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SRD ENGINEERING, INC - 2002-07-15
,,r ,' ..' n.VgA'S=''-%'k, }" g RECEIVED BY: CITY CLERK RECEIPT COPY -� C Return DUPLICATE to (Name) iM t"r "J afterning at ng . 1"�, -C3Z— (Date) CITY OF HUNTINGTON BEACH 1 ; INTERDEPARTMENTAL COMMUNICATION Fla TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for S ID (Compahy Name) Faithful Performance Bond'No, Labor and Material Bond No. - Monument Bond No. Maintenance Bond No. U 6 SS 1 7 CC I Re: Tract No. CC No. S g MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. S R ( 0 0. 6 V g1jah/bondletter.doc • R1.5 No. CITY TOFUNTINGTON BEACH ,good_ C?& REQUEST FOR LEGAL SERVICES Assn To +, ,z, Gail Hutton, City Attorney flats t �- Date: Request made by: Telephone: Department: 11/20/02 Robert A.Martinez x-5423 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ® Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: informatio nt ined in this RLS to all member o¢{h ity C cil. Agenda Deadline Council Meeting 11/27/02 Signature o epartment Head COMMENTS Please review and approve "As To Form" the attached One Year Maintenance Bond and attached documents from SRD Engineering, Inc. for the Urban Runoff Diversion Improvements, CC#-T� l/ �( Attached are the following: 72, 1 . Maintenance Bond, #08655176, One set - h, 2. Certificate of Fact, Company Profile, One Sheet 3. Certification of Compliance, One sheet 4. Declaration of Satisfaction of Claims, One sheet = Routing: ❑ GCH 1 0 PDA 1 ❑ LB ❑ SL ❑ JF ❑ ADL ❑ SF ❑ JM ❑ This Request for Legal Services has been assigne to attorney extension_5.1- His/her secretary is f , extens' n $S-U 3 Notes: File Name: Date Completed: WP No.. R[ C fnr KAMM Rnnrl i17f)/)n 9 Q•A9 AAh • • Recorded in Official Rec'ards, County of Orange Darlene Bloom, Clerk-Recorder WHEN RECORDED MAIL TO: '1���111i.���iil����1111i11i�i11!1I�illil�ill�l ��:1���1111113:NO FEE CITY OF HUNTINGTON BEACH Office of the City Clerk 2442441464465 44:34pm 11122142 P.O. Box 190—2000 Main St. 0.oo 0 7 0. N12 1 Huntington Beach, CA 92648 oa 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: URBAN RUNOFF DIVERSION PROJECT; CC-1181 This project includes : To construct low flow urban runoff diversions at five storm drain pump stations on I the north side of the City. ` That said work was completed November 5, 2002 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 Director of Public Works on November 5, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as ntemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 8, 2002. irector of Public Works or City Engineer ity of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this November 8, 2002. ector'of Publi Work or ity Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 i COUNTY OF ORANGE County Clerk-Recorder P.O. Box 238 RETURN SER\A..:. r DEC 09'4 Z Santa Ana, CA 92702-0238 REQUESTED : ggjj� o '� r x w pa MOTOR 713222f U.S. PQSTAQE i I w } .ii S1P% 927L-m12/1�Jlq�-A I-i Ca �. Ca AI -5 o Y i•�+-L LIt?-'.' • _iG4i i�i�lt!l1E111}!lt�f tl ltfl El llflllf���ffl!lil lil l7il� lillfll�� CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 4, 2002 To: SRD Engineering, Inc. 18200 Yorba Linda Blvd. Suite 200 Yorba Linda, CA 92886 Enclosed please find your original-bid bond issued by Fidelity and Deposit Company for ten percent of amount bid (10%). Connie Brockway,.CIVIC City Clerk Enclosure g:lfollowuplcashcontlretu rnbidbond.doc (Telephone:714-536.5227) :i : 0 Bond No.08560208 Deposit -Campany PREMIUM-NILFidelit and- JP0.V ORFUCE BOX 1227 OF MARYLAND B L77MORE, MD 21203 BID BOND KNOW ALL MEN BY MESE PRESENTS: That we, SRD ENGINEERING, INC. as Principal, (hereinafter called the "Principal"), and dhe FIDELM Arm DErour C0WANY of MARYLI.ND. P.O. Box 1227, Baltimore, Maryland 21203, a corporation duty lorganized under the laws of Bic State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firu>l+y bound unto CITY OF HUNTINGTON BEACH AS Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF AMOUNT BID _Dollars {$ lOX ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs, executors, administrators, successors'and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for. URBAN RUNOFF DIVERSION -CASH CONTRACT NO. 1181 NOW,I10EREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,of in the event of the-failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid'and such larger amount'for which the Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this 11TH day of JUNE -D,,20 02 . SRD ENGINEERING INC. _--(SEAL)' P-lee ZZ, rin dal Fritness BY: �s.2t` FIDELrrY AND V-5ORLtt M OEMI, B _(SBAQ Witness rsxtr-tom,rye ATTORN •N-FACT Coef"M IQ An=dmn 1a:+ene et ArdLeav D... d A-310. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALXFORNIA COUNTY OF ORANGE On 6-11-02 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared CHARLES L. FLAK personally known to me to be the person whose name is subscribed to the within instrument and - acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. [EXIES�iERWpOD .. 0�� COMM.# 1311304 (' NOTARY MUC-CAUFOtNIA _ Si a re o N Lary Public ORANGE COUN'Y 0 F,a COMM.EXP..ULY 27,2005 OP TLONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUdEER OF PAGES 1 DAM OF DOMI& rr 6-11-0 2 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) [] PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee•shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances, stipulations,policies,contracts,agreements,deeds•and releases and assign men�udgements,dWees,mortgages and instruments in the naturc of mortgages.... and to affix the seal of the Company thereto." 0 does hereby nominate constitute and appoint Charles Make o heim, California. . . . . . 0 I s true and lawful agent and Attorney-in-Fact,to in cute,se eliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and ttakin . . . . . . . . . . . . . . . . . . . 0 n t e execution of such bonds or un ngs in pp u Tice of these presents, shall be as binding upon said Company,as fully and amply,to all inter purpo if they had been duly executed and acknowledged by the regularly elected officers of the Compsa at its offi ,t 1 altimore, Md.,in their own proper persons. 0 �O The said Assistant Secretary does hereby cert' he aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice resident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ... ....16i h...............day of..._..-•----•--j_% Y....•-••••--•--....--••••......•..A.D. 19$6----- 'gyp DEPos FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SEAL Rsttnar►t Secretary Vice-Pr STATE OF MARYLANP ` SS: CITY OF BALTIMORE On this 16 r h day of July ,A.D.19 86 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OFMARYLAND,tome Personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and with,that they are the said officers of the Company afcresaid,and tbat the sea!affixad to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TEsrimoNY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written. v*'perA �y - nr.u� No ary Pu Tic m Sion ExpiresT3tly 12 1990 cc, . ERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full forceand effect on the date of this certificate;and I do further certify that the Vice-President who executed the acid Power of Attorney was one of the additional Vice-presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPosrr COMPANY OF-MARYLAND at a meeting duly called and held on the loth day of July,1969. REsoLvED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTTMoNY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this...................... day of.............Ji.NIs ............................: .. 2002 L14n.—CGf. —012-4150 auutaat Se The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the.proposed work and improvements in accordance with the plans and specifications set forth. S�Ci •� it /�l��Y.yr�, .iLfG. Company N e Signature of Bidder _ ScoAZl7a.i�+i Printed or Typed Signature Subscribed and sworn to before me this A day of NANCY BEMENT Comreiadon#1212M LQNotary Pub0c-Corlfc b Orange County My Ccmm.axpes N,r 13,20M tim •a--V NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1• � ids �o ea� . '7l �✓. v• y � Y Name and Address of Public Agency Name and Telephone No. of Project Manager: clve�. —�=Gks• /_ /z , H r-�bk .,( 9e y- F•fs-�.z�� ��sz�CJOO ,S/pr/►(_�Y4i y( CrfsoL a Contract Amount Type of Work Date Completed 2. eV 411AA 61141#4�_ 6,•� .41).Olezr Name.and Address of Public gency Name and Telephone No. of Project Manager: S4 '�1,� sti,y„ —y'n -S/Sf 4's �40 S�or.y L�-a� ►� �/J?/2 Contract Amount Type of Work Date Completed 3. 074� cv + Name and Address of ublic Agency Name and Telephone No. of Project Manager: Z:7 t-Air �Rog— yyT_ 7yyQ Contract Amount Type of Work Date Completed C-1 0 RECEIVED BY: • • CITY CLERK RECEIPT COPY Return DUPLICATE to 11060) (Name) _' after signing/dating (Date) A , q CITY OF-HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer A�TTpN: Jiim�Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for S R (Compbhy Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �1 Ccll � l Re: Tract No. CC No. 1 l g MSC No. Approved Agenda Item No. (Gaunt!!Approval Date) City Clerk Vault No. S R 0 - b 0 g:4zhlbondietter.doc Fidelityd Deposit Company an HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BOND# 08655176 Maintenance Bond PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MIEN BY THESE PRESENTS: That_ -_-_ S RD_ENGINEERINGa_-INC------------------------------------------------------ as Principal,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation organized under the laws of the State of N-laryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the_____CITY_ OF_HUNTINGTON BEACH in the sum of_SEVENTY-SEVEN-THOUSAND -EIGHT -HUNDRED-DOLLARS. _-_($77,800_00) ----__Dollars, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this_____7TH--------------day of__ NOVEMBER- 2002 X7g..... WHEREAS, on the-------------------------------day of......SEPTEMBER__2002___Xff_-_ the said-----------SRD ENGINEERING. INC.----------------------------------------------------------- -------, as contractor, entered into a contract for the CONSTRUCTION FOR.THE_URBAN_RUNOFF_DIVERSION CC 1181 ------- work required in the construction of the_URBAN_RUNOFF_DIVERSION-CC_ 1811 for the sum of 8-7,3-.,-$QQ------; and WHEREAS, under the terms of the specifications for said work, the said_ SRD_ENGINEERING,_ INC. _____________________________________________is required to give a bond equal to__1007.___ per cent of the amount of the contract to protect the______CITX____OF HUNTINGTON_ BEACH__________________ 1 against the result of faulty materials or workmanship for a period of___ONE_YEAR________________ ✓ from and after the date of the completion and acceptance of same, namely, until_11705-Q3----- NOW, THEREFORE, if the said-___SRD_ENGINEERING,_ NC�................................. shall for a period of ONE YEAR __from and after the date of the completion and acceptance of same by said----CITY_OF HUNTINGTON BEACH replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. APPROIST AS TO FORM:'Cu _SRD_ENGIN - ING_INC-----------------(SEAL) GATL BUTTON. Ci1? ycrne� By: DepiltY City -----------------------------------------(SEAL) FIDELITY AND DEPOSIT COMPANY OF MAR_YLA D I;n 7i;qu7 By--------------------------------y i--------- DAVID L. CULBERTSON Attorne n-Fact - i,i Attest:----------------------------------------- ' ' C4048(CA)-500.10-78 206506 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA' COUNTY OF ORANGE _ on 11-07-02 .- before me, LEXIE -SHERWOOD - NOTARY LIB personally appeared � DAVID L. CULBERTSON personally known to_ me . to be the person-,�whose_-.-name is subscribed to the within instxwaent andracknowledged`to me ' that he executed the same in his:authorized'capaciCy;uLarit! that by his signature on the instrument the person - or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LEXIE SM# 1-1) r v COMM # 1311304 ti0TA,4Y PUWC CALIFORN�A 6) Lure"of- otary Public ORANGE COUNTY 0 a CO.MM.EXo.J(J"y 27,2005••c OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TZTrX OR TYPE OF DOCUMENT NUM99x of PAGES 1 nA.Tu OF DOCUMENT 11-07-02 CAPACITY CLAIMED .BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME.OF PERSON(S) OR ENTITY(S)_ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,aALMMORE MD KNOW ALL MEN BY THESE PRESENTS.That the FIDELITY-AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. -M. PECOT, -JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI,Section 2, of the By-Laws of said Company, which.are set forth on the reverse side hereof and are hereby.certified to be in full force and effect on the date hereof, does hereby nominate, . constitute and appoint David L. Culbertson of Anaheim, Cali ornia. . . ... . . . . . . . . . . . . . . . . ' o its true and lawful agent and Attorney-in-Fact,to make,executaad deliv don its behaif as surety,and as its act and deed: any and all bonds and undertakings. . 0 And e executioa of such bonds or undertakings in ce of cents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they n duly and acknowledged by the regularly elected officers of the Company at its office in Baltimore. Md., in own pro ns.This power of attorney revokes that issued on behalf of David L. rtson,4ted, February 13, 1981 . The said Assistant Secretary does hereby that th set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Comps d is&1n3oiUbr4:Drce. IN WITNESS WHEREOF,the said Y' Prhsidenttant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELI DEPOSANY OF MARYLAND, this 15th day of August A.D. v 0 •�, FED Y 1[T COMPANY OF MARYLAND ATTEST: °SEAL -.f 0 B A terry y Vice-Pteaiden STATE OF MARYLAM CITY OF BALTI Mott>t On this 15th day of August , A.D: 1990 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally(mown to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore,the day and year first above written. -- J Notary Puhlic(Commi o Au u s t 1 19.92 f k II1�11 ff! :<<' CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided fn Article VI,Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 7 TH day of . NOVEMBER 2002 012-4150 Heistaat Scrretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND � "Article VI, Section 2. The Chairatan of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations,-policies, contracts, agreements, deeds,'and releases . and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,..-and to affix the seal of the Company thereto." • i t i s Company Profile • . Page 1 of 2 Afffte e Company Profile n so meat o� nC e FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101-0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC-#: 39306 NAIC Group #: 0212 California Company ID#: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS httpa/www4.insurance.ca.gov/uu/idb_Co_prof utl.get_co_prof?p_EID=6217 11/20/2002 Company Complaints • • Page 1 of 2 Company Complaint Cal eM Information InSuranc�e' FIDELITY AND. DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TONER 1 SCHUAMBURG, IL 60196-1056 800-3 82-215 0 Company Performance In compliance with California Insurance Code §_12921.1, the California Department of Insurance conducted a Consumer Complaint Survey of all admitted insurance carriers. The company performance table provides the type of complaint,total complaints, number of'use tified and question-of-fact complaints, and those in neither category, the balance. Justified complaints often require additional review, as violations of California insurance laws may exist. Number of Number of Line of Coveraee Jae of Complaint Total Complaints ,justiBcd Question-of-Fact Balance Complaints 1998 1999 12000 1998 1999 2000 1998 1 1999 2000 1998 1999 1 20M ommereial Multi-PerilRating-Underwriting 0 01 1 0 0 0 0 0 0 0 0 1 omeow-ners Claims 0 0 2 0 0 0 0 0 2 0 0 111 0meowners ting-Underwriting 0 3 1 0 0 0 0 0 0 0 3unity and Fidelity laims 4 2 1 0 0 0 2 2 0 2 0 If complaint data does not appear for this company,_this-link_will-provide you with an explanation. Comparison. Data The information below is for complaints closed for 1998-2000 for this insurance company. These figures are from California Department of Insurance's Consumer Complaint Survey of all admitted California insurance carriers. The table provides the Justified Complaint_Ratio, Market Share, Complaint Shape, and Index for this company, grouped by the line of coverage the company was authorized to sell in 1998-2000. To compare this company's complaint ratio with another's, print this page and the other company's page. Justified Year Line of Cover= Complaint Ratio Market Share Complaint share Index 000 Commercial Multi-Peril .00 .135 .00 .00 000 Surety and Fidelity .00 3.635 .00 .00 http://w-.% v4.insurance.ca.govh,,u/CAS_CMPL_CMPR UTL.CMPLNTS AND_COMP... 11/20/2002 City of Huntington Beach Department of Public Works Post office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title V11 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees,watchmen and guards employed by him or by any subcontractor performing work tender 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 contractor training program provisions applicable to the«vase rate paid. 5igature arid Title g:cc cuhcanI DECLARATION OF SATISFACTION 'OF CLAIMS I, Sao �'ti ih ee i 014=4 state: (Name o Con rac or 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 and dated S o 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or .items in, connection with Notices to Withhold, which have been filed under the provisions of the statutes of. the State of California; ( if none, state "NONE" ) I declare under penalty. of .perjury that -the foregoing is true , and correct. Executed at a a iyV14 t C.,41 on this day of Signature of Contractor . CONFORMED COP Not Compared with Orlgfn Recorded • - - Darlene din ,,, -at Records, County 81ocm Cler tY of Ora ! , k-Recorde nge WHEN RECORDED MAIL TO: !1l'l�il+iill�jjl�,ilj'j11!!!�11i'!'1j+ll��l�Yi r 1 ii, CITY OF HUNTINGTON BEACH 2O02001�84465 1!l1.,1+N0 FEE Office of the City Clerk 200 78 N12 Y Q 30 P.O. Box 190-2000 Main St. °o0 0.00 0.00 0.00 0.00 0.00 0.0o m 1�12zIQ2 Huntington Beach, CA 92648 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by-the City of Huntington Beach,'owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: URBAN RUNOFF DIVERSION PROJECT; CC-1181 This project includes : To construct low flow urban runoff diversions at five storm drain pump stations on the north side of the City. That said work was completed November 5, 2002 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 Director of Public Works on November 5, 2002, per City Council Resolution No:2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as ntemplated under Government Code Section 6103 and should be recorded free of charge. D;ated'at Huntington Beach,^California, this November 8, 2002. irector of Public Works or City Engineer ity of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this November 8, 2002. '2 (JWector of Publi WorkYor City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk ; P.O. Box 190-2000 Main St. Huntington Beach, CA 92648 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH _ Office of the City Clerk P.O. Box 190—2000 Main St- Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,'2000 Main Street;Huntington . Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: URBAN RUNOFF DIVERSION PROJECT; CC-1181 This project includes -. To construct low flow urban runoff diversions at five storm drain pump stations on the north side of the City. That said work was completed November 5, 2002 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 Director of Public Works on November 5, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as ntemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 8, 2002. r i irector of Public Works or City Engineer ity of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this November 8, 2002. actor of Publi WorkYor City Engineer City of Huntington Beach, California f WHEN RECORDED MAIL TO: I CITY OF HUNTINGTON BEACH Office of the City Clerk i P.O. Box 190—2000 Main St, Huntington Beach, CA 92648 • WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,'owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: URBAN RUNOFF DIVERSION PROJECT; CC-1181 This project includes : To construct low flow urban runoff diversions at five storm drain pump stations on the north side of the City. That said work was completed November 5, 2002 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 Director of Public Works on November 5, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as ntemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 8, 2002. irector of Public Works or City Engineer ity of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) 1, the undersigned, say: I am an Agent of the City of Huntington Beach, owner In fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this November 8, 2002. ector of Publl WorkYor City Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 12, 2002 County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CIVIC City Clerk Ict Enclosure: Notice of Completion—'SRD Engineering.—CC No. 1181—Urban Runoff Diversion g:lfollowup/r-ashconttccnotice-letter2002.doc I Telephone:714-536-5227I U NOTICE OF COMPLETION i SUBMITTAL TO CITY CLERK'S OFFICE :tar Bad":' Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: SRD Engineering "' = - - rYiTf�i- 2. Contract Information: A. CC No.: 1181 - I B. Date Project Awarded by Council: July 15. 2002 C. Corresponding Agenda Item No.: PW 02-070 3. Date of Completion: November 5, 2002 PLEASE INCLUDE: _Robert A. Martinez, X-5423 Name/Extension November 8. 2002 Date Submitted to City Clerk's Office Attachment—Notice of Completion CITY QF HUNTINGTCN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 12, 2002 County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CIVIC City Clerk Ict Enclosure: Notice of Completion—SRD Engineering.—CC No. 1181—Urban Runoff Diversion g:lfollowuplcashcon ttccnotice-Ietter20o2.doc (Telephone:714-536-5227) • WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190--2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,'2000 Main Street;_Huntington j Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company i thereon for doing the following work to-wit: URBAN RUNOFF DIVERSION PROJECT; CC-1181 This project includes : To construct low flow urban runoff diversions at five storm drain pump stations on i the north side of the City. That said work was completed November 5, 2002 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 Director of Public Works on November 5, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as ntemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 8, 2002. V for of Public Works or City Engineer f Huntington Beach, California STATE OF CALIFORNIA ) County of Orange }ss: City of Huntington Beach } [ I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing f NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this November 8, 2002. i I k FC:itec#or of PubG Work or ity Engineer of Huntington Beach, California I WHEN RECORDED MAIL TO: s CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 i WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,-owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc.who was the company thereon for doing the following work to-wit: URBAN RUNOFF DIVERSION PROJECT; CC-1181 This project includes : To construct low flow urban runoff diversions at five storm drain pump stations on the north side of the City. That said work was completed November 5, 2002 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 Director of Public Works on November 5, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Fidelity and Deposit Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as ntemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this November 8, 2.002. IQirecfor of Public Works or City Engineer ity of Huntington Beach, California STATE OF CALIFORN[A } County of Orange )ss: City of Huntington Beach ) 1, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this November 8, 2002. (Jwector of Pubii Wo or ity Engineer City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 u y NOTICE OF COMPLETION i SUBMITTAL TO CITY CLERK'S OFFICE Hu. . B wh Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project.to Tile the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 C c Q a 1. Name of Company: SRD Engineering ti o - > 2. Contract Information: cn A. CC No.: 1181 n B. Bate Project Awarded by Council: Auly 15, 2002 C. Corresponding Agenda Item No.: PW 02-070 3. Date of Com letion: November 5, 2002 PLEASE INCLUDE: Robert A. Martinez. X-5423 _ Name/Extension November 8. 2002 Date Submitted to City Clerk's Office Attachment—Notice of Completion 63 :T -4 r. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes(ext.6260) (Name) j after sighingidating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojain, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for 6 rc�yz\o (Company Name) Faithful Performance Bond No. 09I6 SS 1116 Labor and Material Bond No. Monument Bond No.- Maintenance Bond No. GUSS I Re: Tract No. CC No. MSC No. Approved 0-7�4 OT' Agenda Item No. (Couh6l A proval.Datq) City Clerk Vault No. gJja hibondletter.doe CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: September 11, 2002 TO: SRD Engineering, Inc. ATTENTION: John Notardonato Name - 18200 Yorba Linda Blvd. , Ste. 200 DEPARTMENT: Street Yorba Linda CA 92886 REGARDING: CC No. 1181 City,State,Zip Construction Contract See Attached Action Agenda Item E-11 Date of Approval 7/15/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds X Insurance X RCA Deed Other CC: R. Beardsley DPW X X X X Name Department RCA Agreement Insurance Other R. Martinez DPW X X X X Name Department RCA Agreement Insurance Other S._Ergidenrich Treas X X Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insumnc_e Other C: Mendoza Risk Mgmt X X Name Department RCA Insurance (Telephone: 714-536-5227) • • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SRD ENGINEERING, INC. FOR URBAN RUNOFF DIVERSION IMPROVEMENTS THIS AGREEMENT ("Agreement") made and entered into this 15th day of July 2002, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SRD ENGINEERING, 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 urban runoff diversion improvements from various locations in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, 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 in connection with the 02agreesrdl8'16102 1 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 for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), 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 thorough 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 the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 02agreelsrdlg/1 G/02 2 Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public forks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, wmitten 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 02aereeisrdi$:16102 3 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 the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Seventy Three Thousand, Eight Hundred Dollars ($73,800.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within twenty five (25) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and 02agreelsrd-8/16 02 4 provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in waiting. Linder no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR 02agree/srd/8/1 br02 5 ! • by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 02agrccArd!S!16!02 6 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers. agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) 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 represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these 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. 02 agrec/srd/8!16/02 7 • CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited 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 DPW shall grant a further period of time), notify 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 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 by 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 no way 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 CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 02agreelsrd:1116 02 8 12. DIFFERM SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used 02agree/srd/8116102 9 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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. DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (I0%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, 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 in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof 02agree/srdBl l6:1D2 10 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 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FLNI DS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. 02agreelsrd18116i02 11 • i 18. INDEMNIFI_CATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861. CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 02aaree'srd1 /16102 12 CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 02 nereei srd/8:1 6102 13 i • Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 02agreehrd/8/1 b/02 14 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 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 CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy 02agrceisrd18116102 15 for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 25. NONASSIGNABILITY 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. 26. 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 the California Government Code. 27. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 ($l 00) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any 02agree,srd.8/16/02 16 0 0 unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY 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, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach John Notardonato ATTN: Director of Public Works SRD Engineering, Inc. . 2000 Main Street 18200 Yorba Linda Boulevard, Suite 200 Huntington Beach, CA 92648 Yorba Linda, CA 92886 29. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 02 agree''srd!S,'[&02 17 • i 30. 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 United States Code Section 1324a regarding employment verification. 31. 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be 02agrcc1srd18I16i02 18 • 0 deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, late, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERMNIG LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 02agrec;srd18116102 19 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 40. DISCLOSURE STATEMENT Funding for this project has been provided in full or in part through a contract with the State Water Resources Control Board (SWRCB) pursuant to the Costa-Machado Water Act of 2000 (Proposition 13) and any amendments thereto for the implementation of California's Nonpoint Source Pollution Control Program. The contents of this document do 02agree/srd/8l15102 20 not necessarily reflect views and policies of the SWRCB, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. The CONTRACTOR shall include in each of its subcontracts for work under this contract a provision, which incorporates the requirements stated within this subtask. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SRD ENGINEERING, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Scott Denton, President Alf ayor AND By: ATTEST: Debra Denton, Secretary City Cierk 01-11-02 REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit dministrator oL Q4_Deity Attorney INITIAT ND APPROVED: 7 K Dire of Public Works 02agreelsrM."16i02 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SRD ENGINEERING, fNC. FOR URBAN RUNOFF DIVERSION IMPROVEMENTS TABLE OF CONTENTS Page No. I. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 1 1 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. DEFAULT R TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON-ASSIGNABILITY 16 -26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. IMMIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. MODIFICATION 20 39 ENTIRETY 20 40. Disclosure Statement 20 x � 517 A , SECTION C PROPOSAL for the . URBAN RUNOFF DIVERSION From VARIOUS LOCATIONS (5250 Slater Avenue, 6742 Marilyn Drive, 7231 Heil Avenue, 18401 Springdale Street and 4742 Scenario Drive) CASH CONTRACT No. 1181 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 A If awarded the Contract, undersigned agrees that in the even*f the BIDDER'S default in executing the required contract and filing the necessary bonds and.insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find i3%ddevs 3oK in the amount of$/ay 7-/-4hich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. _ Date I?eceived. : bidder's Si nature = C-2 WOJECT BID SCHEDULE -h . ..... ... ......... Item Estimated: .-,:Item,wit -unit Extended':':1 Trice . .. .... ... .... ::W& Quant Ity;; .:',Wr itteb:W Words .... . 1 S250 Slater Avenue Lump Sum @ 7Q ,!�z c.-:z Dollars $ q e, oe h. Cents Per Lump Sum 2 1 6742 Marilyn Drive Lump Sum @ X;.- 4,e.!.g Dollars Cents Per Lump Sum 3 1 723 1 Heil Avenue Lump Sum @ S Cents per Lump Sum 4 1 18401 Springdale Street LurnpSum @ 2;2fftz�e A2"Aafkz Dollars S�2044%*a'0�0 S a CPC70.am 4,0 Cents Per 'Lump Sum 5 1 4742 Scenario Drive Lump Sure Dollars Cents Per Lump Sum Total Amount Bid in Figures: $ 73, 8c;O-d7c Total Amoun .. ..... t Bid in Words: -5e&le&r I I— .. ................................................................................................... ..... ................................................................ ......................................................................... C-1 N LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Alame-and Address of Subcontractor State License Class .of Work Number-... By submission of this proposal, the Bidder certifies: .1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. G3 ' NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first dF'� sworn, deposes and says that he or she is Et'- �,��� of SRD 14Q'E r-1-Q h mac. the party making the%foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder /8_7 Y,g✓ 4 ��+1�✓G a�v�.�Sa� a ��� Addres4 of Bidder J vY6$ !,: +� C 4 Sz 9?go Subscribed and sworn to before me this I_day of = , 200.L . NANCY BEMENT Commission# 1212928 z Notary Public-Callfamia Orange County My Carron. * K-x 13,ZXn NOTARY PUBLIC NOTARY SEAL C-4 i i • UTILITY AGREEMENT HONORABLE :MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the URBAN RUNOFF DIVERSION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined . in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By r7tK�+t re Ci C4, T Title Date: z oa s C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes JdNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. r _ Sap FHA i>F ct Y•4:!.d - Contractor By Sce PC ✓eSiCt.e7 Title Date: ..` i9 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: .- Bidder Name d>- 6 4•5trf4 Business Address Ci , State Zip Telephone Number State Contractor's License No. and Class. Original Date Issued Expiration Date The work site was inspected by .7--4., of our office on -/J, 200L. The following are persons, firms, and corporations having a principal interest in this proposal- SC a� t�► /►"cS�Cd,,, ��J4✓4�f �eqT N �CG rC�r� C-9 Client#: 33080 SRDENGI DATE(MMIDDlYY) CERTIFICfift 4F LIABILITY INSU NICE 08127/02 PRODUCER `,� � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ArmstronglRobitallle Bu881InsSv 11` ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE XTEND OR 680 Langsdorf Drive, Suite 100 "� ILL AO H ER THECOVER G BY AFFORDED THE POLIIS CERTIFICATE DOES NOT CIES BELOW. PO Box 34009 SK Fullerton, CA 92834-9409 I INSURERS AFFORDING COVERAGE INSURED 1 INSURER A: Steadfast Insurance SRD Engineering, Inc. INSURER B: Safeco Insurance 18200 Yorba Linda Blvd.,Ste#100 'INSURER c: General Security Insurance Yorba Linda, CA 92886 INSURERD: State Compensation Ins-Fund _ ItiSURER E: Travelers Insurance w COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE _. POLICY NUMBER POLICY MFFEE IVE POLICY EXPIRATION I LIMITS LTR q GENERAL LIABILITY SC0367006201 1 10/25/01 110125/02 EACH OCCURRENCE 51,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Ary one fire) $50,000 CLAIMS MADE A ,OCCUR I I I MED EXP(Any one parson) $O _ I I PERSONAL S ADV INJURY S1_,000,000 GENERAL AGGREGATE 52 OOO,OOO GENL AGGREGATE LIMITAPPLIES PER:I I PRODUCTS •COMP/OPAGG 52,000,000 POLICY I pRa I LOC I I B AUTOMOBILE LIABILITY I BA8165900E 10/25/01 110125/02 COMBINED SINGLE LIMIT X ANY AUTO (Eaaccider:) S1,000,000 ALL OWNED AUTOS BODILY INJURY I S SCHEDULED AUTOS (Per perror) X ' HIRED AUTOS KUVED A5 -� �`a , t�O7'Tlc3i I BODILY INJURY S NON-OWNED AUTOS GAII RljM:', �' I 1(Paraccidenl) A ISogu 4d C1+�G ��• ornoY �} PROPERTY DAMAGE I S V(r I I(Por accident) GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO �`y{j1:�. IiY.7li)1 .. :.1�1LiUR,'� •:�••�i. ••I,Y.11rt:�L._ EA ACC S w OTHER THAN AUTO ONLY: AGG i S C EXCESS LIABILITY 10E9001327 10/25101 10/25/02 i EACH OCCURRENCE S1 DDO,OOO !�OCCUR I�CLAIMS MADE I AGGREGATE S1,ODD,OOO I S I�DEDUCTIBLE I I S RETENTION $ :S TH- D I WORKERS COMPENSATION AND 146861702 j 01/01102 01101/03 I X TQRY L M T STATU R EMPLOYERS'LIABILITY 1 i E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE 0,000,000 .E.L.DISEASE•POLICY LIMIT S1,000,000 E I OTHER Equipment QT660808X9820 10/25/01 10/25102 $150,000 each Item Rented/Leased I � $1,000 deductible I I � DESCRIPTION OF OPERATIONS/LOCATIONSIVEHLCLES/EXCLUSLONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 30 Day Notice of Cancellatlon Except 10 Day for Non-pay of Premium "RE: Construction for the Urban Runoff Division, Cash Contract No. 1181""The City, Its officers, elected or appointed officials,employees, agent$, and volunteers are named additional Insured as respects general (See Attached Descriptions) CERTIFICATE HOLDER ADD moNAL INSURED;INSURER LETTER: CANCELLATION Ton Day Notice for Non-EaMent of Premium SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL"R5ffi%x=MAIL 30—DAYS WRITTEN Attn: Robert Martinez NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BM72FK mRIiX><t1Q1Q"XKjILTLXX P.O. Box 190 x )mmRXKMKR ItxxetetxvLaxA MXKN tx Huntington Beach, CA 92648 =Wsa XWAX22x AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 3 #S180127IM158966 LKC 0 ACORD CORPORATION 1988 DEORIPTIQNS (Continued from Ifte 1) liability per written contract.This Insurance Is primary and noncontributory as required by written contract. Waiver of subrogation applies as respects Workers' Compensation. Endorsement to follow from Insurance carrier. CO =IL W4 Fly AMS 25.3(07197) 3 of 3 #S1801271M158966 ZURIC:H Steadfast Insurance Company POLICY NO. EFF.DATE OF POE. EXP.DATE OF POL EFF.DATE OF PRODUCER DATE FNDORSRAEW T. ARED SC0367006201 10/25/01 10/25/02 10/2255//01 75409-000 11/11//011 96 Named Insured: SRD ENGINEERING Additional Insured-Person or Organization(Designated) Primary/Non-Contributory Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: AypROvED AS TO FORM'-' GATL HUTTON, City Ittorney Commercial General Liability Coverage Part �;�n,�L:. r i+ , tittorney SCHEDULE Name of Person or Organization: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Who Is An Insured(Section H)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of your work or premises owned by or rented to you. Also,the insurance provided by this policy will be primary and non-contributory insurance,but only as respects a claim, loss or liability arising out of insured operations or work on behalf of you performed under an"insured contract"between you and the person or organization shown in the Schedule above,that requires you to maintain such primary and non- contributory insurance and to include them as an additional insured. Gam+•r �1�� Countersigned thorized fepresentative 5TF-CGL-1639 B CW(7/98) A STOCK COMPwIYY — a:BTAB LIBNIIO 5800 1•,o'-t a: ORRICE OF MARYLAN D DALTI M ORS �• r � Faithful Performance Bond BOND #08655176 Public Rork (The premium charged on this bond is S 812.00 , being at the rate of E 11.00 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS. the SRD ENGINEERING INC. State of California, entered into a contract dated— 2002_N.__, with CITY OF HUNTINGTON BEACH hereinafter designated as the "Principal," for the work described as follows: CONSTRUCTION FOR THE URBAN RUNOFF DIVERSION, CASH CONTRACT NO. 1181 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. Now,THEREFORE,We,the Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation orgainzcd and existing under the laws of the Stale of Maryland, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto " THE CITY OF HUNTINGTON BEACH —in the penal sum of SEVENTY-THREE THOUSAND EIGHT HUNDRED Dollars [E73,800.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. ' i THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, ex- ecutors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep Ji and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as I� _1 therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the.-_-. CITY OF HUNTINGTON $EACH its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and.remain in full force and virtue. And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,altera• tion or addition to the terms of the contract or to the work to be performed-thereunder or the specifications occom- I ; pan}•ing the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any ,.such change, extension of time, alteration or addition to the terms of the contract or to the work or to the 1 . l i specifications. 1 l Iti WITNESS WHEREOF. We have hereunto set our bands and scale this ___ 3RD 5I day of— SEPTELIBER SRD ENGINEERING INC. i 'i Api^OV�n hS TO i ORIstS(/ •-----� 6;7' Iii i'iCN, Ci-L;y Attorney 1 ----- r.....-•---._. Jant=cy City Attornoy �y; Principal _ 1 FIDELITY AND DEPOSIT COMPANY OF MARYLANDBy h.I DAVID L. CULBERTSON A+eornryin•Fscr 0173-CA"W 11-0 2 5: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 09-03-2002 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal . LEXGE SHERWOOD� U CONW.,# 1311304 NOTARY PUBLIC"CALIFORNI,A� 5i a re of Notary ublic ORANGE COUNTY n COM!v1.EX?.JUCY 27.2G05 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMEM of PAGES DATE of DOCVML7rr 09-03-2002 CAPACITY CLAIMED BY SIG E,4 [] INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY--IN-FACT ❑ TRUSTEE (S) ❑ OTHER. SIGNER IS REPRESENTING:,FIDELITY AND DEPOSIT COMP&NY OF MARXIANT) NAME OF PERSON(S) OR ENTITY(S1 S iA STOCK COMPANY ESTABLISHED 1890 _ s= HoM6 OFFICE OF MARYLAND SALT{MORE PA ment Bond (Section 3247, Civil Code) Premium included in faithful performance bond - ( P ) BOND #08655176 � KNOW ALL MEN BY THESE PRESENTS: r CITY OF HUNTINGTON BEACH THAT, HEREAS._..--...- ................. .................. ......NGT.....ON......... hasawarded to..................5 ENGINEERING INC............................................................................................................. as Contractor, a contract for the work described as follows:--___CONSTRUCTION FOR THE URBAN RUNOFF ............... ............................................................ ............................................ ••..........................................................•--.................-------••-•------•----..-..------....-----------------------------•------------------•-•--------------------------- AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract,to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, We the undersigned Contractor and Surety are.held and firmly bound unto the CITY OF NTINGTON .. ...........-- ..HU.--.......-.-_............-- ••--•.BEACH...... in the amount required by law, the sum of.....**-----------------------------------------------------------dollars ($---73-,80Q.� , for 0___� which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, 7 That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, , shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. I This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, We have hereunto set our hands and seals this........391)................................................ day of- §SE TEMBER ----------------� 2002 SRD ENGINEERING INC. ** SEVENTY—THREE THOUSAND EIGHT HUNDREDAND NO/100 DOLLARS ................................................................................................ GAIL 1i;;i i0:{, City !attorney City AU-vorney .......................................... ......................Cont t rac.I.-..... .. r FIDELITY AND DEPOSIT COMPANY OF MARYLAND WII� T....-C�ltHRT901T At�arney-in-Fact UIMCA1—•200. 12-W 229471 Fom erryCa1ar771 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 09-03-2002 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal. r LEX1E SHERWOOD3 Z&& (5U Comm,R 1311304 �o NOTARY PUPUC-CAUFORN1A +n sign tore of Notary Public 5 ORANGE COUNTY n CC)..VM.EXP.jUL. 27,23351 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYFk` OF DOCUMENT NUMER OF MUMS PATE OF DOCENT 09-03--2002 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(5) ❑ PARTNER (S) ® ATTORNEY--IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AM DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.MTINICIM MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. tiI. PECOTf JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint David L. Culbertson of Anaheim, Cali ornia. . . . . . . . . its true and lawful agent and Attorney-in-Fact,to make,ex eeu and deliv o� d on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . .. . . . . . . . . . . . . . . . . . . 0 e execution of such bonds or undertakings in ce of cents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they n duly and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in own pro ns.This power of attorney revokes that issued on behalf of David L. rtson, ted, February 13, 1981 . The said Assistant Secretary does hereb that th�a set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the $ -Laws of said Compdi no roe. IN WITNESS WHEREOF,the said V sident atant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELI DEPOS ANY OF MARYLAND, this 15th day of _...., August - , A.D. c FIDELITY POSIT COMPANY OF MARYLAND ATTEST: `sEnl By ouj,4��-------- Aw-i _ creLary ti,ex-Pnaiden - STATE OF MARYLAND 1 Crrr of BALTIMORE I On this 15th day of August , A.D. 1990 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore,the day and year first above written. Notary Public,Commisslo x es Au>~ust 1, 1111 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in fall force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 3RD clay of SEPT. 2(f2. 012-4 150 uisfanf Secretary Company Profile Page l of 2 AM C DepartmeM 1Qa� Company Profile Insutance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101-0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID#: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http:!.'www4.insurance.ca.govf"wu.!idb_co_prof utl.get_co_prof?p_EID=6217 9/4i2002 Company Profile 0 . Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information rF f/w Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-August 29,2002 01:35 PM Copyright Q California Department of Insurance Disclaim&r http://www4.insurance.ca.gc)v/wu/idb_co_prof utl.get_co_prof`?p_E[D=6217 9/4/2002 Company Complaints Page 1 of 2 Company Complaint 1� ofc Information insurance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Company Performance In compliance with California Insurance Code § 12921.1, the California Department of Insurance conducted a Consumer Complaint Survey of all admitted insurance carriers. The company performance table provides the type of complaint, j total complaints, number of justified ified and question-of-fact complaints, and those in neither category, the balance. Justified complaints often require additional review, as violations of California insurance laws may exist. Number of Number o age f Line of Cover Type of-Complaint, Total Complaints �Justified Question-of--Fast Balance Complaint, om Isin 1998 1999 1 2000 1999 1999 2000 1998 1 1999 2000 1998 1999 2000 Commercial Multi-Peril Rating-Underwriting 0 0 1 0 0 0 0 0 0 0 0 1 ouicowncrs [R.fing-Underwriting aim. 0 0 2 0 0 0 0 0 2 0 0 0 omeowners 0 3 1 0 0 0 0 0 0 0 3 1 urea•and fidelity aims 4 2 1 0 0 0 2 21 01 21 01 1 If complaint data_does_not appear for this company, this link will provide you with an explanation. Comparison Data The information below is for complaints closed for 1998-2000 for this insurance company. These figures are from California Department of insurance's Consumer Complaint Survey of all admitted California insurance carriers. The table provides the Justified Complaint Ratio, Market Share, Complaint Share, and Index for this company, grouped by the line of coverage the company was authorized to sell in 1998-2000. To compare this company's complaint ratio with another's, print this page and the other company's page. Year Line of Coverage Justifiedi1lL@a�1Q h7arket-Share Complaint Share Index 000 Commercial Multi-Peril .00 .135 .00 .00 000 Surety and Fidelity .00 3.635 .00 .00 httP://www4.insurance.ca.gov/wuiCAS_CMPL_CM PR_UTL.CM PLNTS_AND_COMPRS... 9i4l2002 'Company Complaints . Page 2 of 2 1999 Isuret and Fidelity ,00 3,292 .00 .00 1998 Surer and Fidelity .00 3.223 .00 .40 If complaint_data does not appear for this coml2anv, this link will provide you with an explanation. The Department's Consumer Hotline handled 422,364 calls related to general insurance questions in 2000. During this same period,the Consumer Hotline and Market Conduct Branch opened 30,624 complaints that were received in the mail or by calling the Hotline. As a result of the Consumer Services and Consumer Communications staffs mediation efforts, policyholders have recovered$26,432,604. Last Revised-August 29,2002 01:37 PM Copyright D California Department of Insurance Disclaimer http://w%kf"'4.insurance.ca.gov/wu/CAS_CMPL_CM PR_UTL.CM PLNTS—AND_COMPRS... 9/4/2002 2001 Complaint Study Introdu Page 1 of 3 Am CatnmM oW 2001 Consumer Complaint Study nsumnce View Introduction in PDF format(Acrobat Reader is required) In accordance with California Insurance Code §-1.292 1_.1, the Consumer Complaint Study is published by the California Department of Insurance (CDI) to assist insurance consumers as they shop for insurance. In addition to using this survey, consumers should also consider coverages, premiums, agent service, and insurer financial strength before buying a policy. The CDI investigates consumer complaints and identifies whether the complaint is justified, question-of- fact, or does not fall within either category. This leaves a remaining balance of complaints. Justified complaints often require additional review as violations of California insurance laws may exist. In 2000, the Department's Consumer Hotline handled approximately 422,364 calls related to general insurance questions. During this same period, approximately 30,624 complaint files were opened in response to mail received and complaint calls taken over the Hotline. As a result of these mediation efforts, approximately S26,432,604 was recovered for policyholders. How to use the study The tables in the study provide the following about each individual company: 2000 rank, company name, approximate number of policies or exposures in California for 2000,justified complaint ratio, number of justified complaints, number of question-of-fact complaints, remaining ►�- balance of complaints, and total number of complaints for years 2000, 1999, and 1998. The CDC ranks insurers according to their justified complaint ratio. The justified complaint ratio is based on the number of justified complaints per 100,000 policies or exposures. For those companies without a ratio, ranking is done by the policy or exposure count. The CDI Complaint Study only includes complaints that are closed for a given year regardless of when the complaints were filed. For this study, statistics are for those complaints closed from: January 1 through December 31 for calendar years 2000, 1999, and 1998. Example Page One Number of Approximate Justified Justified Sample Rank Company Name Complaint Ratio Exposure Count Complaints 2000 11999 1998 2000 1999 1998 26 Company A 200,000 0.5 1.1 1.7 1 2 3 27 Com an -B 300,000 0.7 1.7 2.2 2 3 4 28 Company C 350,000 0.9 2.2 2.8 3 4 5 29 Company D 375,00 I.I 2.8 3.3 4 5 6 The table above is used to illustrate how to read the table in the study. From the table, one can learn the http:,i,%,ww.insurance.ca.gov,:iSAB/Complaint0l,/Intro.htm 9`4/2002 •2001 Complaint Study Introduci Page 2 of 3 following information about Company C. • Company C is ranked 28th best company among 50 large insurers for homeowners insurance in 2000. In other words, 27 companies had a lower, or better, complaint ratio than Company C. • Company C insured approximately 350,000 homeowners exposures. • The company's Justified Complaint Ratio for 2000 is 0.9 - based on the number of justified complaints closed between January 1, 2000 through December 31, 2000 to the number of 100,000 earned exposures. Thus, Company C's 0.9 ratio implies that for every 100,000 earned exposures, the company had 0.9 justified complaints closed against them. • The Department closed 3 justified complaints for Company C in 2000. Page Two Number of Number of Justified Question-of-Fact Balance Total Number Sample Rank Company Name Com laints Complaints of Complaints 2000 1999 1998 2000 19" 1998 2000 1999 1998 2000 1999199 26 Company A 1 1 2 3 0 1 2 2 3 4 3 6 9 27 Company B 2 3 4 1 2 3 3 4 5 6 9 12 28 Company C 3 4 5 2 3 4 4 5 6 9 l2 15 29 Company D 4 5 6 3 4 5 5 6 7 12 l5 18 • The Department closed 3 justified complaints for Company C in 2000. • The Department closed 2 question-of-fact complaints for Company C in 2000. • There were 4 complaints not meeting the criterion for either a justified or question-of- fact complaint against Company C during 2000. • A total of 9 complaints were received against Company C in 2000. Contact Information Should you have any questions about the information in these studies, please do not hesitate to contact: California Department of Insurance Consumer Communications Bureau 300 South Spring Street, South Tower Los Angeles, California 90013 (800) 9274357 Within Los Angeles and Out-of Statg (213) 897-8921 Telecommunication Devices for the Deaf (800)4824833 The Consumer Communications Bureau Hotline Hours are from 8:00 a.m. to 6:00 p.m. Pacific Time, Monday through Friday (except Holidays). Send E-mail inquiries to: 927HELPna.insurance.ca.gov http://www.insurance.ca.gov/SAB/ComplaintOl llntro.htm 9/4/2002 Pro • � �z L-T�� l y! Council/Agency Meeting Held: 07-19-02 Deferred/Continued to: pproved ❑ Conditional y Approved ❑ Denied �'ft C Cler Signature N , Council Meeting Date: July 15, 2002 Department ID Number: PW 02-07.0- c: CITY OF HUNTINGTON BEACH _ REQUEST FOR ACTION `- ti-, a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS A SUBMITTED BY: RAY SILVER, City Administrator RaP NPREPARED ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: ward Construction Contract for the Urban Runoff Diversion, CC-1181 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On May 20, 2002, City Council authorized the advertisement for bids for the Urban Runoff Diversion Improvements, CC-1181. On June 18, 2002, staff received bids and requests that City Council award the contract to SRD Engineering, Inc. Fundina Source: Project funds have been budgeted in the Low Flow Diversion, Drainage Improvement Account Number 89288001.82500. Funds for this project have been appropriated from Proposition 13 in accordance with the Costa-Machado Water Act of 2000. Recommended Action: 1. Accept the lowest responsive and responsible bid submitted by SRD Engineering, Inc. in the amount of$73,800 for Urban Runoff Diversion, CC-1181; 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids and direct staff to re-advertise or abandon the project. Denial of this project would maintain the current condition of discharging untreated low flow urban runoff into the coastal waters. • REQUEST FOR ACTION MEETING DATE: July 15, 2002 DEPARTMENT 1D NUMBER: PW 02-070 Analysis• To reduce the amount of debris and other pollutants that would otherwise reach the ocean and coastal waters, the City and State have entered into an agreement to construct low flow urban runoff diversions at five storm drain pump stations on the north side of the City. The Sanitation District of Orange County and the City have entered into a separate agreement in respect to the diversion projects. On May 20, 2002, the City Council authorized advertisement for bids for the Urban Runoff Diversion Improvements, CC-1181. Bids were received and opened on June 18, 2002. Staff has reviewed the bids, which are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount 1. SRD Engineering, Inc. $73,800 2. Atlas-Allied, Inc. $84,000 The reference check for SRD Engineering, Inc. provided favorable responses from past clients. Therefore, staff recommends that the City Council accept the bid from SRD Engineering, Inc., the lowest responsive and responsible bidder. Environmental Status: This project is categorically exempt pursuant to Section 15303 (d) of CEQA. Attachments): City Clerk's Page Number No. Description 1 Location Map 2 Sample Construction Contract RCA Author: LTJrn PW 02-070 Taite(Award Const Contract CC-1181I.doc -2- 7/212002 10:59 AM ATTACHMENT # 1 URBAN RUNOFF DI VERSION CASH CONTRACT No. 1781 � S9� 4742 SCENARIO DR. AVE co 7231 HEIL AVE. We FADM AM AVE.HEL o6742 Z MWAMER ARIL YN DR. SURER AVE 5250 405 SL A TER AVE. , 9 AVE' A 18401 iwno.) AYE SPRINGDALE ST. AVE ADA*IS ! INDLW 30LIS AVE. m LMAWA YE LEGEND MMIL70 AYE. AI_ ® PROJECT L OCA TION CITY OF HUNTINGTON BEACH VICINITY M A P DEPARTMENT OF PUBLIC WORKS ww wrrq�rm�e.+ ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CO TENTS Palo. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. CO\LVIENCE%,lENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BON-DS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGESrDELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FLNDS,SL93STITUTION OF SECURITIES I 1 1,6. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATIO'.ti,DEFENSE,HOLD HARMLESS 12 19- WORKERS' COMPENSATION INSLRANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. DEFAULT&TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 25. NON%ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. CvMIIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32. ATTORNEY'S FEES 18 33. I'NTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modification 20 39 ENTIRETY 20 jmplcontracrs group/eny const/UMI02 CITY FLNIDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON° BEACH AND -- - FOR ---THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/formslaty constlrev 14-18-01 1 0 i 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIG S CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), 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 thorough 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 the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agreeRormslcity constirev 10-18-01 2 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city constlrev 10-18-01 3 • • CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the bid or proposal which is in conflict herewith. 3. COMPENSATION - CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars {S _ _ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and -incidental to,the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agreelrorrnslcity constlrev 10-18-01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Linder no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city consUrev 10-18-01 5 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%)of the final contract price, including all change orders, to warrant such performance for a period of one (1)year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city consvrev 10-18-01 6 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGESMELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S - ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agreelformslcity constlrev 10-18-01 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited 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 DPW shall grant a further period of time), notify 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 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 by 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 no way 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 CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agreefformslcity corstlrev io-i&oi 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONTDITIOI\S A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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. 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agreerforms/aty consUrev 10-18-01 9 0 . 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month 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 of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CO'TRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent(100%) of agree/forms/city constlrev 10-1"1 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FEUDS, Si,BSTITUTION'OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. agreelformslcity constlrev 10-18-01 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole-cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. egreeRormslcity constlrev 10.1"1 12 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 186I, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employers liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is agreetrormslcity•const/mv 10-18-01 13 provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agreeNormslcity corts'Jrev 10-18-01 14 to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, 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 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 CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section-23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consVrev 10-18-01 15 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. - 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, snaps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. .25. NONASSIGNABILITY 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. 26. 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 the California Government Code. agreelfarmslcity constlrev 10-18-01 16 27. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY 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, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agreelforms/city consurev 1o•18-01 17 • i 29. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, Iimit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 30. IMMIGRATIO 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 United States Code Section 1324a regarding employment verification. 31. 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, agreelformslaty constlrev 10-1 B-01 18 such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forM/clty const/rev 10-18-01 19 • i irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's c6nsentlapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agreeNarmslcity constlrev 10-18-01 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HIJNTINGTON BEACH, a municipal corporation of the State of California Mayor By: _ ATTEST: print name ITS: (circle one)ChairrnmuResidentNice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney Secretary -Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agreelformslaty constlrev 10-18-01 21 • RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AWARD CONSTRUCTION CONTRACT FOR THE URBAN RUNOFF DIVERSION IMPROVEMENTS, CC-1181 COUNCIL MEETING DATE: JULY 15, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) Attached (Signed in full bI the City Attorney) Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Attome ) Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds if applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RE D FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial .City Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: LT SRDENGINEERING,INC. 18204Yorba Linda Surd. - Suife 100 Yorba Linda,CA 92886 Tel(714)572-3660 f Fax(714)572-8517 lcuc Sealed Bid For Urban Runoff Diversion .V M In The City-of Huntington Beach r� DO NOT OPEN WITH REGULAR MAIL � � w PROOF OF PUBLICATION (NOTICEANWTING . STATE OF CALIFORNIA) s SEALED BID Sir' } I`Nof,6._-d*heieby_given SS that,sealed bids.will be received. by.the. City.saf. County of Orange } office gtohe Citch le the e office the City Clerk at City;'Hall,�'_2D00- Main Street;:I Huntington! -Beach.-CA,-.92646, unldl I am a Citizen of the United States and a June 1e 2002 atpwnch; resident of the time bids-will-,be opened, County aforesaid; I am publicly and read aloud: in the Council-Cha_mbers over the age of eighteen years and not a for%the:URBAN RUN-q OFF 'DIVERSION' IMJ party to or interested - in the below PROVEMENTS in. the: City of. Huntington: entitled matter. I am a principal clerk of Beach. .-A,set.of plans; specifi.- the HUNTINGTON BEACH INDEPENDENT a ddcu e..s m contract , ddcurnent may be'ob- newspaper of g ;tained:•starting'May 30. general circulation, printed 2002 .,,City-Hall. Department of Public and published in the City of Huntington works`Gpart receipt pf'i County of Orange State of non.refundable tea of f Beach 525.00, sales tax_V. .-chided; if-�pltked.ulo'" California, and that attached Notice is a r$3Eac if mdile s ;Each .bid shall Abe: true and complete copy as was printed made on the Proposet. Form,iprovided in,-the co�trac! dq�tgerlt�.' and and published in the Huntington Beach IshA-be_accornpart!oby., and FountainI:a-certified-,or'cashiers! Valley issues of Said check or.a;bid bond fort not less:ttia - n10'. of't le. newspaper to wit the issue(s) of: amount-of the bid.made ppayable to the City, of rI Hunhngton Beach. The_ f Contractor shall, in,.the May 30, 2002 Iperformance of the.work and improvements;-con-- June 6 , 2002 form to the Labor Code: of the State of Cahfornia.j 2 2 and._other.Laws of the June 13 , State,of:California •ap:� plidable'theieto, with:the, exceptionbonly of such variations•that 'may be required-under the spe-.I cial statutes-pursuant to declare under which proceedings here-,i penalty of perjury, that under .are taken and which have not been-su;l the foregoing is true and correct. perseded by the. provisions of the Labor.: Cade.-Preference to la- bor shall be given only;in Executed on the manner provided by June 13 2002 'aw'� _"': r' u:; 6 bid shallbe�oon-. at Costa Mesa, California. side�ed umfu it heed byt on a form furnished .b� the .City. of Huntington:, Beach;- Department of Public _Works, and�is -made-. in accordance_ with the provisions 6f7tha ,with rd4-uirements: Each bidder'Cmust be- hcensed end also--pre. ,queli6ed f s required by- Iriw. "Ttie City CouCele'II of the, City of ' Huntington' Signature Bea#1:reserves fhe'right to,reject any orall bids. f°By.order of'the_.City Council-of..the- ity„-of_, Huntington,:Beacfi2- Cali- tornia-tfie•20th=af -= ;MagY2002 IConnier Brockwa 'CilytCleikrafithey,illy of Huntington Beach Published. Huntinggton: -Beach:IndependerTy'llay 30.Jura 8: 13. 202 054.062 URBAN RUNOFF DIVERSION CC-1181 BID DATE: June 18, 2002 @ 2 PM Engineer's Estimate: $70,000 .BID LIST BIDDER'S NAME RANK': :: TOTAL-BID AMOUNT 1. ATLAS-ALLIED,INC. S q `i O 6O , oO 2. BRONGO CONSTRUCTION S `� 3. RALCYON ELECTRIC,INC. $ 4. SRD ENGINEERING,INC. $ 5. $ 6. $ 7. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ I d6-1�—� NOTICE INVITING SEALED BIDS for CC-1181 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 42648, until the hour of 2:00 PM on June 18, 2002, at which time bids will be opened publicly and read aloud in the Council Chambers for the URBAN RUNOFF DIVERSION IMPROVEMENTS in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting May 30, 2002 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$25.00, sales tax included, if picked up or$35.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by-the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of May 2002. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 Notice Inviting Sealed Bids-City Clerk-cc1181 Ja5 CITY OF HUNTINGTON B}EA-C_.H 2000 Main Street HUNTi GTON BEACH, CA P . O . Box 190 Huntington Beach , CA 926ZUMAY2Q A 10: 3� LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Connie Brockway Date: May 24.2002 To: City Clerk's Office Pro]ectlC.C.No.: C.C. No. 1181 2000 Main Street Regarding: urban Runoff Diversion Im rovements Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages Including this sheet: ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Invigag Sealed Bid Iter�i# : Co les Pa es ::, ., _: Descri tion 1 1 i Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® for your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewlcomment ❑ Other: t N,. Remarks: On May 20, 20 City Council authorized the advertisement of the Urban Runoff Diversion Improvements; CC1181 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 5/30, 6/6, and 6.113. The bid opening is scheduled for 6 18. Please contact me at extension 5590 with any questions you may have. c: file By: AtWafte,Civil Engineering Assistant GACONSMUMON CONIYAcm(CCs)\CCI I SI\1181TseNsmrrN.TO CLEa[noc CITY Cr HUNTINGTON REACH. CA loot JUN 18 p !: 5 0 -z c1 81 Nnr coal �� 'H?"V-718 P4015N(i.m URBAN RUNOFF DIVERSION CC-1181 BID DATE: June 18, 2002 C 2 PM Engineer's Estimate: $70,000 BID LIST BIDDER'S NAME . RANK TOTAL BID AMOUNT. X 1. ATLAS-ALLIED,INC. $ y 000 � 2. BRONGO CONSTRUCTION $ 3. HALCYON ELECTRIC,INC. $ X 4. SRD ENGINEERING,INC. 5. $ 6. $ 7. $ 8. $ 9, $ 10. 11. $ 12_ $ 13. $ 14. $ 15. $ City of Huntington Beach Project Name: Urban Runoff Diversion Public Works Department Bid Opening: June 18,2002.@ 2:00 PM 2000 Main Street,P.O.Box 190 Engineer's Estimate: s7o.000.00 Huntington Beach,CA 92648 Cash Contract#: 1181 BID SUMMARY Engineers Estimate SIRD Engineering,Inc. Atlas-Allied,Inc. Bidder I Bidder 2 Bidder 3 Item. . ........... Unit Cont uwu!Y UnIf" Price,.: Amount pnce:i Amount::Na: . .. .... --::I)escrlptlan Price Amount: • 1 15250 Slater Avenue LS $24.770001 $24.770 09 S20.600.00 $2().600.00 $28.000.001 $28.000.00 2 6742 Marilyn Drive 1 LS $6.912.00 S5.91200 S5,400.001 $5.400.00 $8.000.00 $8.000.00 3 723 Heil Avenue 1 LS $11.984.00 $11.98400 $18,000.001 S18,000.00 S18,000.00_i $18,000.00 4 18401 Springdale Streel LS 518,811.00 5118.8111.00 $20.1300.013 1 S20.0D0.00 $23.000.00 I $23.000.00 5 4742 Scenario Drive LS $8.523.00 S8.523.00 s9.800.0o I $9.800.00 S7,000.00 $7.00W.00 6 0 0 F 0 $0.00 S0.00 S0.001 $000 $0.00 $0.00 7 0 0 0 $0.00 $0.00 $0.00 1 S000 $0.001 S0.00 8 0 0 I 0 S0.001 $0.00 30.00 1 S000 S600 $0.00 -0 ' - 9 o 0 0 $0.00 - $oo0.00 S0.001 $0.00 le 0 0 $0.130 $0 .. s$0.00 $000 S0.00' $�o 11 0 --0 1 0 SOM I $000 $0.001 10.00 SO.00 $0.00 12 0 0 a S0.001 $000 $0.00 $0.00 $0.001 .--$0.00 13 G 0 i 0 $0.00 1 $000 so-001 $0.00 SODD I 14 10 0 1 0 S0.001 S000 S0.001 $000 SOM 1 $000 15 0 0 I 0 S0001 $000 $000 I --$000 $OM S000 16 0 a I 0 S0.001 S0.00 $0001 $000 $0.130 1 $000 17 0 0 S0.001 $000 $0.001 $0.00 $0.00 t SO.00 18 u 0 I 0 $0.00 SO.00 $0.0D t $0.00 so-00 i $0.00 19 0 0 f 0 $0.00 S0.001 S0.00 i $0.00 $0.00 1 $0.0.0. 20 0 0 0 $0.001 $0.00 $0.001 $0.00 -$0.00 --S0.00 21 0 0 0 $0.001 $0.00 $0-00 1 $000 $000 j SO.00 • 22 0 0 0 $0.001 $0.00 S0.00 I $000 00 .$0.00 23 0 0 0 so.w $0.00 $0.00 S000 $$00.00 .00 24 0 0 0 so-001 $000 $0.00 $0.00 $0.00 0 25 0 0 0 s0-001 $0.00 $1 0 50.00 $0)+.00 $0.00 Total 8Id:wN@K= $70.00D 00 --$73.800 DO Page 1 URBAN RUNOFF DI VERSION CASH CONTRACT No. 1181 If* 4742 SCENARIO DR. ODISA &E �F120 7231 HEIL AVE. Me F A EDINGEN AVE. AVE. 6 742 MARIL YN DR. SUTR AWL 5250 405 Z. 11 TALOMr ALE. SLATER A 1/E.� 18401 WRFl AVE. SPRINGDALE ST. YOR NN T ADAMS AVE IND 1J5 Al. A VE. 81 LEGENDIHAMILT04 PROJECT LOCATION OWNING A&V CITY OF HUNTINGTON 9EACH VICINITY M A P DEPARTMENT OF PUBLIC WORKS ne wor�w�wonn�v tZJ3 uw ILi� w 1ITY OF HUNTINGTON BEA• �,' ��� � p�y� MEETING DATE: May 20, 2002 DEPARTMENT ID NUMBER:PW 02-047 Council/Agency Meeting Held: 05,— — Deferred/Continued to: Nt�_, Approved © Conditionally Approved C1 Denied W. lerk tr' ignature Council Meeting Date: May 20, 2002 Department 1D Number: PW 02-047 CITY OF HUNTINGTON BEACH mz w REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �' H SUBMITTED BY: RAY SILVER, City Administratoro?e& �� h PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Authorize Advertisement for the Urban Runoff Diversion Project; CC- 1181 Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Public Works staff has prepared Contract Documents and Specifications for the Urban Runoff Diversion Project CC-1181. Funding Source: Funds for this project have been appropriated from Proposition 13 in accordance with the Costa-Machado Water Act of 2000. The engineer's cost estimate of $70,000 has been budgeted in the Low Flow Diversion, Drainage Improvement Account Number 89288001.82500. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Urban Runoff Diversion Project CC-1181. Alternative Action(s): Deny approval of the recommended action and direct staff on how to proceed. Denial of this project would maintain the current urban runoff status of discharging untreated low flow urban runoff into the Pacific Ocean and coastal waters. 02-047 May 20 Taite(Advertise Urban Runoff 1181)•DOC Jf 5/912002 4:13 PM �.! • REQUEST FOR ACTION • MEETING DATE: May 20, 2002 DEPARTMENT ID NUMBER:PW 02-047 Analysis: To reduce the amount of debris and other pollutants that would otherwise reach the Pacific Ocean and coastal waters, the City and State have entered into an agreement to construct low flow urban runoff diversions at five storm drain pump stations on the north side of the City. It should be noted that the Orange County Sanitation District might impose a fee to treat the diverted flows. The District's current policy allows for the treatment of 4 million gallons per day (mgd) from its entire collection area at no cost to the diverting agencies. The City currently has the capability to divert approximately 1.9 mgd from the nine pump stations located in the southern part of the City, with additional flows currently being received from other agencies at approximately 2 mgd, for a total of 3.9 mgd. The additional flow generated from the 5 proposed diversions will be approximately 1.0 mgd. This additional flow will exceed the 4 mgd threshold. This exceedance could be managed through coordination with the other contributing agencies. Should the 4 mgd threshold be exceeded, a fee of $321 per mgd could be assessed to the agencies for their actual flows generated. This would translate to approximately $931 per day assessed to Huntington Beach based upon current and projected average daily flows. Public Works Commission Review: On April 17, 2002, the Public Works Commission, by a vote of 7-0-0 approved the staff recommendation to request that the City Council authorize the Director of Public Works to request bids for the Urban Runoff Diversion Project CC-1181. Environmental Status: This project is the construction of a minor utility and is, therefore, categorically exempt pursuant to section 15303 (d) of CEQA. Attachment(s): City Clerk's Page Number No. Description 1. Location Map RCA Author: Taitwim 02-047 May 20 Taite(Advertise Urban Runoff 1181).DOC 4111- 5/9/2002 10:08 AM 12 0- ATTACHMENT # 1 AV- URBAN RUNOFF DI VERSION CASH CONTRACT No. 7181 4742 4\7 SCENARIO DR. 00L+ AM 7231 HE1L AVE. Yc FAD A EDING AVE. 110, AVE. -- 6742 MARIL YN DR, SUTM AVE I 5250 405 SLA TER A VE. -1-ITM AM 9 AVL 18401 awn ML — SPRINGDALE ST. NN AQW9 AWE AVE. AVE LEGEND I AM PROJECT LOCATION 4 law CITY OF HUNTINGTON BEACH VICINITY M A P OF-PARTME14T OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: Authorize Advertisement for the Urban Runoff Diversion Project; CC-1181 COUNCIL MEETING DATE: May 20, 2002 RCA ATTACHMENTS : STATUS : :. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) Si ned in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING'`ATTACHMENTS` REVIEWED :RETURNED . FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator initial apt City Clerk EXPLANATION. FOR RETURN .OF ITEM: (Below • . RCA Author: Taite CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 9264E OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK September 11 , 2002 To: Atlas-Allied Inc. 1210 N. Las Brisas Anaheim, CA 92806 Enclosed please find your original bid.bond-issued by Fidelity and Deposit Company of Maryland for CC No. 1181- Urban Runoff Diversion. Connie Brockway, CIVIC City Clerk Enclosure gJfollowu plcashconfretu mbidbond.doc I Telephone: 714-636-5227) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ATLAS-ALLIED, INC. 1210 N. Las Brisas Anaheim, CA 92806 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 225 S. Lake Avenue, Suite 700 Pasadena, CA 91101 a corporation duly organized under the laws of the State of MARYLAND as Surety, hereinafter called the Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Cash Contract No. 1181 -- Urban Runoff Diversion from Various Locations (5250 Slater Avenue, 6742 Marilyn Drive, 7231 Heil Avenue, 18401 Springdale Street and 4742 Scenario Drive) NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and se led this 12th day of June, 2002 t ATLAS-ALLIED, INC. r ae — — Eva Slcllianl,SecretarylTreasurer FI DECI-T'V A MPANY OF MARYLAND Susan on$0( mess IX�� e ra T Settgast, Attorney-in-Fact AIA DOCUMENT A310•BID BOND•AIA•FEBRUARY 1970 ED• AMERICAN INSTITUTE OF ARCHITECTS, 1735,N.Y.AVE.,N.W.,WASHINGTON,D.C. 20006 • s CALIFO URPOSE ACKNOWLEDGMENT --- State of California } } ss. County of Oranae } On June 12 2002 , before me, MELINDA B. HARVEY Notary Public , Date Name and Tile of Officer(e.g..*Jana Doe.Notary flout') Personally appeared BRAD L. SETTGAST ® personally known to me E]proved to me on the basis of satisfai;tq eviden Ge to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe executed the same in hislherltheir authorized LftJDA B. HARV1 Y capacity(ies), and that by his/her/their COmmission 1296197 signature(s)on the instrument the person(s), Z =a z or the entity upon behalf of which the z Notary Public -Caiifomta person(s)acted,executed the instrument. Orange County My Comm.Expires Mar 6,2005 WITNESS my hand official seal. Place Notary Seal Above signature of Notary Pub' OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmenr of this form to another docuritent Description of Attached Document Title or Type of Document: BID BOND Document Date: June 12 2002 Number of Pages: Signer(s)Other Than Named Above: ATLAS-ALLIED, INC. Capacity(ies) Claimed by Signer Signer's Name: BRAD L. SETTGAST ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 01997 National Notary Assooa5on•9350 Desoto Ave..P.O.Boa 2402.Chatsworth,cA 91313.2402 Power of Attorney . FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Brad L. SETTGAST, of Fullerton, California, its a and lawfu agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as 1jand deed and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of resents, as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been ecuted owledged by the regularly elected officers of the Company at its office in Baltimore,Md.,in their o per pe The said Assistant Secretary does hereby certify th K ct se on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is force. IN WITNESS WHEREOF, the said Vice- v ent and Aunt Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDE AND DSIT COMPANY OF MARYLAND, this Sth day of June,A.D. 2001. `U ATTEST: o� FIDELITY AND DEPOSIT COMPANY OF MARYLAND IIfPGs�i � o ti `"2v 4wra By: E. Smith Assistant Secretary M.J. Anderson Vice President State of Maryland County of Baltimore }ss: On this 8th day of June,A.D. 2001,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. f IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Nouw PUBLIC Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 012-4152C Ar'AHEIM,: CA. ,,92806. i r CITY OF HUNTINGTON BEACH ^ 7 OFFICE OF THE CITY CLERK, 2ND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 LEDIra BID FOR: URBAN RUNOFF. DIVERSION FROM VARIOUS LOCATIONS: 5250 SLATER AVENUE, 6742 MARILYN .DRIVE, 7231 HEIL AVENUE, 18401 SPRINGDALE STREET AND 4742 SCENARIO DRIVE CONTRACT J: °. 1181 U 1—: ;1 S ll�l Zoot BID DATE: JUNE 18, 2002 BID TIME: : 2:00 PM 1 i SECTION C PROPOSAL for the URBAN RUNOFF DIVERSIOti From VARIOUS LOCATIONS (5250 Slater Avenue, 6742 Marilyn Drive, 7231 Heil Avenue, 18401 Springdale Street and 4742 Scenario Drive) CASH CONTRACT No. 1181 in the CITY OF HtiNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF 14UNTINGTOti BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. if at such time the contract is not awarded, the AGENCY will reject all bids and readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i r If awarded the Contract, tPundersigned agrees that in the event the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ETnnFR's RONnin the amount of$1 n1z OF 8IL1 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda 1Va. -Date Received 'Bidder's Si nature NONE NIA EVA SICILIANI SECRETARY-TREASURER C-Z I ROJECT BID SCHEDULE .............. ................... Item-with:unit price ........ ...... .... Item ::Estimate . ............ ............. e n e 7;!:;: . :::: .::::::.. ............ ....... .......... afit1tv. -:'::Ambufit: �Written:ift W.6rds"' uh& rice:.:: 1 1 5250 Slater Avenue Lump Sum @ TWENTY EIGHT IROUSAND--------Dollars $28,000.00 S 28,0000 NOZ100-----------------------Cents Per Lump Sum 2 1 6742 Marilyn Drive Lump Sum @ EIGHT THOUSAND---------------Dollars S 8,000.00 S 8,000.0 NO11O0----------------------- Cents Per Lump Sum 3 1 7231 Heil Avenue Lump Sum Ca, EIGHTEEN THOUSAND------------Dollars 518,000.00 S 18,000�0 N01100------------------------Cents Per Lump Sum 4 1 18401 Springdale Street Lump Sum @ TWENTY THREE THOUSAND--------Dollars S23,000.00 S23,000.0 .. NO110O-----------------------Cents Per Lump Sum 5 1 4742 Scenario Drive Lump Sum @_SEVEN THOUSAND---------------Dollars S 7,000.0 S 7,000.00 N0/100---------------------- Cents Per Lump Sum Total Amount Bid in Figures: $ 84,000.00 Total Amount Bid in Words'. EIGHTY FOUR THOUSAND DOLLARS AND NOI 100 CENTS------- ............................................................................................................. ........... ................................................................. C-1s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion . _Nan:e and Address of Subcontractor_ State License Class Lf Work Number 10% HAITBRINK ASPHALT PAVING #517707 1480 SOUTH OLD RANCH ROAD ANAHEIM, CA 92808 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 RNCOLLUSIOiV AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED VGITH BID State of California Ss. County of Orange EVA SICILIANI , being first duly sworn, deposes and says that he or she is SECRETARY--TREASURER of ATLAS—ALLIED, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone,shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. EVA SICILIANI, SECRETARY—TREASURER _ Name of Bidder ATLAS—ALLIED, INC. Signature of Bidder EVA SICILIANI 1210 NORTH LAS BRISAS ANAHEIM, CA 92806 _ Address of Bidder Subscribed and sworn to before me this 12TH day of ,TUNE 12002 **SEE ATTACRED ACKNOWLEDGMM** NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • F.F .1 State of California ' County of orange rG. �r. On JUNE 12, 2002 before me, Nile R. Sensabaugh Notary Public =ATE NAME--I' E OF O==IC_R-F-G.."JANE DOE.VOTARY PUBIC' 11. z'' personally appeared - Eva Siciliani Secreatry/Treasurer -, c, NAME(S)OF SIGNER(% z M personally known to me - OR - n proved to me on the basis of satisfactory evidence ALL' to be the person*) whose namets) is/axe subscribed to the within instrument and ac- knowledged to me that tWshe)�ksy executed the same in kiisdherir authorized capacity(jais), and that by Nis/herftzix signature(r,) on the instrument the person{, is 1 or the entity upon behalf of which the person(a) acted, executed the instrument. :{ NILE R.Si:NSA8Al1CyM Comm.#1253065 a _ NOTARY PUBLIC-CALIFORNIA q WITNESS my hand and official seal. ttgS ORANGE COUNTY „k My Comm.Expires March S.2M4 Ax SIGNATURE OF NO-ARv OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 2 fraudulent reattachment of this form. 41 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT q9 L� INDIVIDUAL L CORPORATE OFFICER r., NONCOLLUSION AFFIDAVIT, Sec.- Trea. TITLE OR TYPE OF DOCUMENT .-L={3: C PARTNER(S) ❑ LIMITED AU ❑ GENERAL 1 ii LI ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR �t OTHER: JUNE 12, 2002 DATE OF DOCUMENT M i SIGNER IS REPRESENTING: NAME OF PERSON is!OR ENTITvi'E& r'<< — — SIGNER(S)OTHER THAN NAMED ABOVE Nab Atlas-Allied. Inc. 6; - UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the URBAN RUNOFF DIVERSION, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term. "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ATLAS ALLIED, INC. Contractor By EVA SICILIANI SECRETARY-TREASURER Title Date: JUNE 12, 2002 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ATLAS-ALLIED, INC. Contractor r By EVA SICILIANI SECRETARY-TREASURER Title Date: JUNE 12, 2002 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ATT-AS-AT T•TF.T) TN _ Bidder Name 1210 NORTH LAS BRISAS Business Address ANAHEIM CA 92806 City, State Zip 714 630-3633 Telephone Number #437235 State Contractor's License No. and Class APRIL 7, 1983 Original Date Issued APRIL 30 2003 Expiration Date The work site was inspected by NILE SENSABAUGH of our office on JUNE 11 , 2002 . The following are persons, firms, and corporations having a principal interest in this proposal: GEORGE L. SICILIANI PRESIDENT EVA SICILIANI SECRETARY-TREASURER C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ATLAS-ALLIED, INC. _ Company Name — ar-'� Signature of Bidder EVA SICILIANI Printed or Typed Signature Subscribed and sworn to before me this 12T1day of JUNE , 200 2 . **SEE ATTACHED AMOWLED(MENT** NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: **SEE ATTACHED REFERENCE LIST** Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4�a r.; State of California '= County of Orange On .TUNE 12 2002 before me, Nile R. Sensabaueh - otaXy Public , DATE NAME.71--E OF OFFICER-E.G.'JANE DOE.NOTARY PUBUC- J personally appeared Eva Siciliani_- Secreatry/Treasurer NAME(&OF SIGNERIS' 9 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ES to be the person ft) yvhose namets) is/avo ?s subscribed to the within instrument and ac- knowledged to me that talsheftey executed "= the same in hisr/herftmdr authorized capacity(jes), and that by Nzlher/thvttt signature(s) on the instrument the person(, r--� or the entity upon behalf of which the person(a) acted, executed the instrument. NILE R.SENSABAUGH COMM11253065 > �F ¢ NOTARY PUBLIC•CALIFORNIA D r_ ORANGEcaUN7Y WITNESS my hand and official seal. 4; My Comm.Expires A4areh 6,2004 } SIGNA-L-RE OF NOTARY . +e OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying an the document and could prevent fraudulent reattachment of this form. IV CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT .-. INDIVIDUAL CORPORATE OFFICER ,- BIDDER'S CERTIFICATION Sec.- Trea. TITLE OR TYPE OF DOCUMENT TITLE(S) •T �] PARTNER(S) LIMITED `= ❑ GENERAL 1 E ❑ ATTORNEY-IN-FACT NUMBER OF PAGES F ❑ TRUSTEES) ' L-. GUARDIAN/CONSERVATOR i ❑ OTHER: JUNE 12, 2002 f. DATE OF DOCUMENT `t G FEI {{r SIGNER IS REPRESENTING: #' NAME Or PERSONiS;-OR ENTITYHES; N.A. ��: SIGNER(S) OTHER THAN NAMED ABOVE °'� At1as-A11ied. Inc. S (]ATLAS-ALLIED, INC. PrIneT GenerW � s+rres t� Errinp 1210 N.Las Orissa,Anaheim,CA 82808 TEL(714)630.3633 FAX(714)630.0445 REFERENCE SHEET February 2002 FebrnarY_2002 City of Anaheim City of Norwalk 201 South Anaheim Blvd, Suite 601 12700 Norwalk Blvd. Anaheim, CA 92805 Norwalk, CA 90651 Dan Setty (714) 765-5110 Noel Ford(562) 929-5599 $40,160.00 $119,550.00 Chlorine Feed Project Water Valve Replacements January 2001 Jaullary 2001 County of Orange Housing Authority City of El Monte 1770 N. Broadway 11333 Valley Blvd. Santa Ana, CA 92706 El Monte, CA 91731 Virgil Gonzales(714)480-2734 David Sandell (626) 852-4784 $30,551.60 $159,880.00 Meter Upgrade at Rustic Lane Install fire hydrants January 20.01 January-2001 State of California Dept. of Parks and Recreation Service Engineering 3030 Avenida del Presidente 7422 Walnut Avenue San Clemente, CA 92672 Buena Park, CA 90620 Donna Renner(949)492-0802 Jim Wozab(714) 532-3440 $793.661.00 $1 86,500.00 Pavement and Utilities at San Clemente Park Underground fire lines at Albertson's March 2001 May 2001 City of Rialto City of San Clemente 150 So. Palm Avenue 910 Calle Negocio St., Suite 100 Rialto, CA 92376 San Clemente, CA 92673 Richard Scanlan (909) 820-2622 Dave Rebensdorf (949)361-6130 $12,788.00 $107,170.00 Installation of Grease Trap and Appurtenances at Vaquero Waterline Replacement Rialto Airport May-2001 Aueust 2001 Coast Community College District University of Riverside 1370 Adams Ave. 3615A Canyon Crest Drive Costa Mesa, CA 92626 Riverside, CA 92507 Ardith Ritchey $1,000,741.00 $24,680.00 Campus Chilled Water Expansion KOCE Site Retrofit c/o Gross Engineering Lucas B. Hyman P.E. (909)340-1977 ATLAS ALLIED, INC. Pipeline General Piping Engineering SIkC6 t469 REFERENCE SHEET April 2000 July 2 00 City of Fullerton County of Los Angeles 303 W. commonwealth Ave 9001 S. Fremont Ave Fullerton, Ca 92832 Alhambra, Ca 91803 Eric Nunez 714-738-6845 Paul Keizer 626-458-3122 Large Meter Upgrades $18,564.00 Ocean Outlet Modifications $406,773.99 Project No. 507, 513 & 7401 May 2000 Three Arch Bay District Auglill 2CO0 5 Bay Drive State of California Laguna Beach, Ca 92651 Dept Park&Recreation Greg Cohen 949-499-4567 3030 Avenida del Presidente Callecita Storm Drain Improvements San Clemente, CA 92672 $50,736.00 Donna Renner 949-492-0802 Rehabilitate Water& Sewer System @ Jul-v 2000 San Clemente State Park$809,022.57 City of Anaheim P O Box 322 November 2000 Anaheim, Ca 92806 Burbank Union High School District Dale Maclntosch 714-765-7156 1900 W. Olive Ave Orange Ave 16" & 6" Main Relocation Burbank, CA 91506 $35,948.00 Michael Maurizo 818-729-4461 #205 Sewer Relocation& Burbank H. S. October 2000 $245,991.00 Whittier Union High School District 9401 S. Painter Ave. De.�2000 Whittier, CA 90605 Orange County Water District Karl Schrader 562-698-8121 #1541 10500 Ellis Avenue Main Water Pump Replacement @ Fountain Valley, CA 92708 Sierra Education Center $76,213.00 Michael Markus 714-378-3373 Alamitos Barrier Injection Well, Phase 2 $244,511.00 1210 N. LAS BRISAS,ANAHEIM, CA 92806 TEL(714) 630-3633•FAX (714) 630-0445 LICENSE#437235 ATLAS-ALLIED, INC, Pipeline General Piping X.17 Engineering SfNCF 1969 REFERENCE SHEET July 1999 September 1999 El Camino College City of Fullerton 16007 Crenshaw Blvd. 303 W. Commonwealth Ave Torrance, CA. 90506 Fullerton, Ca 92832 Bob Gann Eric Nunez 714-738-6845 (310) 660-3693 Storm Drain Improvements Water Distribution System Contract Amount $ 26,025.00 Contract Amount: $166,940,00 Luk 1999 September 1999 Long Beach Transit District Mt. San Antonio College Steve Watt 562-591-8753 1100 N. Grand Ave. 1963 E. Anaheim Street Walnut, CA 91789 Long Beach, CA. 90801-0731 John Beckton 909-594-5611 Project NO. LBT 99003 CIO Bovis Construction Corp. Stormwater/Wastewater Treatment Water Main Replacement at Farm Area Contract Amount $260,000.00 Contract Amount$187,565.00 June 1 99 December 1999 Barstow College City of Seal Beach The Addington Partnership 211 Eighty Street 2nd Floor Bob Varner 661-327-1690 Seal Beach, Ca 90740-6379 Fire Loop System Gary Tomasetti 562-799-4492 Contract Amount $230,000.00 C/O CRSS Constructors Pier Water Line Improvements Se tember 1999 Contract Amount $61,091.94 Rialto Unified School District 182 E. Walnut Ave October,19" Rialto, Ca 92376 Coast Community College District John Boatman 909-684-4664 1370 Adams Avenue C/o Ruhmau Ruhmau Associates Costa Mesa, Ca 92626 New Fire Hydrant at Eisenhower HS Terry Craig 714-432-5990 Contract Amount $13,774.00 Water Valve Replacement Contract Amount$98,624.00 1210 N. LAS SRISAS,ANAHEIM, CA 92806 TEL(714) 630-3633• FAX(714) 630-0445 LICENSE#437235 ATLAS ALLIED, INC. Pipeline \K�� General Piping SINCE 1969 Engineering REFERENCE SHEET March 1998 !LUN 1998 Orange County Sanitation District City of Laguna Beach 10844 Ellis Avenue 505 Forest Avenue Fountain Valley, CA 92708 Laguna Beach, CA 92651 Dave Erdkamp Steve May(949)497-3311 *351 (714) 962-2411 x6315 Lower Park Ave. Storm Drain Reclaimed Water Extension to Contract Amount: $455,497.00 Headworks"C" Plant-No. 2 Contract Amount: $139,680.00 August 1998 City of Cerritos March 1998 18125 Bloomfield Avenue California State University, Fullerton Cerritos, CA. 90703-3130 800 N. State College Blvd Joe Holden(562) 860-0311 *2665 Fullerton, CA Design and Installation of Existing Mr. Hyun Lim(714) 278-2349 Sewer Lift Station from Ejector Type T-Building Drainage To pump Lift Station, Project#1805 Contract Amount: $27,037.00 Contract Amount: $139,680.00 March 19�8 August 1998 Coast Ca unity College District Orange Coast College 1370 Ada�s Avenue 2701 Fairview RD Costa Mesa, CA 92626 Costa Mesa, CA. 92626 Ardith Ritchey Terry Craig(714) 438-4646 Sidewalk Improvement at Parking Lot F Sewer Line Replacement & At Orangq Coast College Various other Projects Contract mount: $10,965.00 Contract Amount: $113,455.00 June 199 September 1998 Long Beach City College Midway City 4901 E. Carson Street Eastside Water Association Long BeaA CA 90808 14882 Jefferson Street Oscar Trejo (562) 938-4072 Midway City, CA. 92655 Drain Improvements Jim Curry (714) 893-7346 Contract Amount: $7,200.00 Distribution System Replacement Program, Phase V Contract Amount: $36,682.36 1210 N. LAS BRISAS,ANAHEIM, CA92806 TEL(714) 630-3633•FAX(714) 630-0445 LICENSE#437235 A" ())ATLAS-ALLIED.. INC. P+peline Genera! Piping X.7Engineering S11VC11 1401 REFERENCE SHEET August 1997 Se tember 1997 City of Irvine Orange County Transit Authority P.O. Box 19575 550 S. Main Street Irvine, CA 92623 Orange, CA 92863 Doug Davidson(714) 724-6000 Steve Levine (714) 560-6282 Rehabilitation Heritage On-Site Gas Piping Relocation Community Park Lagoon Contract Amount: $21,274.15 Contract Amount: $89,470.39 November 1997 August 1997 City of Newport Beach Santa Ana Unified School District 3300 Newport Blvd. 1601 E. Chestnut Ave Newport Beach, CA 92663 Santa Ana, CA 92701 Pete Antista(714) 719-3400 Richard Murray(714) 558-5501 Big Canyon Reservoir Repl. of Storm& Sewage 54" & 48" 48" & 54" Piping Modifications System @ Wilson Elementary School &Valve Replacements Contract Amount: $53,065.30 Contract Amount: $174,600.00 August 1997 ' November 1997 Los Angeles Metro Transit Authority City of La Habra Heights One Gateway Plaza 1245 N. Hacienda Blvd Los Angeles, CA 90012 La Habra, CA 90631 Paras Sharma(213) 922-6000 In Care of RIBA Engineering Fire Hydrant Replacement Dave Gilbertson (626) 331-8323 @ Division 16 Venice, CA Drainage Improvements Contract Amount: $21,160.00 @ Locations Various Contract Amount: $110,975.06 Seotember 1997 Los Angeles Metro Transit Authority December 1997 One Gateway Plaza City of San Clemente Los Angeles, CA 90012 1 Avenida Presidia Paras Sharma(213) 922-6000 San Clemente, CA 92673 Motor Oil Supply System Gary Vorborsky(949) 361-6132 @ Division 18 Carson, CA Calle Vallarta Storm Drain Contract Amount: $114,376.00 Contract Amount: $46,219.00 1210 N. LAS BRISAS,ANAHEIM, CA 92806 TEL(714) 630-3633• FAX (714)630-0445 LICENSE#437235 } ATLAS-ALLIED, INC. Pfpelfne General Piping Engineering SINCE 1969 REFERENCE SHEET December 1996 Aoril 1997 California State University, Fullerton Frame-N-Lens 800 N. State College Blvd. 4201 Bonita Avenue Fullerton, CA 92634 Fullerton, CA 92835 Mr. Hyun K. Lim(714)278-2349 Brent Saul Sewerline Construction Water Line Improvements Contract Amount: $31,411.00 Contract Amount: $34,756.00 FebMaa 1997 Mal 1997 Long Beach City College District Long Beach City College 4901 E. Carson Street 4901 E. Carson Street Long Beach, CA 90808 Long Beach, CA 90808 Ali Radian(562) 938-4111 Ali Izadian(562) 938-4111 Water Main Replacement Installation of Secondary Containment Contract Amount: $54,449.00 Barrier @ Liberal Arts Campus Contract Amount: $23,029.00 April 1997 Capistrano Valley Water District May 1997 32450 Paseo Adelanto Tavaglione Construction San Juan Capistrano, CA 92670 3405 Arlington Avenuek Eric Bauman(714)493-1515 Riverside, CA 92504 Glenfed Main Supply Line Ray Tavaglione (909) 684-8870 Contract Amount: $13,559.00 Piping @ Boston Market Contract Amount: $9,900.00 Anril 1997 La Habra Fire Protection June 1997 941 Macy Street County of Los Angeles La Habra, CA 90631 Department of Public Works Terry Kennedy(310) 694-2948 1000 S. Freemont Avenue 51' Floor 6"Fire Protection Upgrade Alhambra, CA 91803-4737 Hacienda Country Club Nicholas Kozma(626) 458-2523 Contract Amount: $13,403.00 South Campus Utility Reroute Project @ Rancho Los Amigos Medical Center Contract Amount: $ 481,175.00 1210 N. LAS BRISAS,ANAHEIM,CA 92806 TEL(714)630-3633-FAX(714) 630-0445 LICENSE#437235