder Business Address 7050 VILLAGE DR. SUITE K . MENA -PARK, CA 90620 Place Of ResidenceBUM pZa, QMW .,E COUNTy Dated this 3RD da:j of NOVEMBER 1994 Bidder sha.111 sigmLffy receipt of all Adde—rida. here, if any: Addend= No. Date Received Bidder's Signature PROPOSED niEaMr-r I RSOU= CF 'R=DER Bi&e-- is required to supply the follading info=mtion. Additi=al Sheets MaY be .- =10� if necesS�. 1. Fi= NMV--: E.A. MENDOZA CONTRACTIW 7050 VILLAGE DR. SUITE K 2. Address: BUENA. PARK, CA 90620 3. TelephOM-. (714)521-8214 4. Type- of f i=-r-individual, partm�, or cor-mc�ation: CORPORATION CALIFORNIA 5. Corporation Orcarlized under the laws of the State of: 6. Contractor's License Mmter: 41-1457A 7. Lis -k the rumns and -O-d esses. of all mmbers of the firm or r=res ary! titles of all officers of the oormoration: ERNEST A. MEPMZA PRESIDENT ME35V WVDOZA JR. VICE PRESTDENr PAM MENDOZA t%)Aiw MPMEK B. M.-rber of vw-rs ecperiEmce. as a contractor in const-naction. ��ork: ' 14 9. idzt. at least six Projects ccr=leted as of racent date: DAT E AMM'W WORK ccmxi= MT, ADDEESS & PHCNE NT-TN=-r-R CF 00MR CDNSTRUCT�-TON C-rily OF '1USTIN 300 CENTENNIAL WAY $2,625,288.0(Dhipw OF TUSTINN 04 3/95 CA,92680 (714)573-3010 - --ITUSTIN, $365,000.00 PIAY/TEMIS BE ACHUNIFIED SC"00L DISTRICT COURTS 1993 1ION' 2201 E. MARKET STREET LONGBEACH, CA 90805 (310)436-9931 11111A jPffMBQX 429 $365,000.0 1�9' -L ---CA 991802 (818)308-6601 IRVINE UNIFIED SCHOOL DISTRICr 5050 BARRANCA PARKwAY �578,000.00 -TENNIS g2Lgm 1995 IRVINE,-CA- 92714 (714)6SI-0444 CHINO UNIFIED SCHOOL DISTRICT �STTF 5130 RIVERSIDE AVE. S530.000,00 WWK I qq-'1 CHINO, CA 91710 -- (909)628-1201 CAPISTRANO UNIFIED SCHOOL DISTRICT PARKING LOT 32972 CALLE PERFEMO (714)489-7000 �375;000.00 �STR�UCrIC�LN -1%94-- SM- JUAN CMISTRANO.- CA 92675 10. List the rk-m-- of the person who inspected the site of the proposed %lork for your fi=rL: PATH, MPNM7A Date off Inspect.Lon: 1 64 remiezted bv the City, the bidder shall furnish a mtzrized fina=iall stat-ane-nt, f imamcizl data, or other =f ormtion and ref erences suf f ic-jently cariprelhi-arisive to permit an appra i sa 1 of his c=ent f L-orzial condition. P-4 DESIGN.-_ ON OF SUBCONTRACTORS 1� in caripliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Ckwerm-pnnt Code of the State of California, and anY wendments. thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render sez-vice to -the prime contractor in or about the construct -Lon of the uork or , MtproVOW in an amount in excess of one-half (1/2) of one perce-Mt (1%) of the Prime contractor's total bid, and shall further set forth the portion of the wark which will be done by each subcontractor. Cnly one sutbcontractor for each portion shall be listed. 1-1 the contractor fails to specify a subccntractor for any portion of tile ucrk to be perfonred =der the contract, he shall be deemed to have agreed to per--or.-n such portion himself", and he shall not be perzratted to subcontract. timt portion of the work enxcept unde_r the conditions __ set forth. of sub=tracting of any portion of the work to which no s-&ccontractor was in t.he original bid shall only be pennitted in cases o.-E public Lty, and then only after a finding reduced to writing as a E_�,Yw_cy or necess-L public record of the Legislative Body of the owner. PQ=_GN CF WORK SUMCCNITRACTOR'S NAME AND ADDF—L'SS STATE LICENSE MMER CIASS By suhnisslicin of -,-Ids proposal-, the contractor certifies: 1. "Iratt he is able to and will perform the balance of all work which is covered iza, the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by subcontractor for this project. I i ) OW CIA. 3H."INDOZA c0lyfluCIVING MAXJNK3.- P 0 EM 40M, W-MIER. CALFURNA FKN;07 OF E: 7=VLLAGE DR., SLATE K, aLXNA PARK. CA SOP.20 GENERAL ENGNEERING MNTRACTOR TG:uTy ce mmruvlw iau�m 2000 MAIN STREEr 111MINGTON BEACH, CA RVXN9nW=CN & IMPROVEKENTS OF VARIOUS WCAL SZM= JLN THE CITY Or IRIMINMUN IMSC-375 DATE; —IV313.4 - @--10.-ILbML-- IP 4 *"r , . lb -L al 41 If 0 a 4& 46 IL U_ PC BID PROPOSAL FROM Citu Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND IMPROVENENTS OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (GLORIA DRIVE, TORJIAN LANE, VANE CIRCLE, FAIRFIELD CIRCLE, BELLINGER DRIVE, GOODWIN LANE, LAWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMOVE,_AND DI�POSEIOF PARKWAY TREES --4-OoX, AT— PER EA. 2 138 EA. FURN14P AND INSTALL ROOT BARRIER AT T T-T PER EA. C, C/ 3 81999 L.F. REMOVE AND DISPOSE OF P.C.C. CURB AND GUTTER AT MLWi�� PER L.F. 2 4 25,947 S.F. REMOVE AND DISPOSE OF P.C.C. DRIVEWAY AT (Dl,� tO Ne PER S.F. 1 5 26,918 S.F� REMOVE AND DISPOSE OF P.C.C. SIDEWALK AT C2&IC- =F', 0 PER S.F. -3; 13,499 S.F. REMOVE AND DISPOSE OF ASPHALT CONCRETE 2-< AT r-7)&G `t�­-00- PER S,F. 23,42-2.- P-1 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 7, 8,999 L.F. CONSTRUCT P.C.C. CURB AND GUTTER AT t---Q -ZE7(� K( PER L.F. 15� 8 25,947 S.F. CONSTRUCT P.C.C. DRIVEWAY k_lt_PER S.F. 2- - 967L 9 26,918 S.F. CONSTRUCT P.C.C. SIDEWALK AT_�Z� �,e 7_� -PER S.F. 2 60, 10 246 TON FURNISH AND PLACE ASPHALT CONCRETE ADJACENT TO GUTTER AT PER TON 75, 3 TOTAL VIC,# P-2 It is un-_qe_-stood -Ind agreed ti-lat the appr==ete quantities shown in the foregoing, 'proposal schedule sol for the purpose of facilita' g tile c=�:ariscn of bids arA that trz cont2 actor'sN"&q�ensatioii will be the basis of the actual quaxitities in the ccmpleted vnrk, whether they be T -re or less than those shown -herein at the unit prices bid in the proposal schedule. The uxlersigned inxierstands the contract time limit allot:�Ae for the contract is calerxim- days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days fran the date of approval of the contract by the City of Huntington Beach, Califo=Lia. The undersigned has examined carefully the site of the work contenplated, the plans and sDecifiicatioms, and the proposal and contract forms thexefor. =ie submission of a bid gha 11 'be conclusive evidezic-e that the bidder has ixivestigated and. is satis- fied as to the conditions to be ena=tered, as to the c-haracter, quality, and scope c -: --,��rk to be perffo=ried 0 the quantities of raterials to. be furnished,. and as to the reqL----n--,it of the proposal, plans, specifications, and the contract. Acz---=anying this proposal is ($ Q'U'Z��r-f — ) . NOTIC�E: Insert the words "Cash," "Certified Cieck, " or "Bidder's Bond, " as� the case may be, in an aniount equal to at least 10 percent of the total bid price, payable to the City of Hm-Ltington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shp 11 be :10-orfeited to the City of Huntington Beach as liquidated dzneges in case this proposal is accepted by the City and the undersigned s1hall faill to execute a contract for doing said work and to furnish good and suffficient bonds in the fo=n set forth in the specifications and contract do=n--nts of the City, with surety satisfactory to t1he City within 10 days after the bidder has received writber. notice of the award of the contract; otherwise said security s1ha 1-1 be returned to the =Y-�er- signed. Licensed in accordanze with an act providing for the registration of contract License No. Signature of Bidder Business Address Place of Residence Dated this - -�� - d4 of /V 0 V , 19 q Y Bidder s"hal-1 s--*.gr.LLfy receipt of all Addenda here, if any: Addend= No. Date Received Bidder's Signat-are PROF= INF V=CN RDQL= CF B=DM BiLider is required to. supply the folim4ing info=tion. Additional &heets may be at-tar-hed if necessary. 1. Fi= Nmm: __ 44 t-�± 03 ,Is 2. Address: 1, 3. Telephme: 999-736-n�3z 4. Type- of fi=m-irdividual, partni—arship, or c=p=tim: S. Cc.-p=a:,.im organized =xl--- the law-, of the State of: CIAL 11-_ 6. C=2t=aC-='S LiCIE-M-Se C,, C, r4-Y c) 72- 4 7. Lizt the n=es azy-1 addresses of all marbers of th-a f i= cr rim -es a-.Y-1 titles of all cf-licers of tha- corporaticn: of years mcp=ience as a - tL--act-or in omstroclUm ulork:.O fzo 9. list at.. least six projects =vleted as of recmt date: 01== AMOUIC Cl-� OF WOILK DATE Caqpj= - tWM, ADDRESS & PRICtE LUSER CF Ck'.,,, M- 1, G, ea, e U re 1-m-Z OCIL) Do- '0 r Z.4.. 10. Idst the rare for your fi=: ,inspected Pwsite of the pm.msed ur---k Dat-- of 3.1. If req%jested by tl-.e City, the bidde-r sM11 furnish a notarized financial Stateu-nit, finin-ricial datas, or ot-lx--- i:nfo=atinn ard refere=es sufficie-ritly ompreh-amsive to perm.1t an appmIsal of his =:rent financial =e-iti= P-4 DEC 'NATION OF SUBCONTRACTORr In ccimliance with the "Subletting and S 2x�ractir�g Fair Practices Act" beir.9 Secton 4100-4113 of the C<mv=-wrP_nt Code of the State of Cali - v and any amp-nd7mrits thpretop each bidder sha3l set forth belcw the narne arxi location of the place of kmsiness of each subcontractor who wi3l perf=. uvrk or labor or re-.,dp-- service to the prine contractor in or about the cons"t-ructtion of the wo=k or 31IjF_-WVW=TI- in an amount in excess of cm—balf," (1/2) of one percent (1%) of the prim contractor's total bid, and shall further set forth tie porticn of thz uczk uiuch will' be done by each tractor. Cnly one su- Xtractor for each. par-tion shall be listed. If t!m ccnt--acto-- fails to specify a subccntracb= for any portion of the work to be perco--md tL-.dp-- the cont—_ act, he sha I I be deened to have agreed to perfc= such. por-don h-Lmself, and he sha-U mt be pe=Litted to subcontract that portion of tin uark ecx-__�,. =.der the c=Aiticns herreima-fiter set forth. S=12-tting of subccntracting of any portion of the work to which no rab=.—,­ac-_cr ueas dosl-Smated in the criginal bid shall only be pen-utted in cases of pi-iblic erearr-cen :1 .,—.cy or necessity, and them only after a firAin- r&duced to wrili-mg as a public record of the Legislative Body of the cwrp--. CPO=-CZT SUB-CWTRACTOR'S W%%Z: AND AODMSS SMM LI NUMER =S By submission of this prcposal, the cmtractor certifies: 1. M7at he is able to and will perform the bal4-=e of all work wftichl is cove-m—d in -the abmm subcontractor listing. 2. Mmit the City will be furnished copies of all, sub-cantracts e-ntared into arZ honds furrmshed by fcr this pro�ect. ID-r �j BID PROPOSkL PROM Aw, �qaw'_Arj - A3PHAUT Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND IMPROVE11ENTS OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEALCH, CALIFORNIA (GLORIA DRIVE, TORJIAN LANE, VANE CIRCLE, FAIRFIELD CIRCLE, BELLINGER DRIVE, GOODWIN LANE, LAWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit; ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO- QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA- REMOVE AND DISPOSE OF PARKWAY TREES 00 AT Tk?RFZ- HV,41*W 5iiTY-t.i4Hj PER EA. 00 368 4Z 7&318 0CLLA?,r4 2 138 EA. FURNTSH AND INSTALL ROOT BARRIEP 00 AT -r.16 �404DarD AOO E:t�NT 001LA94PER EA. Za 2104 � 3 8,999 L.F. REMOVE AND DISPOSE OF P.C.C. CURB AND 56 GUTTER AT F009t. Mu-AR;5 AAO iFOP--tY-F�V ER L.F. 4.45 10/045, 4 25,947 S.F. REMOVE AND DISPOSE OF P-C.C. DRIVEWAY 46 AT Ok, LIMLAIZ A,�D TWT�6r Ct�TS PER S.F. 3i) 13te . 5 26,918 S.F. REMOVE AND DISPOSE OF P.C.C. 91DEWALK AT Oi4E COLLP4. A9D FiFTEF-4 I�X_Ar, PER S.F. 1.15 36,955 "70 6 13,499 S.F. REMOVE AND DISPOSE OF ASPHALT CONCRETE 9L AT OrIE 00U_AP_ -PER S.F. 1.06 13) 99,()0 P-1 01-9 MM ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY i WRITTEN IN WORDS PRICE i TOTAL 7 8,999 L.F. CONSTRUCT P.C.C. CURB AM GUTTER AT 141-rlr-- 0el.L.AQ5 PER L.F. 9-00 80)q9l.ob 8 2S,947 S.F. CONSTRUCT P.C.C. ]DRIVEWAY AT A4o 31�yv 6v-Al-j ER S.F. 9 26,918 S.F. cONSTRUCT P.C.C. SIDEWALK AT__j��AP- IxAg S.F. 10 246 TONY FURNISH AND PLACE ASPHALT CONCRETE ADJACENT TO GUTTER �o 32,4r7b ER T09 7 TOTAL P-2 it is under-stocd ard agreed that the apprar-unate quant-Jt-,es shown in the foregoing proposal- schedule are so] r for the purpose of facilita g the ccm�perisan of bids and i that the contractor I will be =puted �j� the basis of the actial quantities in the c=rpleted work, whether they be more or less than those shown herein at the unit. prices bid in the proposal schedule. The undersigned understands the contract time Lbnit allotted for the contract is 12Q c--dendar days - If awarded the contract, the undersigned hereby agree to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days frcm the date of approval of the contract- by the City of Huntington Bear-h, California. The undersigned has examined carefully the site of the work contemlated, the pLwLs and specifications, and the proposal and contract fo= therefor- Me submission of a bid si-all'be conclusive evidence that the bidder has investigated and is satis- Imi.ed as to the conditions to be encountered, as to the character, qual-ity, and scopee c-: -,nrk to be perf-o=ned, the quantities of materials to. be furni�h�,. and as to tl�e req— --me-nt oil the proposal, plans, specifications, ars-I the contract. this proposal is 61�QU�$ 5CO-49 (S 16ya OF 6)'D NOT T=- : L-isert, the words "Cash," "Certified Check, " or "Bidder's Bcrd," as t2ie case may be, in an. amount equal to at least 10 perceant of the total payable to the City of Huntington Beach. The undersigned deposits the above riame security as a proposal guaranty and agrees that it shall be forfeited to the City of Hunt-Lngton Beach as liquidated damages in case this proposal is accepted by the City and the uixJlersigi� s�all fail to execute a contract forr doing said work and to furnish good and sufficient bords in the fo= set forth izi the specifications and contract documents of the City, with surety satisfactory to the City wit�hin 10 days after the bidder has received written notice of the aw-a�d of the contract; otlhp�ise said security shall- be returned to the under- sic.-ned. Lice-n-sed in accordance with an act providing for the registration of contract License No. W7o7 3 KetWIO V.P--.SALF—S Si�natgxf-of Biddezr BusLiess Ad&-ess co&Q,-46 Place of Residence /A Dat-ed this 31ZL? daj of 06vetlape 1994 Bidder- shall! signify receipt of a-U Addenda here, if any: Addendum No. Date Received Bidde--'s Signature Bidder is required to - SLIPPlY the f011a*dng Add I tional sheets may be attached if necessary. 1 Fi=ML NaMS ALj, AiJERJ!�bd AsPHALT 2. Address: P.b. BbX 2:229 COPLOAA 7 CA 9 111 a 222-q 3. Telepb=v-- -- (40q) '736 J&OP 4. Type- of firmr-irxlividual, partnerShiP, Or COZ Draticn: 4ZRP29-&-r;,0A — _9. Corporation Organized w1der the laws of the State- of: - eAL1FoDP-diA 6. Contractor's License Nmter: 2&-76 23 7- Lis 14- the names and addresses of all members of the firm. or names and titles of all officers of the corporation: PAO P. 61 - 17v-esibrrh --OJW&a�se-A& - Y.P. EAA-Z RMMk 1,e4jib TFL- - V. P. 6AIES 8- Nmtx--- of years experience as a I in ocnstruction, work: ' 25yivs 9. 1,List at least six projects completed as of recent date: =MIACr GLASS CF I DATE —1 AMC= %TM CCmpl= - M4F, ADDRESS & PHCNE mtvsER cF aqxm 10. Ust the nam of the person who inspected the site of the proposed Ulork for yo= firm: MAUQ Date of Inspection: WovtMaap- .2 , IT14- 11. If reauested by the city, the bidder shall furnish a notarized financial stater,ent, financial datal or other information and references sufficiently catprehensive to permit an appraisal of his current financial condition. P-4 I ALL AMERICAN AE,,..HALT ALL AMERICAN AGGREGATES 1776 ALL AMERICAN WAY, P.O. BOX 2229, CORONA, CA 91718-2229 STATE CONTRACTORS LICENSE 0267073-A CONSTRUCTION PROJECT REFERENCES AGENCY/CONTACT CITY OF ANAHEIM Dave Nelson PROJECT BALL ROAD STREET IMPROVEMENTS ORANGE COUNTY EMA RESURFACING OF LIVE OAK Dave Goya CANYON ROAD CITY OF BUENA PARK RESURFACING VARIOUS Nabil Henien STREETS CITY OF SAN CLEMENTE AVE. CALAPIA Ben Parker IMPROVEMENTS CITY OF ONTARIO Gary Harms CITY OF TUSTIN Dave Dalbas CITY OF WESTMINSTER Moheb Argand CITY OF FOUNTAIN VALLEY Bob Kellison CITY OF WESTMINSTER Moheb Argand CITY OF LAGUNA BEACH Fred Shahida CITY OF ANAHEIM Dave Nelson CITY OF GARDEN GROVE John Ompad COUNTY OF ORANGE Richard Closson CITY OF CYPRESS Ernest Munoz CEDAR STREET IMPROVEMENTS EDINGER AVENUE REHABILITATION EDWARDS STREET REHABILITATION ELLIS AVENUE IMPROVEMENTS BROOXHURST/MAGNOLIA/ MCFADDEN REHAB VARIOUS STREET RESURFACING MAGNOLIA STREET IMPROVEMENT KNOTT AVENUE REHABILITATION RESURFACING VARIOUS STREETS HEATER RE -MIX AND REHABILITATION VARIOUS STREETS COMPLETED/AMOUNT JULY, 1993 $515,826 JUNE, 1993 $366,367 JUNE, 1993 *1,005,025 JUNE, 1993 $73,312 MAY, 1993 $123,061 MAY, 1993 $174,291 APRIL, 1993 $150,067 APRIL, 1993 $128,793 DECEMBER, 1992 $387,862 NOVEMBER, 1992 $406,770 OCTOBER, 1992 $120,000 OCTOBER, 1992 $353,000 OCTOBER, 1992 $1,173,000 SEPTEMBER, 1992 $694,000 TELEPHONE: 714-736-7600 e FAX: 714-736-7646 DE' 1VIATION OF SUBCONTRACTOR 'T -ices Act" being m c=pliance w- h the "subletting and Subcontracting Fair Pract Section 4100-42.13 of the Gcvp--.m=t Code of the State of California, and any xmndments tharetop each bidder shal T set forth below the nmm and location of the place of business of each subcont--=tor who. will perfo= work or labor or re.ndex- service to the prim contractor in or about the construcli-= of the uork or I=r0L; t=&J" in an ammnt in e=ess of one-balf (1/2) of one permennt (1%) of the prim c=tractorls total bid, and -shall further set forth the porticn of tin work utdch will be done by each. st-Ax=ntractor. Cnly one st:bcontxmc'_Cr fCW each portion. - ssl-all be Listed. If tim c=tractor fa i I to specify a - -_ — for any p=,U-cn of tlu-_ �mxk to be PemI_o=m_-4 under the contract, be shal I be deen-nd to bave agree-d to pe--,--'c=. s=h portion. hLnrelf, and he shall not be pe=nitted to subccnt--act that pertJ:cn of the work e-,=,-t uneh_- tin conditims hereinafter set forth. S='.amtting- of sub=ntracting of any perlj-= of the uark to which. no rubc--tract-orr J,Ps Z,%C in tte original bid shall only be pe_-uitted in cases of public ene--ve.m.cy or necessity, x-d tirm cnly after a finding reduced to writing as a p.:bl:,.c reoord of t.',e Legislative Body of the cumer. Por-CIM Cr MRK Slr--C=RPZM'.S M%M: MIM ;CDMSS S= Limzz 1172mm CCASS _MEE 5M;TH C4T. YOR.15A k�, subrxissicn. of this prcposal, the contractor certifies: 1. that Iz is able to and will perfarni the balance of all wank wtic-h is cove -red in -the above suhcontra--t= listing. 2. Shat t1he City will, be f=Tdshed copies of all sub-contra&ts entered into and bonds ft=mi sh4d by v,;46b =I. i - I for this project. ID-C A 11 merican )7 sphalt P 0 OX 2229 CORONA CA 91718 2229 FTO A F1 7il(- I T -"T" r-i-Ty or t4utht-�qoA oEAct-t Zrlu FUMPLL CiTY HALL, I-tor4TIr�Tok l3u�c�(,Cok RETURN REQUESTED BID PROPOSAL FROM Firms Name To the Honorable Mayor and city Council, City of Huntington Beach, California: In -compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND xxPRoyExxNTs or VARIOUS LOCAL STRIETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (GLORIA DRIVE, TDRJIAN LANE, VANS CIRCLE, FAIRFIRIM CIR CLE , BELLINGER DRIVE, GOODWIN LANE, LAWSON LANE, AND VIEW CIRCLI). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Directcr of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, Calif ornia, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT 110. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMPYE AND� DIPPOS F PARKWAY TREES :�w cr., V 0___ 9 , '900 F- ATA4V,.a9t44_.-__ 4.4-rN PER EA. 2 138 EA. FMIISH AND INSTALL OOT BARRIER 7_&A� AW ve AT C&CdA PER EA. 3 8,999 L.F. REMOVE AND DISPOSE OF P.C.C. CURB AND Gt=R AT ER L.P. 4 25,947 S.F. REMOVE AND DISPOSE OF P.C.C. DRIVEWAY AT _J2�V PER S.F. / 5 26,918 S.F. REMOVE AND DIS�P_qSE OF P.C.C. SIDEWALK AT 926E 4-- PER S.F. CI& gle 6,'- 6 13,499 S.F. REMOVE AND DISP9SE OF ASPHALT CONCRETE S. P —PER Jo WD-1 ITEM APPROXIMILTE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 7 8,999 L.F. CONSTRUCT P.C. C. PlB AbM. GUTTER AT 7;r-c-ICL SE: AJ . PER L.P. 06 2 a 2S,947 S.F. CONSTRUCT P�g. DRIVEWAY 36 AT_ZZ�,U 4 PER S.F. 9 26,918 S.F. CONSTRUCT P.C.C. SIDEWALX cf., 3 AT_7 PER S.F. 30 ,�IZQ 10 246 TOM FURNISH AND PLACE ASPHALT CONCP = ADJACENT TO GUTTER AT,4/ PER TON 2-57o TOT" P-2 it . is undparstcod and agreed tmt the -.==ate quan'Ut-ies shown in the foregoing prc sal schedule are sol for the purpose of facilital 3 the " of bids h CA.44 I. tu= vill' be cmputed t�� the basis af. the ac-.-� &71 t�,.a�t the tractox s�� quantities in the =pleted ,=k,, whether they be core or less than those sh:&m. bp--e= at the mit pr� bid in the proposal. =hedule. Mie =Ze--signed =4erstands the . contract. t=ne lLmit allottad for the =tract is 120 cale-ndar days. If awamdted the contract, the tundersigned hereby agrees to sign said cont=act anx! t=nislh the necessary bonds within ten (10) days of the award of said contract, amil to begin uark within ten (10) days E- - tim date of approval of the contract by the City of HimmUngton Beach, Cali ornia. t rry n -_s The =-?=rsigned has emmaned carefully the site of the work ten" the pla:- a:-T-1 speccifications, ard the proposal and contract foraLs therefor. I!m suhmiss= of a �id ghall be conclusive eviderce that the biddex- has investig-ated and is sal- - fted as to the cmeiticns to be encountered, as to the charact-e-r, quality#, and. sicame c -' ,=k to be pet--eo=ned,, t1he quantities of raterials to. be f arnislhed, a-rd as to t!�e of the proposal, plans, spec4f'catims, and the c=i4---a=-. this proposal is 88 W-Yf-, $ Lnsert thz wa=ls "Cas] artifield Memk," or "Bidde Is Bcmd,." as the case may be, in an amount equal to at least 10 pemne-rit of the total bid price, payable to the City of Huntington Beach. The urZe--signed deposits the above nam se--,=3,ty as a p==sal Suarar.ty ar-?- ag--L--s t�ot it shall be forfeited to the City of F=tingtm Beach as lics1idated damages in ca e this proposal is a pted by the City are thz undersigned shall fail to exe=ute a c=tra&. f -- doing said work a-.xl to f good and suf .-Ficient b=ds in t-.-.e f set forth in the spec ir-a and contract dommmnts of the City, with sL--ety satisfactory to the City wit-utin 10 days after the bidde has received writttpm notice of the award of the contract; cthe-rwi.% said se=ity shall be ret-=--.*d to the m-dp--- signed. Llcer--&- in accordance with an act pravid-ing for tlr- registratim of contract License No 1-1(o -A. .!�* q .-1 -0- r-, wk t' Y*tl VC) - Business Address Me a 3 C,44, C) 1 -7 -7-0 Place of Reside-.=e Dated this 5r� daj of Bidder s!,zl-1 signify receiprt of all Addenda here, if any: Ade4er&m No. Date Paceived Bidde Is Signat-� PROP= nr\...;A=ct; F07imm CF BILDER Bidder is require to - supply the follaring Lrd;m=ticn. Additional sheets my be attmlxe if necessary. 1. Fi= Ham: Lp,--s Apg-Agire, 6-%d% negrt'pq, I n c - ('64 3. 2. Add.-ers: 4. TypL- of f i=-Lndividual, par=em'"dp, or c=p=tim: Ch r r 5. Cr--- �Q(r) ICA porati=. crga=zed uncle-- the laws of the State of: 6. Ccn�acl=rls License V%=ber: 5,q i r lie -A 7. Us- the rzms &-4 a&-resses of &U rnarb=s of tiv_� fi= or nxnpas a:e- tz:tles Cf all officers of the =at!=.: rc4ttr-1 - B. N=bp-- of yeazm experic-moe- as a r,=-_-act=_r in const=u-c-tim wo=k: 9. List at least- six projecits c=i leted as of recent date: Cavr.P.AcT CASS CF I D= lK COM, ,M= McUn WOM KV M., ADDEMSS & PHCM: N7- _j CF C6. 10. lAs- the r=e of the the site of t!y-- pt-oposed w_­_k for",Ycn= fi=n: pw,2�z_r �bcv-�_ Dat-_ of Irzoec-tim: Y\3 D-\/ - C) 1. k cy��A 11. If re=.,P-sted by the City, the bidder shall fu,,,n='h a not?-,,ized 4 xl statmant, iiro=ial e-ata, or other Lnf=.aticn &nd references sufficie_ntJ�v to per=*t an appraisal of his c.,=mt fironzial =diticm. P-4 DEE NATION OF SUBCONTRACTOPc i In,ccrnpiian.ce with the "Sublet4- c4d- ,.ing and S a=t-zacting Fair Pra ces Act- be-ing Section 4100-4123 of the Gover-mimit Code of the State of CaliforMa, arld &--Y arr-n&mts th=et-op each bidde-- shall set forth below the r=e ard location of the p2ace of business of each subcontractor who wil.1 perfo= work or lab= or renden- service to the prme contractor in or about the =ns =uction of the work or in-P=m,-ent. in an a=mt in e=ess of one-half (1/2) of one pex-want- (1%) of e-e prim, contractor's total bid,, and shall further set forth the porUr-n of the wcrk utidh will be d=v-- by each M. r. Cn3.y cne suboonL-zactor for eadh porticn-shall be listed. If the ccnt-.a=r fails to specify a subc=tractor for ar;v . p=ticn of the ur.--.k to be per-fa=ed under the contract, he shall be deened to have agreed to perfcm, such porl-ion himself, ary-3 he sshall, not be pe=-nitted to sub=tnract, that porticn of t!v-- ucrk e=ept tL-.dp-- the cor2liticns hereinafter set- forth. Suz'-a-zting of rab=tracting of any parti=. of the work to Whic-li no W;*s = the original badd shall cnly be pea-mitted in cases of p:blic e-P--,3erj::( or mc-essity, ard tipan cnly afl,-.--- a firding reduce —A to writing as a Public r--.--d of the 14gislative Body of the own=. P=-CN CF WO&K SLMC=?,AL=R'S MuNCE: AND AODIT-SS S= LI MMM CMASS L2 h41.rI:1T A 0')V' EN suhnissi=. of this Proposal, the cont-ract-or C-e---Uf ies: 1. That be is able to and will perfoz= the balance of all wca:k which. is coverred in'the above zub=ntractor listing. 2. V-att t1he City will be furnished c=. ies of all sub -contracts entere,; into ar-d bonds fu---,uzl-.ed by suk -- - - - for this project. 'a - r, t LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176-A RECENTLY COMPLETED 42. City of San Dimas Krishna Patel 43. City of Simi Valley Kamran Panah (805) 583-06895 44. D.O.T. Earl Fukumoto (310) 516-4140 (909) 394-6200 S219,931 Walnut Ave/Teague Drive Imp. 1/94 Improvements of Drainage $ 59,750 Channel at the City's Maint. Yard 3/94 Spec. No. SV 93-29 07-OM1705 (07H602) Rte. 405. $ 52,869 HOV ingress/e-ress in Hawthorne 5/94 and Lawndale 4-5. Oi7y of Rndondo Be-Acn ALCA Zomplianca Prciect. P63se I S 90,cco Rccer Maurer Access Raimps Contract 7490 7 (3h) 372-1i7l 46. D.O.T. Rpr. Slope and Storm Drain $105,9Z5 Darrell McKenzie 07-442404 9/94 (818) 637-2506 47. D.O.T. Rte. 60/83 PCC Cross Gutters $91,000 Ashraf Mohamed 08-320004 91014 (909) 682-2640 48. L.A. Co. D.P.W. Ccnst. of Access Ramps $959,420 Yag Sarin CC 7020 10/94 (818) 458-3123 49. City of Long Beach Bus Stop Im-pprovements $98,125 Marty Boyd R-6217 10/Q14 (310) 490-9423 4134 Temple City Blvd. , Rosemead Califomia 91770 , (818) 454-5222 Fox (818) 454-5226 LOS ANGELES ENGINEERING, INC. Generci Engineering Contrcctor License No. 591176-A RECENTLY COMPLETED 30. City of LA Board of Public Works (213) 847-5112 Dennis Wong Pico -Midvale Off -Street Parking Lot 31. City of LA Board of Public Works (818) 989-8335 Rory Stillson Access Ramps Valley Dist. Unit 4 32. City of Burbank Parks & Rec. (818) 953-9575 Jan Bartolo Johnny Carson Park Tot Lot $116,000 8/93 $ 77,117 7/93 It 54,995 8/93 33. County of Orange/EMA (714) 567-6253 $ 48,855 Robert Witting Reconst. of Fullerton Creek Channel 7/103 34. City of Inglewood (310) 412-5333 $ 47,080" S.-,l (lagoago Ccnst. of Con:.-ete Bus Pads 8/93 35. City of Lonita (310) 325-7110 $179,000 Bill McConnell 252nd St/Hillcrest - Street Imp. 8/93 36. City of L.A. Board of Public Works (310) 573-4340 $522,268 Sunset Blvd. @ Will Rogers State 12/93 Steve Willis Park Road -Contract EXX81253 37. City of Pasadena (318) 405-4273 $168,175 Jim Callens Lincoln Ave. Widening - #15,176 12/93 38. Co. of Orange/EVA (714) 567-7832 $333,364 Stan Vander Mey Reconst. Coyote Creek Channel 12/93 39. Caltrans (714) 556-0780 $ 45,612 James Gallegos Rpr. Culvert Laguna Beach 12-026604 12/93 40. Co. Ventura Flood Control (805) 654-2021 $ 82,249 Hugh Clabaugh Arroyo Simi 1993 Storm Dmg. Rpr. 12/93 41. Los Angeles CRA (213) 977-2614 $168,860 Sandra Sunday Lincoln Heights 1 Revitalization 1/94 4134 Temple City Blvd. , Rosemead California 91770 * (818) 454-5222 Fcix (818) 454-5226 LOS ANGELES ENGINEER-ING, INC. General Engineering Contractor License No. 591176-A RECENTLY C0CkQZPj1L=ETZ 20. 1A Comm. Redevelopment Agency (213) 977-2656 S77,500 Al Nicholson r=&mk & Alameda 10/92 21. LA Dept Public Woks (310) 548-7691 $290,206 Dave Spangler "E" St - Alameda to Sanford 10/92 22. Co. of orange (714) 567-6253 S206,350 Robert Uitting St. drainage Qp. t parking lot 10/92 William: tL-son Regional Park 23. 1A Co. Sanitation Dist V2 (818) 962-3605 $1031728 Pon Lalka Storm Drain Puente Bills 12/92 24. Co. Orange Integrated (774) 568-4852 5131,320 Waste IvIngwnt. Dept. FEB Sanitary Landfill 12/92 Ray Douglass Vesilting Basin Discharge Channel 25. City Pancho P. V. (310) 541-6500 $38,525 Mona Starm.tti Altanura Cyn Culvert Rprs. 12/92 26. Alhambra Redev. Agency (M) 570-5030 $49,685 Anita Toler Goudy Honda Expansion Proj 503 27. Chino Basin Nun. Water Dist. (909) 987-1712 $22,148 Anthony Myers Concrete Cleanout Pads 4/93 28. City of Simi Valley (805) 583-0393 $21,552 Jay Seidemann Install Handicap Ramps 5/93 29. City of Inglewood (310) 412-5333 $2S,762 Sal Magbago Reconstruct Alleys 5/93 RQ Box 1606 * Baldwin Park, Calitornic 91706 * (818) 969-0456 Fax: (818) 812-9343 L j ].\ UP4011YEEPING LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176-A RECENTLY COMPLETED 11. Regents of Univ. of Calif. Gary Allen 12. City LA Public Works Nick Pendorf (310) 206-5938 S35,000 CDE/CDN Roadway Imp. 1/92 (818) 360-7473 $34,000 Dellvale Place Low Flow 12/91 13. City 1000 Oaks (805) 497-8611 S100,000 Manuel Alvarez Handicap ramps 11/91 14. City Palos Verdes Estates (213) 378-0383 $10,000 Aron Baker Ccnst. sidewalks 5/92 15. City of Industry Q18) 333-033E $24,500 C & C Engineering - Shawn Malganji Intersection Modifications John Reed Court & Gale 4/92 16. C.F.F.A. (916) 920-6565 $44,695 Ken Hamilton Desilting Basin - O.C. Fair 5/92 17. LA Dept. Public Works (818) 458-023 $15,344 Robert Swartz Sidewalks & ramps - Glengray St. 7/92 0. Caltrans (213) 724-0223 $15,689 Joe Kapono Repair soundwall - 07GS52 7/92 19. City of L.A. (213) 40-023 $211,370 Dept. Water & Power Const. Sidewalk, Street 11/0-1 &wne uInfriscri Lighting brprovements Uk Box 1606 * Baldwin Park, California 91706 e (818) 969-0456 Fax: (818) 812-9343 ENGINEERING LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176-A RECENTLY COMPLETED 1. City of Downey (213) 869-7331 $80,000 Bruce Brown Handicap & Ped. Imp. 5/91 2. City of Pasadena (818) 564-0454 $82,000 Jim Callens Const. Wheelchair ramps 11/91 3. City of Rialto (714) 820-2500 $350,000 Bruce Cluff Storm drain, street & 7/91 signal improvements 4. LA Public Works (818) 458-3104 $149,000 James Cathey San Gabriel River 11/91 Access Ramp 5. City LA Public Works (213) 485-3871 $68,000 Kit Yee Denny Ave. Ped. Tunnel 3/92 6. Caltrans (818) 441-1322 $187,000 Wayne Peirce Storm damage repair 9/91 Angeles Crest Hwy. 7. Caltrans (714) 798-8046 $210,000 Robert Weber Replace Bridge Rail 6/92 Route 259/215 8. City of Costa Mesa (714) 754-5022 $154,000 Mike Stevens Los Lagos Golf Course 7/92 Cart Paths 9. City of Azusa (818) 334-5125 $105,000 Nasser St. Improvements Phase 111 7/92 10. City of Westminster (714) 898-3311 $38,000 Dennis Koenig Const. Sidewalks 5/92 P.O. Box 1606 * Baldwin Park, California 91706 * (818) 969-0456 Fax: (818) 812-9343 Q6C!FY CLER�, . GITY L� t)e cktLi Ro:se CA Cle (L Df �-U-jn4ln�IDP &a C, IV I c ceulk P, lRe4�04-rWil D Yl OLO ry) f-.ML1eMePI 7'�5 151-0of Pr�MO-7BIJI. 6We-e-4- DDO W6LLn �L+� 0� Aun+ln�on k'5(, - 3-7ro - C4,k OOV. e ntl Y)�fm i3e a an Lit kl.00 BID PROPOSAL FROM [ ff I �_ Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BRACH, CALIFORNIA (GLORIA DRIVE, TORJIAN LANE, VANE CIRCLE, FAIRFIELD CIRCLE, BELLINGER DRIVE, GOODWIN LANE, LILWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California - The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT No. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMOVE AND DISPOSE OF PARKWAY TREES AT j\w\A, PER EA. . -1 1 0(:N\C-'r" 2 138 EA. FURNISH INST��L ROOT BARRIER �PER EA 1rV--jCC3 � %_� � 3 8,999 L.F_ REMOVE AND DISPOSE OF P.C-C. CURB AND GUTTER ATtA t�r PER L.F -7C 8 �6 TS 4 25,947 S.F. REMOVE AND DISPOSE OF P.C.0 DRIVEWAY �L&PER A0 AT S.F. --A 5 26,918 S.F. REMO AND DISPOSE QF P.C.C. SIDEWALK AT 91,�� C,, --a S.F. C —PER 6 13,499 S.F. REMOVE AND DISPOSE OF ASPHALIF CONCRETE 14�s DjV&-� aG -�- - Ua_VSPER S.F. I __ q,6 �71 =1 or ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 7 8,999 L.F. CONSTRUCT P.C.C. CURB AND GUI?TER AT f %ZSA-CLdS--lFrFl,-4(,eVjtWER L.F. SO - c� 8 25,947 S.F. CONSTRUCT P.C.&,DRIVEWAY AT��� r5 PER S.F. -7 9 )o CQ- 9 26,918 S.F. CONSTRUCT P C.C. SIDEWALK e— CAPER S.F. c� us o 10 246 TON FURNISH AND PLACE ASPHALT CONCRETE ADJACENT TO GUT ER 40V\Ckf'-�PER AT DAC_ TON 777 Aj TOTAL Av &a-, k P-2 It is ury-lerstcod and agreed tiat the approximate quantities shown J_n t-he forego=q proposall schedule are soL � for the purpose of faci-litzO � the ccmparison of bids And - that the contractor I sk4n�"msZt�cvn wil I be c=puted ilptfi� the basis of the actual quantities in the ampleted m=k, whether they he ==e or less than those shown herein at the un1t prices bid in the prcposal schedule. The undersigned unle--stands the contract time limit allotted for the contract is 12() calmxlar days. I'E awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days fr the date of approval of the contract by the City of Hunt_u�n Beach, California. The undersigned has examined carefully the site of the work. conte=lated, the plans and scecifications, ard the proposal and cont—,azt forrms therefor. The submission of a �idd shall -be conclusive evidence that the bidder has investigated and is satis- fied as to the coni-itions; to be encomtered, as to the character, quality, and scope c _: -,,�-_rk to be performed, the quantities of materials to, be furnished,. and as to tim re(T--anen-tt- of the p=posall, plans, specifications, and the contract. ,;z�-_=rany_Jnc this 'proposal is LI�LS� C� NCT7(=-: Insert the wards "Cash," "Car-,±fied Check," or "Bidder's Bcnd," as the case MaY be, in an amount equal to at least 10 percent of the total bid pricL, payable tc the City of Huntington Beach. The undersigned der-osits the above name security as a proposal guaranty and agrees that ijk-- sha-11 be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accented by the City and the undersigned shall fail to execute a cort--act doing said work and to furaish good and suff-ficient. bonds in, the fo=n set forth :Ln the specifications and contract d=znnts of the City, with surety satasfac�_--)ry to the City within 10 days after the bidder has received written notice of the award of -L:-ie contract; otherwise said sevuritv shall be ret-urned to the under- signed. Licersed Jn accor-dance with an act providing for t-he regis—t-ation of cont=act License SusLness Place Of Cc'_ Dated this I — . da�; of 1951-f Bidder shell signity receipt of all Addenda here, if any: Adderxq.un No. Date Received PROPC= Ma- -1 REX= CF B=DER Bidder is required to -supply the folla4inc sl�eets may be .j i nfo=nation atIt-ached if necessary. , PM 2. Fi= Name: Address: -PC 3. Telephone; -] j Lf - ffi2 a�f� 4. Type- of fi=-iTe-ividual, parUiership, or a=poratiai: 5. C=poration organized under the laws of the State of: —CiO, 6. Cont-ract-or's License Nur.t>---: 7. List t�� names and add esses; of all wembers of the f='m or names and tit-les ollr a-!! officevr's of corporation: r� K �OLC 44 0 't r�O"V� C- v e- 11 8. of years experience as a cm -,=actor in const--acta-on. work. 9. Id-st" 1F=a t six 'Drajeclts o=leted as oI: recent dalte: CC N —..- Z PC T CIASS CE DATE CCVpj.= gL =,T, ADDIMSS & RRCNT NT-7T%S--ER CF CWNER 10. List the naue of for Your fi.--m: > who inspected the site of the proposed work �-� 0 (-c— Datee of Inspection: In - - q 1-4 reauested by the City, the bidder gha I I fu-n-ash a notarized financial stataTr-rit, financial data, or other info=rata-on ary-4 references SUfflCiently = =ehensive to permit an appraisal o--L,' his c=eant financial corxiitior.. P-4 DES NATION OF SUBCONTRACTOP-c In caripliance �mrith the "Subletting and Subcontracting Fair P-ractioes Act" being Sec-Uon 4100-4113 of the C-over=rent Code of the State of CAJI-ii-ornia, and any amendwzt-s thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perfozm work or labor or render service to the priue contractor in or about the constn=tion of the uork or inmro in an armunt in excess of one-half (1/2) of one percent (1%) of the prine contractor's total bid, and shall further set forth the portion of the �mrk which will- be done by each subcontractor. Cnly one subcont=tor for each portion shal':;_ be 11sted. If the ccrit-ractor fails to specify a subcont=actor for any portion of the Work to be performed under the contract, he shall he deemed to have agreed to perform such portion hirmself, and he shall. ruDt be pe--mitted to zubc=,tract. tiat port -ion of tM work except under trn cond--tions herrednafte= set forth. S='-=--�ting- of subm-ont-racting of any portion of the work to which no subcontractor was in the original bid shall onl�y be pe=nitted in cases of public -s ity, and then only after a finding reduced to writing as a or ne—c sL pub-1-4c record of t1he Legislati-,7,e Body of the ow;ner. 'DOMMM OF C,,� K SUMCCINTPACTOR'S Nk'�E AM AMPSESS SMIT ==SE NUMBER =S /I Div\ A� By suhTLssic:.-- of this proposal, the contractor certifies: 1. r-rbat he is able to and ,,P-ll perform the balance of all work which is covered J-n-the above subcontractor listing. 2. That t1he City will be D=nishe-d copies of all sub -contracts entered into and bor4-s furnished by subcontractor for this project. NOBEST INCORPORATED Reference List CITY OF TORRANCE Project: Torrance Blvd. Reconstruction Contact: Sandy Cohen (310) 618-2820 2. CITY OF LAWNDALE Project: Freeman Avenue Contact: Mike Kapanpour (310) 970-2160 3. CITY OF CULVER CITY Project: Bus Pads Contact: Vernon Nickerson (310) 202-5711 4. CITY OF HUNTINGTON PARK Project: Salt Lake Avenue Contact: Pat Fu (213) 582-6161 5. CITY OF LONG BEACH Project: PCC Alley Improvements Contact: Bob Howard (310) 426-8020 6. CITY OF ANAHEIM (Maintenance Dept.) Project: Anaheim.Hills Golf Course Contact: Jacque Aoreno (714) 254-6860 $802,000 $260,000 $175,000 $117,000 $ 59,000 $ 8,000 GkLDCS�- RY7C) HUNTING1 �"i. NOV 3 5 CL�L, . . .... ......... . . .......... ............ ..... .. .. ...... . . . C CsLf\��,3 Lz) C- C', -7 VC, 71,0 CR" ducww".2, 6C4 91730 (714) 987-YY67 B-1 M Mr BID PROPOSAL FROM B-1 ENTERPRISE CORPORATION Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND IMPROVM4ENTS OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (GLORIA DRIVE, TORJIAN LANE, VANE CIRCLE, FAIRFIELD CIRCLE, BELLINGER DRIVE, GOODWIN LANE, LAWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEIM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMOVE AND DISPOSE OF PARKWAY TREES a AT PER EA. 2 138 EA. FURNISH AND INSTALL ROOT BARRIER AT PER EA. 7r- 3 81999 L.F. REMOVE AND DISPOSE OF P.C.C_ CURB AND GUTTER AT PER L.F. 4 25,947 S.F. REMOVE AND DISPOSE OF P.C.C. DRIVEWAY AT PER S.F. 5 26,918 S.F. REMOVE AND DISPOSE OF P.C.C. SIDEWALK AT PER S.F. 13 13,499 S.I.P. REMOVE AND DISPOSE OF ASPHALT CONCRETE AT PER S.F. P-1 MIR �wj ITEM APPROXIMATE ITEM WITH 'UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 7 8,999 L.F. CONSTRUCT P.C.C. CURB AND GUTTER AT PER L.F. 9� � /��, 9 8 25,947 S.F. CONSTRUCT P.C.C. DRIVEWAY AT PER S.F. -9 26,918 S-F. CONSTRUCT P.C.C. SIDEWALK AT PER S.F. ;z 1 10 246 TON FURNISH AND PLACE ASPHALT CONCRETE ADJACENT TO GUTTER (90 AT PER TON TOTAL C. -2 P-2 �� u It i43 understood and agreed that the - quantities shown in the foregoing L.-A.%.6psal schedule a so' r for the purpose of facilit� ig the carpariscn of bids ,647�:hat the contractorlb will be ocaputed. ..,zn the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the pw sa 1 schedule. The undersigned understands the contract tinie lindt allotted for the contract is calendar days If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days F -r the date of approval of the contract by the City of Huntington Beach, California. The underSIgned has ewmined ca efully the site of the work cont�mempp , the plan - and specifications, and the proposal and contract form therefor- The submissi of a �id -shall *be conclusive evidence that the bidd has investigated and is satis- 4ied as to the conditions to be encountered, as to the character, quality, and scope c ---' -,n--k to be performed, the quantities of materials to. be furnished,. and as to the reqL__ -_ment of the proposal, plans, specifications,, and the contract. Ac==anying this proposal is Bid Bond NOTICEE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above nanie security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to fu=ush good and sufficient bonds in the fo= set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the birid has received written notice of the award of the contract; otherwise said se cur ity shall be returned to the under- signed. Licensed in accordance with an act providing for the registration of contract License No. 336407 B-1 ENTERPRISE CORPORATION Signature of Bidder Niiil DiLello Business Address P.O. Box 714 Place of Residence 9605 Arrow Rte. Ste.E Rancho Cucamonga, Ca.M37- Dated this 1 St dZ4 of November , 19 94 Bidder shall signify receipt of all Addenda here, if any: None Addendum No. Date Received Bidd 's Signature .0 , - Z, 2MWA Bidder is required to -supply the follading Adel i tional sheets may be attached if necessary. 1. Fi3n Name: B-1 ENTERPRISE CORPORMON P.O. Box 714 Rancho Cucamonga, Ca. 91730 Telephon 909 987-1167 2. Address: 3. 4. Type- of firmr-irxiividual, partne=ship, or carr. =ation: —Corporation 5. C;or1poratj= oxtjwLized under the 1mvs of the State of: California 6. Contractor's License Number: 336407 7. List-- the names and addresses of all members of the fi=n or names and titles of all officers of the corporatim: Neil DiLello, President Secretary & Treasurer S. Number of years experience as a contractor in construction work: '18 yrs. 9. List at least six projects ccmpleted as of recent date: Please see attached CWMA= GZASS GF I DATE MM, ADDRESS & PHCNE NUMER CF GRER AM= WORK CCr4PZZ= . I I 10. List the name of the person who inspected the site of the proposed wrk for Your f_U:m: Neil DiLello Date of Inspection: 10/27/94 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other informatJmn and references sufficiently 1=rtpreherLsive to permit an appraisal of his current financia-1 conditicm. P-4 LiLry ot Paramount $336,270 199-2--93 Sidewalk,Curb & 2/94 16400 Colorado Ave. Cutter Repa' #9937 Par�movnt 90723 Bill Pagett 310 220 2020 City of Carlsbad 95,285 1992-93 Curb, Gutter & 4/94 1200 Carlsbad Village Dr Sidewalk Replacement #UK937 Carlsbad, 92008 Heide Heisterman 619 434 2937 City of Oceanside $309,921.65 Misc. Street Program 10/94 300 N. Hill 1212 75 7790 Oceanside 92054 Bill Teas 619 966 4174 City of Beverly Hills $130,000 Removal & Reconstruction 12/93 455 N. Rexford, Rm.190 of PCC Sidewalk 12119 Beverly Hills 90210 Paul Nagengast 310 285-2507 City of Lancaster $218,418 Curb, Gutter and Sidewalk Repair 4/93 44933 N. Fern at Various Locations CC262 Lancaster 93534 George Henderson 805 723-6017 City of Agoura Bills $71,888 Construction of Wheelchair 12/92 30101 Agoura Ct., Ste. 102 Ramps NIB N92-02 Agoura Rills 93.301 Roy Kiepke 818 597-7335 City of Burbank $106,360 Concrete Sidewalk Repair 12/92 275 E. Olive 14882 Burbank 91502 Dale Wagner 818 953-9517 City of Baldwin Park $32,957 Sidewalk Installation 5/92 14403 E. Pacific Project CDBG 1278 Baldwin Park 91706 Wendy 1— 818 813-5255 x 457 City of Irvine $124,912 Installation of Handicap 10/92 P.O.Box 19575 Ramps CIP 5187 Irvine 92713 Barbara Jaguzny 714 724-7677 City of Lancaster $210,145 CDBG Wheelchair Ramp 7/92 44933 N.Fern Ave. Installation C220 Lancaster 93534 Alan Perkins 805 723-5893 City of Costa Mesa $725,618 1989-90 Parkway Maintenance 4/92 77 Fair Dr. & 1990-91 New Sidewalk #91-08 Costa Mesa 92628 Tom Bank 714 754-5029 DE.' "WATION OF SUBCONTRACTORr in ccnTpliance with the "subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Gove=ment Code of the State of rAT, n - ia, and any ;:,Tr miments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who -vall perfozrn work or labor or render service to the prine contractor in or about the construction of the uork or imrovement in an amount in excess of one-half (1/2) of one percent (1%) of the I contractor's total bid, and shall further set forth the portion of the prim work which will be done by each subcontractor. CnIly one subcontractor for each portion shall be listed. 1-f'" t�z, contractor fa.Us to specify a subcontractor for any portion of the,�=.k to be perfo=ed under t�te cont-zact, he shall be deemed to have agre-ed to perf am such portion himself, and he -shall not be permitted to subccntract timt portion of tile ,Acr.k e=eept under t�,.P_ con4iitions - set forth. sut of subcontracting of any portion of the work to which no subcontractor was in the original bid sb.--U on1v be pexrrnitted in cases of public e:zve_-,,,e_-_qy or necessity, and then mly after a finding reduced to writing as a pL,b1ic record of the Legislative Body of the ouT.Le—r. _1C='SE S-UWMZT_,=R'S MME ISIM MD= S'INUMER amss OF �CRK None By suhnission of -1,2his proposal, the contractor certafies: 1. That -he is able to and will per-flonn the balance of all work utlid1h is cove -red ixi tin above subcontractor listing. 2. T.1hat the City will be fbrnished copies of all sub -contracts entered into and bonds furnished -by subcontractor for this project. 'M - r- I , � � - �-, - 0, � - - -V - / �,> a-7 � HOW z 7: 7: 71 : 71 M BID PROPOSAL FROM -0 &tAC-) 0 Q:�>OST, CO - Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (GLORIA DRIVE, TORJIAN LANE, VANE CIRCLE, FAIRFIELD CIRCLE, BELLINGER DRIVE, GOODWIN LANE, LAWSON LANE, AND VIEW CIRCLE). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT 110. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 116 EA. REMOVE AND,DISPOSE OF PARKWAY TREES AT_�4_ 5�=� 9�A d:+hR EA. W 3 loo 2 138 EA. FURNISH AND IATSTALL ROOT 33ARRIER AT 01-- 9-.X" 66.0 tub -PER EA. 3 6,999 L-F. REMOVE AND DISPOSE OF P.C.C. CURB AND GUTTER AT- L.F. el,^ -PER 5j-, 4 25,947 S.F. REMOVE AND DISPOSE OF P,C.C. DRIVEWAY %4Z AT C91102- dWL6r PER S.F. q,? 5 26,918 S.F. REMOVE AND D P.C.C. SIDEWALK AT--V-rq- 1kr S.F. -PER 6 13,499 S.F. REMOVE AND 1x)3POSR OF ASPHALT CONCRETE AT PER S.F. CA) P-1 m �.j ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 7 6,999 L.F. CONSTRUCT P.C.C. CURB AND GUTTE R AT PER L.F. 8 25,947 S.F. CONSTRUCT P.C.C. DRIVEWAY AT PER S.F. a I : 9 26,918 S.F. CONSTRUCT P.C.C. SIDEWA4K AT PER S.F. - 0 10 246 TON FURNISH AND PLACE ASPHALT CONCRETE = TO GUTTER ADJACE AT0lP-PWiAj PER TON u) TOTAL 4 P-2 It is understood and agreed that the quantities shown an the foregoing F=*:;Osal schedule are sol for the purpose of faci I J g the i , of bids and that the actor I s will be computed ut..m the bas7is of the actual quantities in the completed work, whether they be nore or less than those shown herein at the Unit prices bid in the proposal sdmKIule. The undersigned wx1erstands the contract tine Limit allotted for the contract is ,UQ_ calendar days - If awarded the contract, the uxlersigned hereby agrees to S3_gn sa-id contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days F - the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined ca efully the site of the work contemplated, the plans and specifications, and the proposal and contract fo=ms therefor. 7he sub=ss3.cm of a �id shall 'be conclusive evidence that the bidd has investigated and is sati - fied as to the to be encountered, as to the character, quality, and scope c-: -,nnk to be performed, the quantities of rraterials to. be furnished,. and as to the reqi__-_nent of the proposal, plans, specifications,, and the contract. Ac:;�:=anying this proposal is kc>% akmEk�s _,C�b (s NOTICE-: Insert the words "Cash," "Certified Check," or "Birld Is Bond," as the case MY be, in an amount equal to at least 10 percent of the total bid price, payable to the City of HLuitington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the fo=n set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bim has received written notice of the award of the contract; otherwise said security shall be returned to the under- signed. Licensed in accordance with an act providing for the registration of contract License <�, A No. I- t UL=jk..j 1, Signature of Bidder 4ss cAo-sow PL^.zA-bp- uwm= Business Address _qAmsc*j, cA. c?c,-jqb Place of Residence _A!k� Sue-c:,sibe ICA. Dated this da� of Wovamzu Z , 19 qk� Bidder shall signify receipt Of all Addenda here, if any: Addendum No. Date Received Bidfie Is Signature PF40POSED MF-.%WWW =CN RMU= CF BIMER Bidder is required to - supply the following infb=raticn. Addit—im—ta-1 sheets may be attached if necessary. 1. Fi= Nme: - D C)Q cotlisT. Co - C-3 % C3 2. Address: 4GS CAP-SoW PLAZA 3. Telephone: 4. Typer of fi=-r-individual, partnership, or car=ration: 5. Corporation organized under the laws of the State of: - cz-A�--k p:glko tA 6. Contractor's License Narber: 2-SOS919 N 7. List t�� riapps and addresses of all munbers of tkv-- fi= or rianes and titles of a!l of-f'icers of the cc5rmoratim: rY\8aaP,(',>j=,-r ANw Ruu-o- R,,-) RJEAS - of years experie-nce as a con'tractor in ccnst:.-,,=4a-:on 9. List- at lea-,-�.- six project,,-s OaL - leted as Of reCer.t date: CaT.'.RA= a.ASS OF PLI-'M'W WOKK DA=- ca�TL= IWF, ADDEMESS & PTHCNE NUNSH-E-R CF GNUM 10. Lis t the rumm of the person wtxD inspected t2 4= t1j. propo ark S3-te 'r" - sed u your firm: C -MOM;Z E L" for aku- Date of Inmection: 10— 9L� 3-1 If requested by the City, the bidder shall furnish. a notarized financial stz&tmi�entt Jfi:nancial data, or other- information and references sufficient1v carprehensive to permit an appraisal of: his current fi--.=i;;l condition. P-4 �MON CONST. CO. PROJECT REk_.._410ES ,%W PUBLIC AGENCIES City of Redondo Beach Roger Maurer (310) 318-0662 City of Simi Valley Yugal K. Lall (805) 583-6788 City of Beverly Hills David Gustayson (213) 285-2400 City of Los Angeles Ed Anamizu (213) 485-3011 City of Long Beach Bill Bertram (213) 590-6255 CRA - Los Angeles Jerry Gross (213) 977-1610 City of Burbank Mike Moss (818) 953-9522 City of Pasadena Ralph Kuzmic (818) 405-4191 PRIVATE FIRMS Brutoco Engineering Steve Brutoco (714� 350-353S C. T. 6: F., Inc. Tom Galland (310) 927-2339 Excel Paving Curt Brown (213) 599-4851 Steiny & Co. Bob Hernandez (213) 382-2331 Valverde Const. Joe Valverde (213) 693-2763 Kiewit Pacific David Miles (213) 946-1816 Koll Construction Ken Herich (714) 956-8071 MCM Construction H. D. McGovern (619) 334-1221 Weeger Bros. Mark Weeger (714) 895-5077 Paladin Construction James F. Atkins (909) 948-7667 MCM Construction H.D. McGovern (916) 334-1221 Electro Construction John Everson (213) 660-4141 C. C. Myers, Inc. Dewey C. Lee. Jr. (916) 635-9370 P R 0 J E C T S CONTRACT COMPLETION CONTRACTOR/AGENCY DESCRIPTION AMOUNT DATE City of Glendale Central Ave. 788,654 2-94 Caltrans 07-113274 772,825 4-94 Electro Figueroa/Plower Parking 101.483 7-94 C/O Santa Monica St. Resurf. Program 774,818 7-94 Koll Construction 550 So. Hope St. 115,937 7-94 CRA-Los Angeles Boyle Hts (501257) 221,959 B-94 CRA-Los Angeles Doolittle (501394) 502,776 9-94 City of Irvine Park Walkways Rehab 157,442 9-93 Weeger Bros. Butler School 161.513 8-93 C/O Los Angeles Access Ramps -Local 112,588 5-93 C/O Los Angeles Alleys w/o Alma 165,939 4-93 CIO Los Angeles T.S./Sign Island 118.716 4-93 CIO Cerritos Misc St. Repairs 311.112 '7-92 C/O Los Angeles Spring St. 2,023,078 In Prog CRA-Los Angeles Hollywood Redev. 501311 4,444.000 Steve P. Rados Metro Green Line C0100 686,723 Ball.Ball & Brosamer #07-110314 51a.400 Caltrans/CFAAC #07-113224 1,024,440 Kasler #07-110274 760.730 C.C.Myers, Inc. El Toro "Y" 483,220 L.A.County Highland @ Camrose 169,565 C/O Industry Commuter Rail 169,9§8 Electro Const. Figueroa/Flower Parking 101.483 C/O of Simi Valley Curb Ramps -Citywide 882.826 C/O Redondo Beach 'ADA Compliance Proj. 249,600 L.A. County Currier Rd. 79.028 Boral Resources Resurf.Sts.. Pasadena 156.150 L.A.Unif.School Esperanza Elementary 315,000 C/O Gardena Western Ave. 139,960 C/O Beverly Hills Annual Contract 332,350 ** Starting date not scheduled at this time. I DEE VATION OF SUBCONTRACTORE in with 'Ehe "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Ckmerrment Code of the State of Ca I I fornia, and any thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor wbo will perform work or labor or render service to the prirm contractor in or about the construction of the work or utiprovettent in an amount in excess of one-half (1/2) of one percent (1%) of the prize r, - T is total bid, and shall further set forth the portion of the work which will be done by each m Cnly one oil xr, for each portion -shall be listed. if the contractor fails to specify a subcontractor for any portion of the Work to be perfo=ned under the contract, he sha 11 be deeffed to have agreed to perf= such por-tion himself , and be shall not be permitted to subcontract that portion of the work except under the conditions set forth. Suz*--2=ting- of subcontracting of any portion of the work to which no subcontractor was s ignated in the original bid sha 11 only be permitted in cases of public erergency, or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. POR=CN CF MRK SUBCCNTRACTOR'S NAME AND ADDRESS SMM L3:cnqsE NE24BER CLASS +C414 f ad('�51 5ew"Q- q By submissicri of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in'the above subcontractor listing. 2. That the City will be furnished copies of all sub-cmtracts entered into and bonds furnished by subcontractor for this project. -D-C: 4--.j - � I . . W. " � - ." -" '4�� '. . _,_ . UAMON CONST. CO. 465 CARSON PLAZA DR., UNIT lF CARSON, CA 90746 PHONE. (310) 324-7141 FAX. (310) 324-3569 STATE CONTRACTORS LIC. #280580A OB11D 1114 10" 06 W POPPMAL Fbko *WVJI�M% QU -ZEACA. HUNTINGTOk KACR� i, i r. Hay 3 522.111 'sq Nov 3 a, 46 (?.&T%f OF 0MCE C* cofflf C.Lek%4 (20% v tc. aewlTo* Secx*jt Rcc*446 4p XDMIWSTRAMOM WtLt)ItX Zeco MAIM smiewr t -44% A. cl 2 I I F SHEET 1 OF 2 SHFFTF *j.j IM CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEET FOR: THE RECONSTRUCTION AND IMPROVEMENT OF DEPARTMENT OF PUBLIC WORKS VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA MSC-375 Ail BIDS OPENED NOVEMBER 3,1994 ENGINEERS ESTIMATE $500,000 CC NO AHFP NO BIDDERS KOVAC, INC. B-1 ENTERPRISE CORP. NOBEST, INC. CONST. DAMON CONST. NO ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT I REMOVE & DISPOSE OF PARKWAY TREES 116 EA 220.00 25,520.00 200.00 23,200.00 290.00 33,640.00 275.00 31,900.00 2 FURNISH & INSTALL ROOT BARRIER 138 EA 80.00 11,040.00 90.00 12,420.00 100.00 13,800.00 100.00 13,800.00 3 REMOVE & DISPOSE OF P.C.C. CURB & GUTTER 8,999 LF. 5.00 44,995.00 1.50 13,498.50 4.30 38,695.70 4.00 35,996.00 4 REMOVE & DISPOSE OF P.C.C. DRIVEWAY 25,947 S.F. 1.00 25,947.00 .65 16,856.55 1.20 31,136.40 1.00 25,947.00 5 REMOVE & DISPOSE OF P.C.C. SIDEWALK 26,918 S.F. 1.00 26,918.00 .49 13,189.82 .80 21,534.40 1.00 26,918.00 6 REMOVE & DISPOSE OF ASPHALT CONCRETE 13,499 S.F. 1.00 13,499.00 1.00 13,499.00 1.20 16,198.80 2.00 26,998.00 7 CONSTRUCT P.C.C. CURB & GUTTER 8,999 L.F. 9.00 80,991.00 15.99 143,894.01 11.50 103,488.50 12.00 107,998.00 8 CONSTRUCT P.C.C. DRIVEWAY 25,947 S.F. 2.00 51,894.00 2.65 68,759.55 3.05 79,138.35 2.50 64,867.50 9 CONSTRUCT P.C.C, SIDEWALK 26,918 S.F. 1.40 37,685.20 2.60 69,986.80 2.05 55,181.90 2.50 67,295.00 10 FURNISH & PLACE ASPHALT CONCRETE ADJ TO GUTTER 246 TON 80.00 19,680.00 90.00 22,140.00 110.00 27,060.00 110.00 27,060.00 TOTALS I $338,169.20 $397,453.23 (corrected) $419,874.05 $428,799.50 (corrected) SHEET 2 OF 2 SHEETE CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEET FOR: THE RECONSTRUCTION AND IMPROVEMENT OF DEPARTMENT OF PUBLIC WORKS VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA MSC-375 ILj BIDS OPENED NOVEMBER 3,1994 ENGINEERS ESTIMATE $500,000 CC NO AHFP NO BIDDERS LA ENGINEERING ALL AMERICAN ASPHALT WEST COAST CONST. E.A. MENDOZA 140 ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT I REMOVE & DISPOSE OF PARKWAY TREES 116 EA 300.00 34,800.00 368.00 42,688.00 400.00 46,000.00 300.00 34,800.00 2 FURNISH & INSTALL ROOT BARRIER 138 EA 240.00 33,120.00 208.00 28,704.00 50.00 6,900.00 120.00 16,560.00 3 REMOVE & DISPOSE OF P.C.C. CURB & GUTTER 8,999 L.F. 5.50 49,494.50 4.45 40,045.55 3.25 29,246.75 10.00 89,990.00 4 REMOVE & DISPOSE OF P.C.C. DRIVEWAY 25.947 S.F. 1.00 25,947.00 1.20 31,136.40 1.25 32,433.75 1.30 33,731.10 5 REMOVE & DISPOSE OF P.C.C. SIDEWALK 26,918 S.F. 1.00 26,918.00 1.15 30,955.70 1.25 33,647.50 1.30 34,993.40 6 REMOVE & DISPOSE OF ASPHALT CONCRETE 13,499 S.F. 1.00 13,499.00 1.00 13,499.00 1.75 23,623.25 1.00 13,499.001 7 CONSTRUCT P.C.C. CURB & GUTTER 8,999 L.F. 12.00 107,988.00 9.00 80,991.00 17.50 157,482.50 13.00 116,987.00 8 CONSTRUCT P.C.C. DRIVEWAY 25,947 S.F, 2.90 75,246.30 3.60 93,409.20 2.50 64,867.50 2.60 67,462.20 9 CONSTRUCT P.C.C. SIDEWALK 26,918 S.F. 2.30 61,911.40 2.65 71,332.70 2.25 60,565.50 2.50 67,295.00 10 FURNISH & PLACE ASPHALT CONCRETE ADJ TO GUTTER 246 TON 95.00 23,370.00 132.00 32,470.00 75.00 18,450.00 40.00 9,840.00 TOTALS $452,294.20 $465,231.55 $473,216.75 (corrected) $485,157.70 10113 NOTICE INVITING SEALED BIDS /a7 MSC-375 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the the reconstruction and improvements of various local streets in the City of Huntington Beach, California in accordance with the quantities and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 7, 1994. A charge of $35.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM LOCAL STREET IMPROVEMENT QUANTITY 1. Removal and disposal of trees 116 EA. 2. Install root barrier 138 EA. 3. Remove and dispose of curb and gutter 8,999 L.F. 4. Remove and dispose of P.C.C. driveway 25,947 S.F. 5. Remove and dispose of P.C.C. sidewalk 26,918 S.F. 6. Remove and dispose of asphalt concrete 13,499 S.F. 7. Construct P.C.C. curb and gutter 8,999 L.F. 8. Construct P.C.C. driveway 25,947 L.F. 9. Cosntruct P.C.C. sidewalk 26,918 S.F. 10. Construct asphalt concrete 246 TON In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Public Works of the City of Huntington Beach, California. Quantities and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be N-1 deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of November 3, 1994, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 21st of November, 1994 at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of November 11, 1994. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this October 3, 1994. ATTEST: Connie Brockway City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 N-2 PUBUC NOTICES PUBLIC NOTICES rPU-BLIC NOTICES PUBLIONOTICES NOTUCE IINVITU� "tEALED 13IDS Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the reconstruction and improvements of various local streets in the City of Huntington Beach, California in accordance with the quantities and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 7, 1994. A charge of $35.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM QUANTIT LOCAL STREET IMPROVEMENT 1. Removal and disposal of trees 116 EA. 2. Install root barrier 138 EA. 3. Remove and dispose of curb and gutter 8,999 L.F. 4. Remove and dispose of P.C.C. driveway �5,947 S.F. '5. Remove and dispose of P.C.C. sidewalk 26,918 S. F. 6. Remove and dispose of asphalt concrete 13,499 S. F. 7. Construct P.C.C: curb and gutter 8,999 L. F. 8. Construct P.C.C. driveway -25,947 L.F. 9. Construct P.C.C. sidewalk 26,918 S.F. 10. Construct asphalt concrete 246 TON In accordance with the provisions of Section 17t of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applica- ble to the work to be done; copies of the latest general wa Ole rate determinations are on file at the office of t,he City Clerk and the office of the Public Works . the City of Huntington Beach, California. Quantities and specifications, together With proposal form, may be obtained at the office of the Pirec- tor of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the spe- cifications, for full directions as to the biddi% The above quantities, are approximate only, bein g given as a basis for the comparison of bids, and. the I City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of'any class, or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis.of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for'any monies by the City to insure performance shall be permitted in accor- dance with provisions of the California G6veinment Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second. Floor Admi ' nistration Building, 2000 Main Street, Huntingto� : Beach, California, on or before 10:00 a.m. of November 3,1994, and shall be opened by a committee composed of the City Clerk, the City Attorney And Director of Public Works or their authorized repre- sentative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 21st of November, 1994 at the hour of-7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of November 11, 1994. The City of Huntington Beach, California reserves he right to reject any or all bids and to accept the bid deemed for the best interest of the City of HuntIngton Beach, California. By order of the City Council of the City of.Huntington Beach, California this.October 3, 1994. ATTEST: Connie Brockway City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Published Huntington Beach - Fountain. Valley Independent October 13, 20, 27, 1994. < PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDLNT, a newspaper of general circulation, printed ZD 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: October 13, 20, 27, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 27 199 4 at Costa Mesa, California. �Signature 19 ?bb '�Zj��- z�ra __j_0UBL1tN6T_1dESF --- �JPUBLIC_NOTICES_ NOVICE INVIT,,' ISEALEDAIDS Notice is hereby given that the City Council'of the City of Huntington Beach,, California will receive sealed bids for the reconstruction and improvements of various local streets in the City of Huntington Beach, California in accordance with the quantities and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on October 7, 1994. A charge of $35.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM' QUANTITY LOCAL STREET IMPROVEMENT 1 Removal and disposal of trees 116 EA. 2. Install root barrier 138 EA. 3. Remove and dispose of curb and gutter 8,999 L.F. 4. Remove and dispose of P.C.C. driveway 25,947 S.F. 5. Remove and dispose of P.C.C. sidewalk 26,918 S. F. 6. Remove and dispose of asphalt concrete 13,499 S.F. 7. Construct P.C.C. curb an6gutter 8,999 L.F. 8. Construct P.C.C. driveway 25,947 L.F. 9. Construct P.C.C. sidewalk 26,918 S. F. 10. Construct asphalt concrete, 246 TON In accordance with the provisions of Section 17.73 of the Labor Code, the State of Californ . ia, Director of the Department of Industrial Relations shall determine the -general prevailing rate -of wages, appliGa- ble to the work to be done; copies of the latest eneral wage rate determinations are on file at the office of the City Clerk and the office of the Pudic Works of the City of Huntington Beach; California. Ouantities and specifications, together with proposal form, may be obtained at the office of the Direc- tor of Public Works, City Hall,, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of,prospective bidders is called to the proposal requirements, set forth in the spe- clifications, for full"directions as to the bidding. The above quantities are approximate only, being g iven as a basis for the'comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary o.r expedient by the'Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accor- dance with provisions of the California Government Code, Section 4590. - I I Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of November 3, 1994, and shall be opened by a committee composed of the City'Clerk, the. City Attorney and Director of Public Works or their authorized repre- sentative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 2.1st of November, 1994 at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of November 11, 1994. The City of Huntington Beach, California reserves the right to ieject any or all bids and toaccept the bid deemed for the best interest of the City of Huntington Beach, California. . I By order of the City Council of the City of'Huntington Beach, California this October 3, 1994 . I ATTEST: - - - . . I - I Connie Brockway City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Published Huntington Beach - Fountain Valley Independent Oct ober 13, 2 0, 27, 1994� PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the.HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: October 13, 20, 27, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 27 199 4 at Costa Mesa, California. Signature _[ _�UBLICi—.OTICES IPUBLIC NOTICES PUBLIC NOIRES— PUBLIC N6—TICES DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM QUANTITY LOCAL STREET IMPROVEMENT f. Removal and disposal of trees 116 EA. 2' Install root bar�ier 138 EA. 3. Remove and dispose of curb and gutter 8,999 L.F. 4. Remove and dispose of P.C.C. driveway 25,947 S.F. .5. Remove and dispose of P.C.C. sidewalk 26,918 S. F. 6.. Remove and dispose of asphalt concrete 13,499 S.F. 7. Construct P.C.C. curb and gutter 8,999 L.F 8. Construct P.C.C. driveway 25,947 L.F. 9. Construct P.C.C. sidewalk 26,918 S.� F� 10. Construct asphalt concrete 246 TON In accordance with the provisions of'Section 1773 of the Labor Code, the'State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applica- ble to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Public Works of the City of Huntington Beach, California. . Quantities and. specifications, together with proposal form, m * ay be obtained at the office of the Direc- tor of Public Works, City Hall, Huntington Beach,, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to,,the proposal requirements, set forth in the spe- cifications, for full directions as to the bidding. The above quantities are -approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not.exprbss or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or'expedient by the Director of Public Works. All bids will be c . ompared on.the basis of the Director of Public Woriks estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accor- dance with. provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained afthe office of the Director of Public Works, Development Wing 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Ci�ic* Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of November 3, 1994, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized repre- sentative and the results of said bidding will be reported to the'City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 21 st of November, 1994 at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of November 11, 1994. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this October 3, 1994. 1 . ATTEST: Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Published Huntington Beach - Fountain Valley Independent October 13, 20, 27, 1994. THE NEWPORT BEACH - COSTA MESA PILOT Client Reference # Independent Reference Dear Advertisers: Enclosed please find cli p i g of your ad from the first publication, beginning If you need any changes or corrections, please call Re at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, Jud, 'tting Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX (714) 631-5902 REQUES i' FOR CITY COUNCOACTION Date October 3, 1994 Submitted to: Honorable Mayor and City Council &�bmitted by: Michael T. Uberuaga, City Administratot�-�7z—. P'repared by: Ray Silver, Assistant City Administrator and ActingaWJ Director of Public Works Subject: Repair/Replacement of Street Improvements; MSC-375 Consistent with Council Policy? [ )9 Yes [ I New Policy or Exception Statement of Issue, Recommendation. Anaivsis. Fundinci Source, Alternative Actions, Attachments: 634W APPROVED BY CITY COUNCIL A9 19!�v STATEMENT OF ISSUE: Quantities, Specifications, and a Sample GentgE��� the repair/replacement of applicable public improvements along Gloria Drive, Trojan Lane, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane, and View Circle are complete and ready for bidding. RECOMMENDED ACTION: 1. Approve the quantities and specifications and authorize the Acting Director of Public Works to solicit construction bids. 2. Approve the attached Sample Construction Contract subject to award of contract to lowest responsible bidder. ANALYSIS: Prior to the mid 1970's typical residential lots included a landscaped parkway between the back of curb and the public sidewalk. Within, most of, these parkways are City owned and maintained trees. Over the years, the trees have grown so large that the roots have raised curbs, gutters, driveways and sidewalks. The damage to these public improvements has created numerous health/safety hazards including standing water in the gutters and potential tripping areas along portions of the sidewalks. PIO 5/85 PAGE - 2 - REQUEST FOR COUNCIL ACTION REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-375 Property owners continue to request the repair/replacement of these public improvements; however, it is not logical to honor these requests until the source of the problem is resolved (i.e. the parkway trees are removed and replaced with a species that doesn't cause root damage). City staff is extremely reluctant to remove any parkway tree without homeowner involvement. Therefore, in 1988, Public Works personnel initiated a program wherein residents can submit a petition to have the parkway trees removed and the appropriate repa i r/ replacement of the improvements scheduled for completion. To date, the Public Works Maintenance Division has received forty-two (42) such petitions. These petitions include the request to remove parkway trees and repair/replace the public improvements fronting approximately 1035 residential lots. The estimated cost of completing the forty-two (42) petitions is now $3,000,000. Obviously this is more than can be budgeted in any one fiscal year. The Public Works Department anticipates annual funding for this program with gas tax allocations. The $500,000 budgeted in fiscal year 1994/1995 will fund the cost of completing the first seven (7) petitions received between July, 1989 and September, 1991. Petitions are honored on a first come, first serve basis. Quantities, specifications and a sample Construction Contract for removal/replacement of trees and the repair/replacement of applicable public improvements along Gloria Drive, Trojan Lane, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane, and View Circle are complete and ready for bidding. FUNDING SOURCE: The 1994/199S approved City Budget includes a $500,000 line item (see page 321 - Gas Tax Fund) for the reconstruction of uplifted sidewalk and curb caused by tree root damage. Account No. E-SF-PW-974-6-39-00. ALTERNATIVE ACTION: Deny approval of Recommended Actions and forego completion of petitioned work. ATTACHMENTS: Sample Construction Contract. Sample CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS & SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY .13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6/agree/consult/09/19/94 Sample CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS STREETS (MSC-375) THIS AGREEMENT, made and entered into this day of 19. 1 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for public works project, hereinafter referred to as "PROJECT," more fully described as the reconstruction and improvements of various streets (Gloria, Trojan, Vane Circle, Fairfield Circle, Bellinger Drive, Goodwin Lane, Lawson Lane and Danes Circle) (MSC 375) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1 . STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully 1 SAMPLE 6/agree/g loria/9/1 9/94 completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK! PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. ' The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 SAMPLE 6/agree/gloda/9/19/94 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own, risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($_ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within' consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 SAMPLE 6/agree/gloria/9/19/94 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra ch arges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change 4 SAMPLE 6/agree/gloria/9/14/94 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR 5 SAMPLE 6/agree/gloria/9/14194 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, ff any, in connection with the PROJECT. 11. LIQUIDATED DAIVIAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 6 SAMPLE 6/agree/gloria/9/14/94 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; 7 SAMPLE 6/agree/gloria/9/14194 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to th e provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by 8 SAMPLE 6/agree/gloria/9/14/94 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT'for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of, the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to- protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs 9 SAMPLE 6/agree/gloria/9/1 4/94 and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 370.0 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. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, prod ucts/com pl eted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, 10 SAMPLE 6/agree/gloria/9/14/94 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. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance 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 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. 11 SAMPLE 6/agree/gloria/9/14/94 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or m akes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 12 SAMPLE 6/agree/gloda/9114/94 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing Of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 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. 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 13 SAMPLE 6/agree/gloria/9/14/94 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing, and Exhibit!A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year firstabove written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: Mayor print name APPROVED AS TO FORM: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator 0 F IR-AZ-4 ity Attorney Y INITIATED AND APPROVED: Director of 14 SAMPLE 6/agree/gloria/9/14/94