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Home My WebLink AboutPETER C. DAVID CO, INC - 1998-06-01 444 Tv I have received Maintenance Bond No. 2651021 —Great American Insurance Company. RE: CC-1033-Sewer Relay Improvement Project- Peter C. David Co., Inc. - City Clerk Vault file No. PE (o 00 . h00 Dated: qq 4-9 9 Bond No. 2651021 PREMIUM: INCLUDED IN PERFORMANCE BOND GWM AMIUCAN INSURANCE COMPANY MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, PETER C. DAVID CO. , INC. as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation-organized under the laws of the State of Ohio and duly authorized to transact business in the State of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,in the sum of THIRTY—THREE THOUSAND SIX HUNDRED FIFTY—TWO DOLLARS AND FOURTEEN CENTS. DOLLARS, ($33,652.14)for the payment whereof well and truly to be made, the Principal and the Surety bind themselves, their heirs. executors, administrators,successors and assigns,jointly and severally, firmly by these presents. SIGNED. sealed,and dated this 6TH day of JAN. , 19 99 WHEREAS the Principal and the Obligee have entered into a written agreement dated the day of JUNE 1998 , forSEWER RELAY IMPROVEMENT PROJECT (CC-1033) the terms of which agreement were completed and accepted the 17TH day of DECEMBER , 19 98 :and WHEREAS the Principal has given a ONE (1) year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void;otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein;and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the ONE year maintenance period. PETER C. DAVID CO. , I CA:rf BY: CITE is: �''' Principal By: A, . Lttorney t t rsigned: GREAT AMERICAN INSURANCE COMPANY By _ BY Resident Agent Armrnel-in-h cr F.0607C - 4/78 Printed in U.S.A. DAVID L. CULBERTSON A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 1-06-99 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Lexie Sherwood A& •A COMM. #1146920 n Si ature f Notary Public 2 NOTARY PUBLIC ORANGE COUNri CALIFORNiI� �J Comm.Exp.July 27.2ow "i 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. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE' OF DOCENT NUMM OF PAWS. 1 DATE OF DOCWMff 1-06-99 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) s GZEM AIVER1CAN INSURANCE COMPANY 580 WALNUT STREET•CINCINNATI, OHIO 45202 • 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 13630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation oreanued and existing under and by virtue of the laws ofthe State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and-stead to execute in behalf of the said Company,as surety,any and a'.' hoods, undertakings and contracts of suretyship,or other written obligations in the nature thereof:provided that the liability of the said Company on and such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-irt-fact named above. IN WITNESS WHEREOF the GREATAMERICANINS( RANCE COMPANY hascaused these presents tobesigned and attestedby its appropriate officers and its corporate seal hereunto affixed this 22nd day of' June 1995 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHiO,COUNTY OF HAMILTON —ss: On this 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR. to me known,being duly sworn,deposes and says that he resided in Cincinnati.Ohio,that he is the President of the Bond Division of Great Arerican Insurance Company,the Company described in and which executed the above instrument:that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of'Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, many one of them. he and hereby is authorized.from time to time,to appoin►one ormore-trrornevs-M-Fact tt>execute on hehalfofthe Company,as t•urety.ant and all bonds, undertakings and contracts ofsureryship, or other written obligations to the nature thereol:to prescrihe their respective dutie.+and the respective limits of their authority;and to revoke any such appointment at any time. RE.SOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretart or.-t.;:utant Secretary of the Company may be affixed by facsimile to any potter of attorney or certificate of either given for the execution of ant hond. undertaking,contract orsuretyship,orother written obligation in the nature thereol;such signature andseal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to he valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in lull force and effect. Signed and sealed this 6TH day of JAN. . 19 99 SI029110 01 �. CI1 f OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: City Clerk's Offi e From: Jack Miller Contract ministr for l Date: January , 1999 Subject: SEWER RELAY PROJECT; CC 1033 0 Attached is the Maintenance Bond. 9 n - / o/`? g JXZ - 70-1 y Ap dpo,,V� 10 Bond No. 2651021 PREMIUM: INCLUDED IN PERFORMANCE BOND GMM AhlERICAN INSURANCE COMPANY MAINTENANCE BOND KNOW A11 MEN BY THESE PRESENTS that we, PETER C. DAVID CO. , INC. as Principal. and the GREAT AMERICAN INSURANCE COMPANY, a corporation-organized under the laws of the State of Ohio and duly authorized to transact business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of THIRTY—THREE THOUSAND SIX HUNDRED FIFTY—TWO DOLLARS AND FOURTEEN CENTS. DOLLARS, ($33,652.14)for the payment whereof well and truly to be made, the Principal and the Surety bind themselves, their heirs, executers, administrators, successors and assigns,jointly and severally, firmly by these presents. SIGNLU. sealed, and dated this 6TH day of JAN. 1999 WHEREAS (lie Principal and the Obligee have entered into a written agreement dated the day of JUNE 1998 , forSEWER RELAY IMPROVEMENT PROJECT (CC-1033 (lie terms of which agreement were completed and accepted the 17TH day of DECEMBER , 19 98 :and WHEREAS the Principal has given a ONE (1) year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply With such guarantee, then this obligation to be void;otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein;and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the ONE year maintenance period. PETER C. DAVID CO. , I APPT"nVFr Ac TO FOMIS G :L. BY CIT Principal By: 1y. ., attorney i t rsigncd: GREAT AMERICAN INSURANCE COMPANY By _ BY Y � Resident Agent Atn,nteY-iirFac•t F OGGIC - 4/78 Printed in U.S.A. DAVID L. CULBERTSON CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 1-06-99 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. .. Lexie Sherwood COMM. #1148920 Siature Public NOTARY PUBLIC CALIFORNIq� f Notary ORANGE COUNTY C,) + Comm.ExP,July 27.2001 .a 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. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE Or DOCUJ, N NUMMR OF PAGES 1 HATE OF DOCUIIEIVT 1-06-99 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) GUM AIVER1CAN INSURANCE COMPANY 580 WALNUT STREET•CINCINNATI, OHIO 45202 • 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 13630 SIX POWER OF ATTORNEY KNOW ALI, MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organlied and existing under and by virtue of the laws ofthe State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as Suretc,any and al! hotel;, undertakings and contracts of suretyship,or other written obligations In the nature thereof:provided that the liability of the said Conipan.� on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-irt-fact named above. IN WITNESS WHEREOF the GREAT AM ERICAN I NSII RANCE COM PANY has caused these presents to be signed and attestecl by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1995 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument:that he knows the seal:that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of' Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vine Presidents and Assistant Vice Presidents, or anv one of them, he and hereb'vic authorized.from time to time,to appoint one orrnore-1 ttornr vs-M-Fact try execute on hehalfofthe Company.as surety.any and al/ bonds, undertakings and contracts ol'suretvship, or other written obligations in the nature thereof; to prescribe their respectit v duties and the respective limits of their authority;and to revoke any such appointment at anv time. RESOLVED FURTHER: That the Company seal and the signature ofany ofthe aluresaid oliicers and any,Secretary or Assistant Secretary of the Company may be affixed by facsimile to any,potter of attorney or certificate of either given for the execution of'ant bond, undertaking,contract orsuretyship,orother written obligation in the nature thereof;such signature and seal u hen so used being herehvadoptc•d by the Company as the original signature of such officer and the original seal ofthe Company, to he valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 6TH day of JAN. . 19 99 SI02911r3 931 is - CI1Y OF HUNTINGTOM BEACH 1170 INTERDEPARTMENTAL COMMUNICATION To: Cifij Clerk's ice Fro.,;: ,Jack Miller Contract Administrator Date: January 16, 1999 Subject: CC 1J33; EWER RE-LAY PROJE T Attached are; 1, Certification of Compliance. (Labor). 2. Declaration of Satisfaction of Claims. Maintenance Bond has not been delivered as of this date. i PETER C. DAVO CO., INC. 13861 NEWHOPESIREEP GARDEN GROVE,CA 92843 714537-1570 FAX 714637-1397 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Tit* g:cc sashconl 'tiP :iv.L': ..�. ..... Gill i; ; • - PETER C. DAMD CO., M 13881 NEVVHOPE STFIEET GARDEN GROVE,CA 8E843 714537-1570 FAX 71463761397 DECLARATION OF SATISFACTION OF CLAIMS I, 47-c-x- c 94,,,O 6., /,I , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled _z7e .m- 42AY//W A2 cz,-r , and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this /p day of Wov. 1994. (Signature o Contractor) g:cc`.cashcon2 600.60 ��99 _,DPW na L.e e.- nanCx,1 Recorded in the County of Orange, California / Gary L. Granville, Clerk/Recorder WHEN RECORDED MAIL TO: IIIIINIIIIIIiIIINIIINIIIIIIIIIIIIIINIIIIIIIIIIIIIIINNNIIIN No Fee CITY OF HUNTINGTON BEACH 19980870810 10:55am 12/17/98 Office of the City Clerk 005 1701 1„I59 17 16 P.0.Box 190 N12 1 6.00 0.00 10.00 0.00 0.00 0.00 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 Peter C.David Company,Inc.who was the company thereon for doing the following work to-wit: Installation of New Sewer Mains Within Jonesport Lane,Allison Circle,Woodshole Drive,Rockport Lane and Port Clyde Drive—CC-1033 That said work was completed December 7, 1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,December 7,1998. That upon said contract Great American Insurance Company was surety for the bond given by the said company as required by law. �r 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. t� Dated at Huntington Beach,California,this 8'day of December,1998. t" City Clerk and ex-offcio 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 8`h day of December,1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California 1-0 (CITY OF HUNTINGTON BEACH MEETING DATE: December 7, 1998 DEPARTMENT ID NUMBER: PW 98-084 Council/Agency Meeting Held: /zl-74 ,X Deferred/Continued to: )4 Approved ❑ Conditionally Approved. ElD vied D"e-P—'�r City Clerk's Signature -©- o�.� v C.;,w-� n-,L l�oorY� Council Meeting Date: December 7, 1998 Department ID Number: PW 98-084 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 940 PREPARED BY: 'ROBERT F. BEARDSLEY, Director of Public Worl<K?�� SUBJECT: Accept Sewer Relay Project at Various Locations; CC-1033 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue -: Peter C. David Company, Inc. has completed the contract for the construction of sewer mains on Jonesport Lane, Allison Circle, Woodshole Drive, Rockport Lane and Port Clyde Drive; CC-1033. Funding Source : Sufficient funds were approved for this project from Account Numbers E-SL-PC-999-6-76-00 and E-SL-PC-999-3-90-00. Recommended Action : Motion to: Accept the sewer construction and authorize the City Clerk to file a Notice of Completion with the County's Recorder Office. Alternative Action(s) : None. Analysis : On June 1, 1998, the City Council awarded a contract to Peter C. David Company, Inc. to install new sewer mains within Jonesport Lane, Allison Circle, Woodshole Drive, Rockport Lane and Port Clyde Drive in the amount of $295,876. The adopted project budget also included $44,381 to cover potential change orders and $20,000 for supplemental expenses for a total of $360,257. This project is now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk to file the Notice of Completion. The City and the contractor are presently discussing two issues that are in dispute. The first being a $9,000 claim for an increase in the unit price for sewer laterals. The second, being a claim for $30,000 for trench and street paving required by the City to replace damaged pavement. / Sewer Relay RCA CC-1033 -2- 11/24/98 1:34 PM REQUEST FOR ACTION MEETING DATE: December 7, 1998 DEPARTMENT ID NUMBER: PW 98-084 The following is a summary of the final project costs: Council Approved Actual Expenditures Contract Amount: $295,876.00 $278,267.34 Change Orders: 44,381.00 33,378.06 Subtotal: $340,257.00 $311,645.40 Supplemental Expenses: 20,000.00 8,000.00* Total: $360,257.00 $319,645.40 Items in Dispute: 39,000.00 $358,645.40 *Supplemental charges are estimated, as all costs are not in. Seven change orders were issued for this project as a result of differing underground conditions as to the location of sewer laterals and a need to redesign the manhole placed over the Orange County Sanitation District's trunk sewer, due to conflicting existing underground City sewer facilities. Surplus supplemental monies will be utilized should additional contract monies be needed upon final settlement of the disputed items. Environmental Status : Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. Location Map RCA Author: J. Miller L 0 '1 d _Z AMM 9 bI J0 ,k.ii0 H8 ;0 )t110 Sewer Relay RCA CC-1033 -3- 11/24/98 1:34 PM � ATTACHMENT PLANNING DM 22L SECTIONAL DISTRICT MAP 19-6-10 CITY OF LEGEND HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP BANNING AV�J1 a6 I � rLn•on . � $ `� viler wo• cn YOLdtM OF d AL y I j F LA,pL A OI J TINj`p V S �yT T LP L•1M1 LA. � e ` PROJECT 4 1 \\\\ l o e -I I I IT °° O -1 r•I C h - s o �I 4 O� O _ m U 6f f S 2 u C cr E a� 'b o r Z ORANGE COUNTY o` SANITATION TREATMENT c PLANT cogsr ° i I VJ y 4 '- PORT �Ac cr . jpo 1r' RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept Sewer Relay Project at Various Locations; CC-1033 COUNCIL MEETING DATE: I December 7, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: J. Miller &;# ��®�� ,, Recorded in the t. ty of Orange, California b Gary L. Gr,anv.ii.e, Clerk/Recorder Not Cornpared with Original IIIIIIIIIINIIIIIIIIIIII�III ��IIIIIfIl$11IIIIII1111111 Na Fee WHEN RECORDED MAIL TO: 19980870810 10;55am 12/17/98 CITY OF HUNTINGTON BEACH 005 1701 1.4'59 17 16 Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0.00 0.00 P.O.Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Peter C.David Company,Inc.who was the company thereon for doing the following work to-wit: Installation of New Sewer Mains Within Jonesport Lane,Allison Circle,Woodshole Drive,Rockport Lane and Port Clyde Drive—CC-1033 That said work was completed December 7, 1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,December 7, 1998. That upon said contract Great American Insurance Company 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 81'day of December,1998. G 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 81'day of December, 1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 9, 1998 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, �Y 0�2 LZ 2) LJu- Connie Brockway City Clerk CB/cg Enclosure: Notice of Completion—CC-1033—Installation of New Sewer Mains Within Jonesport Lane, Allison Circle, Woodshole Drive, Rockport Lane and Port Clyde Drive—Peter C. David Company, Inc. (Telephone:714-536-5227) Q 1 1� READY MIXED CONCRETE INC. 4621 Teller Avenue, Suite 130-Credit Dept. Newport Beach, California 92660 RETURN RECEIPT DAC2 �- REQUESTED CERTIFIED t IF INFr" MATION IS INCORRECT CONTACT SENDER"'MEDIATELY CALIF oRNIA PRELIMINARY NOTICE `'7 17vi IN ACCORDANCE WITH SECTION 3097AND 3098,CALIFORNIA CIVIL CODE THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR SALE TERMS ARE NET 10 PROX YOU ARE HEREBY NOTIFIED THAT... JOINT CHECK REOUESTED A )130C I ATED r` , E:�'Y M I X t:,C1NC, INC (Name of person or firm furnishing labor,services,equipment or material) CONSTRUCTION LENDER or Surety Co. or Reputed Construction Lender, if any 4E, L Fi_!__t,-f i TE i Rtk} 1 (Address of perscn or firm furnishing labor,services, ce _ h�Ir.�JPC��T BEACH- r".1=1 9�='E,6v�U o equipment or material) has furnished or will furnish labor,services equipment,materials of the I I following general description: PH# FAX# READY MIX CONCRETE general descrption of the materials furnished) for the building,structure or other work of improvement located at: FOLD HERE EsANI'-.1ING & [TtA'?.r,_ DHE:AD/ H. P. OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (Address or description of the job-site (on private work) sufficient cient for identification) CONTRACT# i.0_--2 CITY"! Y DF Hf_NT I NGTON BEACH 0100 MATM Si- HUNT I hdG ON BEACH, CA rye 6 48 The name of the person or firm who contracted the purchase of such labor,services,equipment or materials is: I I F-DAV :f) ':O. : r:-"ER C. —I L J 1?8 J. i',IE W!-I( PI,_ CT. PH# FAX# GARDE`, GROVE, CG 9E_18433 ORIGINAL CONTRACTOR or L Reputed Contractor, if any An estimate of the total price of the labor,services,equipment or materials furnished or to be furnished is: ACCT# C4770LA JOB# $ $5Jol000. 011 F_ D A V I D CO. /PETER mount must show tor all copies 13861 1 NEWHOPE STREET Estimated Completion Date GARDEN GROVE, CA 9284 NOTICE TO PROPERTY OWNER H# FAX# If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so Improved may be placed against the property even though you have paid your contractor in full.You may wish to protect SUBCONTRACTOR with whom claimant yourself against this consequence by(1)requiring your contractor to has contracted furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or ACCT# JOB# 4AT : hat Is appropriate under the circumstances. 47 700 DAVID CO. / PETER C. �1386J. NEWHOI='E ST.GARDEN GROVE, CA 92843 Credit Dept. /+/_ ID TITLE L PH# FAX# TELEPHONE NO. ( } 7 14-!.-3='r'-1570 OWNER'S COPY .,ITY OF HUNTINGTON BEAD. I MEETING DATE: 06-01-98 DEPARTMENT ID NUMBER: PW 98-046 Council/Agency Meeting Held: L 0 9 .v Piz- 6 v 0. &V Deferred/Continued to: Rf Approved ❑ Conditionally Approved ❑ Denied _ - b City Clerk's Signature Council Meeting Date: 06-01-98 Department ID Number: PW 98-046 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS. SUBMITTED BY: Y SILVER, City Administratorceje�? , PREPARED BY . DARYL D. SMITH, Acting Director of Public Works n SUBJECT: APPROVE CONTRACTOR SELECTION FOR SEWER RE-LAY PROJECT; CC-1033 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: On November 17, 1997, City Council authorized the "Call for Bids" for the Sewer Re-lay Improvement Project for the neighborhood southeast of Banning Avenue and Bushard Street; CC- 1033. On March 24, 1998, staff received bids and now request City Council to award the contract to Peter 0- Dmid Co., Inc. --- Funding Source: -G t.;�r}=, .;: C-)r n Funds are available in account number E-SL-PC-999-6-76-00. '�-7 �,3 0 Recommended Action: Motion to: 1. Accept the bid submitted by Peter C. David Co., Inc., 13861 Newhope Street, Garden Or''rove CA 92843 And, 2. Authorize the Mayor and City Clerk to execute the contract for the Sewer Re-lay Improvement Project; for a total bid amount of$295,876, And, 3. Authorize the Director of Public Works to expend $360,257 to cover contract cost of $295,876, estimated construction change orders of $44,381 and anticipated supplemental expenses of $20,000. V 1033 rca#2 cont.doc -2- 05/19/98 10:23 AM l K-QUEST FOR COUNCIL ACT& MEETING DATE: 06-01-98 DEPARTMENT ID NUMBER: PW 98-046 Alternative Action(s): Reject all bids and direct staff to re-advertise or abandon the project. Analysis: Staff has completed its reference check for Peter C. David Co., Inc., and has received favorable results from their past clients. Peter C. David is currently working for the City and has favorable results from staffs. On November 17, 1997, the City Council authorized the call for bids. Bids were received on March 24, 1998. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount Notes 1. NFL Construction $243,606.50 Allowed to withdraw bid* 2. Peter C. David Company, Inc. $295,876.00 3. Majich Brothers, Inc. $318,530.00 4. Williams Supply Company, Inc. $401,350.00 Staff recommends that the Council accept Peter C. David Co., Inc. The engineer's estimate for this project was $262,000, which is approximately 12% lower then the bid of Peter C. David Co. Following is a summary of requested expenditure authorization for Peter C. David Co. Contract Amount $295,876.00 ** Anticipated Change Orders 44,381.00 Supplemental Expenses 20,000.00 Total $360,257.00 NOTES: The City Attorneys office has infromed staff that due to special circumstances, NFL Construction will be allowed to withdraw their bid. ** Because of the somewhat complex nature of this particular sewer project, staff is requesting 15% be reserved to cover change orders instead of the normal 10% limit set by Resolution number 4896. Examples of possible change orders include changes in field conditions, unavailable materials or unforeseen underground conditions. *** Soil testing, reprographics, etc. 1033 rca#2 cont.doc -3- 05/19/98 11:33 AM R.QUEST FOR COUNCIL ACTT A MEETING DATE: 06-01-98 DEPARTMENT ID NUMBER: PW 98-046 Environmental Status: The project has been determined to be categorically exempt pursuant to Section 15301. Attachment(s): City Clerk's . - Number No. Description Location Map RCA Author: S. Krieger 1033 rca#2 cont.doc -4- 05/19/98 10:23 AM W❑❑DSH❑LE DR. BANNING AVE . - ♦ PORT CLYDE DR. MELINA C/) - ♦% MARBLEHEAD z CR, ♦, LN, f- ALLIS❑N Cj %% z z ♦♦ C R. ♦ `�, PROPOSED % �� SEWER TO Z ♦ BE RELAYED. Q Q Z � �5 � ♦♦ q , EXISTING OCSD ED G� , SEWER 3 CASTINE ♦♦, cj ♦♦ DR, ♦ A m O NO SCALE 0 LOCATION MAP J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS LOCMPRCA •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILMDEVELOPMENT AGENCY APPROVED ITEM DATE: TO: Ae7er d , D7a.vlY SSG , ATTENTION: Name 13,,Tlaj DEPARTMENT: Street 1-;,&P-Wey7 /ram—C/� 9�y _ REGARDING: City;state,zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement ✓ Bonds�/ _ Insurance ✓ RCA Deed Other Remarks: Name / De artme it RCA Agreement Insurance Other Name De artment RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Followup/agrmts/transitr (Telephone:714536-5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PETER C. DAVID COMPANY, INC. FOR SEWER RELAY IMPROVEMENT PROJECT (CC-1033) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT &TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 jmp/k/agree/sewer 1/5/26/98 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PETER C. DAVID COMPANY, INC. FOR SEWER RELAY IMPROVEMENT PROJECT (CC-1033) THIS AGREEMENT, made and entered into this 1st day of June , 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY', and PETER C. DAVID COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of sewer improvements (CC-1033) 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 jmp/k/agree/s ewer 1/5/26/98 1 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 1995 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 jmp/k/agree/sewer1/5/26/98 2 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Ninety Five Thousand Eight Hundred Seventy-Six Dollars ($295,876), 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 jmp/k/agree/sewer 1/5/26/98 3 within thirty (30) consecutive working days, including pipe delivery, from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. jmp/k/agree/sewer 1/5/26/98 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or jmp/k/agree/sewer 1/5/26/98 5 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED 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 Five Hundred Dollars ($500) 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. jmp/k/agree/sewer1/5/26/98 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work 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. jmp/k/agree/sewer1/5/26/98 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in jmp/k/Wee/sewer1/5/26/98 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all 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 jmp/k/agree/sewer 1/5/26/98 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. jmp/k/agree/s ewer 1/5/26/98 10 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be jmp/k/agree/s ewer 1/5/26/98 11 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY; and CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 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 jmp/k/agree/sewer 1/5/26/98 12 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. 26. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative 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 jmp/k/agree/sewer1/5/26/98 13 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 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. jmp/k/agree/sewer 1/5/26/98 14 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, 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. PETER C. D ID COMPA INC. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: Dav' Ch , President and Secretary IVI or REVIEWED AND APPROVED: EST: Ci Administrator City Clerk APPROVED AS TO FORM: City Attorney I' INITIAT4oPubIic=Works1 AN AP ROVED: bII� S Directo jmp/k/Wee/sewer 1/5/26/98 15 c ..... .J:a:.y_ � aornka OFFICE OF THE SECRETARY Or STATE RE: PETER C . DAVID CO . , INC . L MARCH FOND EU, Secretary- of Stale of the State of California, hereby certify, That the annexed transcript was prepared by and in this office from the record on file, of which It purports to be a copy, and that it is full, true and correct. IN �TITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this uy 3 1 8 secretary of state IIII� MEN 331:1 1651486 a RILED ►►M+�etCes of 1!si Sw.�ery sf StdM� o11Ai Skd�N Cdisr�is ARTICLES OF INCORFORATION ,pa OF "CA Sr ^- PETER C. DAVID CO. , INC. f H YVIG tU S,�tteia d State The undersigned Incorporator hereby executes and acknowledges the following ARTICLES OF INCORPORATTON for the purpose of forming a corporation under the General Corporation Law of the State of California: ONE: The Name of the Corporation shall be: PETER C. DAVID CO. , INC. TWO: The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California, other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California corpora- tions Code. THREE: The name in this state of the Corporation's initial agent for service of process in accordance with Subdivision (b) of Section 1502 of the General corporation Law is: Robert L. Bachman, Esq. 19100 Von Karman Avenue Suite 300 Irvine, California 92715 FOUR: Tne corporation is authorized to issue only classy of shares and the total number of shares which the Corp tion is authorized to issue is one Hundred Thous/and ( , 00 IN WITNESS WHEREOF, the undersigned or hasexecutedthe foregoing Articles of incorporation 2, 1989. ROB MTBACIiMA?i Yncptor The undersigned declares that he is the who executed the foregoing Articles of Incorporation and t uch instrument is the act and deed of the undersigned. RO RT EACMAV WRITTEN CONSENT OF ACTION OF THE DIRECTORS OF PETER C. DAVID, CO. , INC. A California Corporation The undersigned, constituting the Directors of PETER C. DAVID, cu. , iNC. , a California Corporation, (the "Corporation") , acting pursuant to the authority of the Bylaws of the Corporation and Section 603 of the California General Corporations Law, hereby Conseat to, adopt and approve the following: RETICLES OF INCORPORATION RESOLVED, that the Articles of Incorporation of this Corporation, dated October 26, 1989, are to be inserted in Lhe Minute Book of this Corporation. AGENT FOR SERVICE OF P OFF CLSS RESOLVED, that ROBERT L. BACHMAN, shall be the agent for service of process of this Corporation. ADOPTION OF CORPORATE SEAL RESOLVED, that a corporate seal is adopted as the seal of this Corporation in the fGrm of two conuentria circles, with the name of the Corporation and state of incorporation bQtwer?n the two circles and the date of incorporation within the inner circle. h'L.4CTION F OFFICEP.S RESOLVED, that the following person is elected to l:1ie off ivac indicated: DAVID S. CHORAK President, Secretary Chief Financial. Officer ESTABLISTUNG b DEPOSITORY_ FOR CORPORATE FUSjDS RESOLVED, that a President and Secretary of this Corporation, acting together, are hereby authorized: (a) To designate one or more banYs, trust companies, or other similar institutions aE dapositories of the funds, including, without limitation, cash and cash equivalent. i, of this Corporation; (b) To open, keep and close general and -4- f ;. i k � _. CCC�� I �' � � c ; . �ti G � �� ,� � � �. G �� _ / � � � ,� � �� f�- s �. � �� F .�� _ . F , . P 4 P i {�; 4 F' TiCe Office of the City CCerk Huntington Beach, CaCifornia d1lI?/,W,P' la.` /o 32 from The ' zsF Of.• .Alaybrice 1. Henry Deputy City Clerk City of Huntington Beach To: Phone: (7-14) 536-5209 Fax. (714) 374-1557 Date: P. O. Box 190 - 2000 -Alain Street - 3funtington Beach, Cal fornia g2648 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a I PUBLIC NOTICE n thePio oval For made] on the Proposal Form pro- NOTICE INVITING vided in.the contract docu- resident of the County aforesaid; I am SEALED BIDS ments, and shall be ac- companied by a certified or for CC•1033 cashier's check or a, bid over the age of eighteen years, given and not a ; Notice is hereby gi bond for not less than 10 that sealed bids will be re- of the amount of the bid, party to or interested in the below ceived by the City of Hun- made payable to the City, tington Beach at the office of Huntington Beach. The entitled matter. I am a principal clerk of of the City Clerk at City Contractor shall,in the per- Hall, 2000 Main Street, formance of the work and Huntington Beach, CA improvements, conform to the HUNTINGTON BEACH INDEPENDENT, a 92648, until the hour of the Labor. Code of the 2:00 PM on March 24, State of California and newspaper of general circulation, printed ,998, at which time bids b other Laws of the State of will be opened publicly and California applicable and pu IIshed in the City of Huntington read aloud in the Council thereto, with the exception Chambers for the Sewer only of such variations that Beach, County of Orange, State of Relay I Cityve nt Projecttingtow may be required under the in theBeach. special statutes pursuant to California, and that attached Notice Is a A set of plans, specifica-� which proceedings h which der are taken and which lions, and contract docu-i,have not been superseded true and complete copy as was printed ments may be obtained by- the provisions of the starting February 23, 1998' Labor code. Preference to and published In the Huntington Beach at City Hall, Department of labor shall be given only in Public Works upon receipt; the manner provided by and Fountain Valley issues of said of a non-refundable fee of law. newspaper to wit the issue(s) of: $30.00, sales tax included, re bid shall be cone a if picked up or $35.00 if ford unless it is made on a 1 mailed. form furnished by the City The Agency has had a of Huntington Beach, De- partment,February 2 6 19 9 8 I Geotechnical Report(dated and is t of Public Works, , i 11.28-95) prepared for this and it made in accordance 1 project.. Bidders may re- with the provisions o. the view the report at the front Proposal requirements. march 5, 1998 Each bidder must be li- counter of Public Works censed and also prequalk ' Engineering, First 'Floor, fied as required by law. March 12 , 1998 [ City Hall. The report is for The City Council of the reference only and is not a City of Huntington Beach i part of the contract docu- reserves the right to reject ments. It is the Bidder re- i any or all bids. spopret a bility a review,inter- I By order of the City,Coun- pret and draw conclusions 1 icil of the City of Huntington declare, under penalty of perjury, that (in particular the soil,type (Beach, California the 11th and presence of ground i Hof November,1997. {7 water) necessary for the the foregoing is true and correct. project. No appointment is � Connie Brockway � I necessary, it is-available y City Clerk of the City upon request. The report Iof Huntington Beach wili,,not.be reproduced, in 1 2000 Main Street, whole or part, for the Bid- I(714)536.5431 Executed on March 12 , 1998 der. Published Huntington In- at Costa Mesa, California. !dependenttain Febuaryy26, March 5,12,1998 { 024-048 Signature NOTICE INVITING SEALED BIDS for CC-1033 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of2:00 PM on March 24, 1998, at which time bids will be opened publicly and read aloud in the Council Chambers for the Sewer Relay Improvement Project in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting February 23, 1998 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$30.00, sales tax included, if picked up or$35.00 if mailed. The Agency has had a Geotechnical Report (dated 11-28-95) prepared for this project. Bidders may review the report at the front counter of Public Works Engineering, First Floor, City Hall. The report is for reference only and is not a part of the contract documents. It is the Bidder responsibility to review, interpret and draw conclusions(in particular the soil type and presence of ground water)necessary for the project. No appointment is necessary, it is available upon request. The report will not be reproduced, in whole or part, for the Bidder. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid,made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach,California the 1 lth of November, 1997. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 0027191.02 NOTICE INVITING SEALED BIDS for CC-1033 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of2:00 PM on March 24, 1998, at which time bids will be opened publicly and read aloud in the Council Chambers for the Sewer Relay Improvement Project in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting February 23, 1998 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or$35.00 if mailed. The Agency has had a Geotechnical Report (dated 11-28-95) prepared for this project. Bidders may review the report at the front counter of Public Works Engineering, First Floor, City Hall. The report is for reference only and is not a part of the contract documents. It is the Bidder responsibility to review, interpret and draw conclusions(in particular the soil type and presence of ground water)necessary for the project. No appointment is necessary, it is available upon request. The report will not be reproduced, in whole or part, for the Bidder. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The Ci Council of the City of Huntington Beach reserves the right to reject any or all bids. By der of the City Council of the City of Huntington Beach, California the 1 lth of November, 1997. f Connie Brockway City Clerk of the City. of Huntington Beach 2000 Main Street. (714) 536-5431 0027191.02 319 53 o . o_ o -- ---. . Al FL �� 3 , (o 4, . :5 YoJ , 350 , o CD CA •� , Cl SECTION C EXIilBiE ' L for the SEWER RELAY IMPROVEMENT PROJECT from PORT CLYDE DRIVE BETWEEN CAPE MAY LANE AND ROCKPORT LANE,AND ROCKPORT LANE FROM PORT CLYDE DRIVE SOUTH,AND WOODSHOLE DRIVE BETWEEN ROCKPORT LANE AND JONESPORT LANE,-AND JONESPORT LANE BETWEEN MELINDA CIRCLE AND CAPE MAY LANE AND ALLISON DRIVE EAST OF JONESPORT LANE p CASH CONTRACT No. 1033 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, geotechnical report, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids C-1 and will readvertise the )ject. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. _ r If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option,be considered null and void. 5 1 DDER!s /Q°l of Accompanying this proposal of bid, find 'D p Op in the amount of$ fir'fdt/.v7 31.6 which said amount is not less than.10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Al Addenda No. Date Received Bidder's Signature i C-2 PROJECT BID SCHEDULE t — Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 1511 Const.8"PVC SDR-35 sewer&appurtenances per Sht.6 of 6. lin ft @ &EE {,yNbA-ED I1y_rr1T/ F Va Dollars $- /2S OV $_M p s-ze /1/a Cents Per hn ft 2 153 Const.8"VCP sewer&appurtenances per Sht.6 of 6. fin ft @ fi W .!film..02a-P Tw_,uTY SEVed Dollars $ 12- . X $ Al16 Cents Per lin ft 3 850 Connect ex.sew.lateral to new main per APWA stds.222&223 ct lin ft @ /tv&l%Y A,yE Dollars $ ZS OV $ JAID Cents Per fin ft 4 1 Const.manhole over OCSD 54"sewer per Sht.5 of 6. each @'rwEL✓& 7 etts��,a s�x t`uuD2ED Fif r r D011arS $ l2�(aSD.OD $ l2,bs0.Q� iA Cents Per each 5 1100 Abandon ex.sewer&appurtenances in place per plan&specs. lin ft @ -7-,Y 2 E Dollars $ $ 3DO.OV AID Cents Per lin ft 6 34 Abandon ex.laterals&appurtenances in place per plan&specs. each @ TX,,4-rY Dollars $ 3a.afl $1.020.0-0 A16 Cents Per each 7 3 Abandon ex.manhole in place per plan&specs. each @ Ty 2E'E f{um/-DO_6,O Dollars $ 106. 0-D $ d.0'D Ali Cents Per each 8 650 Remove&replace PCC cross gutter. sq ft @ SEV&Af Dollars $ 7 00 $ i SS'D.OD /lfo Cents Per sq ft 9 1300 Remove interfering ex.8"sewer. lin ft @ 10n/E Dollars $ $ 1,3 00.02_ �l/o_ Cents Per lin ft 10 1 Bracing of excavation per specs. lump sum @ ?H IeE C "F11RJsRA4Q Dollars $ 3i a".00 $ S.664.DD f(� d Cents Per lump sum C-Is PROJECT BID SCHEDULE ` Item stimate tem with unit price Extende No. Quantity written in words Unit Price Amount 11 1 Mobilization&demobilization of equipment&materials. lump sum @ 72G A, 7 tfoysAAlb Dollars $ /0,000.00 $/,P d00. 40 _1_ Cents Per lump sum 12 1 Control of traffic per specs.&Traffic Engineer Requirements. lump sum @ jLC,0 L,R "THo tcsq AM Dollars $ Oal1.0v $ DOO,eD 1 Cents Per lump sum 13 6 Remodel ex.manhole including Sancon&core drilling per plan. each @ d v-- 771ovsAmp -SIX f/uu6g6D Dollars $ /1 606.OD $ bad,00 Ale Cents Per each 14 4 Const.sewer manhole per sht.6 of 6. each @ THzac TtreysAuo7 A, H,Y.vAeEo FifT'}'Dollars $3 250,0V $/3,GO/,d0 Au Cents Per each 15 1 Remove ex.manhole&appurtenances. each @ D,vE 7;;oVs AAJJD Dollars $ / 0 .&0 $ (l/o Cents Per each 16 1 Bracing of ex.utilities during construction. lump sum @ P_lrS /-/rbAy02E7p Dollars $ 5010.&0 $ S-00.40 A16 Cents Per lump sum 17 1 Preparation of traffic control plans by a Traffic Engineer. lump sum @ J&w THdUs+iNb Ft2 Hvva2ED Dollars $ %, Soy. 00 $ /,SDO. 00 Ale Cents Per lump sum 18 @ Dollars $ $ Cents Per 19 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 2.9 S g'7 6 . 0 O Total Amount Bid in Words: 'Ty ld Z1jvAjb R_a /l/l Ai 7 F ut—, Tf dVS q E✓1 6-t1 uA141Z 8-vj5A1T 0 LLA Z S 4iv4 d CEN7 S C-2s LIST OF SUBCONTRACTC In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of uWork / Number M.f{, /IYLAN� D�vPi,GE-T� E,v?E�21',C1SE$� NG. _ CourrecicTr 2,J3j Rv Cj,0ev gLvD .6 ut Q310 t CA 24-0 #/7 6 ,/0 dq2- S,41Ve6A1ENb/NE�12111/�j /�/G, 11,.7�vb7b�1 B A Cq Y2 73 � 7 g 7 4 s By submission of this proposal,the Bidder certifies: 1. That the Contractor is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDA* f TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ,D-AQ i-o Ct10 R.1n K , being first duly sworn, deposes and says that he or she is P2Es 10 E,.j"T of P" C. .DAU 1 p a. , I&rr—. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and'not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder x - /aa7-t Signature of Bidder 1381-1 r0Ew+46PE '�Fr_ &AR.DCS Address of Bidder Subscribed and sworn to before me this day of /cT ; 199f-' . PATRICIA RUIZ co COMM.#1127157 C 7 NOTARY PUBLIC•CALIFORNIA N ORANGE COUNTY My Comm.Expires February 14.2001 NOTARY PUBLIC .S=&-�. NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the SEWER RELAY IMPROVEMENT PROJECT; CC-1033, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the b operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall_be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. PE 1Ee- C. �%. Joe- Contractor By Title Date: 3 jTq 11 g C-5 L QUALIFICATION QUESTIG. ;AIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 CON- :,NSATION INSURANCE CE_ _TFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PE,-a�. �. �flJ10 Co.. Contractor By Title Date: 3124 IV C-7 JNDERGROUND SERVICE ., ERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Aiert Identification Number: Contractor By PAS 1'0ej Title Date: 3 1ZN ' g Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: tl ER, AO Bidder Name 13761 KI6w146PC �. Business Address G--�e.O,c-,,S oil q 2-g g3 City, State Zip Y ( 71q ) 537 I570 Telephone Number sgy21s - -A s State Contractor's License No. and Class f�a/90 Original Date Issued 1 131 12000 Expiration Date The work site was inspected by ,D QJID Ch orLA>L of our office on 312.0 , 199 8. The following are persons, firms, and corporations having a principal interest in this proposal: PrTEP- C. D-A\ ) Co., Iu e . .Dflv►0 x000e C-9 a The undersigned is pre, ;d to satisfy the Council of the City o. .mtington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Pr'Toz e. Company Name x Signatur of Bidder h fly I.D Printed or Typed Signature Subscribed and sworn to before me this day of McLrj. , 199'�'. PATRICIA RUIZ r j COMM./1127157 C w NOTARY PUBLIC•CALIFORNIA N ORA�G'E COUNTY Vi C-)mm. Ex, �;Fobruarf 14, 20011 NOTARY PU)3LIC NOTARY SEAL Listed below are the names, addresa and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. C 1 q o-F AQ*11F-i m - P.o. box 3 222, -A► Aiiei M . CA T z 963 Name and Address of Public Agency Name and Telephone No. of Project Manager: MQ.. &Qc Ls.e).J I`f 1165' ,�)16 *7'4I5,4Is. S1 Sowca- JmP2.aV1,,--mE: JT 12- 1241g� Contract Amount Type of Work Date Completed I C I-r`1 a-P Lbs -Ao&tr LE5 - 4,sC S. Spa- a L,-*Itz. Loa-ko6c:LEs, CA 9 mN Name and Address of Public Agency Name and Telephone No. of Project Manager: M2_ PAOL 6601 CM 213 I gy 7 94513 4 LAy1, 121 . Op SEwM ltipa6yemeo► 2/17 Contract Amount Type of Work Date Completed 3. CI- J Of L.6S -A1,&Ct-r--7S - (oSD S. �PRta sT.,*qaO Lys f11J&a✓t S, t�1 1001 Name and Address of Public Agency Name and Telephone No. of Project Manager: Me. OAt3 �omMo2.E 2131 gyp SDZ? �3 S 7,138•&O 5a�-IL 1 M Pa41AC SJ'3 T 'T 19 6 Contract Amount Type of Work Date Completed C-10 PREMIUM—NIL Bond No. 7279405 GUM AMMON INSURMCE CWFAW KNOW ALL MEN BY THESE PRESENTS,that we, PETER C. DAVID CO. , INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY,a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS (S 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED,sealed, and dated this 17TH day of MARCH 19 98 WHEREAS,the said principal IS herewith submitting A proposal for SEWER RELAY IMPROVEMENT PROJECT NOW, THEREFORE, the conditior of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 - ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. PETER . D ID CO. BY: rtA -p StbC.- r hincioal GRFAT AMERICAN INSURANCE COMPANY By DAVID L. CULBERTSON Attnmey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 3-17-98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNE my hand d official seal. V E. Lexie Shenvood 3 Comm. #1148920 ^ NOTARY PUBLIC•CAI IFORNI, COUNTY `1 Si iidature of otary Public ORANGE 11 oa Comm. Exp.July 27.2001 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCU})MU NUMEZR OF PAGES 1 D7= OF DOCUMENT 3-17-98 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) _ GUM ANERICAN INSURANCE COMPANY - ---- - 580 WALNUT STREET•CINCINNATI, OHIO 45202•513-369-5000• FAX 513-723-2740 -------- --- ----- ------------------- The number of persons authorized by - — ---- - -- - this power of attorney is not more than No.0 13630 SIX POWER OF ATTORNEY ---------------------- -- ----- KNOW ALL MEN BY THESE PRESENTS: That the GREAT AM_ERICA_N-INSURANCE COMPANY,a_corporation organized_ — and existing under_and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other.written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL - LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOF the GREAT AM ERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June • 1995 -Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON—ss: On this - 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the.President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. - L _ This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and herebvis authorized,from time to time,to appoint one or more Attorneys-In-Fact to execute on behalfof the Company,as surety.anvand all - bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,-to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant - =_--- Secretary of the Companv may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking.contractor suretyship,or other written obligation in the nature thereof,such signature and seal when soused being herebvadopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed_ CERTIFICATION L RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of - Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. ,,-,,,Signed and sealed this 17TH day of MARCH 19 98 CITY O. IUNTINGTON BEACH RLS No. G�g,� /�j REQUEST FOR LEGAL SERVICES Assn To `- �- o Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 06-04-98 Steve Krieger X- 5259 Public Works Engineering INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all members f the C'ty ouncil. Agenda Deadline � Council Meeting 06-10-98 Sig a ur of epart nt Head COMMENTS Please have the City Attorney sign the contract and approve the following: _ Certificate of Insurance# PETCDO01 21/ 7-576— NroT �} GCsL cu rlk _ Contract Bond/Faithful Performance Bond #2651021 Z C! c- c� Labor& Material Bond #2651021 This is for CC- 1033 Fri RLS#98-318 171;Z4!- q _ Routing: ❑ GCH ❑ PDA � OJCB ❑ SL � 13 WSA ❑ ADL ❑ SF ❑ JM ❑ This Request for Legal Services has been assigned to attorney J E I'd N I F E R M c RA T H 6/8/9 8 , extension 5521 His/her secretary is Karen , extension - 8803 Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorney's Office use only. uk13- �# ". P S/Z� if/146- 4- /;tl . Document2 06/04/98 10:38 AM _ _.... ISSUE DATE(MM/DD/YY) lIIISURE CERT(FI+ ATE INSURANCE _PRODUCER . .. .. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE.CERTIFICATE HOLDER.THIS CERTIFICATE.DOES NOT AMEND, Complete Insurance, Inc . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW DBA: Complete Energy & Marine In COMPANIES AFFORDING COVERAGE 1500 Quail Street, Suite 410 Newport Beach, CA 92660 COMPANY ( 714 ) 2 6 3-0 6 0 6 LETTER A___ULjCD CASUALTY COMPANY B INSURED LETTER GOLDEN EAGLE INSURANCE CO Peter C. David Co. , Inc . COMPANY Dave Chorak LETTER l+ 13861 Newhope Street COMPANY D Garden Grove CA 92643 LETTER COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTA TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) UMW GENERAL LIABILITY (� GENERAL AGGREGATE $2 0 0 0 000 X COMMERCIAL GENERAL LIABILITY C'LU 0 0 012 8 0 0 7/2 1/9 7 0 7/21/9 8 PRODUCTS-COMP/OP AGG. $1,0 0 0 ,000 CLAIMS MADE a OCCUR. PERSONAL&ADV.INJURY S1, 000, 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S1, 000, 000 FIRE DAMAGE(Any one fire) S 50, 000 MED EXPENSE(Any one person)IS 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE g X ANY AUTO CLU0001280 07/21/97 07121/98 LIMIT 11000 ,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS -' --- (Per accident) GARAGE LIABILITY ' PROPERTY S S DAMAGE EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM L..-,.r`_.;r i `:.;j �lIlLS AGGREGATE S_ y OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND UU EACH ACCIDENT $1 0 0.0 0 0 0 EMPLOYERS' LIABILITY NWC 4 7 7 5 0 3-0 0 0 7/01/9 7 0 7/01/9 8 DISEASE-POLICY LIMIT $1 000 000 DISEASE-EACH EMPLOYEE $1 0 0 0 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESEPCTS GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT WITH NAMED INSURED. 10 DAYS NOTICE GIVE FOR NON-PAYMENT OF PREMIUM. RE:SILVER ST. LANE & S .D. IMPROVEMENTS . CERTIFICATE HOLDER .: CAflCELLATiON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND ADDITIONAL INSURED EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL City of Huntington Beach its- MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE officers & employees LEFT 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648, UTH4fRIZED REPRESENTATI f TT , 'FORItA:2�BBS 07/90) ; Y , / I have received the Faithful Performance Bond, Great American Insurance Company for Peter C. David Co., Inc. and the Labor and Material Payment Bond, Great American Insurance Company for Peter C. David Co. , Inc. Re: CC-1033 - Sewer Relay Improvement Project - S/e Banning/Brookhurst Street Please release bid bonds. // Dated: � "Z3 r By: '��4 %.- Bond No. 2651021 Initial premium charged for this bond Is $rj,438.00 subject to adjustment upon completion of contract at applicable rate on final contract price. GMU AMERICAN INSURANCE COMPANY CONTRACT BOND —CALIFORNIA FAITHFUL PERFORMANCE —PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we, PETER C. DAVID CO. , INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of ** Dollars, ($ 295,876.00 ), for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs,executors,administrators, successors,and assigns,jointly and severally,firmly by these presents. SIGNED,sealed and dated this 3RD day of JUNE 1998. WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract,a copy of which is or may be attached hereto,dated the day of , 19—,for: SEWER RELAY IMPROVEMENT PROJECT (CC-1033) NOW THEREFORE, the condition of the foregoing obligation is such that if the Principal shall well and truly perform and fulfill all the undertakings,covenants,terms,conditions,and agreements of said contract,and during the life of any guaranty required under the contract,and shall also well and truly perform and fulfill all the undertakings,covenants,terms,conditions,and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that,in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati,Ohio 45202. AND PROVIDED FURTHER,that no action,suit or proceeding,except as hereinafter set forth,shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract,whether such work be completed by the Principal,Surety or Obligee;but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period,but not afterwards. ** TWO HUNDRED NINETY—FIVE THOUSAND EIGHT HUNDRED SEVENTY—SIX DOLLARS AND N01100. PETER C. DAVID CO. , C _ (SEAL) GREAT AMERICAN INSURANCE COMPANY BY: BY: (SEAL) DIANA LASKOWSKI -, Principal Attorney-in-Fact 5.1052A-2/78 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-03-98 -before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DIANA LASKOWSKI personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS y hand2adofficial seal. .- �.. Lexie Sherwood vU Comm.#1148920 ' OTARY PUBLIC-CALIFORNI A Si a u of Notary Publi ` ORANGE COUNTY `) Comm.Exp.July 27.2001 14 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. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPF OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCaM" 6-03-98 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY-IN-FACT [] TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) GUM AIVERICAN INSURANCE C0MPANY LABOR AND MATERIAL PAYMENT BOND —PUBLIC WORK (California) BOND# 2651021 PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, PETER C. DAVID CO. , INC. as Principal and the GREAT AMERICAN INSURANCE COMPANY,a Corporation organized and existing under the laws of the State of Ohio and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned,and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done,and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of TWO HUNDRED NINETY—FIVE THOUSAND EIGHT HUNDRED SEVENTY—SIX ---- Dollars, ($ 295,876.00 ), lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED,sealed with our seals and dated this 3RD day of JUNE , 19 98 The condition of the foregoing obligation is such that,whereas the above bounden Principal has entered into a contract,dated , 19 ,with CITY OF HUNTINGTON BEACH - to do and perform the following work,to-wit: SEWER RELAY IMPROVEMENT PROJECT (CC-1033) NOW, THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub-contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done,or for any work or labor to persons named in Section 3181 of the Civil Code,thereon of any kind,or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed by any such claimant. Including any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his sub-contractors pursuant to Section 18806 of the Revenue and Taxation Code,that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee,which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15,Chapter 7,Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto,and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code,of the State of California. PETER C. DAVID CO. , INC. (SEAL) GREAT AMERICAN INSURANCE COMPANY t BY: (SEAL) BY: ( Principal DIANA LASKOWSKI 'Attorney in Fact SA24B-7/77 - - � J t � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-03-98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DIANA LASKOWSKI personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WI SS y hand and official seal. Lexi@ Sherwood U Comm.#1148920 0%COMM. OTARY PUBLIC•CALIFORN1AX e of tary Public 2ORANGE COUNTY 11 Exp.July 27.2001 -� 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. DESCRIPTION OF ATTAC ED DOCUMENT PAYMENT BOND TITZE OR 2%W OF DOCUWENT NUMB= OF PAGES 1 DATE OF DOC NW4T 6-03-98 CAPACITY CLAIWD BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) G W ANERICAN INSURANCE COMPANY 580 WALNUT STREET•CINCINNATI, OHIO 45202• 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 13630 SIX POWER OF ATTORNEY KNOW ALI,MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOFtheGREATAMERICAN INSURANCE COMPANY hascaused these presentsto be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1995 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. R ESOL VFD: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby isauthorized,from time to time,to appoint one ormore Attorneys-In-Fact to execute on behalfofthe Company,as surety,anvand all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof.-to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RF.SOLVF.D FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certiFcate of either given for the execution of any bond, undertaking•contract orsuretyship,orother written obligation in the nature thereof;such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and scaled this 3RD day of JUNE 19 98 f" t= I have received Bid Bond, The Hartford Fire Insurance Company for Williams Supply Co., Inc. - Bid Bond Ulico Casualty Company for Majich Bros., Inc. - Bid Bond, Ulico Casualty Company for NFL Construction. Ban niny Re: CC-1033 - Sewer Relay Improvement Project - S/ems/Brookhurst Street Dated: By: I have received Bid Bond, Great American Insurance Company for Peter C. David Co. , Inc. Re: CC-1033 - Sewer Relay Improvement Project - S/e Banning/Brookhurst Street r Dated: ip �— By: al r , PREMIUM—NIL Bond No. 7279405 GUM t ff1UC 1N INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, PETER C. DAVID CO. , INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY,a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS (S 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED,sealed, and dated this 17TH day of MARCH 19 98 WHEREAS,the said principal is herewith submitting A proposal for SEWER RELAY IMPROVEMENT PROJECT NOW, THEREFORE, the conditior of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this , obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference i in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount �,e in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. PETER D ID CO. BY: X b ► 2i► -P s10CLS ' Principal GRE.-kT A_MER1CAN INSURANCE COMPANY By DAVID L. CULBERTSON Attnrnevdn•Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 3-17-98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNEP my hand d official seal . V Ew• LExie Sherwood Comm. #1148920'A&aZnZ_ ^ ' v NOTARY PUBLIC•CALIFORNI/� Si a ure of otary Public ORANGE COUNTY (1 OR Comm. Exp.July 27.2001 A 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMMIT NUMM OF PAGES 1 HATE OF DOCUhdKWr 3-17-9 8 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) GUM rMIERICAN INSURANCE C0MPANY 580 WALNUT STREET•CINCINNATI, OHIO 45202•513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 13630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof:provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1995 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON—ss: On this 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR. to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument:that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby is authorized,from time to time,to appoint one or more Attorneys-In-Fact to execute on behalf of the Company,as surety,anvandal] bonds, undertakings and contracts ofsuretvship, or other written obligations in the nature thereof,•to prescribe their respective duties and the respective limits of their authority.and to revoke anv such appointment at any,time. RESOLVED FURTHER: That the Companv seal and the signature of anv of the aforesaid officers and any,Secretary or Assistant Secretary of the Companv may be affixed by facsimile to any power of attorney or of of either given for the execution of any bond, undertaking,contract orsuretyship,orother written obligation in the nature thereof;such signature and seal when so used being herebvadopted by the Companv as the original signature of such officer and the original seal of the Company, to be t alid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been re\oked and are now in full force and effect. 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