Loading...
HomeMy WebLinkAboutSOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC - 1992-08-17 Pub I NOTICE INVITING SEA-TED BIDS CC- 804 Notice is hereby given that the City Council of the city of Huntington Beach, California will receive sealed bids for the 24-Inch Water Line Relocation r Adams Avenue Bridge at Santa Ana River in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on June 22, 1992 A charge of $ 25.00 , not refundable, will be required for each set of specizl- cations and accompanying drawings . -' DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1 . Mobilization LS 2. 24-inch cement mortar lined and coated steel pipe 398 LF 3. 24-inch cement mortar lined and epoxy coated steel pipe, -` including fittings and supports 536 LF 4. Butterfly valves 1 ea. 5. Connection to existing 24-inch pipe 2 ea. 6. Vehicular traffic control LS 7. Install manway 2 ea. B. Air and vacuum release assembly per Std. Plan 611 1 ea. In accordance with the provisions of Section 1773 of the Labor Code , the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall , Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements , setforth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not _ express or by implications agree that the actual amount of work will corres- pond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public works estimate of the quantities of work to be done. Substitution of securities for any moneys withheld by the City to the to insure performance shall be permitted in accordance with provisions of the California Government Code , Section 4590. No bid will be accepted from a contractor who is not licensed in accord- ance with the law, under the provisions of Chapter 791 , Statutes of 1929 , as amended or Chapter 17 , Statutes of 1939 , as amended, or to whom a proposal form has not been issued by the city of Huntington Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2 : 00 P M. of July 7 19 92, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said city of Huntington Beach at their regular meeting to be held on Monday, the Julx 20, 1992, at the hour of 7 : 00 P.M. in the City Council Chambers in thi Civic Center of said city of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of July 20, 19 92• The city of Huntington Beach, California reserves the right to reject any or all bids , and to accept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the city of Huntington Beach, California this October 7 19 91 ATTEST: - Connie Brockway _ City Clerk ��"A& CITY OF HUNTINGTON BEACH • INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH /y`4 To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RFTEN{ION PAYMENT Date r i -� : 0 DEPT. OF P+)P,I Ir. �NORK" CC � HUNTII'GT6, The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T.WILLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: 41e9/-,94 LOUIS F. SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. - Date: � l CONNIE BROCKWAY City Clerk I_certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer cam' 0574J ,b (� MAY-23-1993 14:20 HARRIS INSURANCE 5 CO- -7S P.02 If15� jiCO inscoilao MAINTENANCE BOND BOND NO: 248529P �.._- ---- ; -- PREMIUM. $� INCLUDED IN PERFORMANCE BOND i KNOW ALL MEN BY THESE PRESENTS: THAT we, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTOR'S, INC. , as principal, and INDEMNITY COMPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State of California and dulylicensed to conduct surety business in the State of CAL I F.,a$ Surety, are held and firmly bound unto CITY OF HUNTTNGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, . CA 92648 THREE HUNDRED FIFTY TWO THOUSAND FIVE as Obligee, in the sum of HUNDRED NINETY DOLLARS & 00/100 ****i$ 352, 590.00 j Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT. WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to, RELOCATION OF 24" WATERLINE AT ADAMS AVENUE BRIDGE AT SANTA ANA RIVERS CC--804 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW,THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREON,the seal and signature of said Principal is hereto affixed acid the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 2 3 R D day of MAY , 19 94 INDEMNITY COMPANY Or CALIFORNIA SOUTHERN CALIFORNIA UNDER— Principal GROUND CONTRACTOR'S, INC. BY, 14077 OLATHE,'ROAD K Attorney irvFtrc, APPLE VALLEY, CA 92307 17780 Fi ch Irvine, CA 92714 (714)263-3300 FgRMlCC-JOs AEV-t0�00 - TOTAL P.02 ii5-23-'�+4 �3 . 1�PM P0� I have received Maintenance Bond for Southern California Underground Contrartor's, Tnr_ on behalf of the Treasurer's Office. Dated By: Southern California Underground Contractors, Inc. 14077 Olathe Road Apple Valley, CA 92307 insq%�Icfo insccblco =�U[p MAINTENANCE BOND BOND NO: 248529P PREMIUM: $ 7052 .00 INCLUDED IN PERFORMANCE BOND 1 KNOW ALL MEN BY THESE PRESENTS: THATwe, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTOR' S, INC. , as Principal, and INDEMNITY COMPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of CAL I F„as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, - CA 92648 THREE HUNDRED FIFTY TWO THOUSAND FIVE as Obligee, in the sum of HUNDRED NINETY DOLLARS & 00/100 ****($ 352, 590.00 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: RELOCATION OF 24" WATERLINE AT ADAMS AVENUE BRIDGE AT SANTA ANA RIVER, CC-804 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after accentailce of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact his 23RD day of MAY , 19 94 INDEMNITY COMPANY OF CALIFORNIA S UTHE N CALIFORNIA UNDER— R Principal f_Q_OUND CONTRACTOR' S, INC. BY:4077 OLATHE4`'lOOAD KAtttrney-In-Fa:t APPLE VALLEY, CA 92307 17780 Fi ch Irvine,CA 92714 (714)263-3300 FORM ICC•305 REV.10/90 - . _ - v . i _v, v , U.1 L" JY 1 L • J J ItV .V VO r .VL 'IEMNITY COMPANY OF CALIFC ` IA AN j DEVELOPERS INSURANCE CO1viOANY NO 124685 P.O.BOX 19725,IRVINE.CA 92713 • (714)2G3-3300 NOTICE: 1. All power and authority horoht graolod Shull in ally event tt:rmlonte on the 31t4 Aay Of March,191,13- 7. Tiff?,,power of Attorney Is void If altered or if any portion is ormsed. 3. This Power of Attorney is void unlett the seal Is readable,the text is In brown Ink•the signatures are In blue Ink and this notice Is In red Ink. 4. This Power of Ativrnvy slivuld riot be relrrned to file Anonley(t),In.rarl.but shotdd remain a permanent purl of tine ohnrine•t toc0+ds. KNOW ALL MtN BY 1 HESE PRESENTS,that,except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make•constitute end appoint a'""ELIZABETH ROBLE, VICTORIA HODGE, JOINTLY OR SEVERALLY:+:" the true and lawful Anorney(s)-in-Fact,to make,execute,deliver end acknowledge-for and on behalf o1 each of said corporations at turettet,bold.n,uridorlaklnp;pad contends of suretyship in tiff umoturt not exceeding Ono Kilian Five Hundred Thousand Dollars(S1.500.000)in any single undertaking:giving and granlinfi unlri;;fill Allurnuy(s}-lit-fuel full I,vwe,anrf authority R,do lull tv p,.rtpml ever y ttcl ock et,,-;+rya r+rVt,izAv mr plvPct 10 bu dorm in Cmffmrliun thurewith as each of said corporation:Could an•but reserving to each Of Lain corpnrallons lull power of Subtlltuilon Ind tevocallon:mild as of lhe aclt of!:aid Atiornny(t:).i,r:,cL IwrFv;mt to thesm presents,are hereby ratified and contirnu-a. 1 he authority and powers eonteried by tMt Power of Alinrney do not exlend to my of the 10110yvint)hotids tnldcrlakinps or contracts of surelysMp. Dank dcpottilory hones,mortgage deGcie,Ky hnuttg.mortg890 tlu;vahtvv burls,guarantoo:of installment paper•note guarantee:brnlrlt,bona:on llnanel;tl instllutfons.lease bonds.Inturanc0 company qualifying hanat•telt-Insurer's bona:•iiamily bona^,or ban Thi;Power of Ativnley ie•tirrntcd turd is si(fnvd by fac•similc under and by authority of the following resolutions adopicd by tie respectivo l3uards of Directors of INDEMNITY COMPANY OF CALIFORNIA 000 DEVELOPERS INSURANCE COMPANY,effective as of Septembor 24.1986: RESOLVED.that the Chairman of the Board,the Prerldent and any Vice i'renlaent of the rnrpfimlirr,be,tint shut each of them hereby Is.swhorize„to exit yafa Powers Of Attorney, Qumlifying ilic vaunvoy(A inim d m tho Powers of Attorney to execute,on behalf of the Cdl Permian,bonds.UndCrtakinNs and cuntricts of suretyship;and trial the Secretary-Or pity Asals- tmnl Sucrulary of trio Corpvrativn be,and each of them hereby is,authorised to stteM the execution tit nny tech Power Of Attorney: RESOLVED.FUR I HEN,that the rlgnatutet of such aturers may br:stlixed to oily^hCh POwCr of Altvnwy or to fifty certificate rotating therein by faetimllo.and any such Power of Attorney or certificate beating such facsimile signatures Shall 0e valid and 011101np Upon the Corporation when so ntlixed and In the fuune with respect lv any hunts,vndurtaking or contract of suretyship to which It Is artachad. IN Wit NrSti wHritFtlr,INDEMNITY COMPANY OF CALIFORNIA tired OPVELOPERS INSURANCE COMPANY have severally epttcoci these prosools to be signed by their respec- tive Presidenit and afletled by their respective$OCreldrios 11,iS 1S1 dity of April,1992. INDEMNITY COMP Y OF CALIFORNIA DEVELOPERS INSq MPANY 13y _ { _ _ _1 r By — �!{4� ( I r — Dunty Vincenti•Jr. Via(-. it,drOsidurt V rP sidertI tNSvq 4`Opr0ljt♦!r, 4*1 ORe�'Ft� o v+ �^ ATTft:T `a OCt.S, !- ATTEST � nAlr it, �o � to 19sJ G/ V i IYJII Walter Crowell Walter Crowell St(;re_tary Secretary STATE OF CALIFORNIA) SS. t:OUNTY Ur ORANGE ) On April 1, 1992. bvfvrm me,the undersigned,a Notary Puhbc in;md for said State,personnny Apnea,ed Dante r.Vmcenti.Jr.and W�Itpr L:,p,•p?!,y;.tsvnuCy known to me (nit prnvr.A to mr nil lilt basis of t elti0tivory evidanee%to tin the portion;who exacvtod the within instrument its PtCtidC„t a1,d Secretary on behalf M Inoemolty Company of California and at Pre:ldent and Secretary on behalf of Developer:Insuranrife Comilaniy,Ufa Corporations therein mallet,end athnvivledged tome that the rnrpotalivnS vxvculsd it WITNESS my hand and official reap. ---------------------- OFFICIAL HEAL TIRESA TAAFUA ,e- NU1AIIY(y1ULIC•CAL1rO0NIA Notary Public I'14INCINAL Oi'61CC IN ! ORAoq RP COUNTY tie Mr Gc�rr*vsslslorh E.P Aug a.11i95 sere• CERTIFICATE Thb unaertignad.as Senior Vice Presldent of INDEMNITY COMPANY OF CALIFOJJNIA,and Senior V,ce Pratio"o,or DEVFLOPFRS INSURANCE COMPANY,does hereby curtify that the foregotnff,anti all ictivO Puwvr of Attorney remains in hull force and has not boen IcvokeM ,,W turthormore•that the P,Qviuions of the resofulloM,nl tfw rospuctive Boards of Directors of laid Corporati00s•set forth in the Power of Atlorney,am in force as of the date of this Certificate. 1 his tier litfe.rilr-ie:c,crrulrJ In the City of Irvine.Californle,this day of S P PTEM FI F.R.• _ --_.1992 INDEMNITY COMPANY Or CALIFORNIA DEVELOPERS INSURANCE COMPANY R �// '/ aG/_w►OA*!�t, WP OstOal�yP f�.�_ fJ i /fe�OCT a ,/', it +4 ♦p r' a A n \. e L.C.Fiobr er I7CJ _..__. i `a•nilrr Vu_t:Plr::itftenl Si!r,/a}',t%y�V' rcf,ior Vic!I`rrof•,dgnl c• + of • 10-110nEV Vflj Alf CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Connie Brockway City Clerk via Jeffrey R. Renna C Water Operations Manager ` From Deborah M. DeBow Associate Civil En in4eer CD -,-i Date June 6, 1994 Subject 10% RETENTION PAYMENT CAM CONSTRUCTION OF 24-INCH WATER TRANSMISSION MAIN RELOCATION; CC-804 SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORSt INC. The City Attorney's office has recommended that the subject retention payment be released, in addition to the 19 day's liquidated damage cost ($4, 750. 00) . Pursuant to your request, enclosed please find the Certificate of Compliance,, Maintenance Bond and Declaration of Satisfaction of Claims recently submitted by Southern California Underground Contractors, Inc. If the above forms are satisfactory to you, please sign the attached 1110%, Retention Payment Release Form, " where indicated, and return to me at our soonest convenience. If you need more information or have any questions, please call me at extension 5528 . Thank you for your assistance. DMD:jaa cc: Art Folger, Deputy City Attorney Jeffrey R. Renna, Water Operations Manager File CC-804 I RECEIVED DEPT. OF PUBLIC WORKS JUN 3 1994 City of Huntington Beach WATER DIVISION Department of Public Works HUNTINGTOU BEACH, CA P.O. Box 190 Huntington Beach, California 92648 - Attentions Subjects Certification of Compliance with Title V11 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 " Gentlemen: The undersigned, contractor on CC-804 Cons u Water Transmission Mains Relocation Project NO, TICTO hereby certifies that all laborers, mechanics, apprentices, traineesi. watchmen and guards employed by him or by any subcontractor perform- ing 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 applicaple to the wage rate paid. i - Signature and Title uthern California Underground Contractors, Inc. . George Frost President pECLARATION OF SATISFACTION OF CLAIMS r rri.� I So. Cal. Underground Contractors , state: (Name of conEractor 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 CC-804, Const_. 24" Water Mains 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" ) Kelly Pipe I declare under penalty of perjury that the foregoing is .true and correct. Executed at Glendale on this 31st day of May I 4 S gnature of Contractor 4thern California Underground Contractors, r Mr. George Frost President RECEIVED DEPT. OF PUBLIC WORKS SCU JUN 3 X 1994GENERAL ENGINEERING CONTRACTORS SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. WATER DIVISION CALIFORNIA LICENSE #611356-A NUNTINGTON BEACH, CA ACCOUNTING OFFICE: n ESTIMATING FIELD OFFICE 14077 Olathe Road (818) 248-9770 Apple Valley, CA 92307 BUS: (619) 946-0126 (818) 248-9829 Fax May 31, 1994 City of ,Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 Attention: Mrs. Deborah Debow Associated Engineer Regarding: Relocation of 24), Waterline at Adams Avenue Bridge at Santa Ana River, CC-804 Dear Mrs. Debow, Transmitted herewith is the Material Bond for the above referenced project. If you should have any questions, please feel free to contact our field office at the number above. Thank You, 'AyoZ4�' Kathy X Plant Projeft Coordinator SO 600 , 7S� CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 May 11, 1994 Southern California Underground Contractors, Inc. at 14077 Olathe Road ZZ Apple Valley, Ca 92307 .� Attention: George Frost Project: Construction of 24-Inch Water Transmission Main Relocation Project; CC-804 .0 .. Dear Mr. Frost: This letter is to inform you that the City of Huntington Beach is unable to release your 10% retention fund for the above named project without the following information. ✓ Declaration of Satisfaction of Claim ✓ Certificate of Compliance ✓ Maintenance Bond Please forward this information to our office at your earliest convenience. If you have any questions regarding this request, please call Janie Alba at (714) 536-5204. Very truly yours, Deborah M. DeBow, P.E. Associate Civil Engineer DMD: jaa cc: Art Folger, Deputy City Attorney City Clerk File CC-804 72� OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET/P.O.BOX 190 HUNTINGTON BEACH,CALIFORNIA 92648 Fax Number (714)374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: FAX NO PHONE NO. r FROM: NUMBER OF PAGES, (INCLUDING COVER PAGE) DATE SENT: ����/9Y TIME SENT: / /D AMA0 OPERATOR'S NAME PLEASE NOTIFY OPERATOR MMEDIATELY IF NOT RECEIVED PROPERLY (714)536-5227 COMMENTS: CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE CITY OF HUNTINGTON REACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Dan T. Villella From Louis F. Sandoval Director of Finance Director of Public Works Subject CC-804 Date November 9, 1993 SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, 10% RETENTION PAYMENT Pursuant to your recent memo (copy attached) , the processing of the subject retention payment to Southern California Underground Contractors is not recommended. A Stop Notice filed against them by Kelly Pipe Co. in the amount of $106,208 . 39 remains in effect. LFS:JRR:DMD: lb cc: Art Folger r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINCTON!EACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject Date RTEN ION PAYMENT CC . JEP7 O SO v._ clo l The conformed copy of the Notice of Completion for the above contract has been filed. The thirty—five (35) day waiting period has elapsed or will, elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. LLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: LOUIS F. SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY City Clerk .I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0574J PECORDING �^UESTED BY WHEN RECORDED MAIL TO: City of Huntington Beach e Office of the City Clerk �_�LI T_y �� P. 0. Box 190 NJ Huntington Beach, CA 92648 no.,-;,r,s�„ ;,; n;; ,,iI nw,,;,k of 0,aia3e �Ei ty,L r t�•ai:a i'ui 1'oI Lee A. r,v;-,ch*1 Couri Recorder P°5p I of I Fees: 1 L.,A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Southern California Underground Contractors, Inc. , 14077 Olathe Road, Apple Valley, California 92307 who was the company thereon for doing the following work to-wit: construction of 24-inch Water Transmission Main Relocation Project, CC-804. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Adams Avenue Bridge and Santa Ana River Nature of Interest: easement a� That said work was completed 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 September 20, 1993. That upon said contract the The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 24th day of September, 1993. City Clerk and ex-officio erk of the City Council of t 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 24th day of September, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-.offici Clerk Sec. 6103 and should be recorded of the City Council of ftfe City free of charge. of Huntington Beach, California 1154K/1488K CONFORMtU tbpV WHEN RECORDED MAIL TO: Not Compared with Original City of Huntington Beach THE ORI6IML OF THIS DOClKNT Office of the City Clerk WAS RECORDED ON 06-OCT-1993, P. 0. Box 190 DOCUl4EalT NUMBER 93-0679606. Huntington Beach, CA 92648 LEE A. BRANCH, COUNTY RECORDER ORANGE COUNTY RECORDER'S OFFICE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Southern California Underground Contractors, Inc., 14077 Olathe Road, Apple Valley, California 92307 who was the company thereon for doing the following work to-wit: construction of 24-inch Water Transmission Main Relocation Project, CC-804. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Adams Avenue Bridge and Santa Ana River Nature of Interest: easement That said work was completed 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 September 20, 1993. That upon said contract the The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 24th day of September, 1993. City Clerk and ex-officio irk of the City Council of t ity 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 24th day of September, 1993. This document is solely for the official business of the City of Huntington Beach, as contem ZOZ'7� X�ZLL6� - plated under Government Code City Clerk and ex-offici Clerk Sec. 6103 and should be recorded of the City Council of tKe City free of charge. of Huntington Beach, California 1154K/1488K � u •�, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CON IE BROCKWAY CITY CLERK September 24, 1993 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, CA 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, Post Office Box 190, Huntington Beach, California 92648. . Enclosed also is a copy of the Notice of Completion. Please return the conformed copy- document number, recording date, book and page number. Sincerely yours, e W. Connie Brockway City Clerk CB:cc Enclosure - Southern California Underground Contractors, Inc., CC-804 1556K/1557K (TWMphonr.714836.5227) WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Southern California Underground Contractors, Inc., 14077 Olathe Road, Apple Valley, California 92307 who was the company thereon for doing the following work to-wit: construction of 24-inch Water Transmission Main Relocation Project, CC-804. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Adams Avenue Bridge and Santa Ana River Nature of Interest: easement That said work was completed 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 September 20, 1993. That upon said contract the The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 24th day of September, 1993. City Clerk and ex-officio rk of the City Council of t ity 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 24th day of September, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-offici Clerk Sec. 6103 and should be recorded of the City Council of tKe City free of charge. of Huntington Beach, California 1154K/1488K t I have received Faithful Performance Bo and the Labor and Materials bond for Southern n erground Contractors, Inc. , 24 Inch Water Main Relocation - Santa Ana River/Adams Avenue, CC-804 on behalf of the Treasurer's Office. Dated_ AV � .7 By: PREMIUM IS FOR CONTRACT TERM Ir'1SC�1C0 AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. o U PERFORMANCE BOND — PUBLIC WORK Bond No. 248529P Premium $7 . 052 -00 KNOW ALL MEN BY THESE PRESENTS:That we, SOTTTHFRPJ CAT,TFORPIIA UPIDRRGROUPID CONTRACTORS, TPIC- As Principal,and INDEMNITY COMPANY of CALIFORNIA,a corporation dulyauthorized underthe laws of the State of Nevada to become surety on bonds and undertakings, as Surety, are held and firmly bound unto OTTY OF HUNTINCTON BEACH As Obligee in the full and just sum of **THREE HUNDRED FIFTY TWO THOTTSAND FTVF. HUNDRED NINETY DOLLARS AND PI0/'1 OO** Dollars, ($ 352 , 59n _ no ) lawful money of the United States of America,to be paid to the said Obligee,successors or assigns;for which payment,well and truly to be made,we bind ourselves,our heirs,executors,successors,administrators and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such that:whereas the above bounden Principal has entered into a contract,dated SEPTEMBER 4 , 19 )9 ,with the Obligee to do and perform the following work,to-wit: RELOCATION OF 241, WATERLINE AT ADAMS AVENUE BRTDrP. AT SAtITA ANA RIVER. CC--804 as is more specifically set forth in said contract,to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 22 day of SEPTEMBER , 1992 THERN CALIFORNIA UNDERGROUND CO ITRACTORS, INC. INDEMNITY COMPANY of CALIFORNIA Principal By CTORIA HODGE Attorney-in-Fact APPROVED AS TO FOR" ` GAIL HUTTON CITY AT R 17780 Fitch (Z Irvine, California 92714 By'\lam (714) 263-3300 ID 0?G new.?/�J I Deputy City Attorney PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. ea The Insco/Dtc® Group D�C� PAYMENT BOND — PUBLIC WORK Bond No. 248529P Premium included in Performance bond. KNOW ALL MEN BY THESE PRESENTS, That SOUTHERN CALIFORPIIA UNDERGROUND CONTRACTORS, INC. , as Principal, and INDEMNITY COMPANY of CALIFORNIA,a corporation authorized to transact a general surety business in the State of Neva d a as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee in the sum of **THREE HUNDRED FIFTY TWO THOTTSAPID FTVF HTJNDRED NINETY DOLLARS APIs P10r'l RSbfia#rs($ 352, 590. 00 ) for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, Jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that:whereas,the above bounden Principal has entered into a contract, dated SEPTEMBER 4 , 19 92 , with the obligee to do the following work, to-wit: RELOCATION OF 24" WATERLINE AT ADAMS AVEPITJE RRIDGF AT SANTA ANA RIVER . CC-804 Now, therefore, if the above bounded Principal,contractor, person, company or corporation, or his or Its sub-contractor, falls to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code,with respect to work or labor performed by any such claimant,that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond,and also, in case suit is brought upon this bond, a reasonable attorneys fee,which shall be awarded by the court to the prevailing party in salAuit,said attorneys fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 Inclusive, and all amendments thereto. Sig a and Sealed this 22 day of SEPTEMBER 19 92 S T ER CALIFORNTA TTPI1)FRGROUPID CO T I RS INC. INDEMNITY COMPANY of CALIFORNIA Principal By V TORIA HODGE Attomey-In•Fact • APPROVED AS T0.RORY» FAIT, HUTTON i CIT.. TORNE"% 333 Wilshire Ave. Anaheim, California 92801 IDoze pies by :� (714) 999-1471 (213) 402-7877 Deputy City Attorney; POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA • ' AND DEVELOPERS INSURANCE COMPANY N2 124685 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 r NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1993. 2. This Power of Attorney Is void if altered or It any portion is erased. 3. This Power of Attorney is void unless the seal Is readable,the text Is In brown ink,the signatures are In blue Ink and this notice is In red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severalty,but not jointly,hereby make,constitute and appoint ***ELIZABETH ROBLE, VICTORIA HODGE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship In an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)In any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of Installment paper,note guarantee bonds,bonds on financial Institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or ball bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA a0d DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby Is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any Such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the Corporation when so affixed and In the future with respect to any bond,undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed bytheir respec- tive Presidents and attested by their respective Secretaries this let day of April,1992. INDEMNITY COMP AY OF CALIFORNIA DEVELOPERS INSU NCE COMPANY By U9. 0_�Ujll t By • 0_ _ "' `J, Dant .Vincenti,Jr. Dante .Vincenti,Jr. President �?ANY resident N s uq 4ppPOR4�"� r„QgpPF OR4,, ATTEST s OCT.a w ATTEST W MAR.PT, '0 l / 18s1 /FO0.N�T? By By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1992, before me,the undersigned,a Notary Public in and for said State,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons who executed the within Instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL TIRESA TAAFUA Signature NOTARY PUBLIC-CALIFORNIA Notary Public A ' PRINCIPAL OFFICE IN ORANGE COUNTY My Cormission Exp.Aug.4,1995 -------------- CERTIFICATE Tha undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney,are In force as of the date of this Certificate. This Certificate Is executed in the City of Irvine,California,this 2 2 day of SEPTEMBER —1992 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �F ANl' tNeUq. O Q,9pPOR 4 `ebp►O 0-�AAi" �+404 f� o i pCT.fJv B / MAR.27, 0 By -- 1 a Y � w L.C.Fiebiger lOs1 L.C.Fiebiger Senior Vice President 1� lrFo x Senior Vice President o /FOpp�'*�' 10-310 REV:3/92 ► 6c� Oq(V 1, s REQUEST FOR CITY COUNCIL ACTION, Date: September 20, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator ,/ Prepared by: Louis F. Sandoval, Director of Public Works pr. Subject: 24-INCH WATER TRANSMISSION MAIN RELOCATION; CC-804 APPROVED BY CITY COUNCIL Consistent with Council Policy? [XI Yes [ ] New Policy or Exception 9� 01-10 19 ya Statement of Issue, Recommended Action, Analysis, Funding Source, Alter ative ctions AttachMf Statement of Issue: Southern California Underground Contractors, Inc. , (SCU) has completed the 24-inch Water Transmission Main Relocation Project; CC-804 . Recommended Actions: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for the 24-inch Water Transmission Main Relocation Project; CC-804, and 2 . Authorize the transfer of $14, 060. 00 from the SCU construction contract to project "supplemental expenditures" for additional inspection services provided by CIA Engineering Consultants, for the 24-inch Water Transmission Main Relocation Project; CC-804 . Analysis: On August 17, 1992 , the City Council awarded a construction contract to Southern California Underground Contractors, Inc. , (SCU) for the 24-inch Water Transmission Main Relocation Project; CC-804 . On October 19, 1992, the City Council awarded a Professional Services Agreement to Construction Inspection and Administration ,Engineering Consultants (CIA) for construction inspection services for this project. The project was completed in substantial conformance with the plans and specifications. Only one small change order was required and the project was completed within budget. However, due to delays caused by both rain and material manufacturing errors, the- project exceeded the expected time for completion. V � i September 20, 1993 24-Inch Water Transmission Main Relocation; CC-804 Page 2 The contractor (SCU) is responsible for delays due to his material manufacturing errors, including any additional inspection required as a result of these delays. These delays necessitated an additional twenty-seven days of inspection services, provided by CIA Engineering Consultants, at a cost of $14, 060. 00. Because SCU is responsible for this cost, the amount of $14, 060. 00 should be deducted from the contract amount owed to SCU, and transferred to the project "supplemental expenditures" account for payment to CIA for their additional inspection services. The following is a summary of the contract costs, after this suggested transfer of funds is made: Council Actual Approved Expenditures • Construction Contract Amount (1) $ 352, 590. 00 $ 337,920. 00 • Construction Change Orders $ 35, 259. 00 $ 5, 000.00 • Supplemental Expenditures (2) $ 30,000. 00 $ 42, 660. 00 TOTAL $ 417,849.00 $ 385,580.00 (1) Southern California Underground Contractors, Inc. (SCU) (2) CIA Engineering Consultants (CIA) City Council approved $417,849. 00 for total construction of this project. Actual expenditures amounted to $385,580. 00. The City has received a "Stop Notice" against SCU which exceeds the ten percent (10%) retention being held. However, the City does have a payment bond that will cover the settlement of this Stop Notice if necessary. The Director of Public Works recommends the transfer of $14, 060. 00 from the Southern California Underground construction contract to project "supplemental expenses" so that CIA Engineering Consultants can be paid for their additional inspection services. The balance then remaining in "unused project funds" is $32,269. 00. Funding Source: Not applicable. Alternative Action: Reject acceptance of project. Attachments• None. LFS:JRR:DMD:bb CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 2, 1992 Southern California Underground Contractors, Inc. 14077 Olathe Rd. Apple Valley, CA 92307 RE: Construction of 24 Inch Water Main Relocation - Santa Ana River/ Adams Avenue , PROJECT CC-804 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone:714-536-5227) CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. FOR RELOCATION OF A 24-INCH WATERLINE AT ADAMS AVENUE BRIDGE AT SANTA ANA RIVER (CC-804) TABLE OF CONTENTS # TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 L 11 . LIQUIDATED DAMAGES/DELAYS 7 & 8 12 . DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES 10 & 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18 . INDEMNIFICATION DEFENSE HOLD HARMLESS 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 20. INSURANCE 12 & 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22 . DEFAULT AND TERMINATION 14 23 . DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS 14 24 . NON-ASSIGNABILITY 15 25 . CITY EMPLOYEES AND OFFICIALS 15 TABLE OF CONTENTS # TITLE PAGE(S) 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 15 27. IMMIGRATION 15 28 . NOTICES 16 29 . CAPTIONS 16 30 . ENTIRETY 16 L CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. FOR RELOCATION OF A 24-INCH WATERLINE AT ADAMS AVENUE BRIDGE AT SANTA ANA RIVER (CC-804) THIS AGREEMENT is made and entered into on this 2nd day of November , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, 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 L relocation of a 24-inch waterline at Adams Avenue Bridge at Santa Ana River (CC-804) in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, 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. AJFk 7/92269 13 CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s . ) 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract AJFk 7/92269 14 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 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 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 AJFk 7/92269 15 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 of THREE HUNDRED FIFTY TWO THOUSAND FIVE HUNDRED NINIETY DOLLARS ($352, 590) , as set forth in the Contract Documents, to be paid as provided for herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within six (6) months from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of AJFk 7/92269 16 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 Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general , all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES ` CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; AJFk 7/92269 17 thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 . NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In 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 s CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following 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 and to warrant such performance for a period of one (1) year after CITY' S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate AJFk 7/92269 18 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 as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/D$LAYS 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 in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250 . 00) 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 sum 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 AJFk 7/92269 19 pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no AJFk 7/92269 20 allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially frog 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. AJFk 7/92269 21 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. ho claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as AJFk 7/92269 22 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 in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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 AJFk 7/92269 23 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, judgmefits, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; AJFk 7/92269 24 CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such 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, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as AJFk 7/92269 25 Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to C1`TY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR AJFk 7/92269 26 shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . AJFk 7/92269 27 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 recover from CONTRACTOR its reasonable administrative and attorney' s �'fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. 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. 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 8 U.S.C. §1324a regarding employment verification. AJFk 7/92269 28 28. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR' S agent (as designated in Section 1 hereinabove) or to CITY' S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows : TO CITY: TO CONTRACTOR: Louis F. Sandoval Mr. George Frost Director of Public Works So . California Underground 2000 Main Street Contractors, Inc. Huntington Beach, CA 14077 Olatte Road 92648 Apple Valley, CA 92307 29 . CAPTIONS Captions of the sections 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 . 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. AJFk 7/92269 29 k, ' 1 30 . ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CON RACTOR: CITY OF HUNTINGTON BEACH O THERN CALIFORNIA UNDERGROUND a municipal corporation of 0 RACTORS, INC. the State of California By: e q ost Ma r Its : -��. By: Georg ernathy Its : ATTEST: APPROVED AS TO FORM: L� City Clerk City. Attorney (y REVIEWED AND APPROVED: NITIATE AND APPROVED: ministr or Direc or of Public Works AJFk 7/92269 30 Vi 1ii4w4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOM ON 0 CONrCR5 HARZIS INSURANCE S3RVICBE NO RIGHTS UPON THE CERTIFICATE MOLDER, THIS CERTIFICATE DOES NOT AHEWD, EXTEND OR ALTER THE COVERA(Z AFFORDED BY THE POLICIES BELOW. 0770 be VALLEY VIEW BLVD. .... ............ .. ............................................. L&O VEGAS j NV $91l$ C014PANIES AFFORDING COVERAGE F,1160 62•-S97—X110 -------•--, ...... INSURED , .---------------------------- -• �`�YY•LliTER A - REBVRa�--INQ.•-------------•--......... .........$.... .............. .......................................... B 2Out ern California Nader— COMPANY LETTERS 1091 i 0 roundContractors, Iho. . .................................. ..................... 4077 Olathe Road COMrANYLETTER 0 93leValley, CA .............•-.....................-------.............................. COMPANY LETTER D . .............................................. ...... ... .................. ...............................-- COM/ANY a r COVERAGES s•-•««.................................. ---------- ......................rffff:fffefefffff■■ffff■rf■ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIIITHSTANDINII ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH IHIy LLOTIF1CATe MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICICS DCSCRIBED HEREIN It SUBJECT TO ALL TERMS, RXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .................... ................................------------------------------- --- ---- .............................. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY ExP ALL LIMITS 10 THOUSANDS LTR DATE DATE ... ------------------------ ---------- ------------- -------------- ---------- -----------•-•-------_-....... GENERAL LIABILITY G[NERAL AGGREGATE 2000 ------------------- ....... A 013 COMMERCIAL GEN LIABILITY DOL 153971 03/01/92 03/01/93 PRODS-COMP/OPS AGO. 2000 13 [ ) CLAIMS MADe TE OCC. PENS. L ADVG. INJURY 2000 -•---•---- ---------- -----•-•-- KI OWNER S S CONTRACTORS EACH OCCURRENCE 2000 PROTECTIVE ....I................ .......... FIRE DAMAGE (ANY ONE FIRE) t I MEDICAL EXPENSE (ANY ONE PERSON) ... ......--••- - --- -- -- -------- ---------------------------- -------•------ --•----------- ---................-- •--•--- AVTaxosl>us LrAB CS'L' loon B X3 ANY AUTO LCP30006124300 03/01/92 03/01/93 BODILY INJURY I 1 ALL OWNED AUTOS (PER PERSUN) 13 SCHEDULED AUTOS ..................... .....- KI HIRED AUTOS BODILY INJURY K) NON-OWNED AUTOS (PER ACCIDENT) 13 GARAGE LIABILITY ..........----------- ---------- 13 PROPERTY ... ....... ...............•-------- ----....................---- ------- --- ......•.. -- --- ...................... SXCESS LIABYLITY I EACH OCC I Ad-MIGATE L I UMBRELLA FORM I ) OTHER THAN UMBRELLA FORM . . ................. - -...--... ....... 1�0 - .---- APY1:tO.g....aS C• - -STATUTORY WORKERS& COUP (;AIL HU TON EACH A DISEASEC ND POI.10 LIMIT $KPLOYBRA I LIAR CITY DISEASE-EACH EMPLOYE OTHER....................... ---------•--BY• ON ---- '; ...... ------------------------------ DeputY C Y t -••-----•----------------- .................................. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 4081 2461 WATER LINN RRWCATION, ADAMS AVENUE BRIDGE AT THE SANTA ANA RIVER CITY OF HUNTINGTON BEACH NAMED AS ADDITIONAL INOURSD FOR THIS PROJECT ONLY CERTIFICATE T ATE HOLDER CANCELLATION <_�-e---��-_■ �s■■ ■■■eLaoTe�a-7R-=--=e--eeaeff■■:ccn==c - ------ e■ __ ,,, ■ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. CITY OF KUNTINGTON BEACH ■ PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 61MDJ(ASCOR)M MAIL 30 E RIC CKARLONNE ■ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,2tM 2000 MAIN ST. P. 0. BOX 190 3xnaaBot�lacMemtxsucK>sla> XxuetoLst�ulOc�eutel�rxpNcpaKx>41exDaxxxsl HUNTINGTON BE�iCIi, NV 0xTrxxlWe�n�PseltxNsLrpNPltvoplxl�oytla�altxe�IcBerstl�IcezfslEltx 92648 ......................... . = AUTHORIZED REPRESENTATIVE. - � CE Ci4 C $ POLICY NUMBER: DOL 153971 CUMMER(:IAL GE14ERAL LIABILITY INSURED: SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): Location of CITY OF HUNTINGTON BEACH Covered Operations ATTN: ERIC CHARLONNE 2000 MAIN ST. , P. 0. BOX 190 HUNTINGTON BEACH, CA. 92648 Premium Basis Rates Advance Premium Bodily Injury and (Per Property Damage liability Cost $1000 of cost) $ Total Advance Premium $ (If no entry appears above,information required to complete this endor serpent will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section 11) is amended to (a) All work on the project (other than include as an insured the person or organization service, maintenance, or repairs) to (called"additional insured")shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s)at the site of the A. "Your work" for the additional Insured(s) at covered operations has been corn- the location designated above, or pleted; or B. Acts or omissions of the additional Insured(s) (b) That portion of ''your work" out of in connection with their general supervision which the injury or damage arises has of "your work" at the location shown in the been put to its intended use by any Schedule. person or organization other than an- other contractor or subcontractor 2. With respect to the insurance afforded these adds- engaged in performing operations for tional insureds,the following additional provisions a principal as a part of the same apply: project. A. None of the exclusions under Coverage A, (3) "Bodily injury" or "property damage" except exclusions (a), (d), (e), (f), (h2), (i), arising out of any act or ornission of the and (m), apply to this insurance. additional Insured(s) or any of their em- B, Additional Exclusions. This insurance does ployees, other than the general supervi- not apply to: sion of work performed for the additional (1) "Bodily injury" or "property damage" insured(s) by you. for which the additions insured(s) are (4) "Property darnage" to: obligated to pay darnages by reason of (a) Property owned, used or occupied by the assumption of liability in a contract or or rented to the additional insured(s): agreement.This exclusion does not apply to liability for damages that the additional (b) Property in the care,custody,or con insured(s) would have in the absence of trot of the additional insured(s) or the contract or agreement. over which the additional Insured(s) 2 "Bodily injury" or "property dams e" are for any purpose exercising phys- ( ) g Ical control; or ' occurring after: (e) "Your work" for the additional In- sured(s). CG 20 09 1185 Copyright, Insurance Services Office, Inc., 1984 C7 1A 0 '1992 08 29 FR M s F:11 :. I . TO 77415" P. 0? �.'CAMI►�IYSATIQM °hJ�'"`.�G'.i�,I. I'I$iI�?� .?!:°T i'!�';� NC. R `.tENT .GS�1►tfi:T 'HOME cai:ica , AM.t.toweevIVS ca-.*s ARE . Sy&NOARO TIM1 OR TKE ' 'Amil woolc►T.E't1 AT ►A41PIC STI►1 DARD TWI dk YwiV � i1:TS FOL M, TO THE CO*�J.RAFLY 1`{oTwjJrtj$ ;,,; Jj, a . I� IT IS AG%.Z , T!iAT (N ' S O F ADD_T'r O AL 'INS URZ-D ' ,� � O"�® ONt NtAX7 �. .. l�, fir' M�iD;C)�w,:.. �•`;T') . �'. IS 'UZRZSY NKX:-D: AS AN ADDITIONAL INSURED M2L(jYZ:R ON Ty.T.S PQLXCV BUT ONLY AS RtS?ZCTS DIPLOY41-S 6rMOSE N�%7,S ApilmAlk,ON t C I i CA.LL'SZ) 'SIT PRIOXART INSUR D) iIL14• THOSE �.1 LC1:'E:.S ARZ EV AGM-D IN IIOR_{ UNDZ1. VIM S:IMULTAXEd S DT]�EC IDN AND ji CONTROL Oz TV.Z PRI'kRY INSU ED Aa�D THEUITI0NAL I��SU D `j Zr'v.�O � � f.V..r v• v • IT .IS FLM';:::SR I G, ED T; TV. PAY:•d.=' Off' THE nmL vunIIT—m DUS: .AND _?AYASLT. UNDSR THIS POLICY ZM—A $HALL RIN TXZ SALE ,S.F0NSZ.3.I'LITY 07 THE PRIM'-►RY INSURED. IL NOTHING tm THIS fROORSf,t►tENT ;CNITAINfO SHALL BE.MELO? TQ VARY. *%j TER, VOAYVE. . j OR ExTE::p wnY'OF THE TER`.i5. C'NostIONS, AGilfft.1UNTS. OR LIMITAT'tC:NS OF.THIS . ' POLICY OTMER Ts4AN aS ASOVE STATED,NOTHING, CL$9Wr. ERS the TWS POLICY 3ka,LL E< WELD TO VARY,ALTRR, wAivf. OR �,imlr THE TEAM$,CONO+TI0.iS.,%GREEM9 TS CA �,isti1l. IXT4401V$OrF T`'r hft QnetatEM'Y 001 �• CC'vVtt:TR�BOO ANC !S ;1, ..T S• r+C •• . moip -- w'• r 1 Z,-4_j �. / ---- - --------- - ---- 10i0/19y: 0- .;,a FROM =. r.IJ. C:. Y . TO 3741573 F• Ci4 G : CErmcATE KOLDEAS' NOTICE fA r1 n C T p C E Iu ENT .,. AAA mal Am PAC41c W01CATIC AT I�AG��i�AMOI4!►C,'�� , ANM INC IN THIS POLZC'Y TO THE CONTRARY NO THST INO,_;T 15 ' • AGMEM THAT TRIS POLICY SHALL NOT BE CANCELED U=II.; w �SMIFY. �i s SERA �Q DAYS d 9 ' �IM9�q_1'II�IMiioiEYYFM�MMi - Y ' XTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED *IN TRE p A1(a1,PE�9BY S1�I'.�'��?yy:�.�x}r'UNTT�D` s�'TO CURRENT HOLDERS OF CER IF.1 TE 0r RXZRS, -J` I ' II NOT IN Tp a� ��'C TAI •,�. ' R X + Ari M N 1�S t o R# + AaER, WAIVE O S OF THIS ' POLE MEAAZ �� ` � It 3 (IN � RE t . " t$ OL SHALL8E Kul �rRA, f Cy T>y ER .O 1 �10 'S twC? L,1Mt+ TAX . F T O T CIOU TEASPONCo ANO 1S$%JEQ AT 5Atl FRANC15co; 206 All PREI sciR 2W64*cv sas,�t �,K, . . ,db. 10/0? 1992 08: 28 FROM P. SCIF',�,SpN BE 02 RNADINO P-2/4 STATE P.0,DOX 4=W7,UAWFAAN013,040.CA 04142-0201 Crzftlr$FICATF.OFWOFIKERS-cowr:NsATIONIN$URANCE OCT0899 60 1994 P0wCyNUmfiEAZ129?02? 9? CERT I rl cAlre SIP114"T 3-1-93 CITY bf HUNTIMMO BEACH 390 fLOOR-MR: W)RIA "413bltvTOW SELCH' CA 92644 jots 114ft3vefis 6 Th&is w Cyr 0f v that wa h;%m iuuRd d valid Workorc'pwnr*vvw ion)ww-(ance poltv in I form appfi3kci by the CalifOrms j" .0 C�L4trffis5;Orw to Ths#M*Vml reamed below for th#W�cv permod indicated. '30 7 W-0iicy Is not au' tt to wwkludkir'by tim fur4 4xow U")r mvs*whir"'W;tteo notice to 30 - W@ wj,64"tins vqu M tj#ys,.jdvjrim Agititv�))wid*a policy Docatyxilted orior to its110M at Thee Wifiewe of iawrw4c ;-. not an imoramu Oky ono does not writind,extr)d or after the wyersM&tfvt*d by the 901itios,jj0fd nergin. NotvAom-.sanding vy rP4,uiivmr with ,nt, torm, or oomistim of vv 4ontea4tor atner dorumunt r"Potl to whi& this (.vtiff'we of Owsanm may big ivwod or may ommirt, the itesvffwe offardig t)y trip palki" de�6,eibod iw j?m is 9Ub*rt to ail th*urmfi,"ck;s;ony,Ard Conditions of such qok4m. Al or. �.441A 10/86192 13 4"AMD TO W fQRA$ A PART Of THIS POLM. K&AV, Of AbblY10AL INS-UR90'.' CITY 31F RU4T1MZT*% 8041t# #ZOSS SXjjTLVV MTIFICATE MOLDERS" NOTYCE SIFE ' 93IS2192 IS ATTACAED TO J00 MRS A PART OF TIM POLICY. APPROVED AS TO FORS GAIL HUTTON CITY A By: Deputy City Attor*M V*092410U%bo CORTAICTO23 lit, 116377 OLATHE RJkvL APPLE VkLL" ZA 1,2307 L ---------- -- ------- - ---------- REQUEST FOR CITY COUNCIL ACJ N /-64 �pu Date August 17, 1992 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administr �---- Prepared by: Louis F. Sandoval, Director of Public Workat Subject: 24-INCH WATER TRANSMISSION MAIN RELOCATION; CC-804 APPROVED By CITY COUNCIL Consistent with Council Policy? [X] Yes [ ] New Policy or Exceptio - 7 19 C�i Statement of Issue, Recommendation,Analysis, Funding Source,Alternative ;TtT' Statement of Issue: On March 2, 1992, the City Council approved the revision of the contract documents for Cash Contract No. 804 and authorized staff to solicit bids for construction. Bids have been reviewed and the contract is ready to be awarded. Recommendations: 1. Approve the low bid submitted by Southern California Underground Contractors, Inc. and authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $352,590.00. 2. Authorize the Director of Public Works to expend $417,849 to cover the contract amount of $352,590, estimated construction change orders (10%) of $35,259 and anticipated incidental expenditures, including inspection services, of $30, 000. 3 . Authorize the appropriation of water reserve funds for the project. Analysis: This project involves the relocation of the City owned 24-inch water transmission main located at the Santa Ana River and Adams Avenue. This relocation is necessary due to the Army Corps of Engineers Santa Ana River Flood Improvement Project. Bids were received on November 20, 1991, and were substantially more than the estimated amount due to an addendum issued by the City on the advice of Boyle Engineering Corporation (BEC) . On March 2, 1992, the City Council authorized the revision of the contract documents modifying the project design and the preparation of revised contract documents for bidding purposes. P10 5/85 24" Water Line Relocation Project; CC-804 August 17, 1992 Page 2 Bids as summarized below, were received and opened on July 7, 1992 : Contractor Bid Amount 1 . Southern California Underground $ 352, 590 . 00 2. A.S. Peich, Inc. 392, 788.00 3. BFI Constructors 413, 660.00 4. Colich and Sons 415, 155 . 00 5. W.A. Rasic Construction 415, 536. 00 6. J.R. McKervey, Inc. 435, 144. 00 7. Majich 440, 530.00 8. Tranor and Hanson 452,840. 00 9 . Doty Brothers 460, 220 . 00 10. G.B. Cooke, Inc. 479, 102 . 00 11 . Vicco Construction 497, 355. 60 12. Bebek Company 544, 060. 00 13 . Amick Construction 545, 484. 00 14. Southern Mechanical 633, 832 . 00 The Engineer' s estimate for this project was $450, 000. 00. Staff has reviewed each bid; the Director of Public Works recommends the selection of Southern California Underground Contractors, Inc. and requests authorization to establish a project budget of $417,849.00 for the following items: 1 . Construction Contract $ 352, 590 . 00 2 . Contingencies 35, 259 . 00 3 . Incidental Expenditures 30, 000. 00 TOTAL $417,849 . 00 Funding Source: The project was budgeted as a Water Fund Capital Improvement in Fiscal Year 1991 /92, but funds were not encumbered prior to the end of the year. The funds were returned to the unappropriated water reserve and are available to be allocated to the project. 24" Water Line Relocation Project; CC-804 August 17, 1992 Page 3 Alternative Actions: 1 . Deny request and direct staff on how to proceed. This option would further delay the project and possibly involve litigation with the Army Corps of Engineers and the County of Orange. 2. Forego the project. This option will cause the loss of an existing water supply to the City of Huntington Beach. Attachments: 1 . Vicinity Map 2. Fiscal Impact Statement LFS:JRR:RU > ,SEtTl`ONA ! DISTRIL : MAP 5-6-10 _ w CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA Q04 USE OF PRmi r ttti--] o, CC O PtGARHELU _. «wtfwcto« SEAL« KA.0 p9 SA+tDF CR. f S t Q tv i_3 :i?.3' c. YAMAI WL a r o Ji 1 1 .. 1 i {I1 RFt4FlA M. ' z z 1 f14�Pw4 f.t.o.� , 1 i a t co- 1 CF-E I;SatN .'xs,.l = �r.te frto t• 1 ' —LJ , .oR«Ta« (111111111 V L f r .4 pR Z YpN17IYI plt G , vail,tt fDRGC OR. $«ANGRI ♦ IA Q . i ) TTWI 4fc RRlua: on. CF-E c0«sT17VTfp« jj X i l Isy4R« pp 2p t, f py i � z W tr sAR9 pR. . u H sm-Lm CA Hill siT CC PROJECT LOCATION AUAMS AVENUE 1 CITY OF HUNTINGT0N BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED FUNDING FOR 24-INCH 141TER TRANSMISSION MAIN RELOCATION CC-804, FIS 93-08 DATE: AUGUST 5, 1992 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $417,849 to fund the relocation of the city-owned 24-inch Water Transmission Main located at the Santa Ana River and Adams Avenue. Upon approval of the City Council , the balance of the unaudited, undesignated Water Fund would be reduced to $5,171 ,000. ROB N Deputy Cit& Administrat RJF:skd WPADSERT:1044 RECEIVED BY: v DATE: ` July 7, 1992 - 2:00 p.m. Treasurer's Office 4 ENGINEER'S ESTIMATE: 450K PROTECT ENGINIMR: Ran Upton CC# AND JOB TITLE: 24" Waterline @ Adams Avenue and Santa Ana River; CC-804 BIDDER NAMES TOTAL BID AMOUNT 1. 101 Vertical Construction 2. Ameron 3. Amick Construction j s 4. Anro Construction 5. B F I Constructors "'"• 6. Barton Cm pany 7. Bebek Company 8. California Steel Pressure Pipe 9. Coli ch and Sons --- 10. G. B. Cooke, Incorporated 7 / 0 11. B. R. Day Construction 12. Doty Brothers 41442 01 Z40 13. DruCon Services 14. Kelly Pipe 15. R and L Lewis 16. 0 R. McKervey, Incorporated Vic / �[ 17. Majich S 3 25� 18. Marden-Susco 19. A. S. Peich, Incorporated 20. Pitts Brothers 21. Mike Prlich and Sons 22. W. A. Rasic Construction 23. S C C (Steve Casada) 24. Savala Construction 25. Schultz Mechanical 26. Silveria Sales 27. Southern California Underground Construction 28. Southern Mechanical '0�.a.► 29. Taylor-Jett 30. Tcmovich and Associates 31. Traynor and Hanson .,s'.� p O-O 32. VICCO Construction •� S I BID BOND We, Q as Principal , and as Surety, jointly and sev rally, bind nurse ves our heirs, representatives, successors and assigns, as set orth herein, to the CITY OF HUNTINGTON BEACH erein called Own r) for payment of the penal sum of Dollars lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the owner,- or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner' s reasonable attorney' s fees incurred with or without suit. Executed on , 19 P NCI A (Seal if Corporation) By Title. 4esl (Attach Acknowledgment of Authorized Representative. of r"iricipa�) An claims and r this bond ay be addressed to: ✓ I� r / ame and address of Surety) (name and address of Surety's agent for service of process in California, if different from (telephone number of Surety's agent in Cali o nia) (Attach Acknowledgment) Q SURELY B (Att rney-in-F ct) NOTICE• No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 Y - Explorer Insurance Company IiOME OFFICE: SAN DIEGO,CALIFOnNIA Certified Copy of POWER OF .ATTORNEY KNOW ALL MEN BY THESE PnESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under ilia laws of the Slate of Anl7_ONA and hoving Its princtpol office In ilia City of Son Diego,Callfornlo,does hereby nornlnalo,eonstltuto and appolntl V. MARTINEZ its true and lawful Atlorneys(s)•iri•Fnct,with full power and authority hereby conferrer) in Its nettle,place and stand, to execute,sent,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations In the nature thoreol. This Power of Attorney is granted and is sinned nod sealed by fncsin,lin under arid by tiro nulirorlty of tiro Iollowing Resolution adopted by ilia Board of Directors of the EXPLOnEn INSURANCE COMPANY at a meeting duly called and hold on ilia 2211d day of JULY, 1905. which sold nesofution has not been amended or rescinded and of which ilia following is a true,full,and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys In-Fact to rrpresent and nct for and on behoif of the Company. and either ilia President or Secretary, ilia Board of Directors or Executive Committee may at silly time remove such Attorneys•Iri- Fact and revoke Ilia Power of Attorney given hire or her:and be It further "RESOLVED: That ilia At tor ey•in-fact may be given full power to execute for and In the namo of and on behalf of the Company any and all bonds and undertakings as the business of ilia Company mny require,and any such bonds or undertakings executed by any such Attorney•In- Fact shall be as Wilding upon the Compnny as If signed by the Pies;dent and scaled and attested by the Secretory," IN WITNESS WIIEnEOF, EXPLORER INSURANCE COMPANY has caused Its offirial seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 4T11 DAY OF FEBRUARY 1987 EXPLORER INSURANCE COMPANY Q r: r• SEAL �I a. % �--� President STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this4Tll DAY Or P);BRUARY I98before the subscriber,a Notnry Public of ilia Stale of California,in and for the County of San Diego, duly commissioned and qualified, carve UAVID E. RODRICKS, JR. , PRESIDENT of EXPLOREn INSURANCE COMPANY to me personally known to be the individual and officer described In and who execute.(]ilia pteceding instruient,and he ticknowledged ilia execution of lire same,and being by me duly sworn,deposelh and saith, that ho is ilia said officer of the Corporation aforesaid, and that ilia seal ollixed io the Preceding instrument 13 the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the outhor]ty arid direction of ilia said Corporation. IN WITNESS Wi-iEREOF, I have lereunto set my hand and affixed my Official Seal, at tine City of San Diego, lino day and year first above written, VVVVb ■a1VVVVVVVVV ^ CUICIAL SEAL N013MA PORTER y a c • I i tI01ARC� PUBLIC In cw nAlifOtiillA (i 0�1 in San Diefn Catr •1/r" 6 � (•//. .�/`� t'y�l�I:�✓ hit Cowaislion lip.]tn.S. 1983 Notary Public FW'L't?'.iJ'eV`.R:^LirrVlr'�'d51L'L'GVWtlL'1IW\r1 , STATE OF CALIFonNIA SS: COUNTY OF SAN DIEGO 1, ilia undersigned, JAPICS W. AUSTIN III, SECRETARY of the EXPLonEn INSURANCE COMPANY,do hereby certify that the original POWEn OF ATTOnNEY,of which tiro loregoing is a dull,live and correct copy.Is in full force and effect,and has not been revoked. , r IN WITNES WI EnEOF, I have hereunto subscribed my naine as Secretary, and affixed the Corporate Seal of the Corporation, this fr( day o EXPLORER INSURANCE COMPANY s SAL inl — Secretary BID BOND Wei Bebek Company as Principal, and indemnity Company of Cali-fornia as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of ten percent the amount bid in Dollars ($ 10 ********* ******* *) lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner,• or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. D& OF YQ 1 �apt kn »be t be} ed y h, City of Huntington Beach ^ OC-H10-150-00 C80919AC Bid Bond - 1 of 2 J Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. Executed on July 7 , 19 92 Bebek Company j PRINCIPAL (Seal if Corporation) By�1 :l Title ✓/ (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Indemnity Company of California(name and address of Surety) 17780 Fitch, Suite 200 Irvine, CA 92714 (name and address of Surety's agent for service of process in California, if different from above) 800=782-1546 (telephone number of Surety's agent in California) (Attach Acknowledgment) Indemnity Company of California SURETY By rney-in-Fact) JP HUNSINGER NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 POWER OF ATTORNEY OF y INDEMNITY COMPANY OF CALIFORNIA N2 033179 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE. CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day cf P",arch- 1993. 2, This Power of,Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable.the text is in brown ink.the signatures are in blue ink and this notice is in red ink. This Power of Attorney is for bid bonds and bid urdertakings only. -`{�! 5. This Power of Attorney should not be returned to the Attorneys)-In-Fact.but shouic remain a permanent part of?he obligee's records. J KNOW ALL MEN BY THESE PRESENTS,that, except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***JOHN D. HUNSINGER, T. L. O'LOUGHLIN, WILLIAM C. VAN ROOY, MARY BYRNE, JOINTLY OR SEVERALLY*** �true and lawful Attgmey(sl-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts o' t suretyship in an amount not exceeding Seventy-Five Thousand Dollars($75,000)in any single undertaking:giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations ful power of substitution and revocation,and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and Powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarameeS of instaiiment paper.note guarantee bonds,bonds cn financial insti?ution lease bonds.insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the fellewi�c resolutions adopted by the respective Boards of Directors of INDEMNITI COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24, 1986: RESOLVED.that the Chairman of the Board,the President and any Vice President of the corporation be.and that each of them hereby is,authorized to execute Powers of Attorney qualifying the atorney(s)named in the Powers of Attorney to execute;on behalf of the corporation.bonds.undertakings and contracts of suretyship:and that the Secretary or any Assis tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power o Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking o contract of suretyship to which it is attached. IN WITNESS WHEREOF.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec tive Presidents and attested by their respective Secretaries this list day of April.1992. yet INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By VJX l(C t` X By Dant F.Vincenti,Jr. Dante .Vincenti,Jr. per, resident of,AN resident N s uq cppVOR,�l'`-� QE,�GOPFCR� e^ l r ATTEST a CCT. r AT.T=ST f�l WAR,27, np W P J �� N11160 I ` ; 1878J // ;G% r�i%�'( y�C/fOpJ ?� /�2 '' C/1•p^h P"c By BY Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1. 1992. before me,the undersigned, a Notary Public in and for said State. personally appeared Dante F. Vincenti,Jr. and Walter Crowell, personally known to m (or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of Californi and as President and Secretary on behalf of Developers Insurance Company,the Corporations the, named.and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL ���{/�/1 / _ ' Z t TIRESATAAFUA Signature \/" Y� c�"`e__ Z "� "'NOTARY PUBLIC-CALIFORNIA Notary Public • T r PRINCIPAL OFFICE IN - ORANGE COUNTY CERTIFICATE 2 o My Commssian Exp,Aug.4,1995 The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,a nior Vice President of DEVELOPERS INSURANCE COMPANY,does heret certify that the foregoing and attached Power of Attorney remains in full force and has not be n r oked:and furthermore,that the provisions of the resolutions of the respectie Boards of Directors of said corporations set forth in the Power of Attorn e In force as of e d e o hi Certificate. This Certificate is executed in the City of Irvine,California,this_.. day of 199� INDEMNITY COMPANY OF CALIFORNIA �/EV ERS INSURANCE COMPANY �,P ANy - S�NSUR4 I`opPOR,� � - —/� R. R,�r�c, B z OCT.6, � � BV � � wAR27. � C y L.C.Fiebiger 0 1807 o L.C.Fiebiger � � 1679 v Senior Vice President z+ Folk r Senior Vice President ° &/roR*\ IBB-2 REV.3/92 BID BOND We, BFI Constructors as Principal, and United Pacific Tnsurance Company as Surety, jointly and severally, bind ourselves, our - heirs, representatives, successors and assigns, as set forth herein, to the CITY OF H=INGTON BEACH (herein called owner) for payment of the penal sum of 10% of bid Dollars ($ } , lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana* Piver If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the owner,- or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the owner, and carries all Lasurance in type and amount which confor=s to the contract documents and fuxnishes required certificates and endorsements thereof, zhen this obligation shall be nu11 and void; -otherwise it shall remain in full force and effect_ Forfeiture of this bond, or env deposit made in lieu 'thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 1 of 2 Principal :and Surety agree that if the Owner is required to engage the services of an attorney in connection with - the enforcement. of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. Executed on July 7 1992 BFI Constructors _ (Seal it Ccrr*ration) By 1�✓J /G ` 'L Don W. Schmid Title President (Attach Acknowledgment of Authorized Representative of Principa?) Any claims under this bond may be addressed to: Ifni Qd Pacific Insurance Company (name and address of Surety) 5i;r(1 Nam_Nnrt hG�QP i)�-- -� ]i te40o ti.�S�eS GA -30,32E Sedgvick James of CA, Inc. (name and address Of Surety's agent for service of process in 600 �iontomery St. California, if different from above) San Francisco, CA 94111 (415) 983 5600 (telephone nznnber of Suret.y's agent in California) (,ttaC'_i Aca�'?edeZt) ce Company (Attorney-in-Fact;) Martha Reeves NO^ CE: No substitution or revision to this bond form will be accented. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-Blo-150-00 C80919AC Bid Bond - 2 of 2 D PAJOIF I298 AI�'Y MtAO O�FICs�.RtOtItAL 11MIOr.WA>flfiNOTOl/ POWIMOFAMRKV ICIi011r ALL MEN BY TMEM PRESVCM That the UNITED PACIFIC 10111 RANCE COMPANY,a corporation duty organ ed under the two of the Iltate a Mlaehtrhgsor4 does herebtr nrwca.oorhstltvte and appont Harry G. Stewns, Jr., Ronald A. Santaniello, Marty Reef , Iesa A. Vacklett, Paige Keaton Baker, Gary D. Eklund mind &.tseitn Reed, individually, of Atlanta, Georgia Its true and lawful Attorney-In-Fact,to make.execute,seal and deliver for and on Its behalf,and as its act and deed any and all bonds and undertakings of Suretyship, and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other wrtttngs obligatory In the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officars,and hereby ratlfles and confirms all that its said Attorney(s)4n-Fact may do in pursuance hereof. The Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7.19M which provisions are now In full force and affect,reading as follows: ARTICLE V1i—EXECUTION OF BONDS AND UNDERTAKINGS I. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Compenx bonds and undertakings,recognizance*,contracts of indemnity and other writings obligatory in the nature thereof,and(b)to remove any such Attomey4r Fact at any time and revoke the power and authority given to him. 2. Attorneys 4n-Fact shell have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and un"nakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof.The corporate seat is not necessary for the validity of any bonds aril undertakings,recognmances,contracts of indemnity and other wrtlow obligatory in the nature thereof. 3. Attorneys-in-Fact Matt have power snd authority to execute affidavits required to be attached to bonds,recognizance*,contracts of indemnity of other conditkxW or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. The power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting hold on the Sth day of June,1979,at which a quorum was present,and said Resolution has not been amended or repealed: 'Resolved,that the signature of such directors and officers and the seat of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such faseknife signatures or facsimile seal *hall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shalt be valid and binding upon the Company in the future with respect to any bond a undertaking to which it Is attached." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed.this 14th day of October 19 91. rr� UNITED PPCIFIC INSURANCE CO NY sTATE of Y COUNTY OF Pennsylvania *, ,0�` vice President Philadelphia • On this 14th day of October ,19 91,personally appeared 03arles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing Instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Laws of said company and the Resolution,not forth therein,are still M full fora. My Cormrmission Expires: - tbniary 1 .19 93 • Notary Public In and for State of Pennsy Residing at Philadelphia 1, Ray L. LOrah ,Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,do hereby certify that the above and 10re9oing is a true and Ca1•act copy of a Power of Attorney executed by UNITED PACIFIC INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF.I have hereunto set my hand and affixed said Company this 7th day of July 19 92 BDU-WI Ed.un AssioUnt Secretary i BID BOND We, Colich & Sons as Principal , and Safeco Insurance Company of America as Surety, jointly and severally, bind ourselves, our heirs, .. representatives, successors '�and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of Ten Percent of the amount Bid in *** Dollars ($ 10° of Bid *** ) lawful money of the United States . Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana Rive.- If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner,• or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance,. in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes re wired certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 J C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the _ enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. Executed on June 30 19 92 Colich & Sons PRINCIPAL _ (Seal if Corporation) B��e -yam,• COLC!4 'y�� r. M. T PRESIOF_iNT - UCH BROTHERS !^!r, (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safeco Insurance Company of America (name and address of Surety) 17570 Brookhurst St. Fountain Valley, CA 92708 Lynn & Schaller Insurance Brokers, Ininame and address of Surety's agent for service of process in _ 23282 Mill Creek Rd. , Suite 212 California, if different from above) _ Laguna Hills, CA 92653 714 768-3400 (telephone number of Surety's agent in California) _ (Attach Acknowledgment) Safeco Insurance Company of America 101 SURETY By ey-in-Fact) Stanley C. Lynn i NOTICE• i No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. _ J i i s f - t City of Huntington Beach ` OC-H10-150-00 C20919AC Bid Bond - 2 of 2 ` POWER SAFECO INSURANCE COMPANY OF AMERICA ® OF ATTORNEY HOME OFFICE. PLAZA SEATTLE,WASHINGASHINGTON 98185 SAFECO No. 4578 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint -------------------STANLEY C. LYNN, Irvine, California----------------------------- its true and lawful attorneys►-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of December , 19 87 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . .On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'" I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 19 . S-1300 R5 3/86 PRINTED IN U S A s TIJL BID BOND We, G.B. COOKE, INC. as Principal, and ( RELIANCE INSURANCE COMPANY as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PER CENT OF THE AMOUNT BID IN Dollars ($ lawful ' monev of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated. by his bid, and files two bonds with the Owner,- or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful Performance, in the tirie and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal ' s failure to do any of the foregoing. City of Huntington Beach OC-H10-150--00 C80919AC Bid Bond _ 1 of 2 JUL CIG ,.D` 11:55 _.L,. COS E E. If`IC. FAX:31S-9697919 i Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enfarcement of this bond, each shall pay Owner's reasonable attoxney's fees incurred with or without suit. Executed on JULY 7TH, ,1992 G.B. COOKE,INC. PRINCIPAL (Seal if Corporation) 3y Title , (Attach ?acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: RELIANCE INSURANCE COMPANY (name and address of Surety) 505 N. BRAND BLVD. , SUITE 770 GLENOALE,CA 91203 TIPTON & COMPANY (na*ne and address of Surety's 3405 TEMPLE STREET agent for service of process in California, if different from LOS ANGELES,CA 90026 above) (213) 385-8494 (telephone number of Surety's agent in California) a (At h ch cknowledgmen( *' � tZ) RELIANCE INSURANCE COMPANY SURETY L�Atb �Vrl -F act) LEW.IS .W.''MCDOWEL i t NO ICE• No substitution or revision to this bond form will be accepted. Sureties nust be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 El,E-: I.IANCN: INSUI-tANCE~: COMPANY HEAD OFFICE,PHILADELPHIA, PENNSYLVANIA ` POWER OF ATTORNEY KNOW ALL MEN Ely rMESE PRESENr5. that 'ne RELIANCE INSURANCE COMPANY. a corporation (July organized under the 'aws of me State of P.nrsywanra. does here0y make.Constitute and 1COO-nf LEWIS W. MCDOWELL of LOS ANGELES, CALIFORNIA -------- its true and lawful Attorney-.n-Fact to matte.execute,seal and deliver for and on its behalf.and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ------ and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-taws of RELIANCE INSURANCE COMPANY which became effective September 7. 1978,which provisions are now in full force and effect reading as follows: ARTICLE Vil — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attomeys-in-Fact and to authorize them to execute on behalf of the.Company,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them.to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-taws of the Company or any article or section thereof. N� This power of attomey is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June,1979,at which a quorum was present and said Resolution has not been amended or repealed: : "Resotved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attomey or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such _ facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice Presddent,and its corporate seat to be hereto affixed,this 10 thfay of September 19 9 0 RELANCE INSURANCE COMPANY IN, vice President sTATEOF Washington COUNTY rTY OF King ss OnIfft 10th day of September,l990,pemm.1lyappeared Lawrence W. Carlstrom to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, wlMged that he executed and attested the foregoing instrvrnertt and affixed the seal of said corporation thereto,and that Article ViL 1, 2. a 3 0l the By-taws o/said Company and the Resolu- tion,set forth therein,are stiff in full force. �vE� rqG' My Commission Expires ~or�Lr wait May 15 .19 94 4 W' Notary Public In and for State of Vashingt Residing at Tacoma �T l Robert D. Ritzhaupt . Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which Is stilt In full force and Meat. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this - 7TH day of JULY 19 92 . a� Assistant Seer - ItoatsaV� l ,`6, Robert D. Rit aup - --,-- F.3/4 JUN f� "yC 1C': 14 DUTY' BR BID ci�bo4o��c BID BOND BOND NO. 562 73 72 We, DOTY BROS. EQUIPMENT CO. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called owner) for payment of the penal sum of TEN PERCENT OF THE TOTAL BID IN---------------------------------- -----------------------Dollars ($ 10% of Total Bid lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form ' prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner,• or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. BID DATE: JULY 2, 1992 City of Huntington Beach OC-HIO-150-00 C80919AC Bid Bond - 1 of 2 JUN 25 '132 12: 15 DOTY BROS. 2136646052 P.4%4 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. Executed on JUNE 25th 1992 DOTY BROS. EQUIPMENT CO. PRINCIPAL (Seal if Corporation) By Si)hn Do Title President .(A,ttach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: SAFECO INSURANCE COMPANY OF AMERICA (naive and address of Surety) 17570 BROOKHURST STREET FOUNTAIN VALLEY, CA. 92708 OWEN M. BROWN INSURANCE (name and address of Surety's 2 - agent for service of process in ORANGE, CA. 92668 California, if different from above) SURETY: 714-963-0900 (telephone number of Surety's AGENT: 714-634-1081 agent in California) (Attach Acknowledgment) SAFECO INSURANCE COMPANY OF AME,LICA SURETY 8y ,. (Attorney-in-Fact) OWEN M. BROWN No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach oc7HIO-150-00 C80919AC Bid Bond - 2 of 2 POWER SAFECO INSURANCE COMPANY OF AMERICA ® OF ATTORNEY HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 SAFECO No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ---------------------------OWEN M. BROWN, Anaheim, California---------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 11th day of May , 19 89 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. ..On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation r:= this 25th day of JUICE 1992 S-1300 R5 3/86 PRINTED IN ll S G BOND NO. : 10847-215 BID DATE: JULY 2, 1992 BID BOND We, MAJICH BROS. , INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% ) , lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner,• or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and a ' endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connect-4zn with the enforcement of this bond, each shall pay Owner' s reasonable attorney's fees incurred with or without suit. Executed on JUNE 25 , 1992 _MA.LLCH BROS., INC. PRINCIPAL T (Seal ' if Corporation) By TitleY�� t (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: c INDEMNITY COMPANY OF CALIFORNIA (name and address cf Surety) 17780 FITCH, SUITE 200 t IRVINE, CALIFORNIA 92714 a 3 SULLIVAN & CURTIS (name and address of Surety's agent for service of process in 800 W. 6TH STREET California, if diffe. ent from i above) LOS ANGELES, CALIFORNIA 90055 i (213) 624-2055 (telephone number of Surety's agent in California) (Attach Acknowledgment) INDEMNITY COMPANY OF CALIFORNIA { SURETY s By - + (Attorney-in-Fac E.E. CRISTIANO i i NOTICE• No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of t Attorney must be attached. f City of Huntington Beach OC-H10-150-00 ! C80919AC Bid Bond - 2 of 2 1 - rus area for OjTicial.`'nrarmi Seal POWER OF p.TTe'9NEY OF INDEMNITY COMPANY OF CALIFORNIA N2 113559 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***E. E. CRISTIANO, CAROL ANN ROSENBLUM, MARGARITA I. LOPEZ, FRANCES E. MAGANA, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute.deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000) in any single undertaking;giving and granting unto said Attorney(s)-In-fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds.mortgage guarantee bonds.guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds.fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney. qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the Corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1992. INDEMNITY COMP NY OF CALII iii IFORNIA DEVELOPERSINSU ANCE CO0"Sl, MPANY ByV)),IAJllBy t Dent F.Vincenti,Jr. Dent .Vincenti,Jr. President 6p�'pPOgr°� resident P'\pi 04-1 A. el elf n Q�vtGO Ike 0 i OCT S f MAR 2T, ATTEST 196T ATTEST i 16tp C/ Vwv'^ yn'('voa+\+•? Aj"�401 Dy BY Waiter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1992,before me,the undersigned, a Notary Public in and for said State, personally appeared Dante F Vincenti. Jr.and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL TIRESA TAAFUA Signature —��L ♦ -_�.. NOTARY PUBLIC-CALIFORNIA Notary Public Z?i� ? PRINCIPAL OFFICE IN ORANGE COUNTY ;�• My Comm ssion Exp.Aug.4.1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney.are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,this 25TH day of JUNE , 1992 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY o�p AMY O 9\N S Up1 r,10OR4,, O /- 4,?`ORPOR4r�O B OC1`A w BY MAR.2T, ' o Y L.C.Fiebiger d n is ' ao L.C.FiebigerA. Senior Vice President 1i��r�oR+���? Senor Vice President ° <+FORM��T� ID-310 REV.3192 BID BOND Bond no. 1557 We, G.R. McRervey, Inc. as Principal, and American Bonding Company as Surety, jointly and severally, bind ourselves, Our heirs, representatives, successors and assigns, as set forth herein, to the CrTY OF HUN'TINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID--- -- --- --- - -Do11 a rs ($ lOf- lawful money of the United States. Principal has su m tte the accompanying bid for the construction of 24-inch Water Lino Relocation Adams Avenue Bridge at Santa Ana River If the principal is awarded the contract and enters into a written contract, in the form prescribed by the owner, at the price designated by his bid, and files two bonds with the owner; or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void] -otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 C80919AC aid sand 1 of 2 Principal and Surety agree that it the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay owner's reasonable attorney's tees incurred with or wit*out suit. Executed on June 26 1,19 92 G.R. McKervey, Inc. RINCIPAL I ' (Seal if Corporation) By ,.� r Title �10E (Attach Acknowledgment of Authorized Representative of Principal) Any Claims under this bond may be addressed to: i i American Bonding Company { (naafi and address of surety) I 350 W. Colorado-Blvd., Suite 370 t s Pasadena, Ca 91105 i Lesron Surety Insurance Agency (name And address of, Surety's agent for service of process in 1440 N. Harbor Blvd., Suite 610 California, if different from Fullerton, Ca 92635 above) i f (7140 441-2722 (telephone number of surety's agent in California) (Attach Acknowledgment) American Bonding Company SURETY BY ak i Les Mantle, (Attorney- n-Fact) i 1( I Nam: No substitution or revision to this fond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-HIO-150-00 C80919AC Bid Bond 2 of 2 AMERICAN BONDING COMPANY PASADENA, CALIFORNIA A STOCK COMPANY 0427 N° 1557 POWER OF ATTORNEY AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administration office in the City of Pasadena, State of California, does hereby make, constitute and appoint LES MANTLE or KERRELEE A. FORREST of Fullerton, California as Attorney (s)-in-fact, with full power and authority hereby conferred to execute and deliver and affix the seal of the corporation thereto, if a seal is required, for and on its behalf as Surety and as its act and deed, all of the following classes of documents, to wit: any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law statue, rule regulation contract or otherwise, for any single obligation, regardless of the number of instruments issued for the obligation. This power is construed to be used for any and all bonds in an amount not to exceed Five Hundred Thousand ($500,000.00) AMERICAN BONDING COMPANY further certified that the following is a true and exact i copy of Artille VII Section 3. of the By-Laws of AMERICAN BONDING COMPANY duly adopted o and now in force, to wit: am SECTION 3. All bonds, undertakings, recognizances or other written obligations Zc of the corporation shall be executed in the name of the corporation by the �p president, any vice-president, secretary, any assistant-secretary or the mz' treasurer, or by such other persons as may from time to time be properly m0 authorized. The president, any vice-president, the secretary, any Zo assistant-secretary or the treasurer may appoint.or remove resident vice- 040 presidents, resident assistant-secretaries, attorneys in fact, agents or zn other persons who shall have authority to issue and deliver bonds, o0 undertakings, recognizances or other written obligations in the name of the o corporation. The corporate seal is not necessary for the validity of any o bonds, undertakings, or other obligations of the corporation. The signature of any authorized officer and the seal of the corporation may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, or undertaking of the corporation; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its duly authorized officer and its corporate seal affixed, this 4th day of November , 1989. A Li. STATE OF CALIFORNIA President COUNTY OF LOS ANGELES On this 4th day of November , 19 89 , before me a Notary Public, personally appeared the above-named officer of AMERICAN BONDING COMPANY, a corporation, known to me to be the person and officer who executed the above Power of Attorney on behalf of the corporation and acknowledges the corporation and acknowledges the corporation voluntarily executed the same. OFFICIAL SEAL M.S.RODRIGUE Notary PUb11C 7. NOIARV►1'RUIC-(AI.IFORNIA PRIN('IPAI.OIPICIV IN LOS ANCKIAS COUNTY My Commission Expires Nov 3,1993 CERTIFICATION I, the undersigned, certify that I am the Secretary of AMERICAN BONDING COMPANY, a Nebraska corporation, and that the attached Power of Attorney remains in full force and effect and has not been revoked; and furthermore that Article VII Section 3. of the By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 26th day of June 1992. FIUP• gq L.;; Secretary PREMIUM -NIL- ! 1.111) BOND We, A.S. -PEICH-, N as Principal, and MCA INSUR Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF' HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PERCENT OF THE AMOUNT BID, Dollars 107 lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24—t.nch Water 1,iriu ke 1,(..)ea t i on Adams Avenue Brid90 at SWIta Aria River If the Principal is awarded tho Contract and enters into a written contract, in the form pro.-:scribed by the owner, at the price designated by his bid, and files two bonds with the Owner,- or substitute security in lie" thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes reqvired certificates and endorsements thereoff, then this obligation shall be null and void; otherwise it shall remain in full, force and effect. Forfeiture of this bond, or tiny deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-HIO-150-00 C80919AC Bid Bond 1 of 2 - Principal and Surety agree thw: it the owner ir, required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Ownorls reasonable attorney's fees :incurrod frith or without. :..uit. 1,,xertite d ov JULY 6 ,1992 A.S. PEICH, INC. PRINCIPAL G(Seal if Corporation) '�:- � QD _ „.,, . ��•••• 4 (Attach Acknowledgment of ;%uthc,riz•:d R eprt.! cntative of Principal) Any Claims under this bont:41 :a:1y h•., .i,i{9rosce d =o: 1 . MCA INSURANCE COMPANY 1-iii-ma an(-i c t1JL•Qt::; n1 uz'ety) 1 y 484 CENTRAL AVENUE NEWARK, NEW JERSEY 07107 FRIIS & COMPANY, INC. .nz:ne 4n(7 address of Surety's agent for :service of pr.oc_ass in 1746 SPRUCE STREET ;,,lifornia, if different from � •�bnvc�) ' RIVERSIDE, CALIFORNIA 92507 (714) 787-8730 (tu l eptione number or Surety 's ..gent in California) f (Attach Acknowledgment% MCA INSURANCE COMPANY j SURETY (Attorney- A-Pact-) ELKE H. HAGEN f • 1 1!�OTIGE No substitution or revision to this bond form rm wi l ). be accepted. Sureties must be. authorized to do business in and have an agent for service of procans in C:elifo:-ni.a. Certified copy of: Power of Attorney must be attached. City of Huntington Bead. OC-H10-150-00 C8091.9AC ft.i d nonc! - of 2 MCA Insurance Company POWER OF ATTORNEY 484 Central Avenue No. 04B400 Newark, NJ 07107 KNOW ALL MEN BY THESE PRESENTS that MCA Insurance Company, an Oklahoma corporation authorized to engage in business as a surety, does hereby appoint W i 11 i am R. F r i i s, Ma rk E. Shreckengast and Elke H. Hagen of Riverside, California its true and lawful Attorney(s)-in-Fact, to execute on its behalf any and all bonds and undertakings not in excess of Two Million Five Hundred Thousand Dollars ($2,500,000) and consents for the release of retained percentages and/or final estimates and to bind the Company thereby. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of a Resolution adopted by the Board of Directors of MCA Insurance Company at a meeting called and held on the 13th day of July, 1987,of which the following is a true transcript: "RESOLVED, that the Chairman of the Board, the President, any Executive Vice President or Senior Vice President or Vice President-Surety be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings,recogntzances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert to such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." IN WITNESS WHEREOF MCA Insurance Company has caused these presents to be signed by one of its officers,and its corporate seal to be hereunto affixed this 19th day of May, 19 92. MCA INSURANCE COMPANY J�:i'in f n ' `SEAI. •o �; b y Soren N.S.Laursen,Vice President-Surety State of New Jersey: "� *? County of Bergen: On this 19th day of May , 19 92,before me came Soren N.S.Laursen,to me personally known,and,being by me duly sworn, said that he is Vice President -Surety of MCA Insurance Company; that the seal affixed to said instrument is the corporate seal of said corporation; that the corporate seal and his signature were duly affixed by order of the Board of Directors of said corporation. ��4�QP " p�3dp� Eva Friedman,Notary Public of New Jersey My Commission expires Sept.25, 1994 CERTIFICATE I, Doris Greeley, Secretary of MCA Insurance Company, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct,and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand affixed the facsimile seal of the corporation this 6TH day of juLy , 19 92 . P►H�f �1-'.a-� B22 6/90 y�o`••"�;�o Secretary �: lets ra BOND #20540-169 PREMIUM: INCLUDED IN BID BOND SERVICE • DID BOND S,le� W.A. RASIC CONSTRUCTION CO. , INC. as prinoipal, and INDEMNITY COMPANY OF CALIFORNIA as surety, jointly And severally, bind ourselves, our heirs, representatives, aucceasors and assigns, as set forth herein, to the CITY OF HUNTINCTON BEACH (herein called Owner) for payment of the penal gum of TEN PERCENT TOTAL AMOUNT BID NOT TO EXCEED SIXTY THOUSAND & N0/100********* ************************* Dollars ($ 60 , 000 . 00 ) lawful money of the un tad Status. Principal has submitted the accompanying bid for the construction of 24-inch Water Lino Relocation Adama Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form proscribed by the Owner, at the price designated by his bid, and files two bonds with the Owner; or substitute security in lieu thereof, ona to quarantee payment for labor and materials and the other to guarantea faithful performance, in the time and manner specified by tha Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates . and ondorsomenta thereof, then this obligation shall be null . and void? otherwise it shall remain in full force and affect. rorfeiture of this bond, or any doposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to Cover losses sustained ae a result of the Principal ' s failuxo to do any of the foregoing. city of Huntington Beach OC-NIO-1150-00 COC"lQ]�C Bid Bond 1 of 2 Principal and Surety agree that if the Owner is required tk engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's tees incurred with or without suit. Ex*cutod on July 6, ,1992 W.A. RASIC CONSTRUCTION CO. , INC. PRINCIPAL (Seal it corporation) BY Title VL4 (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed tot INDEMNITY COMPANY OF CALIFORNIA (name and address of Surety) 17780 FITCH #200 L VINE- CA- 2 2 71_4_ BOOTH & SIMPSON (name and address of Surety's agent for sorvics of process in 10850 Riverside -Dr. 2ND Floor California, it different from _dcrth Hollywood, CA 91602 above) (818) 769-4520 (telephone number of Surety' s agent in California) (Attach Acknowledgment) INDEMNITY COMPANY OF CALIFORNIA JIUARTY By (Attorney• n- ao E.E. Cristiano No substitution or revision to this bond form will be 4aeepted. I Sureties must be authorized to do business in and .have an :agront J for servico of process in California. certified copy of power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C00919AC Bid Bond - 2 of 2 POWER OF ATTORNEY OF • INDEMNITY COMPANY OF CALIFORNIA N2 113524 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable.the text is in brown ink.the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact.but should remain a permanent part of the oblioee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make.constitute and appoint ***E. E CRISTIANO, CAROL ANN ROSENBLUM, MARGARITA I. LOPEZ, FRANCES E. MAGANA, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute.deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500.000)in any single undertaking:giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds.guarantees of installment paper.note guarantee bonds,bonds on financial institutions.lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is.authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation bonds.undertakings and contracts of suretyship:and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER.that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1992. INDEMNITY COMP NY OF CAL��IF))ORNIA DEVELOPERS INS ANCE COMPANY By Val u�Lct,CC r , By Dant F.Vincenti,Jr. Dant .Vincenti,Jr. President Bpi�%PON resident PO�r C� ti ATTEST OCT.S o w ATTEST MAR 27,f0 0 0 1967 ao n IBTg y By 'FOIL 1v��� By /FOR,,, Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1992, before me,the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr.and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. 9 OFFICIAL SEAL TIRESA TAAFUA Signature .^' NOTARY PUBLIC-CALIFORNIA Notary Public' PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.4,1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 6 TH day of July .199 2 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY a pAMyQ 9t"P uA1 B cL% i O`0 POR,1lf g `pp OR,�r1G V�_/��'/J_ 3 0� jJ���'/J o s e^'� i OCT IN - MAR.27, 0 0 y L.C.Fiebiger d �* 1967 a y L.C.Fiebiger ISTY Senior Vice PresidentrFOIL +�? Senior Vice President /FORM'*? ID-310 REV.3/92 ----- _ ----------- P.3 JULJU 02 '92 14:S 1 P?L SEWEPS I I U=. ' BID BOND We, 1& L SEWERS, INC. as principal, • and _INSURANCE COMPANY OF THE WEST as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the 4 CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID----------------------- ---------------------------------------------------------- Dollars ($ 10% OF BID---------------- ) , lawful money of the . United States. Principal has submitted thek. accompanying bid for the construction of 24-inch water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the ' price designated by his bid, and files two bonds with the owner,- or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and ' endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the owner from seeking all other remedies provided by law to cover lasses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-HIO-150-00 C80919AC Bid Bond - 1 of 2 J� n4 '?� 1 1 << F':a_ SEI►E_F" II h:. P..t f Principal and Surety Agree that if the Uwner is to(pired 1-n engage the services of An attornAy in connection with t-hot enforcement of this bond, each (shall pay owner's rAn�:cinahlo attorney's fees incurred with or without suit. Executed on 11TI.v 9 , 199 R & L S INC. _ FIR T NCI FAM (Seal if corporation) (Attach Acknowledgment of Authorized Reprenentat:ive or Principnl) Any claims under this bond may be addressed to: INSURANCE COMPANY OF THE WEST (name and address of ^tirFty) 111 E. KATELLA, SUITE 250 ORANGE, CA 92667 _ STnNr/ntlrr.LEY--I1dSIIR.ANCF SRRVTrFS.__ (name and addret r, of Stirnty 's agent for service of proeesa in 16253 LAGUNA CANYON R_D, #130 California, if different- from above) IRVINE, CA 92718 (telephone numhar of Ft)rntylx agent in California) (Attach Acknowledgment) INSAV OF THE WEST SURPTY Att- - - _tt-FtiC_t).— i MICHAI QUIGLEY NOTICE: No substitution or revision to this bond form will be acceptej. Sureties must be authorized to do business in and hmvA an mgont for service of process in cali.fornia. Certified copy of rower of Attorney must be attached. City of Huntington Beach OC--HIO-150-00 C80919AC Bid 11,?nd - 2 (if 2 INSURANCE COMPANY OF THE WEST' HOME OFFICE: SAN DIEGO, CALIFORNIA • Certified Copy of POWER OF ATTORNEY KrtOW ALL MFN DY T11ESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a Corporation duly outhorizod and existing under the lows of the State of California and having its principal office+ in the City of San Diego, California, does hereby nominate. constitute and appoint: Michael A. Quigley Its t►•ire and lawful Attornoy(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This rower of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF 111E WEST at a meeting duly colloid and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attornays-in- Fact to represent and act for and on behalf of the Company, and either the President or Secrotary. the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOjVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of tha Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as bindinV upon the Company as if signed by the President and sealed and attested by the Secretary. IN WITNESS W11£REOF, INSURANCE COMTANY OF THE WEST has caused its official tool to be here- unto affixed and these presents to be signed by its duly authorized officers this 3cd dry of August, 1988 Lr MtAiy INSURANCE COMPANY OF THE WEST �O STATE OF CALIFORNIA SS. NO res ant �M COUNTY OF SAN DIEGO Oil this 3rd day of August, 1988 before the subscriber, a Notary Public of the State of California, in and Tor the County of Son Diego, duly commissioned and qualified, come BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and fie acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that tie is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the sold instrument by the authority and direction of the said Corporation. IN WITNESS W11ERE0'.', I have hereunto set my hand and affixed my Official Seal, at the City of rat above written. eifrc+�l six NORMA PORTER WARY Puettc-CAurof"A PRir-irAL orrict IN SNe Do[GO rouNTY My CHmmr►SMn two lanwfy S. I Notary Public- STATE Or CALIFORNIA ; COUNTY OF SAN DIEGO I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF T11E WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Cor-porote Seal of the Corporation, this 2ND day of Jny 19 92 aid o , nacdir__�;lr'W CAL37(REV. 5/n7) ' c"� �� ��lilpAN'•? AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BID BOND BOND NUMBER: 012000267 POA0150551 PREMIUM: INCLUDED IN BBSU BID DATE: 7/7/92 KNOW ALL MEN BY THESE PRESENTS,That we, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS. INC. (hereinafter called the Principal),as Principal, and AMWEST SURETYINSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALFORNIA (hereinafter called the Surety),as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee)in the penal sum of TEN percent( 10 %)not to exceed **SIXTY THOUSAND AND N0/100** Dollars($ 60,000 ) **TOTAL CONTRACT PRICE NOT TO EXCEED $600,000** for the payment of which the Principal and the Surety bind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for 24" WATER LINE RELOCATION, ADAMS AVENUE BRIDGE AT THE SANTA ANA RIVER CC-804 NOW,THEREFORE,if the said contract be awarded to the Principal and the Principal shall,within such time as may be specified, enter into the contract in writing, and give bond,with surety acceptable to the Obligee for the faithful per- formance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be void;otherwise remain in full force and effect. SIGNED, SEALED AND DATED THIS 1ST day of JULY ,t SOUTH CALIFCRNIA UNDERGROUND CONTRACTORS, INC IAL By: AM S RETY S E COMPANY By. ��— JAMES A. IS ATTORNEY-IN-FACT (Revised 7/86) r 0 ® D ®®® BOND NUMBER POWER NUMBER NOT VALID FOR BONDS —77 EXECUTED ON OR AFTE 012000267 _ - 10-26-92 --a�F,; .gin..-- w,� �.-'-..�•.�„ ,nn ��� k �.. ............•,r............: 3'jF'#2N faAf ZF213 - ......» .. »• ".,,._w PENAL SUM `...-�� ,...� .- F S60,000 . OBLIGEE _- -__..-...._,...7- CITY-- This document is printed on multi-colored security paper writh black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Pc-,ver of Attorney is valid solely in connection with the c%czu—ion and delivery of the bond noted above and may,not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney I used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,a California 9 corporation (the "Company"), does hereby make, constitute and appoint: JAMES A. HARRIS AS AN EMPLOYEE OF HARRIS INSURANCE SVCS OF LAS VEGAS, NV its true and lawful Attorney-in-Fact,with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $--MT*200,000 .00 Contract (Performance & Payment) , Court, Subdivision $*':YY250,000.0 License & Permit Bonds up to $*MM**25,000. 00 and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the ®®® Company, which are now in full force and effect. ®®®® CERTIFICATE ®�®® ® I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, ®®®91 DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked ®®®®N IRENE and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant ®ERNE .,_ __., provisions of the By-Laws of the Company, are now in full force and effect. @NBC' ONE z= _ - ®MERE 'Y LAS VEGAS, NV. 1ST DULY 92 ®MERC Signed and sealed at this day of 19 MRERC ®MRRR NUEN 0000150551 - 77 909910DE R®ERL ��•• : pp p Karen G. Cohen, Secretary" H N 0 3 2 ®MEnI E99199 R�Gf'R��®®®®R®RM®R®®®®®®®® BID BOND Wei SOUTHERN MECHANICAL, INC. _ _ as principal, and FIDELITY AND GUARANTY INSURANCE COMPANY as surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called owner) for payment of the penal suet of Ten Percent Of The Amount Bid In------------------------------------------------------- Dollars ($ 10%------------------------7 , lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid and files two bonds with the owner,- or- substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void: otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. J City of Huntington Beach oC--H10--150-00 C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. .� Executed on Julv 1st 1992 SOUTHERN MECHANICAL, INC. �i PRINCIPAL (Seal if Corporation) By S.J. Mandich Title Vice-President (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: i FIDELITY AND GUARANTY INSURANCE COMPANY (name and address of Surety) 2600 E. Nutwood Avenue Fullerton, CA. 92634 Paine-Ebright Company (name and address of Surety's L agent for service of process in 5150 E. Pacific Coast Highway, #430 California, if different from above) Long Beach, CA. 90804 (310) 494-4802 (telephone number of Surety's agent in California) (Attach Acknowledgment) FIDELITY AN UAWTY INSURANCE COMP�Vfi' SRFTY By /ZW/W - - (Attorney- n-Fact) Drew Ebright, NJ,QiI i m No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 , t rCERTIFIED COPY FGIC GENERAL POWER OF ATTORNEY NO. FGIC 1053 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa, and having its principal office at 100 Light Street, Baltimore, Maryland 21202, does hereby constitute and appoint Arthur M. &bright, Drew Ebright and Mark Ebright of the City of Long Beach . State of California its true and lawful AttomeyEin-Fact, with power and authority to sign its name as surety to,and to execute,seal,acknowledge atJ deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE COMPANY hereby ratifies and confirms all of the acts of said Attorneysn- fac►,'purs'Dan: to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN W I:MESS WHEREOF,the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument tc be sealed with its corporate seal, duly attested by the signature of its Assistant Vice-President and Assistant Secretary, this 20th day of May , 1988 FIDELITY AND GUARANTY INSURANCE COMPANY (Signed) By........W. J. D. Sanerville, Jr. Assistant Vice-President. (SEAL) (Signed) ........Michael P. H.....ond...................... Assistant Secretary. STATE OF MARYLAND BALTIMORE CITY ss: On this 20th day of May 1988 , before.me personally came W. J. D. Sotrterville, Jr. Assistant Vice President of FIDELITY AND GUARANTY INSURANCE COMPANY and Michael P. Hamrond , Assistant Secretary of said Corporation, with both of whom 1 am personally acquainted, who being_by me severally sworn, said that they, the said W. J. D. Semerville, Jr. , and Michael P. Fe itnond were respectively the Assistant Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSUR- ANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by-laws of said corporation; and that they signed their names hereto like authority as Assistant Vice President and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 1990 (SEAL) (Signed) ......Margaret M. Hurst ............................ NOTARY PUBLIC FS 93(2-88)(HO) Bond No. NB-122282 BID OR PROPOSAL BOND KNOW ALL MEN BYTHESE PRESENTS,thatwe Traynor&Hansen Corporation as PRINCIPAL,(hereinafter called the Principal),and National American Insurance Company,a corporation duly organized under the laws of Oklahoma and authorized to transact a general surety business in the State of California, as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however,in excess of Fiftythousand and no/100dollars,($50,000.00),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS Of THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to-wit: 24 Water Line Relocation - Adams Ave. Bridge at Santa Ana River CC-804 - Huntington Beach CA NOW THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereunto,as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been make within thirty(30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six(6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 26th day of June, 1992. BYiDenrs Principal BY XH. Moore, Attorney-in-Fact National American Insurance Company Page 1 of 2 NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL Traynor & Hansen Corporation EFFECTIVE DATE 06/26/92 15121 Graham Suite 104 Huntington Beach, CA 92649 (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) CONTRACTAMOUNT AMOUNTOFBOND$ 50,000 . 00 POWER NO. NB 122282 KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance Company,a corporation duly organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that airy officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved,that the signature of any officer F nd the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company do--s hereby make,constitute and appoint Denn i � H_ Mnnrtz State of Texas its true and lawful atomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY \C,,N INSpq = SEAL ; W.Brent LaGere,Chairman&Chief Executive Officer o �e N OMAMA EagASK' STATE OF OKLAHOMA ) SS: COUNTY OF LINCOLN ) On this 8th day of July,A.D.1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of said cor- poration;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. o �HpA It, , o� IOTA `Fq Notary Public PUBLIC My Commission Expires August 30, 19% .A FoA srATI or fr G,rtAMQ,�r4� NCot N co" STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: 1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the2 6 t h day of June ,1992 P\CpN INSuq' �`� • !�'/vr, it 1.�i���✓ Poi `�PPOq�rf 'tiC Winifred E.Mendenhall,Assistant Secretary o �e N B(1)0589 'VONA"w. age 2 of 2 RECEIVED BY: DATE: July 7, 1992 - 2.00 p.m. Treasurer's Office ENGINEER'S ESTIMATE: 450K PROTECT ENGINEER: Fon Upton CC# AND JOB TITLE: 24" Waterline @ Adams Avenue and Santa Ana River; CC-804 BIDDER NAMES '1= BID AMOUNT 1. 101 Vertical Construction 2. Ameron 3. Amick Construction se- eo 4. Anro Construction 5. B F.I Constructors 6. Barton Om parry 00 7. Bebek Company � 8. California Steel Pressure Pipe 9. Colich and Sons - 10. G. B. ODoke, Incorporated 7 / 11. B. R. Day Construction 12. Doty Brothers 13. DruCon Services 14. Kelly Pipe 15. R and L Lewis 16. 0. R. McKervey, Incorporated S / 54 17. Ma'ich S 3 18. Marden-Susco 19. A. S. Peich, Incorporated o O 20. Pitts Brothers 21. Mike Prlich and Sons 22. W. A. Rasic Construction 23. S C C (Steve Casada) 24. Savala Construction 25. Schultz Mechanical 26. Silveria Sales 27. Southern California Underground Construction 28. Southern Mechanical e,2, oz �..� 29. Taylor-Jett 30. Tanovich and Associates 31. Traynor and Hanson r �d 32. VICCO Construction ° 3S RECEIVED CITY CLERK CITY OF HUNTINCT0,14 ,,-AM CALIF, JUL 7 2 oo PM T ZGg NJ TOZ L lnf '.411V-3'HJV,3-�', SUISNUNU is "13 NV313 A113 Q-jAf3331i PUBIr,10TICES I RUM NOTICES I PUBLIC NOTICES I PUBLIC NOTICES NOTICE INVITING SEALED BIDS CC-804 _. Notice is hereby given that the City Council of the city of Huntington Beach, California will re- ceive sealed bids for the 24-Inch Water Line Relocation - Adams Avenue Bridge at Santa Ana River In the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file In the office of the Director of Public Works. Documents will be available on June 22, 1992. A charge of $25.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1. Mobilizations LS 2. 24-Inch cement-mortar lined and coated steel pipe 398 LF 3. 24-inch cement mortar lined and epoxy coated steel pipe, Including fittings and supports 536 LF 4. Butterfly valves 1 ea. 5., Connection to existing 24-Inch pipes 2 ea. 6. Vehicular traffic control LS 7. Install manway 2 ea. 8. Air and vacuum release assembly per Std. Plan 611 1 ea. In accordance with the provisions of Section 1773 of the Labor Code, the State of California,' Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city) of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Di-1 rector of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Pubiicl Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The full foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to Increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any moneys withheld by the City to Insure performance shall be, permitted In accordance with provisions of the California Government Code, Section 4590. No bid will be accepted from a contractor who is not licensed in accordance with the law, under the provisions of Chapter 791, Statutes of 1929, as amended or Chapter 17, Statutes of 1939, as amended, or to whom a proposal form has not been issued by the city of Huntington Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center,.Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of July 7, 1992, and shall be opened; by a committee composed of the City Clerk, the City Attorney and Director of Public Works orl their authorized representative and the results of said bidding will be reported tot he City Councill of said City of Huntington Beach at their regular meeting to be held on Monday, July 20, 1992, at the hour of 7:00 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of July 20, 1992. The city of Huntington Beach, California reserves the right to reject any or all bids, and to ac- cept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the city of Huntington Beach, California this October 7, 1991. ATTEST: Connie Brockway City Clerk Published Huntington Beach Independent 6/25, 7/2 STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal cleric of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of Caiifamia.and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: June 25, 1992 July 2, 1992 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 2 , 199 2 at Costa Mesa, Cafifomia. Signature PROOF OF PUBLICATION CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 24" WATER LINE RELOCATION ADAMS AVENUE BRIDGE AT THE SANTA ANA RIVER CC-804 ADDENDUM NUMBER ONE June 24, 1992 NOTICE TO ALL BIDDERS: Revise "Notice Inviting Sealed Bids", Page 2, Bid Opening to 2:00 PM, July 7, 1992. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:ERC:gd This is to acknowledge receipt and review of Addendum Number One, dated June 24, 1992. It is understood that this revision shall be included with the Bid Document. Company By Date 3268g/15 -pub ii � k NOTICE INVITING SEALED BIDS CC- 804 - Notice is hereby given that the City Council of the city of Huntington Beach, California will receive sealed bids for the -- 24-Inch Water Line Relocation ., Adams Avenue Bridge at Santa Ana River in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on June 22, 1992 A charge of $ 25.00 , not refundable, will be required for each set of specif,- cations and accompanying drawings . DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1 . Mobilization LS 2. 24-inch cement mortar lined and coated steel pipe 398 LF 3. 24-inch cement mortar lined and epoxy coated steel pipe, including fittings and supports 536 LF 4. Butterfly valves 1 ea. 5. Connection to existing 24-inch pipe 2 ea. 6. Vehicular traffic control LS 7. Install manway 2 ea. -- 8. Air and vacuum release assembly per Std. Plan 611 1 ea. In accordance with the provisions of Section 1773 of the Labor Code, the State of California , Director of the Department of industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall , Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements , setforth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will corres- pond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the -quantities of work to be done. Substitution of securities for any moneys withheld by the City to the to insure performance shall be permitted in accordance with provisions of the California Government Code , Section 4S90. No bid will be accepted from a contractor who is not licensed in accord- ance with the law, under the provisions of Chapter 791, Statutes of 1929 , as amended or Chapter 17 , Statutes of 1939 , as amended, or to whom a proposal form has not been issued by the city of Huntington Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2 :00 P .M. of July 7 19 92, and shall be opened by a committee composed of the City Clerk, tiF e C'ity Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said city of Huntington Beach at their regular meeting to be held on Monday, the July 20, 1992, at the hour of 7 : 00 P.M. in the City Council Chambers in th, C�vic Center of said city of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of July 20, 19 92. The city of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the city of Huntington Beach, California this October 7 19 9T ATTEST: - Connie Brockway _ City Clerk NOTICE INVITING SEALED BIDS CC— 804 Notice is hereby given that the City Council of the city of Huntington Beach, California will receive sealed bids for the ` 24-Inch Water Line Relocation Adams Avenue Bridge at Santa Ana River in the city of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on .tune 22, 1992 A charge of $ 25.00 , not refundable, will be required for each set of Specifi- cations and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1 . Mobilization LS 2. 24-inch cement mortar lined and coated steel pipe 398 LF 3. 24-inch cement mortar lined and epoxy coated steel pipe, -" including fittings and supports 536 LF 4. Butterfly valves 1 ea. 5. Connection to existing 24-inch pipe 2 ea. ` 6. Vehicular traffic control LS 7. Install manway 2 ea. I.__.. 8. Air and vacuum release assembly per Std. Plan 611 1 ea. IIn accordance with the provisions of Section 1773 of the Labor Code, - the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work I - � to be done; copies of the latest general wage rate determinations are on i file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained —'-' at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, setforth in the specifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not _ express or by implications agree that the actual amount of work will corres- pond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. 1 All bids will be compared on the basis of the Director of Public Work$ estimate of the -quantities of work to be done. Substitution of securities for any moneys withheld by the City to t to insure performance shall be permitted in accordance with provisions of th California Government Code , Section 4S90 . :f No bid will be accepted from a contractor who is not licensed in accj ance with the law, under the provisions of Chapter 791,- Statutes of 1929 , as amended or Chapter 17 , Statutes of 1939 , as amended, or to whom a proposal form has not been issued by the city of Huntington Beach. : r Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2 :00 P .M. of . Jul a, 19 92, and shall be opened by a committee composed of the City Clerk, t e City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said city of Huntington Beach at their regular meeting to be held on Monday, the July 20, 1992, at the hour of 7 : 00 P.M. in the City Council Chambers in" Civic Center of said city of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of July 20, , 1992. The city of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the city of Huntington Beach, California this mm-eehtj2' 19 Sit q ATTEST: 1 Connie Brockway _ City Clerk y a REQUEST FOR CITY COUNCIL ACTION Date October 7, 1991 Submitted to: APPROVED BY CITY COUNGIL Honorable Mayor and City Council Submitted by: �� ,C O - '7 19_9- Michael T. Uberuaga, City Administrato tIL Prepared by: Louis F. Sandoval, Director of Public Works R CITY CLERK Subject: 24-INCH WATER TRANSMISSION MAIN RELOCATION AT ADAMS NUE AND THE SANTA ANA RIVER; CC-804 Consistent with Council Policy? [7C] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,'Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Plans and Specifications have been completed for relocation of the 24-inch Water Transmission Main at Adams Avenue and the Santa Ana River. RECOMMENDATION- 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for construction. 2. Approve-the attached sample contract subject to award of contract to Council approved lowest responsible bidder. ANALYSIS: This project involves the relocation of the City owned 24-inch water transmission main located at the Santa Ana River and Adams Avenue. This relocation is due to the Army Corps of Engineers Santa Ana River Flood Improvement project. Staff has reviewed and approved the final contract documents; therefore, the Director of Public Works recommends that Council approve the plans and specifications and authorize staff to solicit construction bids. FUNDING SOURCE: Revenues are budgeted for this project in 91/92 Water Division Capital Outlay Account E-EW-PC-804-6-29-00. ALTERNATIVE ACTION: 1. Deny request and direct staff on how to proceed. This option would delay the project. 2. Forgo the project. This option will have an adverse impact on the Army Corps of = Engineers Santa Ana River Project and could involve litigation with County of Orange. ATTACHMENTS: 1. Location Map 2. Sample Construction Contract MTU:LFS:ERC:dw 3048g/10 r P, ! DISTRICT MAP 5-6-1 0 K♦lf � .1♦• W OrCITY OF UNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP CC 804 q cr a . f GARFIELD /rwr/Nor/xf suel/ IIAw A, t W s � f W-KERM CALL.ENSCN SIICVr^'Lti YWN yr lull 1111-11111111 4 w t �LTT o I =I III I Hill WIIIU LIII ' _ 2lu"A TillS stMft M _ 3 CF-E 1 li AVp :tt+v.Ys.l S = V ssf tiN is v j iNMSTN♦s ♦ � � C ! 1ORIITOwN ' AV(. T CCf�f 1T T� R • s = VALI [ 011. SNAN 1 W I � 3 ' 11MY CF-E •t FglJtH* K � 1 _bj, ,-uvrvLiLu w. r< e r _ PROJECT LOCATION i ADAMS AVENUE I; • REQUEST FOR CITY COUNCIL ACTION Date March 2, 1992 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Louis F. Sandoval, Director of Public Work C Subject: 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River; CC-804 Consultant Agreement - Amendment No. 1 Consistent with Council Policy? (X) Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Al e� Statement of Issue: ate, On December 16, 1991, the City Council direc e s e with Boyle Engineering Corporation to modify the contract documents for Cash Contract No. 804 in an amount not to exceed $5, 000. This has now been accomplished and the agreement must be approved by the Council in order to proceed. Recommendation: Authorize the Mayor and City Clerk to execute the attached Amendment No. 1 to Consultant Contract with Boyle Engineering Corporation. Analysis: In December, 1990, the City Council entered into an agreement with Boyle Engineering Corporation (BEC) to design a pipeline relocation for the City's twenty-four inch water transmission main crossing the Santa Ana River in Adams Avenue. This pipeline must be relocated from the bed of the river to the interior of the Adams Avenue Bridge structure because of the work being done to the river channel by the U.S. Army Corps of Engineers. BEC's contract price for this work was $51,399.00. BEC completed this work and on October 7, 1991, the City Council authorized a call for bids for the project. The estimated cost was $400, 000.00. Bids were received on November 20, 1991, and were substantially more than the estimated amount due to an addendum issued by the City on the advice of BEC. The addendum required a change in the pipe wall thickness which increased the cost of the pipe required to complete this project. Consequently, on December 16, 1991, City Council rejected all bids and directed staff to negotiate with BEC to modify the design to reduce the overall construction cost of the project. Briefly stated, the additional work involves the following: P10 5/85 RCA - Adams Avenue Bridge: CC-804 - continued March 2, 1992 Page two o Revise the contract documents to reflect the use of carbon steel pipe in lieu of stainless steel pipe as originally specified. o Modify the project design to change the design pressure from 150 psi to 200 psi. o Prepare the revised contract document package for bidding and provide forty full size sets to the City for bidding purposes. The negotiations have now been completed. The City Council is requested to authorize the additional work, authorize a $5, 000 increase in cost, and execute corresponding Amendment No. 1 to the original contract. Funding source: Fiscal Year 1991-92 Water Fund Capital Improvement Project Account E-EW-PC-804-6-29-00. Alternative Actions: 1. Do not approve the amendment and forego the project. This option will have an adverse impact on the Army Corps of Engineers Santa Ana River Project and could involve litigation with the Army Corps of Engineers and the County of Orange. 2 . Do not approve the amendment and direct staff on how to proceed. This option will delay the project and possibly involve litigation with the Army Corps of Engineers and the County of Orange. Attachments: 1. Amendment No. 1 2. Location map. LFS:JRR:RU:bb -LANNIMo S5C'T`-OVAL DISTRIC. . MAP 5-6-10 CITY OF i IUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP CC 804 T(Y P r r GARFIELD } M(MT(KttM SEA" K.� 541.03 00. UP S t s N:l» 1-• Zv!.m N IC::'a Svl.^.i.Ti^rfA = t nr o M ; I k1i I I I I I I I I I I I ED ! i t 3Mt.rK. 3(M.t b ! ceea (. t ! CF-E i .�7 V.•itr.l [. t 7aKTc. J „z. F .♦ DK .0.1700 1 t � L 7 IWIGE Dtuji KMGtI ♦ Dt 1 f I i CF-E J F ...ioirw:::... OKr ' • PROJECT LOCATION CD $: r .�.sica'�xe�•.i. / i �, J, aDaK+S AVENUE /.1•� NOTICE INVITING SEALED BIDS CC•804 Notice is hereby given that the City Council of the city of Huntington Beach, California will re- ceive sealed bids for the 24-Inch Water Line Relocation - Adams Avenue Bridge at Santa Ana River in the city of Huntington Beach, California In accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on June 22, 1992. A charge of $25.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1. Mobilizations LS 2. 244nch cement mortar lined and coated steel pipe 398 LF 3. 241nch cement mortar lined and epoxy coated steel pipe, Including fittings and supports 536 LF 4. Butterfly valves 1 ea. 5. Connection to existing 24-inch pipes 2 ea. 6. Vehicular traffic control LS 7. Install manway 2 ea. 8. Air and vacuum release assembly per Std. Plan 611 1 ea. In accordance with the provisions of Section 1773 of the Labor Code, the State of Calffomia, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the city of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Di- rector of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it Is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications,for full_directions as to the bidding. The full foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any moneys withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. No bid will be accepted from a contractor who is not licensed in accordance with the law, under the provisions of Chapter 791, Statutes of 1929, as amended or Chapter 17, Statutes of 1939, as amended, or to whom a proposal form has not been Issued by the city of Huntington _ Beach. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of July 7, 1992, and shall be opened by a committee composed of the City Clerk, the City Attorney and ,Director of Public Works or their authorized representative and the results of said bidding will be reported tot he City Council of said City of Huntington Beach at their regular meeting to be held on Monday, July 20, 1992, at the hour of 7:00 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of July 20, 1992. The city of Huntington Beach, California reserves the right to reject any or all bids, and to ac- cept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the city of Huntington Beach, California this October 7, 1992. ATTEST: Connie Brockway City Clerk Published Huntington Beach Independent 6/25, 7/2 I l-4L r t v REQUEST FOR CITY COUNCIL ACTION v 9 Date December 16 , 1991 Submitted to: Honorable Mayor and City Council ,� Submitted by: Michael T. Uberuaga, City AdministraZo — Prepared ��(by: (Louis F. Sandoval, Director of Public Works Subject: Bid Results for the 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River; CC-804 APPROVED By CITY COUNCIL Consistent with Council Policy? X) Yes ( ] New Policy or Exceptio Z L _ _19.� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative ctions,Attachments: LLRK Statement of Issue: The construction bids received for the 24-inch Water Line Relocation within the Adams Avenue Bridge at the Santa Ana River exceeded the budgeted construction costs by over 40%. Recommendations: 1 . Reject all bids. 2 . Authorize staff to negotiate with Boyle Engineering to modify the design contract to reduce the overall cost of the project, in an amount not to exceed $5, 000 . Analysis: On October 7, 1991 , City Council authorized a call for bids for the 24-inch Water Line Relocation within the Adams Avenue Bridge at the Santa Ana River. The relocation is necessary due to the Army Corps of Engineers Santa Ana River Flood Improvement project. The total project construction cost was budgeted at $350, 000 . 00 . Bids were opened on November 20, 1991 . They are listed below. 1 . Traynor & Hansen Corp, $577, 000 . 00 2 . Vicco Construction 780,985 . 00 3 . G. R. McKervey, Inc. 786, 600 . 00 4. Bebek Company 831 , 520.00 (Corrected to $833, 520 . 00) 5 . Majich Brothers 899, 310.00 Due to an addendum issued by the consulting engineer requiring a change in the pipe wall thickness, the cost of the pipe required to complete this project increased, thus increasing the overall project costs. a RCA: Adams Avenue Bridge: CC-804 December 16, 1991 Page 2 Staff has been in contact with Boyle Engineering to discuss the redesign of the project in an effort to reduce the construction costs. The cost estimate to redesign the project is less than $5, 000 . Funding Source• Fiscal Year 1991-92 Water Fund Capital Improvement Project Account E-EW-PC-804-6-29-00 Alternative Actions: 1 . Accept the bid and award the contract to Traynor & Hansen Corporation, 9861 Kite Drive, Huntington Beach, CA 92648. This would require the allocation of $299, 700 . 00 from Water Reserve Fund to the project. Should this alternative be selected, a Fiscal Impact Statement will be prepared and authorized prior to proceeding with the award. 2 . Reject low bid or all bids and forego the project. This option will have an adverse impact on the Army Corps of Engineers Santa Ana River Project and could involve litigation with the Army Corps of Engineers and the County of Orange. Attachments None LFS:JRR:RU:ru RECEIVED BY: Treasurer's Office SATE:, Titirsday November 20, 1991 2 p.m. CNGINEER'S ESTIMP!E: $400,000.00 PROJECT ENG1-1\=R: Eric Charlonne JOB AND CC NUMBER: 24" WATER LINE RELOC'.ATION - Adams Avenue Bridge at Santa Ana River BIDDER'S NAME BID AMOUNT' Teo Allen and Jay Allen, Incorporated Ameron Bebek Company P. R. Burke Corporation California Steel Pipe CraneVeyor Corporation l Farwest Corrosion Control Ccnpany I International Fab and Engineering, Incorporated _ K M. G International, Incorporated Kelley Pipei ^ G. R. McKervey, Incorporated 7 74 , �� Macco Constructors Ma ich Brothers John T. Malloy, Incorporated Marden Susco, Incorporated Midland Pipe and Supply P. and J. Utility CompanyI _ Parkson Pipeline A. A. Portanova and Sons ( _ Mike Prlich and Sons R L T Construction, Incorporated Schuler Engineering Southern California underground Construction I Southwest Builders Club, Incorporated Taylor-Jett Company Traynor and Hansen . ? Vicco Construction Westburne Pipe and Supply West Coast Pipe Lining, Incorporated I i i i BID BOND We Bebek Company as Principal, and Indemnity Company of California as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of ten percent the amount bid in dollars (10%) Dollars lawful money of the United States. Principal has submitted the accompanying bid for the construction of _ 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner, _ or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. JForfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal ' s failure to do any of the foregoing. J City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner' s reasonable attorney' s fees incurred with or without suit. Executed on November 21 ' 1991 Bebek Company PRINCIPAL (Seal if Corporation) By �'' Title`l (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Indemnity Company of California (name and address of Surety) 17780 Fitch, Suite 200 Irvine, CA 92714 (name and address of Surety' s agent for service of process in California, if different from above) (800)782-1546 (telephone number of Surety's agent in California) (Attach Acknowledgment) Indemnity Company of California PURETY (A to ey--n-i act) T. L. O' LOUGHLI - NOTICE• No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 i� POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA N0 027381 AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1992. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney is for bid bonds and bid undertakings only. 5. This Power of Attorney should not be returned to the Attornev(si-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint iiipft,_ **DAMES H. RESTRICK, T. L. O'LOUGHLIN, WILLIAM C. VAN ROOY, JOINTLY OR SEVERALLY*** the#free and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Seventy-Five Thousand Dollars($75,000)in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full mpower of substitution and revocation;and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. ' Ttie authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1966: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- in ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1991. �. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Harry C.Crowell,President �9ANy Harry C.Crowell,President Nsup �G c�pP O R,,l'"n �P40RF O R�ryi^ t 2 i t OCT S �'r MAR 2T, �'jo M�M ATTEST d 1367 ATTEST I979 lei 1,/ D 0 �C ( . C/��ry( r0a�`+\� LL By By 0 Walter A.Crowell,Secretary Walter A.Crowell,Secretary J a STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2.1991,before me.the undersigned.a Notary Public in and for said State,personally appeared Harry C.Crowell and Walter A.Crowell,personally known tome(or proved t( ! me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as Presider f and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. i WITNESS my hand and off iciai seal. •�w` OFFICIAL SEAL Signature �(/ �^`'`'"' VIRGINIA M. LOUMAN Notary Public • �' NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Apr.9, 1993 x•:s' CERTIFICATE ' The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that t foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directs of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. / This Certificate is executed in the City o:Irvine,California.this Q? -day of ,199l. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY - SPAN), 1NSUq OCT.S r w MAR 2T, By B L.C.Fiebiger 136T ' L.C.Fiebiger '� n ISTs o 0 a y Senior Vice President yi��/FOP��+�? Senior Vice President 'Z rCRNp� IBB-2 REV.12/90 NOU 15 '91 16:01 bub rb�ieo BID BOND We, G R McKervev, Inc. as Principal, and Great American InsurancP com any as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of 10% of bid amount Dollars ($10% of bid amount } , lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the owner, at the price designated by his bid, and files two bonds with the Owner, or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and i carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-HIO-150-00 C80919AC Bid Bond - 1 of 2 NOV 15 '91 16:02 0% P06i06 Principal and Surety agree that if the Owner is required to ' engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable 1 attorney's fees incurred with or without suit. Executed on Nnyemher 15 , 19-a1 G R McKervey. Inc. j PRINCIPAL Seal if Corporation) B ( P Y Title ` (Attach Acknowledgment of Authorized Representative of Principal) rE Any claims under this bond may be addressed to: L ,r _at, American Ins arancg�. Co. _ (name and address of Surety) L P 0--Box 6440 _ I Orange, CA 92613-5440 Sfingi & Hannon INs. Svc. (name and address of Surety's L agent for service of process in 77-564 Country Club Dr. #150 California, if different from above) Palm Desert, Ca 92260 619-360-4700 (telephone number of Surety's agent in California) (Attach Acknowledgment) Great_American Insurance Co. SURETY By Ann Willar (Attorney-in-Fact) � L L NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach J oc-H10-150-00 • • • GtEr'1T AIVERICAN INSURANCE COM ANY The number of persons authorized by this power of attorney is not more than No.0 13282 TWO 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 FRANK W. ANDERSON BOTH OF BOTH ANN WILLARD INDIO, UNLIMITED CALIFORNIA This Power of Attorney revokes all previous.powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF 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 7th day of May . 19 91 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 7th day of May, 1991 ,before me personally appeared WILLIAM J. MANEY, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the 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 August 20, 1979. RESOL VED: That the President, the several 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 in behalf of the Company, as surety,any and 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. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or eertiftcate of either given for the execution of any bond, undertaking, contract or suretyship, or other 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 the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and effect. Signed and sealed this 15th day of November , 19 91 S1029M(03/90) BID BOND BOND NO: 10847-172 BID DATE: NOVEMBER 21, 199 We, MAJICH BROS. , INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PERCENT TOTAL AMOUNT BIDS****************** ****** ************************ ***** *********************** * Dollars lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner, or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified . by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, ' shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. Executed on NOVEMBER 14, 1� 91 MAJICH BROS. , INC. PRINCIPAL (Seal if Corporation) By Title AFL—T/tea S (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: INDEMNITY COMPANY OF CALIFORNIA (name and address of Surety) f 17780 FITCH IRVINE, CALIFORNIA 92714 (name and address of Surety's agent for service of process in California, if different from above) (714) 263-3300 (telephone number of Surety's agent in California) (Attach Acknowledgment) INDEMNITY COMPANY OF CALIFORNIA SU TY By (Attorney-in-Fact) E.E. CRISTIANO OTICE• No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 I i POWER OF ATTORNEY OF N2 066566 INDEMNITY COMPANY OF CALIFORNIA ' AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92713 a (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1992. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint * E. E. CRISTIANO, CAROL ANN ROSENBLUM, JOINTLY OR SEVERALLY*** tlieb'Ye and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of sun' ship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full potwer and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of s6�d�"`�Arporations full power of substitution and revocation;and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. Theauthority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: i Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- lant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; =,:RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- neyorcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January,1991. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Harry C.Crowell,President Harry C.Crowell,President PANy 9\NSUR4 pPORgr�i o Q``p00,.Q.T'-, i e^ OCT.to o r W MAR.2T, 0 0 ATTEST ATTEST t 1967 0� 0 'Po a olf OaN� By ' By - --, Walter A.Crowell,Secretary Walter A.Crowell,Secretary STATE OF CALIFORNIA) j SS. COUNTY OF ORANGE ) On January 2,1991,before me,the undersigned,a Notary Public in and for said State,personally appeared Harry C.Crowell and Walter A.Crowell,personally known to me(or proved to meon the basis of satisfactory evidence)to bathe personswho executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. •` " „_ OFFICIAL SEAL „�,.,,,,.. �. -rcjrca.� + • VIRGINIA M. LOUMAN Signature , ' NOTARY PUBLIC•CALIFORNIA Notary Public ,. PRINCIPAL OFFICE IN ' ORANGE COUNTY My Commission Exp.Apr.9, 1993 CERTIFICATE Tha undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 14th day of November ,1991 INDEMNITY COMPANY OF CALIFORNIA �PiNy DEVELOPERS INSURANCE COMPANY \Nsuq � � '/ �� fog By C By W MAR.2T, p e L.C.Fiebiger nf L.C.Fiebiger # Senior Vice President f �/FOIL\+\?a Senior Vice President °c- r I0-310 REV.12/90 MV 15 _q1 .114:05 UNITED P.9 -- ► tL No . f 1,i-c1S3-5122 Nov 13 ,91 11 :11 No .005 .P.03 NOV-t3-1992 18s53PM FF40M Traynor i Hansert Corp, TO 4835122 P.83 HID BOND Bond No. NB-97177 We, Travrnoc & Hansen_Corooratio __ _, as Principal, and Nati al American Insurance any as Surety, jointly and severally, bind curse ves, our heirs, representatives, successors and assigns, as set fori~h herein, to the CITY OF MMTXNCTON BFACH (herein called owner) for payment of the penal sum of t Thous d and no/100-------------------------------------------------------------- .- --------------------------=----- Dollars {$ 70 000.00 ) , awful =s►ol7sy of he vn ed States. Principal has submitted the accompanying bid for the construction of 24-inch water Line Relocation Adams Avenue Bridge at Santa Ana River Huntington Beach, CA - Project No. CC-804 # f If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner, i or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the acntract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and voids otherwise it shall remain in full force and effect, Forfeiture of this bond, or any deposit made in lieu thdreof, shall not preclude the Owner from seeking all other remedies provided by low to cover lossaa asiRt^in*d as a rseul�s of the rincipal's failure to do any of the foregoing. ? j I I CitY of Huntington Ras^k 4:06 UNITED P.10 Nov 13 , 91 11 : 11 No .005 P ,04 w . NOV-13-1"1 10254M FROM Tr%ncr 3 Hanson Corp. TO 4WS122 P.84 ' Principal and Surety agree that 3t the Owner is required to engage that aorvices of an attorney in connection with the enforcement of this bond# each shall pay owner's reasonable attorney's foes incurred with or without suit. Executed on No.6�r ?.1 Tr PRINCIPAL oration) Sy s) le&7 , Tole !\ � _ nowledgment of Authorized Representative of Prinolpal) 1ir�y" claims under this bbnd may be addressed .to: ,National-American Durance C=ny (name and address at Surety) 5550 W. Touhy.Suite 400 ..,`.. ,.. Skokie, I L 60077_....�.— (name and address of Surety's agent for service of process in California, if different - from above) (telephone number of Surety's agent in California) (Att-ach Acknowledgment) tip 1 Meric.An Tn5tmancp C=Qg ,TBURETY (At erne)-in-Foot) John J. Millette No substitution or revision to this bond form will be accepted. •aueaties zuust be autnorizea to do business in and have an agent for service of process in California. Certified copy of Power of ` Attorney mast be attached. i City of Huntington Beach OC•H20•I50�00 CAnolas P, - ' NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL Traynor & Hansen Corporation EFFECTIVE DATE Itymber 21, 1991 70 Otis Street West Babylon NY 11704 (STREETADDRESS) (CITY) (STATE) (ZIPCODE) CONTRACT AMOUNT AMOUNT OF BOND s 70.000.00 POWER NO. NB 97177 KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance Company,a corporation duly organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved,that the signature of any officer F nd the Sea]of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile sea]shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company do-ts hereby make,constitute and appoint John J. millette State of Illinois its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY `et,N INsuq e4rP`OPrO R4 rCol � A W.Brent LaGere.Chairman&Chief Executive Officer = SEAL 3 o �v OMANA NfaMSPA STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July,A.D.1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company,the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. 10NOA At o�IOTA ��9Notary Publk PUBLICMy Commission Expires August 30,1"1 N ANa STATE OF or !,O+4ANO�'�� NOOIN COVP STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: 1, the undersigned, Assistant Secretary of the National American Insurance Company,a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 21 St day of Noven ber ,19 91 A `CAN INSUR '�4P`OPVOR"IR'�T SEAL * ; Winifred E.Mendenhall,Assistant Secretary C l�t�L �D Y6y 'i OMAMA NB(I)()S89 'rFaRASKA 41 its BID BOND . We, VICCO CONSTRUCTI ON as Principal, and THE CONTINENTAL INSURANCE COMPANY as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of TEN PERCENT OF THE AMOUNT BID Dollars ($ lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation i Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner, or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach Principal and Surety agree that 'if the Owner is required to engage the services of an attorney iri connection with the enforcement of this bond, each shall pay Owner' s reasonable attorney's fees incurred with or without suit. Executed on NOVEMBER 20 , 19 91 VICCO CONSTRUCTION PRINCIPAL (Seal if Corporation) By VICTOR C PI O Title .PRESIDENT (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: THE CONTINENTAL INSURANCE COMPANY (name and address of Surety) P.O. BOX 2263 BREA, CA, 92622 GRANGER-HANNA INSURANCE ASSOCIATES (name and address of Surety's agent for service of process in 2401 EAST KATELLA AVENUE, SUITE 500 California, if different from above) ANAHEIM, CA 92806 (714)572-3050 SURETY (714)978-9785 AGENT (telephone number of Surety's agent in California) (Attach Acknowledgment) THE CONTINENTAL INSURANCE COMPANY SURETY By (Attorney-in-Fact) D. J. PICARD NOTICE• No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-HIO-150-00 C80919AC Bid Bond - 2 nf 2 The Continental Insurance Company GENERAL POWER OF ATTORNEY Know all men by these Presents,ThatTHECONTINENTALINSURANCECOMPANYhasmade.constitutedand appointed,and by these presents does make,constitute and appoint D. J. Picard, Anaheim, California is true and lawful attorney;for it and in its name, place, and stead to execute on behalf of the said Company,as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 13th day of January;1989: RESOLVED.that the Chairman of the Board the Vice Chaimsan of the Board.the President.an Executive Vice President or a Senior Vice President or a Vice President of the Compans be.and that each or am of them is authorized to execute Posers of Anornev Qualik ing the anornes named in the given Power of Anomev io execute in behalf of the Company. bonds undertakings and all contractsoi suretyship:and that an Assistant Vice President.a Secretary or an Assistant Secretary be.and that each or any of them hereby is.authorized to attest the execution of am such Power of Anome%.and to anach thereto the seal of the Companv. i FURTHER RESOLVED.that the signatures of such officers and the seal of the Companv may be aimed to anv wch Power of Anomev or to any certificate relating thereto bs facsimile. and any such Poser of Anorney or ceniuc ate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company w hen to anixed and in the future with iespac t to any bond.undertaking or contract of suretyship to which it is attached." In Witness"hereof,THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this l0tWav of March • 1989 last, THE CONTINENTAL INSURANCE COMPANY Attest: e By. f�6c4x-,& J .— 1 b 1.� D.L Banta Assistant vice President 'p`�1 �.� l� Emil B Askew.Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD _ On this loth day of March 19 89beiore me personally came Emil B. Askew.to me known, who being by me duly sworn, did depose and saythat he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation:that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and thCswned?hhes name thereto by I'ke order. Y•COz--e 'yra D. Seekins Notary Public * My Commission Expires March 31, 1993 CERTIFICATE I. the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporatiun, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. 1►'L I fs s t•� Signed and sealed at the town of Farmington, in the State of Co cut. 20TH day of NOV MBER , 1991 d= 1 ♦D nnnLine,Assistant Vice President 11 BOND 4315M Printed in US A. r NOTICE INVITING BIDS CC-804 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, California, until the hour of 2:00 p.m. on November 21, 1991, at which time they will be opened publicly and read aloud in the Council Chambers, for the 24" Waterline Relocation Adams Avenue Bridge at the Santa Ana River in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on October 29, 1991 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $25.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California, the 7th day of October, 1991. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G ti OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET/P. 0. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 Multifaz Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: FAX NO. FROM: NUMBER OF PAGES .2, (INCLUDING COVER PAGE) DATE SENT: /o/a4/9 f TIME SENT: 3S AM/PM OPERATOR'S NAME PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 * * * * * * * COMMENTS CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K • NOTICE INVITING BIDS CC- 44 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, California, until the hour of 2:00 p.m. on November 21, 1991, at which time they will be opened publicly and read aloud in the Council Chambers, for the 24" Waterline Relocation Adams Avenue Bridge at the Santa Ana River in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on October 29, 1991 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $25.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California, the 7th day of October, 1991. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G RECEIVED • CITY CLERK RECEIVED C!TY OF CITY CLERK RUNTINGTfIN PEACH, CALIF. CITY OF HUIITINCT"N :-.A ,CALIF. Nov 21 2 O1 P '91 V 21 1 59 P '91 J i c s FILE GUIDE J Please file this document in: .Category: Label : � ,p _ • n 1 u tii � 11L1A/�It/ too NJ f i Established file New file - see Other: 0846I .VP REQUEST FOR CITY COUNCIL ACTION Date October 7, 1991 Submitted to: AppROVED BY CITY COUNCIL Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato is. Prepared by: Louis F. Sandoval, Director of Public Works CITY CLERK Subject: 24-INCH WATER TRANSMISSION MAIN RELOCATION AT ADAMS AENUE AND THE SANTA ANA RIVER; CC-804 Consistent with Council Policy? [� Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Plans and Specifications have been completed for relocation of the 24-inch Water Transmission Main at Adams Avenue and the Santa Ana River. RECOMMENDATION• 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for construction. 2. Approve the attached sample contract subject to award of contract to Council approved lowest responsible bidder. ANALYSIS: This project involves the relocation of the City owned 24-inch water transmission main located at the Santa Ana River and Adams Avenue. This relocation is due to the Army Corps of Engineers Santa Ana River Flood Improvement project. Staff has reviewed and approved the final contract documents; therefore, the Director of Public Works recommends that Council approve the plans and specifications and authorize staff to solicit construction bids. FUNDING SOURCE: � Revenues are budgeted for this project in 91/92 Water Division Capital Outlay Accour1 E-EW-PC-804-6-29-00. ALTERNATIVE ACTION: "ern 1. Deny request and direct staff on how to proceed. This option would delay the pro�_t. " 2. Forgo the project. This option will have an adverse impact on the Army Corps of Engineers Santa Ana River Project and could involve litigation with County of OraW. ATTACHMENTS: 1. Location Map 2. Sample Construction Contract MTU:LFS:ERC:dw 3048g/10 No 5/85 PLANNING SECTIONAL DISTRICT MAP 5-6-10 CITY OF r• HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP n T a C C 804 g� c•� 3 ! g U x , X b >r n A GARFIELD MU4TINGTOR SEACN _ KAI GR. SAMOA 011 1 W 'v7LLA:� i &w^.ik%3N Ci1.F. � $iiGYe9i$ Y dt41 IELUA SosTAraml y. � Wy 0 OR. o= f f~ K A KA.AAA M. Y TTTTTfTfl L NALAW AIAO•Y M 3 i COOK CA 4 I CF-E AI.10 IA"to O CxKlsivAf to # I i TORKTO>rN AVE 1 L D STAL TO M. O Q S r VALLEY GE OR• SNANGRI A ck 3 , MERRIUAC OR. UJIM� C F-E ' CGNSTITUTIpN DotL I::R'r.':?! '.;+•.:.1 z o � � x u J ARK OR Z L I O OR , i z I CV TY SARK OR Ix z Y Y *� PROJECT LOCATION p — Y F FL q-� IT FF--=] i• i ADAMS AVENUE SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RELOCATION OF A 24-INCH WATERLINE. AT ADAMS AVENUE BRIDGE AT SANTA ANA RIVER (CC-804) TABLE OF CONTENTS # TITLE PA 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 & 5 6. CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 & 8 12 . DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES 10 & 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 20 . INSURANCE 12 & 13 21. CERTIFICA.TES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENT 13 & 14 22 . DEFAULT AND TERMINATION 14 23 . DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS 14 24 . NON-ASSIGNABILITY 15 25 . CITY EMPLOYEES AND, OFFICIALS 15 TABLE OF CONTENTS # TITLE PAGE(S) 26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS 15 27. IMMIGRATION 15 28. NOTICES 16 29 . CAPTIONS 16 30. ENTIRETY 16 SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RELOCATION OF A 24-INCH WATERLINE AT ADAMS AVENUE BRIDGE AT SANTA ANA RIVER (CC-804) THIS AGREEMENT is made and entered into on this day of , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and , a hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as relocation of a 24-inch waterline at Adams Avenue Bridge at Santa Ana River (CC-804) in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK: ACCEPTANCE, OF RISK CONTRACTOR shall furnish, at its own expense, all labor, 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. 1 S A M P L E CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all. other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s . ) 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and. that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract 2 S A M P L E 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 1988 edition of Standard Specifications for Public Works Construction, published by Builder' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 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 3 S A M P L E 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 of DOLLARS ($ ) , as set forth in the Contract Documents, to be paid as provided for herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within six (6) months from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5. TIME OE 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 4 S A M P L E 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 Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications , set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; 5 S A M P L E thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In 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 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 and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate 6 S A M P L E 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 as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 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 in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) 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 sum 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 7 S A M P L E pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages .for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, . unsuitable 'weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no 8 S A M P L E allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, , (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (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. 9 S A M P L E 13 . Y tIATIONS IN ESTIMATED OUANJITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an' increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as 10 S A M P L E 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 in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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 11 S A M P L E are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; 12 S A M P L E CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such 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, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITYfor all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as 13 S A M P L E Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($110001000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000,000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT 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 Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR 14 S A M P L E shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DDEF ULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITIO PANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . 15 S A M P L E 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 EMPLQXEES 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 recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. 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. 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 8 U.S.C. §1324a regarding employment verification. 16 S' A M P L E 28 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONTRACTOR: Louis F. Sandoval Director of Public Works 2000 Main Street Huntington Beach, CA 92648 29 . CAPTIONS Captions of the sections 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. REST OF PAGE NOT USED 17 S A M P L E 30. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a a municipal corporation of the State of California By: Mayor Its: By: Its: ATTEST: APPROVED 'AS TO FORM: City Clerk City Attorne tY REVIEWED AND APPROVED: INITIATED AND APPROVED: ,/00` City Administrator Director of Public Works 18 S A M P L E RCA - ROUTIiG SHEET/CHECKLIST WHITE - REMAINS WITH RCA GREEN - ADMINISTRATION COPY CANARY - CITY ATTORNEY'S COPY PINK - CITY CLERK'S COPY GOLD - DEPARTMENT COPY INITIATING DEPARTMENT Public Works DATE September 25, 1991 SUBJECT 24-Inch Water TransmissionMain Relocation at Adams Avenue and The Santa Ana River; CC-804 MEETING DATE r&Qbe . 7+ I QQ1 AGENDA DEADLINE geptenj!)el- 25, 1991 (TO ADMINISTRATION) YES NO PUBLIC NOTICE [ ] [ X] PUBLICATION DATE LEGAL DEPARTMENT(with Exhibits) Date In Date Out INITIATING DEPARTMENT REVIEW/CHECKLIST: YES NO N/A [ ] [ ] [ ] ordinance [ ] Exhibit 1 [ ] [ ] [ ] Resolution [ ] Exhibit 2 [ ] [ ] [ ] Signed Contract [ ] Exhibit 3 [ ] [ ] [ ] Signed Agreement [ ] Exhibit 4 [ ] [ ] [ ] Neg. Dec/EIR [ ] [ ] [ ] Insurance Required Additional [ ] Exhibits Nbr. [ ] [ ] [ ] Bonds Required ( ] [ ] ( ] Financial Impact Statement (Unbudgeted Items Over $1,000) [ ] [ ] [ ] RCA - City Council [ ] ( ] [ ] RCA - Redevelopment Agency INITIATING DEPARTMENT APPROVAL BY: Louis F. Sandoval [ ] ADMINISTRATION REVIEW [ ] CITY CLERK FOR AGENDA COMMENTS: d PUBLIC NOTICE NOTICE: "STATE OF CALIFORNIA INVITING BOPS CC-804 Notice is hereby given that sealed bids will be re- County of Orange ceived " tington Beach at the office, of the Cfty Clerk at City Hall, 2006 Main. Street, I am a Citizen of the United States and a Huntington Beach, 2: - nia, until the hourur off 2:00 resident of the County aforesaid; I am over the 1991 at November 2 y , , 1991, at which time the will be opened publicly and age of eighteen years, and not a party to or read aloud In the Council interested in the below entitled matter. I am a Chambers,,ca on ad ms Avenue Bridge at ft.Santa principal clerk of the HUNTINGTON BEACH Ana River in the City of INDEPENDENT, a newspaper of general Huntington of.panghspecifica- tions, and other contract circulation, printed and published in the City of documents may be ob- tained on October 29,1991 Huntington Beach, County of Orange, State of at the Department of Public Works, 2000 Main Street, California, and that attached Notice is a true and Huntington Beach, Callfor, nia, upon receipt of a non. complete copy as was printed and published in refundable fee of$25.00. the Huntington Beach and Fountain Valley Each bid shall be made on the Proposal Form and in the manner provided in issues of said newspaper to wit the issue(s)of: the contract documents, and shall be,accompanied by a certified or cashier's October 31 , 19 91 check or a bid bond for not less than 10% of the November 7 , 1991 F amount of the bid, made payable to the City of Hun- Beech. The Con- shall, In the per- formance of the.wo�rrk�� and improvements, conform to the Labor Code pi fhe 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 hereun- der 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 consid- ered unless It is made on a form-furnished by the City of Huntington Beach and is declare, under penalty ofperjury, that the made in accordance pro- P Y Provisions of the foregoing is true and correct. Eaach`bidder®must be li- censed and also prequali- fied as required by law. November 7 , The City Council, of the Executed on , 1991 City of Huntington Beach reserves the right to reject at Costa Mesa, California. any or'I bids. By order of the City Coun- cil of the City of Hunt'u�gton c Beach,Catito .the 7th of', October,1991. Connie Brockway, Signature City clerk of the city of Huntlftgion Beach 2000 Main Street (714) 536-5431 Published Huntington, Beach Independent Octo-, 'per 31,November 7,1991 i 105=631'l 9� PROOF OF PUBLICATION 5�. s NO PROPOSAL FROM • Henn Uheen To dw Neembb bhyor and City Counll,City of Hundepbe laeab,Csliforeis: In empl sm wiM do notice inititieg ae w propmk for the A14e- Qo- - ©�( 1 I barmy propane Sad agra to Scut into a maaeot to Perform the werk bareie dm&W and t.fereii d"Inahrieb dlarefere eeaardieg to ffia piana,apodfioEtieNOW slwi P q-W4N far dM add wank aed to dro o ddwdon of aed under the npanridon of the Oiraeter of P&k 1Nerks of mid CIq of Huntieptoe fieNkcsliforeia. Tba endanipnad ha not aneaptad my bid from any onbsolrt ntor or leatrialelae tb"0 my bid depodtory,dw by4sw% WEE st 1■a ob"Nowar or taril ids's lit preearmd demo b mid bid dopoaitm v K wbiab pstain my�aebowu fnisii�entor er elotrrialm e from bidding to any oontieetor wM dos not step do foditis of ar nupt bids from K d roepb oeab bid depository. For the fereiiibing of all iebor,matrrids aed equipsant,and ar aq ineidanfd work nooarmry to dalkw aN the improllanInto a mpieta in plan in strict conformity with the Pisa, opeeiRar'in ea am RMW proaisioea,on fog in do office of tba Obsetor of FWft flksrka, City of Hundep ne bwk,bli wak,I propao Eed apse to tab ful poynrant dwefon at tM fallowinp unit priaea,to wit•. I ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. OUANTITV WRITTEN IN WORDS PRICE 1 LS Mobilizati r 2 398 LF 24 ch cement mortar lined an ated ; st 1 ,i � 3 536 LF 24-inch cement mortar lined and a oxy coated steel pipe,, including fittings, appu,plenances it valve per D�ptail 4 on f lv�o flo Skef t lans nd Dip` u ports. 4 1 ea Butt fly valves 7 _ ' i I 5 2 ea Conn,Pqion of new inch pipe to existing 2 4-JAcy pipe P-1 t ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS !RICE TOTAL i 6 LS Vehicu pJ t o I con I ` f Soo 7 2 ea Install anway per etail 2 on Sheet 5 y �, oft tans 8 t ea Air vacuum relea ssembly per Z Sta dard PPn-6 TOTAL I 1I It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract Is 90 calendar days If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. / Accompanying this proposal is � f9-c�Q, 1��/ (s 60,o0o ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages In case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for, the registration of contract License N o. .S. e. /-//O?7 cu?d p Signature of Bidder Business Address G Yi 5wu . Place of Residence IF Date this _ day of Bidder shall signify receipt of all Addenda here, If any: Addendum No. Date Received Bid a is ST`nafie P-3 - PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Name:•� /st/p 7 O 2. Address: ! l Co . ga23©> 3. Telephoner ��`/ 4. Type of firm-individual, partnership, or corporation: T 5. Corporation organized under the laws of the.State of: eet 6. Contractor's License Number: Q13.5_6 Expiration Date: Aa (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: /re6,- AI 7 8. Number of years experience as a contractor in construction work: �2c> yrs_ 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER CA I 10. List the name of pgnspn wh9 inspected the site4)�the proposed work for your firm: / r � Date of Inspection: 11. If requested by the City, the bidder shall furnAlra notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. p-4 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100.4113 of the Government Code of the State of California,and any amendments thereto,each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about the construction of the work or improvement in an amount in excess of one-pelf N of one percent(1%) of the prince contractor's total bid,and shall further at forth the portion of the work which will be done by each subcon- Vector. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract,he doll be danced to have agreed to perform such portion himself,and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid doll only be permitted in cases of public emergency or necessity,and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal,the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub-contraetor for this project. P-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 4 t rV N � �� being first duly sworn, deposes and says 1. That he or she is32! C1'P�4P� ofC� the party making the foregoing bid; 2 . That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3 . That the bid is genuine and not collusive or sham; 4 . That the bidder has not directly 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 refrain from bidding; 5 . That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6 . That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct . ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. CITY OF HUNGTINGTON BEACH; STATE OF CALIFORNIA ) 24" Water Line Relocation ss #CC-804 -bidding 07/07/92 COUNTY OF SAN DIEGO ) at 2 : 00 pm On June 26, 1992 before me, SHELLEY L. CLARK personally appeared Kathy M. Plant , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity( ies) , and that by his/her/their signature( s) on the instrument the person( s) , or the entity upon behalf of which the person( s) acted, executed the instrument. C10M D"AL LWITNESS my hand and official seal. ARKliforniaNTY,199A " Signature BID BOND We, as Principal, and as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of Dollars ($ ) , lawful money of the United States. Principal has submitted the accompanying bid for the construction of 24-inch Water Line Relocation Adams Avenue Bridge at Santa Ana River If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the Owner, at the price designated by his bid, and files two bonds with the Owner,• or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance in type and amount which conforms to the contract documents and furnishes required certificates and ' endorsements thereof, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provided by law to cover losses sustained as a result of the Principal 's failure to do any of the foregoing. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 1 of 2 Principal and Surety agree that if the Owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit. Executed on , 19_ PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's , agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) NOTICE• No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-150-00 C80919AC Bid Bond - 2 of 2 �.j Ie CITY OF HUNTINGTON BEACH rg" 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 24" WATER LINE RELOCATION ADAMS AVENUE BRIDGE AT THE SANTA ANA RIVER C C-804 ADDENDUM NUMBER ONE June 24, 1992 NOTICE TO ALL BIDDERS: Revise "Notice Inviting Sealed Bids", Page 2, Bid Opening to 2:00 PM, July 7, 1992. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:ERC:gd This is to acknowledge receipt and review of Addendum Number One, dated June 24, 1992. It is understood that this revision shall be included with the Bid Document. Company Date 3268g/IS CITY OF HUNTING"' ON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 24-INCH WATER LINE RELOCATION ADAMS AVENUE BRIDGE AT SANTA ANA RIVER CC-804, ADDENDUM NUMBER '1WO July 7 , 1992 NOTICE TO ALL BIDDERS: Modify Bid Proposal Form, Sheet P-3 , Paragraph two: Delete: 90 calendar days; Add: 150 calendar days: The undersigned understands the contract time limit allotted for the contract is 150 calendar Modify Specification Section 00810, - 3, Section G, to read as follows: G. Work will be substantially completed within 150 CONSECUTIVE CALENDAR DAYS, from and after the date of award of the contract. Very truly your ' J f y a r OR ations Manager This is to acknowledge receip anil review of Addendum Number Tiro, dated July 7, 1992. It is un rs od that this revision shall be in uded with the Bid Document 00 Co. y y �lz A? Da JRR:PW:bb k r i r r { 11 t t sa t y s• 4 Y 33 �" £r fY ♦�4t �f � t ��1 E � t k a Y t lid ob 1 L lnF dil>:1'IiQt ':4o)1;141lN(1N .do nt1:1 NU313 Alit 03Ai3�3k x�